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post qualification, procurement of medicines

Post by engr2965 on Wed Jul 06, 2011 10:14 pm

Sad procurement of medicines... LCB submitted CPR for one item wherein the listed Importer in that CPR was also a participant in the bidding and was in fact 2nd lowest complying. Importer wrote to BAC (unsolicited) informing that being the importer they were the one appointing distributors (don't know if this is right), and that they have no knowledge that this other bidder was a distributor of such medicine. Furthermore, they wrote that no importation of the brand was made since December 2010... Can this be a ground for disqualfying the LCB? Can the Bidder substitute another brand other than that indicated in its submitted CPR?

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Re: post qualification, procurement of medicines

Post by engrjhez® on Thu Jul 07, 2011 9:17 am

engr2965 wrote: Sad procurement of medicines... LCB submitted CPR for one item wherein the listed Importer in that CPR was also a participant in the bidding and was in fact 2nd lowest complying. Importer wrote to BAC (unsolicited) informing that being the importer they were the one appointing distributors (don't know if this is right), and that they have no knowledge that this other bidder was a distributor of such medicine. Furthermore, they wrote that no importation of the brand was made since December 2010... Can this be a ground for disqualfying the LCB? Can the Bidder substitute another brand other than that indicated in its submitted CPR?

The grounds fro disqualifying LCB is clearly stated in the IRR:
34.3. The post-qualification shall verify, validate, and ascertain all statements made and
documents submitted by the bidder with the Lowest Calculated Bid/Highest Rated
Bid, using non-discretionary criteria, as stated in the Bidding Documents. These
criteria shall consider, but shall not be limited to, the following:
a) Legal Requirements. To verify, validate, and ascertain licenses, certificates,
permits, and agreements submitted by the bidder, and the fact that it is not
included in any “blacklist” as provided in Section 25.2 of this IRR. For this
purpose, the GPPB shall maintain a consolidated file of all “blacklisted”
suppliers, contractors, and consultants.
b) Technical Requirements. To determine compliance of the goods, infrastructure
projects, or consulting services offered with the requirements specified in the
Bidding Documents, including, where applicable:
i) Verification and validation of the bidder’s stated competence and
experience, and the competence and experience of the bidder’s key
personnel to be assigned to the project, for the procurement of
infrastructure projects and consulting services;
ii) Verification of availability and commitment, and/or inspection and testing
for the required capacities and operating conditions, of equipment units
to be owned/leased/under purchase by the bidder for use in the contract
under bidding, as well as checking the performance of the bidder in its
ongoing government and private contracts (if any of these on-going
contracts shows a reported negative slippage of at least fifteen percent
(15%), or substandard quality of work as per contract plans and
specifications, or unsatisfactory performance of the contractor’s
obligations as per contract terms and conditions, at the time of
inspection, and if the BAC verifies any of these deficiencies to be due to
the contractor’s fault or negligence, the agency shall disqualify the
contractor from the award), for the procurement of infrastructure
projects;
iii) Verification and/or inspection and testing of the goods/product, aftersales
and/or maintenance capabilities, in applicable cases, for the
procurement of goods; and
iv) Ascertainment of the sufficiency of the bid security as to type, amount,
form and wording, and validity period.
c) Financial Requirements. To verify, validate and ascertain the bid price
proposal of the bidder and, whenever applicable, the required CLC in the
amount specified and over the period stipulated in the Bidding Documents, or
the bidder’s NFCC to ensure that the bidder can sustain the operating cash
flow of the transaction.

If the LCB does not violate the above provisions, they cannot be disqualified. Smile
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