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commitment from a licensed bank

Post by kim_wd on Mon May 18, 2009 12:36 pm

For the Technical Proposal (Goods), a bidder submitted a commitment from a licensed, the amount of which should be ten percent of the ABC. However, the submitted amount is only 1% of the ABC. Is the bidder considered disqualified or just "failed" in this aspect?
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Re: commitment from a licensed bank

Post by aljune70 on Mon May 18, 2009 6:01 pm

Section 32 and 34 of the IRR of RA 9184 states that:

a. Section 23.2 : “xxx the BAC shall determine if each prospective bidder is eligible to participate in the bidding by examining the completeness of each prospective bidder’s eligibility requirements or statements against a checklist of requirements, using a non-discretionary “pass/fail” criteria as stated in the IAEB xxx; xxx failure to submit a requirement or an incomplete or patently insufficient submission, shall be considered “failed” for the particular eligibility requirement concerned xxx”

b. “32.4.1.a. The bid must be complete. xxx bids not addressing or providing all of the required items in the bidding documents xxx shall be considered non-responsive and xxx automatically disqualified.”;


Hope this helps... Very Happy Laughing
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Re: commitment from a licensed bank

Post by kim_wd on Tue May 19, 2009 11:13 am

Can the bidder file a motion for reconsideration and eventually complete his cash deposit to comply with the requirement of 10% of the ABC? Please note that he only submitted a cash deposit certificate equivalent to 1% of the ABC.
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Re: commitment from a licensed bank

Post by aljune70 on Tue May 19, 2009 11:49 am

The prospective bidder may file an MR, stating therein their grounds for being reconsidered, but the BAC cannot dictate what document(s) they should attach to the MR. If ever the prospective bidder decided to attach the necessary document, then the BAC shall decide whether to accept it or not, guided by the IRR of RA 9184. Smile
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Re: commitment from a licensed bank

Post by RDV @ GP3i on Tue May 19, 2009 5:10 pm

kim_wd wrote:Can the bidder file a motion for reconsideration and eventually complete his cash deposit to comply with the requirement of 10% of the ABC? Please note that he only submitted a cash deposit certificate equivalent to 1% of the ABC.

The bidder can always file a motion for reconsideration, but the BAC will still disqualify the bidder because the BAC could not accept additional cash deposit certificate to complete the bidder's requirement. It would be considered an "improvement of bid" which is not allowed under our procurement rules.
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Re: commitment from a licensed bank

Post by engrjhez® on Tue May 19, 2009 10:46 pm

See a similar case on Bid Security here.

See a similar case on "improvement of bids" here.
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Re: commitment from a licensed bank

Post by kim_wd on Wed May 20, 2009 11:36 am

Thanks guys, you're a big help. Smile
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