Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

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Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by dagmars on Mon Aug 22, 2011 7:54 pm

Sir :
May i ask this question, A bidding was declared failure because all the bidders failed to comply all the bid requirements as per Section 35.1.c of R.A. 9154. Are those disqualified bidders eligible to submit bids for the second bidding ? I need your enlightenment. Thank you very much.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by fe a. araya on Wed Aug 24, 2011 6:53 pm

If there was a failure of bidding, the BAC should repost and invite again. Disqualified Bidders may submit again. This time, they have to comply with all the requirements, otherwise they may be disqualified again.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by dagmars on Thu Aug 25, 2011 5:47 am

Is their any section or provision from IRR of RA 9184 to support that they are eligible to submits bids for the second bidding ? Thanks.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by khalel on Thu Aug 25, 2011 3:55 pm

i dont think there is prohibition for them to do so. not unless of course they arte disqualified for other cause like submitting spurious documents.

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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by dagmars on Thu Aug 25, 2011 9:17 pm

The decisions of the BAC to prohibits them to participate in the second bidding was based on the ground that they were disqualified in the first bidding and the absent / silent of provisions in IRR of RA 9184 regarding this case ...Is Section 35.4 of IRR of RA 9184 is the right justification to challenge the decision of the BAC ? Thanks.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by sunriser431 on Thu Aug 25, 2011 9:31 pm

dagmars wrote:Sir :
May i ask this question, A bidding was declared failure because all the bidders failed to comply all the bid requirements as per Section 35.1.c of R.A. 9154. Are those disqualified bidders eligible to submit bids for the second bidding ? I need your enlightenment. Thank you very much.
excerpts from the GPM manual for your guidance. Peace. bounce
What happens if no bid complies with all bid requirements? If no bid complies with all bid requirements, the BAC should declare the bidding a failure. In such a case the BAC shall issue a Resolution declaring a failure of bidding. The BAC then reviews the terms and conditions stated in the IAEB. If warranted, it changes any of the terms and conditions, including the quantities or specifications, provided that the ABC is left unchanged. It must, thereafter, conduct a re-bidding, in the process formulating a new IAEB and posting and publishing this as required. (IRR-A Section 35) All bidders that have initially responded to the IAEB in the first bidding shall be allowed to submit new bids.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by Alpha on Thu Aug 25, 2011 11:10 pm

A bidder disqualified in the conduct of the previous failed bidding process may still participate and is allowed to participate in the subject re-posted / re-advertised project.

Unless the said bidder is already identified BLACKLISTED... Idea

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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by dagmars on Fri Aug 26, 2011 7:44 am

Supposing the ABC was changed or increased after mandatory reviewed. Thus it include some bidders who submit letter expressing their intention not to participate because they believed the ABC was under estimate, will they still be eligible to submit bids for the second bidding ? How about those bidders who withdraw their bids in the first bidding ? Thanks for your enlightenment.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by engrjhez® on Fri Aug 26, 2011 9:17 am

dagmars wrote:The decisions of the BAC to prohibits them to participate in the second bidding was based on the ground that they were disqualified in the first bidding and the absent / silent of provisions in IRR of RA 9184 regarding this case ...Is Section 35.4 of IRR of RA 9184 is the right justification to challenge the decision of the BAC ? Thanks.

The decision of the BAC is not in order as it violates a governing principle of government procurement - competitiveness. The last statement of Sec.35.4 is clear on this. "x x x The BAC shall observe the same process and set the new periods according to the same rules followed during the previous bidding(s)." The reason why 35.4 particularly mentioned all eligible and shortlisted bidders because they have already the disadvantage that their bids particularly the financial aspect may have been also opened (and exposed). Because of that, they are expressly allowed to submit new bids should a re-bid is conducted.

Since we are talking here of a re-bid and not a shortlisting, everyone should be allowed to participate as if it was the first time it was posted.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

Post by dagmars on Fri Aug 26, 2011 11:18 am

Thank you very much for enlightening me and to all who shared with us your expertise, experiences and knowledge about this IRR of RA 9184. Once again, many thanks.
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Re: Eligibility to Submit bids ( 2nd bidding ) after disqualified due to failure to comply with all the bid requirements in the 1st bidding..

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