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Re:Format and Signing of Bids

Post by sunriser431 on Thu May 28, 2009 3:45 pm

The PBD for Procurement of Goods
Sec 23.2 Format and Signing of Bids which reads
xxxxx.
All pages of the Bid, except for unamended printed literature, shall be initialed by the person or persons signing the Bid.

For purpose of discussion
The TWG shall prepare a Post qualification evaluation report (SF-GOOD-44) for submission to the BAC. The report shall contain, among others, the activities undertaken with regard to the Post qualification process, including feedback from inquiries conducted.The activity includes the examination, validation and verification of the Bid Documents submitted by the prospective bidder. Perusal with the Bid documents submitted by the prospective bidder its only the Financial proposal that is signed by the bidder and not clear whether to include the Eligibility and Technical documents, as required in Section 11 Instructions to Bidders ITB Clause 23.2 Format and Signing of Bids which reads xxxx "All pages of the BID, except of unamended printed literature, shall be initialed by the person or person signing the Bid".

My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements?


Last edited by sunriser431 on Fri Jun 05, 2009 9:19 pm; edited 4 times in total (Reason for editing : Merged two posts by the same user containing the same basic thought)
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Re: Re:Format and Signing of Bids

Post by engrjhez® on Fri Jun 05, 2009 1:48 pm

sunriser431 wrote:The PBD for Procurement of Goods
Sec 23.2 Format and Signing of Bids which reads
xxxxx.
All pages of the Bid, except for unamended printed literature, shall be initialed by the person or persons signing the Bid.
My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements?
Again, let me quote Atty.Shobe on this:
Under the rules on statutory construction:
Intent of law paramount; too literal interpretation discouraged.
The spirit, rather than the letter of a law determines its construction; hence, a statute must be read according to its spirit and intent. The too literal interpretation of the law leads to absurdity which the Court cannot countenance. A too-literal reading of the law constrict rather than fulfill its purpose and defeat the intention of its authors. That intention is usually found not in ‘the letter that killeth but in the spirit that vivifieth’.
For me, the checklists you mentioned does not form part of the actual BID, hence absence of signature does not constitute a violation. More important than the checklists is the presence of the actual documents from which will be subjected for checking, review, and validation. Very Happy
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Re: Re:Format and Signing of Bids

Post by RDV @ GP3i on Fri Jun 05, 2009 5:52 pm

sunriser431 wrote:The PBD for Procurement of Goods
Sec 23.2 Format and Signing of Bids which reads
xxxxx.
All pages of the Bid, except for unamended printed literature, shall be initialed by the person or persons signing the Bid.

My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements?

The checklists are not part of the bid submission document. They are given to you so you have a something to check on while you prepare the bid requirements so that you dont miss out on said requirements, otherwise you will be disqualified.
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Re: Re:Format and Signing of Bids

Post by sunriser431 on Fri Jun 05, 2009 9:15 pm

RDV wrote:
sunriser431 wrote:The PBD for Procurement of Goods
Sec 23.2 Format and Signing of Bids which reads
xxxxx.
All pages of the Bid, except for unamended printed literature, shall be initialed by the person or persons signing the Bid.

My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements?

The checklists are not part of the bid submission document. They are given to you so you have a something to check on while you prepare the bid requirements so that you dont miss out on said requirements, otherwise you will be disqualified.


engrjhez wrote:
sunriser431 wrote:The PBD for Procurement of Goods
Sec 23.2 Format and Signing of Bids which reads
xxxxx.
All pages of the Bid, except for unamended printed literature, shall be initialed by the person or persons signing the Bid.
My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements?
Again, let me quote Atty.Shobe on this:
Under the rules on statutory construction:
Intent of law paramount; too literal interpretation discouraged.
The spirit, rather than the letter of a law determines its construction; hence, a statute must be read according to its spirit and intent. The too literal interpretation of the law leads to absurdity which the Court cannot countenance. A too-literal reading of the law constrict rather than fulfill its purpose and defeat the intention of its authors. That intention is usually found not in ‘the letter that killeth but in the spirit that vivifieth’.

For me, the checklists you mentioned does not form part of the actual BID, hence absence of signature does not constitute a violation. More important than the checklists is the presence of the actual documents from which will be subjected for checking, review, and validation. Very Happy

I'm not referring to the standard form no# SF-GOOD-07, SF-GOOD-31, and SF-GOOD-39 itself, but the documents required from bidder to be submitted to the procuring entity as specified in Section 11 ITB clause 13.2 (Eligibility Documents), and ITB Clause 14.1 (Documents comprising the Bid Technical proposal) lastly the ITB Clause 15.1 (Documents comprising the Bid Financial proposal) maybe I have not explain it clearly. Smile sorry my fault Embarassed

For purpose of discussion
Example in Section 11 ITB clause 13.2 (Eligibility Documents) the bidder are required to provide the following Documents

Class “A” Legal Documents

1. DTI business name registration or SEC registration certificate. (SF-GOOD-08)
2.Valid and current Mayor’s permit/municipal license. (SF-GOOD-09) (SF-GOOD-09)
3.BIR Registration Certification, which contains the Taxpayer’s Identification Number. (SF-GOOD-10)
4 Tax Clearance issued by the BIR Main Office and Income or Business Tax Returns Filed through the EFPS (E.O. 398 s. 2005) (Circular# 02-2005)
5.Articles of Incorporation, Partnership or Cooperation, whichever is applicable, including amendments thereto, if any
6. Duly signed statement of the prospective bidder that it is not “blacklisted”.
(SF-GOOD-11)

Class “A” Technical Documents

1. Statement of ongoing and similar completed government & private contracts w/in the period specified in the IAEB, including contracts awarded but not yet started. (SF-GOOD-13a) (SF-GOOD-13b)
2. Copies of end-user’s acceptance letters for completed contracts
3. Specification of whether or not the prospective bidder is a manufacturer, supplier or distributor (SF-GOOD-21)

Section 11 ITB clause 14.1 (Documents comprising the Bid Technical proposal) the bidder are required to provide the following Documents

1 xxxxx
2 xxxxx

Section 11 ITB Clause 15.1 (Documents comprising the Bid Financial proposal)
1.xxxx
2.xxxx

The PBD for Procurement of Goods
Sec 23.2 Format and Signing of Bids which reads
xxxxx.
All pages of the Bid, except for unamended printed literature, shall be initialed by the person or persons signing the Bid.

My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements? Cool
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Re: Re:Format and Signing of Bids

Post by engrjhez® on Fri Jun 05, 2009 9:41 pm

sunriser431 wrote:
x x x
My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements? Cool
If you are not pertaining to the checklist, but rather to the documents as defined by the checklists, the answer is YES. Reason is already self explanatory. All of those, whether amended or not by nature, must be signed accordingly as it forms part of the submitted BID. Very Happy
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Re: Re:Format and Signing of Bids

Post by RDV @ GP3i on Sat Jun 06, 2009 11:35 am

engrjhez wrote:
sunriser431 wrote:
x x x
My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements? Cool
If you are not pertaining to the checklist, but rather to the documents as defined by the checklists, the answer is YES. Reason is already self explanatory. All of those, whether amended or not by nature, must be signed accordingly as it forms part of the submitted BID. Very Happy

Aside from initialing the pages, it would be a good practice on the part of the bidder to also number the pages consecutively. With the numbering, it would be extremely difficult for those who are good in the sleight of hand, to make any page suddenly disapper during eligibility check/preliminary examination. The rationale for the initialing is the opposite, pages with no initials are those which suddenly appear, as if by magic.
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Re: Re:Format and Signing of Bids

Post by sunriser431 on Sat Jun 06, 2009 9:56 pm

Thanks Sir RDV. I did post similar topic, for reference click this link http://gppb.topicsolutions.net/competitive-bidding-f8/re-class-a-financial-documents-t198.htm

In my observation, the BAC is not implementing this requirement, will the BAC be violating the GPRA for not implementing this? if so what will happen to those Bidding that has been awarded before, too numerous to count Sad
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Re: Re:Format and Signing of Bids

Post by venom.0420 on Sun Jun 07, 2009 1:23 pm

RDV wrote:
engrjhez wrote:
sunriser431 wrote:
x x x
My question will these include all documents in the checklist of Eligibility requirements, and the checklist of Technical and Financial proposal requirements? Cool
If you are not pertaining to the checklist, but rather to the documents as defined by the checklists, the answer is YES. Reason is already self explanatory. All of those, whether amended or not by nature, must be signed accordingly as it forms part of the submitted BID. Very Happy

Aside from initialing the pages, it would be a good practice on the part of the bidder to also number the pages consecutively. With the numbering, it would be extremely difficult for those who are good in the sleight of hand, to make any page suddenly disapper during eligibility check/preliminary examination. The rationale for the initialing is the opposite, pages with no initials are those which suddenly appear, as if by magic.

Sir RDV and Sunriser431,

I'm a bit confused of whose initial are you referring to. Nwei, it is my understanding of Section 11 ITB, that it requires the initial or signature of the bidder or his/her representative to appear on their bid, meaning on both technical and financial bid. The other bid docs in the checklist if original need not be "certified true copy" by the bidder, otherwise, any photocopied document should be stamped "certified true copy" and initialed by the bidder or his/her representative.

Further, in Section 29 of the IRR-A, all members of the BAC present in the bid opening is required to initial every page of the bid docs received as to ensure, what RDV is referring to, that no additional documents will be inserted after bid opening.

Hope this helps.
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Re: Re:Format and Signing of Bids

Post by sunriser431 on Sun Jun 07, 2009 6:34 pm

In the Checklist of Eligibility Requirements for the BAC Standard Form Number: SF-GOOD-07
"Class “B” Documents" the following documents required from the bidder.

1. Duly signed certification under oath that each of the documents submitted in satisfaction of the eligibility requirements is an authentic and original copy, or a true and faithful reproduction of the original, complete, and that all statementsand information provided therein are true and correct (SF-GOOD-19 "CERTIFICATE OF AUTHENTICITY")
2. xxxx
3. xxxx

Aside from initialing each and every page of the Bid Documents the bidder also ask to provide SF-GOOD-19 or Certificate of Authenticity. Smile
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Re: Re:Format and Signing of Bids

Post by riddler on Sun Jun 07, 2009 7:02 pm

sunriser431 wrote:In the Checklist of Eligibility Requirements for the BAC Standard Form Number: SF-GOOD-07
"Class “B” Documents" the following documents required from the bidder.

1. Duly signed certification under oath that each of the documents submitted in satisfaction of the eligibility requirements is an authentic and original copy, or a true and faithful reproduction of the original, complete, and that all statementsand information provided therein are true and correct (SF-GOOD-19 "CERTIFICATE OF AUTHENTICITY")
2. xxxx
3. xxxx

Aside from initialing each and every page of the Bid Documents the bidder also ask to provide SF-GOOD-19 or Certificate of Authenticity. Smile

I noted thatThe PBD, Section VIII(Forms and Qualifications) are not synchronized with the GPPB forms (RE: Bank Certificates, Form of Contract, Bid Forms, and others). I think the GPPB should adopt a single form for Goods, Infrastructures, Consultancy, and other services. Lastly, I hope that the GPPB should revised the PBDs vis-a-vis the new IRR.
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Re: Re:Format and Signing of Bids

Post by sunriser431 on Mon Jun 08, 2009 9:50 am

ruel t. wrote:
sunriser431 wrote:In the Checklist of Eligibility Requirements for the BAC Standard Form Number: SF-GOOD-07
"Class “B” Documents" the following documents required from the bidder.

1. Duly signed certification under oath that each of the documents submitted in satisfaction of the eligibility requirements is an authentic and original copy, or a true and faithful reproduction of the original, complete, and that all statementsand information provided therein are true and correct (SF-GOOD-19 "CERTIFICATE OF AUTHENTICITY")
2. xxxx
3. xxxx

Aside from initialing each and every page of the Bid Documents the bidder also ask to provide SF-GOOD-19 or Certificate of Authenticity. Smile

I noted thatThe PBD, Section VIII(Forms and Qualifications) are not synchronized with the GPPB forms (RE: Bank Certificates, Form of Contract, Bid Forms, and others). I think the GPPB should adopt a single form for Goods, Infrastructures, Consultancy, and other services. Lastly, I hope that the GPPB should revised the PBDs vis-a-vis the new IRR.


I think they are updating the Sample forms for GOODS, INFRASTRUCTURE AND CONSULTING SERVICES, I tried to visit their website this morning and tried to download sample forms its says Sample Forms are being updated. Very Happy
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