PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

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PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by cuteangels on Tue Sep 20, 2011 1:29 pm


During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.

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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by sunriser431 on Tue Sep 20, 2011 10:46 pm

cuteangels wrote:
During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.
Hi " cuteangels" welcome to the forum, have you tried to browse the GPM manual in pages 61 titled " Methodology: How are the eligibility and bid envelopes opened? ". I believe the procedures and guides are very well explained. once again its nice to have COAns participating here. bounce
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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by cuteangels on Wed Sep 21, 2011 1:15 pm

sunriser431 wrote:
cuteangels wrote:
During the conduct of bid opening, one bidder was declared ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.
Hi " cuteangels" welcome to the forum, have you tried to browse the GPM manual in pages 61 titled " Methodology: How are the eligibility and bid envelopes opened? ". I believe the procedures and guides are very well explained. once again its nice to have COAns participating here. bounce
Thanks for the warm welcome..I am still new to this forum and I enjoyed a lot reading various posts. I already attended the training on RA 9184, but I admit, there are still a lot of things in the guidelines which are not so clear to me considering that interpretations of some guidelines may vary. By the way, thanks for your reply. Just able to download the GPM manual and I found it very detailed and informative. It will surely help me in performing my assigned tasks. More power to all the posters!


Last edited by cuteangels on Wed Sep 21, 2011 1:16 pm; edited 1 time in total (Reason for editing : wrong spelling)

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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by RDV @ GP3i on Thu Sep 22, 2011 10:52 pm

cuteangels wrote:
During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.

Provided the notification to the previously declared eligible/qualified bidders were received by them, if during the opening of the bid of the previously declared ineligible/disqualified bidder only that bidder was present, there is no reason for the BAC to postpone the opening of the said bid. Of course, it is assumed that there is a quorum for the BAC to be able to conduct the bid opening, the Observers were also invited in writing and received by them at least 3 c.d. before the bid opening, and minutes of said bid opening are also prepared and made available.
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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by cuteangels on Fri Sep 23, 2011 12:54 pm

RDV @ GP3i wrote:
cuteangels wrote:
During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.

Provided the notification to the previously declared eligible/qualified bidders were received by them, if during the opening of the bid of the previously declared ineligible/disqualified bidder only that bidder was present, there is no reason for the BAC to postpone the opening of the said bid. Of course, it is assumed that there is a quorum for the BAC to be able to conduct the bid opening, the Observers were also invited in writing and received by them at least 3 c.d. before the bid opening, and minutes of said bid opening are also prepared and made available.

Ok sir..thanks for the added inputs. You made mention of "Provided the notification to the previously declared eligible/qualified bidders were received by them..may i know if the notification sent thru LBC valid and can be considered received, since none of the qualified bidders confirmed the receipt of the said notification and that the BAC did not also receive any notice from them that they could not attend? Can they deny the receipt and make it as a reasonable ground for any protest against the decisions of the BAC?

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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by RDV @ GP3i on Fri Sep 23, 2011 2:26 pm

cuteangels wrote:
RDV @ GP3i wrote:
cuteangels wrote:
During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.

Provided the notification to the previously declared eligible/qualified bidders were received by them, if during the opening of the bid of the previously declared ineligible/disqualified bidder only that bidder was present, there is no reason for the BAC to postpone the opening of the said bid. Of course, it is assumed that there is a quorum for the BAC to be able to conduct the bid opening, the Observers were also invited in writing and received by them at least 3 c.d. before the bid opening, and minutes of said bid opening are also prepared and made available.

Ok sir..thanks for the added inputs. You made mention of "Provided the notification to the previously declared eligible/qualified bidders were received by them..may i know if the notification sent thru LBC valid and can be considered received, since none of the qualified bidders confirmed the receipt of the said notification and that the BAC did not also receive any notice from them that they could not attend? Can they deny the receipt and make it as a reasonable ground for any protest against the decisions of the BAC?

While notification thru LBC is valid, it is important that you should have evidence of receipt because it is always possible that the bidders could deny receiving said notification, which, yes, could be ground for them to ask that the bidding process be nullified. Btw, before the bidder could file a Protest with the HOPE against the BAC's action, it has to file a request for reconsideration first with the BAC.
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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by engrjhez® on Fri Sep 23, 2011 4:00 pm

cuteangels wrote:
During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.

Please allow me to clarify this. Does this mean the RFR is received after 3 c.d. upon notification that they are ineligible? Because if this is the case, the BAC should simply DENY the motion due to technicality regardless of the issue raised (whatever it is).
55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
filing a request for reconsideration within the three (3) calendar days upon receipt of
written notice or upon verbal notification
. The BAC shall decide on the request for
reconsideration within seven (7) calendar days from receipt thereof.
Smile
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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by cuteangels on Mon Sep 26, 2011 12:20 pm

engrjhez® wrote:
cuteangels wrote:
During the conduct of bid opening, one bidder was declaired ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.

Please allow me to clarify this. Does this mean the RFR is received after 3 c.d. upon notification that they are ineligible? Because if this is the case, the BAC should simply DENY the motion due to technicality regardless of the issue raised (whatever it is).
55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
filing a request for reconsideration within the three (3) calendar days upon receipt of
written notice or upon verbal notification
. The BAC shall decide on the request for
reconsideration within seven (7) calendar days from receipt thereof.
Smile

Hi sir..good day! am sorry..i mistakenly wrote it..the RFR was actually received within 3 c.d. upon verbal notification during the bid opening. Thanks..

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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by engrjhez® on Wed Sep 28, 2011 11:12 pm

cuteangels wrote:
Hi sir..good day! am sorry..i mistakenly wrote it..the RFR was actually received within 3 c.d. upon verbal notification during the bid opening. Thanks..

If that is the case, then I believe RDV has already answered your query. In addition, I believe LBC or any courier has a copy of that as received by the recipient and it may be requested and obtained just in case. Smile
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Re: PRESENCE OF QUALIFIED BIDDERS DURING BID OPENING

Post by sunriser431 on Thu Sep 29, 2011 11:31 am

cuteangels wrote:
sunriser431 wrote:
cuteangels wrote:
During the conduct of bid opening, one bidder was declared ineligible due to failure to submit one of the eligibility requirements. The said ineligible bidder informed the committee that they are going to file a request for reconsideration which was then later received by the committee after 3 days. After a judicious study of the grounds relied by the prospective bidder, the request was granted and a resolution was issued to that effect. All other qualified bidders were then informed by sending notification thru LBC that the request made by ineligible bidder was considered and that they are requesting their presence during the scheduled date of bid opening of the previously declared ineligible bidder. However, during the scheduled date, only the previously declared ineligible bidder was present. Please take note that the bids of other qualified bidders were already opened during the first bid opening. In this regard, is it correct that the said opening be postponed due to absence of other qualified bidders? The BAC were just trying to be safe from any legal actions that the other bidders would possibly do against them in the future. Please clarify..Thanks.
Hi " cuteangels" welcome to the forum, have you tried to browse the GPM manual in pages 61 titled " Methodology: How are the eligibility and bid envelopes opened? ". I believe the procedures and guides are very well explained. once again its nice to have COAns participating here. bounce
Thanks for the warm welcome..I am still new to this forum and I enjoyed a lot reading various posts. I already attended the training on RA 9184, but I admit, there are still a lot of things in the guidelines which are not so clear to me considering that interpretations of some guidelines may vary. By the way, thanks for your reply. Just able to download the GPM manual and I found it very detailed and informative. It will surely help me in performing my assigned tasks. More power to all the posters!
No problem "cuteangels", hopefully we'll hear more from you. Peace Smile
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