Latest topics
» No Objection Letter
Yesterday at 5:21 pm by zeph03

» CATERING SERVICES FOR CONGRESSIONAL MEET AT SAGBAYAN, BOHOL
Thu Dec 14, 2017 7:14 pm by btorres4

» PURCHASE OF FERTILIZERS FOR LIVESTOCK, CORN, HVCDP, INLAND FISHERY, AND ORGANIC PROGRAM
Thu Dec 14, 2017 4:35 pm by btorres4

» Newspaper Publication
Thu Dec 14, 2017 4:10 pm by btorres4

» RENTAL OF LIGHTS AND SOUND SYSTEM
Thu Dec 14, 2017 3:46 pm by btorres4

» Newspaper Publication
Wed Dec 13, 2017 9:50 pm by btorres4

» PURCHASE OF OTHER SUPPLIES FOR SB OFFICE
Wed Dec 13, 2017 4:51 pm by btorres4

» PURCHASE OF RICE FOR FOOD SUPPLIES OF PEACE & ORDER CAMPAIGN
Wed Dec 13, 2017 3:19 pm by btorres4

» Expired Tax Clearance during payment
Wed Dec 13, 2017 3:11 pm by vallemaco6224

» PURCHASE OF MEDICINE FOR MHO
Wed Dec 13, 2017 2:53 pm by btorres4


DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

View previous topic View next topic Go down

DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by leighzapanta on Wed Oct 12, 2011 2:18 pm

We joined a tender and was subject for disqualification when our financial proposal was opened because it lacks table of contents, pagination and tab?

tated in the BDS was " 20.3 Each Bidder shall submit one (1) set original and two (2) sets copies of the
first and second components of its bid.
Note:
Each set of documents SHALL BE paginated, initialed, with table of
contents, with index tab and SHALL BE place in each separately marked
envelope and will be package in one (1) marked big envelope.



ITB states:

20.3. The original and the number of copies of the Bid as indicated in the BDS shall
be typed or written in indelible ink and shall be signed by the bidder or its duly
authorized representative/s.

There are several items for bid.

We believe the BAC can verify our submitted financial proposals even without table of contents, by checking it with our submitted Technical Component, to further verify that we are offering prices on the same bid items we indicated on our initially submitted first component (technical component) of our bid.

The financial components normally has a minimal number of pages and certainly would not require a table of contents, compared with the technical components. We believe this very minor infraction do not merit disqualification as price and technical speicifcations should be given more priority.

Kindly advise.


leighzapanta
New Member
New Member

Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

Back to top Go down

Re: DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by RDV @ GP3i on Wed Oct 12, 2011 4:08 pm

leighzapanta wrote:We joined a tender and was subject for disqualification when our financial proposal was opened because it lacks table of contents, pagination and tab?

tated in the BDS was " 20.3 Each Bidder shall submit one (1) set original and two (2) sets copies of the
first and second components of its bid.
Note:
Each set of documents SHALL BE paginated, initialed, with table of
contents, with index tab and SHALL BE place in each separately marked
envelope and will be package in one (1) marked big envelope.



ITB states:

20.3. The original and the number of copies of the Bid as indicated in the BDS shall
be typed or written in indelible ink and shall be signed by the bidder or its duly
authorized representative/s.

There are several items for bid.

We believe the BAC can verify our submitted financial proposals even without table of contents, by checking it with our submitted Technical Component, to further verify that we are offering prices on the same bid items we indicated on our initially submitted first component (technical component) of our bid.

The financial components normally has a minimal number of pages and certainly would not require a table of contents, compared with the technical components. We believe this very minor infraction do not merit disqualification as price and technical speicifcations should be given more priority.

Kindly advise.


The only advise I can give you is read the instructions carefully and, as much as possible, follow them. If it was also required in the first envelope and you complied with it, then why did you not comply with it in your 2nd envelope? If you think the requirement is irrelevant or absurd, you have the opportunity to raise them during the pre-bid conference or request for a clarification at least 10 calendar days before the deadline for submission.

The next advise I can give is: If the time for filing a request for reconsideration has not yet lapsed (within 3 c.d. from receipt of verbal or written notification), then, file a request for reconsideration with the BAC.

I agree with you that those tabs, table of contents, and paginations are required merely to aid the members of the BAC. Unless they have other reasons for that, such as to ensure "the integrity, security and confidentiality of all submitted bids" (Sec. 29, IRR), it should not be a sound basis for disqualifying a bidder. I also hardly see anything in the requirement that would satisfy that provision. Those tabs, pagination, and table of contents are not part of the requirements for purposes of determining eligibility of the bidders, using the pass-fail criteria. To me, those are just whimsical requirements that should not be the basis for the disqualification because it deprives the government/procuring entity of the opportunity to get the most advantageous price. Your basis for disqualification should be still that pass-fail criteria on the required documents, on the substantive part of the requirements, and not on some other requirements which are not substantive to the requirement of the procuring entity.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by leighzapanta on Wed Oct 12, 2011 4:32 pm

The tender was opened today, and we immediately filed and sent our motion for consideration. The BAC accepted our documents again this afternoon.

It was discussed at the pre-bid conference , but it was not stated in their issued bid bulletin also no written notice was given that those who will not comply will be disqualified.


leighzapanta
New Member
New Member

Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

Back to top Go down

Re: DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by leighzapanta on Wed Oct 26, 2011 5:54 pm

We have not received any response from the BAC within the specified seven days to response in accordance with RA 9184.. we are informed informally when we call them up that our motion is denied and we can pick up a copy of their resolution at their office and also to pick up our documents.

It is the Reposnsibilty of the BAC to ensure that their response should be received by the bidder isn't it?...

Hindi po ba ito parang sinadya to avoid receiving any counter response from us?




leighzapanta
New Member
New Member

Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

Back to top Go down

Re: DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by RDV @ GP3i on Sat Oct 29, 2011 6:33 pm

leighzapanta wrote:We have not received any response from the BAC within the specified seven days to response in accordance with RA 9184.. we are informed informally when we call them up that our motion is denied and we can pick up a copy of their resolution at their office and also to pick up our documents.

It is the Reposnsibilty of the BAC to ensure that their response should be received by the bidder isn't it?...

Hindi po ba ito parang sinadya to avoid receiving any counter response from us?


If the BAC made a resolution denying your request but deliberately did not send it to you, then it could only mean that you cannot file a Protest against the said BAC decision. The action of the BAC is even to its disadvantaged because the BAC has just deprived you of your administrative remedy which is to file a Protest. Of course, if you file a Protest, the requirements for a valid protest is that: a)it should be filed with the HOPE; b) it should be in a verified position paper; and c) it should be accompanied by a non-refundable protest fee of 1% of the ABC.

In effect, the BAC has deprived you of the administrative remedy (of Protest) available to you under RA 9184. You may then avail yourself of whatever legal remedy is available to you. The BAC's defense in case you do that is that you should have exhausted first your administrative remedies and therefore the court has no jurisdiction over your case yet. But, of course, your counter argument is that the BAC has deprived you of the administrative remedies available to you and, hence, you have no other remedy but to seek redress with the courts. You can cite the case of Infotech vs. COMELEC, as a jurisprudence, to help you in your case.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by Recks1925 on Wed Nov 09, 2011 4:33 pm

This matter concerning additional requirements by the PE (such as tabs etc) and described as whimsical indeed bear less concern as compared to major requirements such as specs and price,however, these can helpful in evaluation, ranking or post qualification processes.

If these were to be added to the requirement with clear note that failure to comlpy will result to DQ, do the bidders still have valid reason to file complaint about this in case of non-compliance specifically on the financial component where tabs and table of content are considered immaterial.
avatar
Recks1925
Active Poster
Active Poster

Male Number of posts : 71
Age : 44
Company/Agency : PostalBank
Occupation/Designation : Div Head - EMD
Registration date : 2011-11-02

http://www.postalbank.gov.ph

Back to top Go down

Re: DISQUALIFICATION DUE TO SECOND COMPONENT OF BID WITHOUT TABLE OF CONTENTS / PAGINATED

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum