SEC Registration Certificate versus Certificate of Incorporation

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SEC Registration Certificate versus Certificate of Incorporation

Post by TalnaPj on Wed Oct 12, 2011 6:23 pm

Good day colleagues in the government service.

Our Bids and Awards Committee would like to seek your opinion on the following: "Does the bidder's submission of its Certificate of Incorporation produce the same effect as the submission of the SEC Registration Certificate?"

In one of our biddings, our BAC noticed one bidder submitting its company's Certificate of Incorporation instead of the required SEC Registration Certificate in compliance with the submission of Eligibility Documents. Our BAC decided to declare the bidder ineligible due to non-submission of the required SEC Registration Certificate and on the basis of the specific requirement of the instructions to bidders, to wit:

"12.1. a) Eligibility Documents

(i) Registration certificate from the Securities and Exchange Commission (SEC), Department of Trade and
Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives.
xxx."

Notwithstanding the specific requirement/s of the Procurement Law (RA 9184) and its Revised IRR, is the decision of our BAC correct in distinguishing between the Certificate of Incorporation with the SEC Registration Certificate?

Everyone's comment will be greatly appreciated.
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Re: SEC Registration Certificate versus Certificate of Incorporation

Post by mbdr on Thu Oct 13, 2011 5:40 pm

Gdpm TalnaPj . That bidder should submit what is required by the BAC which is the SEC Registration Certificate .............., DTI for sole proprietorship, or CDA for cooperatives ... (Section 23.1..i of Rule VIII of RA9184)

The Certificate of Incorporation is only one of the requirements to acquire the SEC Registration Certificate.

That bidder is non-complying with the requirements of the BAC and therefor the BAC has all the rights to declare him inelligible.

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Re: SEC Registration Certificate versus Certificate of Incorporation

Post by TalnaPj on Fri Oct 14, 2011 10:49 am

Thank you mbdr for the inputs.

I'm just wondering if the Certificate of Incorporation could be accepted because the SEC Registration number, which is also in the SEC Registration Certificate, is also present in the Certificate of Incorporation.

Likewise, in Section 23.1, a) (i) is the phrase "or any proof of such registration as stated in the Bidding Documents." This was actually in the Instructions to Bidders and the latter is part of the bidding documents.
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Re: SEC Registration Certificate versus Certificate of Incorporation

Post by barackiel on Fri Sep 18, 2015 5:53 am

Posted by other bidder through this link
http://gppb.topicsolutions.net/t3352-is-the-certificate-of-amendment-of-article-of-incorporation-in-lieu-of-the-original-certificate-of-registration-is-sufficient-for-eligibility-requirement?highlight=SEC+amended+article+of+incorporation

The SEC Registration Certificate is defined as any certificate issued by the Securities and Exchange Commission attesting to the registration of the prospective bidder, such as Certificate of Registration or Certificate of Filing of Amended Articles of Incorporation and/or By-Laws. The procuring entity is correct for passing the bidder as such. The BAC should have checked the original certificate of amendment of article of incorporation and by law during the post-qualification stage.

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