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Modification of technical specification

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Modification of technical specification

Post by alfredvargas on Thu Oct 13, 2011 5:09 pm

Good day. I hope you can help us on this. We have a scheduled bidding this month but we postponed the pre-bid conference a day before because we have some discussions we cannot resolve pertaining to the specification of the equipment. We posted in philgeps the approved standard technical specification by the NAPOLCOM together with the additional features being required by the end-user. All items to be procured by the PNP should have an approved NAPOLCOM specification, however, some of these approved technical specifications are already out-dated and it will take several months or years in order for NAPOLCOM to approve the new specifications. The additional features we posted in philgeps are improved version of the equipment due to technological advancement. However, the additional features are over and above the approved NAPOLCOM specifications which might be questioned. Can we cancel our invitation to bid in order for us to downgrade the specifications back to the original approved NAPOLCOM specifications? What are the legal remedies we should undertake so that we can post the Invitation to Bid with corrected specifications? Thank you very much.

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Re: Modification of technical specification

Post by RDV @ GP3i on Fri Oct 14, 2011 7:07 am

alfredvargas wrote:Good day. I hope you can help us on this. We have a scheduled bidding this month but we postponed the pre-bid conference a day before because we have some discussions we cannot resolve pertaining to the specification of the equipment. We posted in philgeps the approved standard technical specification by the NAPOLCOM together with the additional features being required by the end-user. All items to be procured by the PNP should have an approved NAPOLCOM specification, however, some of these approved technical specifications are already out-dated and it will take several months or years in order for NAPOLCOM to approve the new specifications. The additional features we posted in philgeps are improved version of the equipment due to technological advancement. However, the additional features are over and above the approved NAPOLCOM specifications which might be questioned. Can we cancel our invitation to bid in order for us to downgrade the specifications back to the original approved NAPOLCOM specifications? What are the legal remedies we should undertake so that we can post the Invitation to Bid with corrected specifications? Thank you very much.

The easy way, since you have already posted the invitation and advertised in newspaper (i suppose, if ABC is more than P2M), then the BAC needs only to issue a Supplemental Bulletin changing the specifications of the items to be procured, together with moving the pre-bid conference and deadline for bid submission/opening of bid to some later dates. That would already be in compliance with the provisions of RA 9184 and the IRR.

However, going back to the specifications. If the specifications indicated in the invitation incorporates the latest technological advancements to make them improved versions of the equipment and is the one preferred by the end-user, but is not yet approved by the NAPOLCOM, which is a requirement, why revert back to the approved specifications by the NAPOLCOM if that is already out-dated? I don't think you should proceed with the procurement because it would just be included among the wasteful procurements by the PNP (sorry to say that.)

I don't know why it would take NAPOLCOM months or years to approve your specifications, but if it is already a given and you are already aware of that, your procurement planning should be strengthened and should already factor that variable in. Proceeding with the procurement of a NAPOLCOM-approved specifications which are already outdated would just be a waste of limited government funds. The equipment that you will procure will just be included among those equipment that the PNP procured but could not utilize.
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