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Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

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Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by kruger on Tue Jun 02, 2009 8:09 am

Hi,

Can the following situation satisfy the subject requirement?

1. ABC = 100,000,000.00

2. Prospective Bidder X submitted:
a. Contract Y = 30,000,000.00
B. Supplemental 1 = 25,000,000.00
c. Supplemental 2 = 15,000,000.00
d. Total for Contract Y & its two Supplements = 70,000,000.00

3. Prospective Bidder X argues that since the total is more than 50% of the ABC, he should be found complying with the requirement.

Thanks!
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Tue Jun 02, 2009 11:52 am

If you aggregate the 3 (three) contracts, definitely the total cost is more than 50% of the ABC. But the question is: can you total the 3 contracts?

The requirement is a Single Largest Completed Contract. You will have to prove that supplemental 1 and 2 are part of a "single" contract.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by riddler on Tue Jun 02, 2009 2:57 pm

Actually i have shared my ideas on this matter RDV, parang humina na ata itong processing d2 sa forum. sa ipa upgrade naman ng gppb.

As with regards to Contract Y and supps 1 & 2, the project must be contiguous first before we can declare it as a largest single contract.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by cgga91 on Tue Jun 02, 2009 6:19 pm

The situation is acceptable since both supplemental agreements are the product of the original contract.

What is worthy to note is that the total of both supplemental is already more than the original contract. This situation I think could not have been made with the current RA 9184 and most probably had been made possible through the old procurement rules and regulation (P.D. something)

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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by engrjhez® on Tue Jun 02, 2009 8:28 pm

kruger,

please verify if this (assumption) is correct:
cgga91 wrote:The situation is acceptable since both supplemental agreements are the product of the original contract.
because in LGUs, we take supplemental differently (as to the nature of funds and does not necessarily to a particular contract). We call that kind of "supplemental" as phase 2, 3... and so on. Very Happy
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by boyapache on Sat Feb 05, 2011 8:51 pm

I have a new licence, the largest single contract was 860 thousand,
from what i understand sa largest single contract, i can only bid on 1.5 m and
it should be similar. kung wala pa akong nagagawang proj. e pwede a cap ng lisensya ko di ko maintindihan. please advice mga kasama!

If i dont have any completed project I am allowed to bid on my limit which is 15m or half of it, since i have a new license and i have completed 860k will it prevent me from bidding on 6m project?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Tue Feb 08, 2011 2:24 pm

boyapache wrote:I have a new licence, the largest single contract was 860 thousand,
from what i understand sa largest single contract, i can only bid on 1.5 m and
it should be similar. kung wala pa akong nagagawang proj. e pwede a cap ng lisensya ko di ko maintindihan. please advice mga kasama!

If i dont have any completed project I am allowed to bid on my limit which is 15m or half of it, since i have a new license and i have completed 860k will it prevent me from bidding on 6m project?

If you do not have any completed project, then you cannot satisfy the requirements for experience before you could be eligible to participate in the bidding process, which are: (1) at least a single completed contract; (2) that completed contract should be similar to the contract that is being bidded out; (3) that completed contract should have been completed within the period of 10 years from date of advertisement (which means if the bidding is February 2011, it should have been completed not earlier than February 2001); and (4) the value of that completed contract, adjusted to current prices, should at least be equal to 50% of the ABC of the contract to be bid.

In short, you are disqualified from participating even if your limit, per your newly acquired license, is P15 million. Lacking the required experience, what you can do is enter into a joint venture with a company which possess the required experience.
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On Joint Venture

Post by rodge1109 on Tue Feb 08, 2011 3:46 pm

Follow up question, for a Joint Venture Project, is it counted as COMPLETED PROJECT for both companies?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Tue Feb 08, 2011 5:46 pm

rodge1109 wrote:Follow up question, for a Joint Venture Project, is it counted as COMPLETED PROJECT for both companies?

If a project is undertaken under a Joint Venture Agreement (JVA), that project will be a completed project by the joint venture company and not by the individual members of the joint venture company. However, if one of the companies, which originally formed the JV eventually participated in another bidding by the government, on its own and not as a member of another joint venture, the said completed project should be included in the Statement of Completed, Ongoing, and Awarded Projects with the indication that it was completed as a joint venture project so that the procuring entity is aware of the role of the said company in the said joint venture project.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by edprintshoppe on Fri Jul 15, 2011 9:18 am

Greetings. . . . would like to raise some issues on JVA, how would likely be considered the JVA completed projects(10M) if an individual will use it on completed projects on some intent to bid? on what magnitude it would be rated by the BAC/PE? Would that be considered as 10M or 5M na lang kasi JV and undertaking dati?

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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Fri Jul 15, 2011 9:23 am

edprintshoppe wrote:Greetings. . . . would like to raise some issues on JVA, how would likely be considered the JVA completed projects(10M) if an individual will use it on completed projects on some intent to bid? on what magnitude it would be rated by the BAC/PE? Would that be considered as 10M or 5M na lang kasi JV and undertaking dati?

The total cost of the project (P10M) by the individual member of the JV can already be considered as part of the technical experience of the JV, provided it is similar to the contract to be bid and completed within the period prescribed in the bidding document. In the case of JV compliance by anyone of the JV partners on the technical and financial requirements is already considered as compliance by the entire JV.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by edprintshoppe on Fri Jul 15, 2011 9:39 am

Further. . . . what protection does the law we have for LOCAL BIDDERS if the ABC is 20M and obviously, no local bidder can participate on the bid because of the Single largest requirements of 25% of ABC, though local bidders have the potential to implement the works(printing/reproduction of booklets). which could be observed in Pre-bid, only National Bidder, big big company only participated. How can the issue be raise in the pre-bid when only those who buy tender can attend the pre-bid/ hindering the small ones to be heard their sentiments when obviously they can tackle/execute the contract if given equal opportunity to bid. Would their be ways to lower the single contract requirements? who to approach and How? A point we raise to give equal opportunity on those who have track record/potentials but deprived by the governing provision. LOCAL BIDDER/COMPETITIVE BIDDING have been at stake. . . please advice WHAT TO DO. . .THANKS

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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by edprintshoppe on Fri Jul 15, 2011 3:10 pm

ESPECIALLY IF THE ABC was evaluated by the locals TOO BLOATED. . . of which if the real possible ABC was use. . . . .lots of the local can be given the EQUAL opportunity to Bid. . . . .. even applying the governing rules of IRR-A of RA9184. . . . HOW THIS THINGS BE CORRECTED AND WHO TO APPROACH?

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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Sat Dec 10, 2011 10:35 pm

can the procuring entity altogether waive the 3 years in existence requirement of bidders in unusual procurement?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Sat Dec 10, 2011 11:21 pm

can the procuring entity altogether waive three years in existence requirement of bidders in novel or unusual procurement? In the requirement of three year in existence of company bidders,will it include it's international status? meaning already incorporated abroad for ten years?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Sat Dec 10, 2011 11:23 pm

can the procuring entity altogether waive three years in existence requirement of bidders in novel or unusual procurement? In the requirement of three year in existence of company bidders,will it include it's international status? meaning already incorporated abroad for ten years?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by engrjhez® on Sun Dec 11, 2011 12:55 pm

brunomars wrote:can the procuring entity altogether waive three years in existence requirement of bidders in novel or unusual procurement? In the requirement of three year in existence of company bidders,will it include it's international status? meaning already incorporated abroad for ten years?

If it is Procurement of Goods, the Procuring Entity is the one who determines the "relevant period" for the purposes of qualifying the single largest completed contract.

For infrastructure projects, the relevant period is fixed to 10 years. Smile
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Sun Dec 11, 2011 1:21 pm

brunomars wrote:can the procuring entity altogether waive three years in existence requirement of bidders in novel or unusual procurement? In the requirement of three year in existence of company bidders,will it include it's international status? meaning already incorporated abroad for ten years?

This is procurement of Goods.

If the procuring entity has already set three (3) years as the relevant period of the allowable experience of an eligible bidder, it could no longer waive that period, even for 'novel' or 'unusual' procurement.

If foreign bidders or foreign entity are allowed to participate, the experience of that foreign bidder/entity under its 'international status' shall be considered, but only the experience in the last 3 years (as prescribed by the procuring entity) and experience earlier than 3 years shall no longer be considered.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Wed Dec 14, 2011 1:20 pm

In competitive public bidding, there are 8 prospective bidders, 7 with 2011 mayor's permit as specified under Class A eligibility documents. I dont have any mayor's permit. What I have is a certificate of registration from EPZA. Can I submit my said certification in lieu of mayor's permit?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Wed Dec 14, 2011 1:23 pm

What if the surety bond has no dry seal but all the relevant signatures, figures, and dates are complete? Will this be subject to disqualification in the eligibility stage?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Wed Dec 14, 2011 1:33 pm

brunomars wrote:In competitive public bidding, there are 8 prospective bidders, 7 with 2011 mayor's permit as specified under Class A eligibility documents. I dont have any mayor's permit. What I have is a certificate of registration from EPZA. Can I submit my said certification in lieu of mayor's permit?

Are those registered with EPZA exempted from getting Mayor's permit from the LGU where EPZA is located? If not, then you should have a Mayor's permit and a certificate of registration from EPZA could not replace the requirement.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Wed Dec 14, 2011 3:04 pm

Is there any other document that could replace the mayor's permit to comply with Class A eligibility requirement?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Wed Dec 14, 2011 3:12 pm

Is there any other document that can replace the mayor's permit in class A eligibility requirements?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Wed Dec 14, 2011 3:23 pm

Is it necessary that the Credit Line Certificate be machine validated by the insuring bank where in fact its already approved and committed?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Wed Dec 14, 2011 3:46 pm

brunomars wrote:Is there any other document that can replace the mayor's permit in class A eligibility requirements?

If you are a foreign entity, the equivalent document of a Mayor's permit in the country where you are registered. If it is in a foreign language, it has to be accompanied by a translation by the embassy or consulate of your country in the Philippines.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

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