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

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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 3:49 pm

brunomars wrote:Is it necessary that the Credit Line Certificate be machine validated by the insuring bank where in fact its already approved and committed?

For purposes of bidding, I don't think the commitment needs to be machine validated because what is required only is a commitment to give a credit line. The actual credit line will only be required during contract signing.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by engrjhez® on Wed Dec 14, 2011 4:26 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?

I don't think anyone is exempted in securing Mayor's Permit for Business if they are local business firms. I believe this has already been researched before by the GPPB that is why it is part of the mandatory class A documents. Smile
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Fri Dec 16, 2011 10:35 am

In competitive public bidding for goods, what is the significance of classifying eligibility requirements as Class A documents? Why are they called Class A documents?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by engrjhez® on Fri Dec 16, 2011 10:49 am

brunomars wrote:In competitive public bidding for goods, what is the significance of classifying eligibility requirements as Class A documents? Why are they called Class A documents?

Under the principle of competitiveness* under RA 9184, equal opportunity is given only for all eligible and qualified bidders. To be eligible, you must have the minimum requirements required to transact any legal business in the Philippines and it pertains to Class A Eligibility Requirements. Class A is mandatory, while Class B is optional, where applicable. During Post Qual, you will be required to submit Class A qualification documents.

*Competitiveness by extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in public bidding. (Sec.3.b)
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Fri Dec 16, 2011 3:28 pm

In the case of an unusual or novel procurement wherein only one company can comply with the required single largest contract, are we eligible to participate considering we have been in that kind of business for more than 3 years and our foreign manufacturer has been in the business for more than 10 years? If we include the financial status of our foreign manufacturer, we can certainly comply with the required 50% single largest contract of the ABC?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Sat Dec 17, 2011 11:25 am

brunomars wrote:In the case of an unusual or novel procurement wherein only one company can comply with the required single largest contract, are we eligible to participate considering we have been in that kind of business for more than 3 years and our foreign manufacturer has been in the business for more than 10 years? If we include the financial status of our foreign manufacturer, we can certainly comply with the required 50% single largest contract of the ABC?

In that case, you and your foreign partner may participate instead as a Joint Venture. The experience and financial capability of your foreign manufacturer can be considered, but the latter has to submit still the equivalent of SEC/DTI registration and Mayor's Permit he secured in his own country to be submitted as part of the technical documents of the Joint venture.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Sat Dec 17, 2011 3:12 pm

If we are authorized to represent the foreign manufacturer in this country, can we include the financial status of our foreign manufacturer so we can comply with the required 50% single largest contract of the ABC in case of novel or unusual procurement? This is also considering that we have been in the business for less than the required period of the procuring entity.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by RDV @ GP3i on Sat Dec 17, 2011 6:54 pm

brunomars wrote:If we are authorized to represent the foreign manufacturer in this country, can we include the financial status of our foreign manufacturer so we can comply with the required 50% single largest contract of the ABC in case of novel or unusual procurement? This is also considering that we have been in the business for less than the required period of the procuring entity.

No, you will not be authorized to do that. You really need to enter into a JVA with your foreign partner. By the way, you have been mentioning the foreign entity as 'foreign manufacturer'. If it is infra, what is the nature of his experience? If his completed contract is manufacturing, I don't think it will satisfy the requirement of 'single completed contract that is similar to the contract to be bid' because manufacturing is not similar to construction. If that is the case, I don't think you can use his experience, even if you enter into a JVA with him, because it is not similar to construction contracts.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Sat Dec 17, 2011 7:57 pm

Thank you Sir RDV.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Sat Dec 17, 2011 9:15 pm

How long should it take for the BAC to determine the winning bid? If it takes longer than prescribed then what can happen?
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by Jovinal on Sat Dec 17, 2011 9:24 pm

113 CD for ABC 50M and below and 144 cd for ABC above 50M.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by engrjhez® on Wed Dec 21, 2011 9:31 am

brunomars wrote:How long should it take for the BAC to determine the winning bid? If it takes longer than prescribed then what can happen?

The HOPE may declare failure of bidding should the BAC failed to follow the prescribed bidding procedures. Smile
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Wed Dec 21, 2011 12:40 pm

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

Post by jcolas on Wed Dec 21, 2011 8:00 pm

"brunomars wrote"

How long should it take for the BAC to determine the winning bid? If it takes longer than prescribed then what can happen
It all depends on the circumstances. Under Section 65 of the IRR of RA 9184,
deelaying, without justifiable cause, the screening for eligibility, opening of bids,
evaluation and post evaluation of bids, and awarding of contracts beyond the
prescribed periods of action provided for in this IRR can be a ground for any party of interest to sue the BAC. The BAC can be sued also under Section 5 of RA 6713 for failure to act with dispatch any government transaction. In short, if the delay is unjustified, then the BAC has to suffer the consequence.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by Jovinal on Wed Dec 21, 2011 8:15 pm

I agree with Sir Jcolas.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by jcolas on Thu Dec 22, 2011 8:20 am

"brunomars wrote"

How long should it take for the BAC to determine the winning bid? If it takes longer than prescribed then what can happen

:Jovinal wrote:

I agree with Sir Jcolas..

Thank you Sir Jovinal. I also believe that under Tort Law, the BAC can be charge of Non-Feasance which is defined as the inaction which results in harm to a person or to property. I hope a lawyer can come in and discuss the topic fully well because I know of Bids and Awards Committe who does not act on procurement at the specified time due to apprehensions or simply, they do not know what to do.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by Jovinal on Thu Dec 22, 2011 10:56 am

That 's true SIR
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by brunomars on Mon Dec 26, 2011 12:43 am

Thanks for all the comments. I am glad that there is something we can do in case the BAC fails to follow the procedures based on the law.
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by jcolas on Tue Dec 27, 2011 12:08 pm

The GPRA is now in its 8 years of existence but the fact remains that many of the members of the Bids and Awards Committee do not still possess a workmans' understanding of the law. This sometimes result in the snail paced procurement which sometimes result to the fund being reverted. This ineffectiveness of the BAC sometimes result also to decisions which puts the BAC in hotwater. How to address this problem is one of the things the GPPB should look into come 2012...
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Re: Largest Single Completed Contract Similar In Nature To The Contract To Be Bid

Post by Jovinal on Tue Dec 27, 2011 1:30 pm

I agree with you SIR Jcolas
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