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RA 9184 /pass or failed criteria

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RA 9184 /pass or failed criteria

Post by rtabuga on Tue Oct 18, 2011 5:44 pm

good day sir/madame

I just would like to get your opinion regarding the implementation of the bidding process in the implementation of RA 9184:

Last Oct. 11,2011 9am, we attended the bidding at PHILHEALTH REGIONAL OFFICE VI for the procurements of office equipments(air curtain and airconditioning units).
During the opening of eligibility/technical documents,only 2 suppliers were found eligible including our company. The other supplier which did not submit the technical specification form and instead submitted/attached only the brochures of aircon was disqualified but was asked by the BAC to write a motion for reconsideration.The next day Oct. 12,the other supplier submitted their letter for reconsideration and last Oct. 14, the BAC UNANIMOUSLY accepted their motion for recon and set the opening of their Financial envelope this coming Oct,20 9am.
Is this valid ?
What action shall we do considering that our company had submitted the lowest bid compare to the other eligible bidder.
Thank you very much and GOD BLESS.

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Re: RA 9184 /pass or failed criteria

Post by RDV @ GP3i on Tue Oct 18, 2011 5:56 pm

rtabuga wrote:good day sir/madame

I just would like to get your opinion regarding the implementation of the bidding process in the implementation of RA 9184:

Last Oct. 11,2011 9am, we attended the bidding at PHILHEALTH REGIONAL OFFICE VI for the procurements of office equipments(air curtain and airconditioning units).
During the opening of eligibility/technical documents,only 2 suppliers were found eligible including our company. The other supplier which did not submit the technical specification form and instead submitted/attached only the brochures of aircon was disqualified but was asked by the BAC to write a motion for reconsideration.The next day Oct. 12,the other supplier submitted their letter for reconsideration and last Oct. 14, the BAC UNANIMOUSLY accepted their motion for recon and set the opening of their Financial envelope this coming Oct,20 9am.
Is this valid ?
What action shall we do considering that our company had submitted the lowest bid compare to the other eligible bidder.
Thank you very much and GOD BLESS.

Upon receipt of the notice from the BAC, for the opening on October 20 of the financial bid of the bidder which was previously disqualified, you have 3 calendar days to file a request for reconsideration also of the BAC's action reversing its previous disqualification.

If, as you mentioned, the first envelope of that bidder lacks one document (technical description form) which that bidder has to accomplish, then under the pass-fail criteria that bidder should rightfully be disqualified. It was the fault of that bidder in not including that requirement. If the required document is not present then the bidder has failed in that criteria and should be rightfully disqualified. The BAC should have no reason to reconsider unless it allowed the bidder to submit the requirement belatedly, but it is considered an improvement of its bid which, then again, is not allowed.

The submission of brochures should just be in support of its technical proposal submission, which should include the required form in which the bidder has to indicate if it is compliant or not to your technical requirements. The brochure will just be one of your basis for conducting post-qualification if that bidder is later on declared the Lowest Calculated Bidder.
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Re: RA 9184 /pass or failed criteria

Post by jcolas on Tue Oct 18, 2011 8:44 pm

"rtabuga wrote".

ood day sir/madame

I just would like to get your opinion regarding the implementation of the bidding process in the implementation of RA 9184:

Last Oct. 11,2011 9am, we attended the bidding at PHILHEALTH REGIONAL OFFICE VI for the procurements of office equipments(air curtain and airconditioning units).
During the opening of eligibility/technical documents,only 2 suppliers were found eligible including our company. The other supplier which did not submit the technical specification form and instead submitted/attached only the brochures of aircon was disqualified but was asked by the BAC to write a motion for reconsideration.The next day Oct. 12,the other supplier submitted their letter for reconsideration and last Oct. 14, the BAC UNANIMOUSLY accepted their motion for recon and set the opening of their Financial envelope this coming Oct,20 9am.
Is this valid ?
What action shall we do considering that our company had submitted the lowest bid compare to the other eligible bidder.
Thank you very much and GOD BLESS
.

Aside from the post of Sir RDV, I would like to categorically state that the BAC should not have granted the MR of the other bidder for the very reason that under Section II of the Philippine Bidding Document, a bidder shall not be granted the motion for reconsideration if it is established that the finding of failure is due to the fault of the bidder. In the instant case, it is very evident that the bidders' failure to submit the Technical Description Form has earned him the mark failed.
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Re: RA 9184 /pass or failed criteria

Post by sunriser431 on Tue Oct 18, 2011 11:03 pm

rtabuga wrote:good day sir/madame

I just would like to get your opinion regarding the implementation of the bidding process in the implementation of RA 9184:

Last Oct. 11,2011 9am, we attended the bidding at PHILHEALTH REGIONAL OFFICE VI for the procurements of office equipments(air curtain and airconditioning units).
During the opening of eligibility/technical documents,only 2 suppliers were found eligible including our company. The other supplier which did not submit the technical specification form and instead submitted/attached only the brochures of aircon was disqualified but was asked by the BAC to write a motion for reconsideration.The next day Oct. 12,the other supplier submitted their letter for reconsideration and last Oct. 14, the BAC UNANIMOUSLY accepted their motion for recon and set the opening of their Financial envelope this coming Oct,20 9am.
Is this valid ?
What action shall we do considering that our company had submitted the lowest bid compare to the other eligible bidder.Thank you very much and GOD BLESS.
Failure to follow the prescribe bidding procudure will be costly on part of the prospective bidders, keep us posted for updates. bounce
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Re: RA 9184 /pass or failed criteria

Post by rtabuga on Wed Oct 19, 2011 10:21 am

Sir RDV,sunriser431

Thanks a lot for the clear opinion re: my query.Regards and GOD BLESS

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Re: RA 9184 /pass or failed criteria

Post by rtabuga on Mon Oct 31, 2011 1:26 pm

Sir RDV,
Good day sir. last Oct. 18,2011 ; i inquired and got your opinion regarding the Pass/failed criteria in the bidding at PHILHEALTH REGION VI in which i wrote them a letter for reconsideration in their decision to grant the motion of other supplier who did not submit the TECHNICAL SPECIFICATION (comply). Attached herewith is their response to my letter:

Dear sir:
This pertains to the motion for reconsideration you filed last Oct. 20,2011 for the reversal of the BAC's decision in granting the motion for reconsideration of Emcor, Inc., as regards to the opening of Office Equipment per ITB No. 2011LFD-03.

This matter was deliberated by the BAC on Oct. 20,2011 wherein upon further evaluation of the issue at hand. The BAC resolved to deny your motion on the following grounds:

1. Your motion for reconsideration is not based on factual and legal grounds but is only anchored on an opinion based on a query which does not reflect the actual facts.
2. The BAC did not prescribe a specific format on the TECHNICAL SPECIFICATIONS.
3. Emcor submitted the production/delivery schedule and aftersales service which listed the item Aircurtain 36" Ceiling type.Said requirement is compliant considering that such requirements form part of the technical specifications.
4. Moreover, the item Aircurtain is included in the bid tender form and the offer of Emcor is lower than that of your company after the opening of the bid.

For your information and guidance.


LOURDES F. DIOCSON
Chairperson,BAC


sir RDV, i think their decision was a clear violation of the Implementing Rules and Regulations of R.A. 9184 but we, the supplier could do nothing if the BAC decide to deny our motion through their unanimous decision.
It is correct to say that IRR of R.A. 9184 HAS NO TEETH to grind these officials which favors other suppliers.

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Re: RA 9184 /pass or failed criteria

Post by sunriser431 on Tue Nov 01, 2011 4:12 pm

Observation only.
rtabuga wrote:
xxxx
Dear sir:
xxxx The BAC resolved to deny your motion on the following grounds:
1. xxxx
2. The BAC did not prescribe a specific format on the TECHNICAL SPECIFICATIONS.

Take note the reply of the BAC.
rtabuga wrote: 3. Emcor submitted the production/delivery schedule and aftersales service which listed the item Aircurtain 36" Ceiling type.Said requirement is compliant considering that such requirements form part of the technical specifications.
Later the BAC replied "xxxx such requirements form part of the technical specifications. "

rtabuga wrote:
4. Moreover, the item Aircurtain is included in the bid tender form and the offer of Emcor is lower than that of your company after the opening of the bid.
The data and facts presented will speaks for itself. bounce
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Re: RA 9184 /pass or failed criteria

Post by engrjhez® on Wed Nov 02, 2011 9:47 am

rtabuga wrote: Attached herewith is their response to my letter:

Dear sir:
This pertains to the motion for reconsideration you filed last Oct. 20,2011 for the reversal of the BAC's decision in granting the motion for reconsideration of Emcor, Inc., as regards to the opening of Office Equipment per ITB No. 2011LFD-03.

This matter was deliberated by the BAC on Oct. 20,2011 wherein upon further evaluation of the issue at hand. The BAC resolved to deny your motion on the following grounds:

1. Your motion for reconsideration is not based on factual and legal grounds but is only anchored on an opinion based on a query which does not reflect the actual facts.
2. The BAC did not prescribe a specific format on the TECHNICAL SPECIFICATIONS.
3. Emcor submitted the production/delivery schedule and aftersales service which listed the item Aircurtain 36" Ceiling type.Said requirement is compliant considering that such requirements form part of the technical specifications.
4. Moreover, the item Aircurtain is included in the bid tender form and the offer of Emcor is lower than that of your company after the opening of the bid.

For your information and guidance.


LOURDES F. DIOCSON
Chairperson,BAC

My take on the BAC's decision:

1. Factual or not, a motion for reconsideration is still legal if it has been filed within three (3) calendar days upon notification of result;
2. Does this mean they did not specify any Specs? There is a format for accomplishing "compliance to technical specs" in the PBDs;
3. If #2 is an admittance of the absence of required specs, how can anything be compliant to any specs?
4. Are we talking here of aircurtain alone? or is it part of a lot? It will depend on the requirement as cited in the Bidding Documents.

Kindly provide more detail of this case so we can give a more precise response. Smile
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Re: RA 9184 /pass or failed criteria

Post by rtabuga on Thu Nov 03, 2011 11:49 am

TO SIR ENGRJHEZ,

We filed our motion for reconsideration within prescribed period of three(3) days. And in their PBDs they specify to submit the following;

I. First Envelope

A. Technical Documents

1. Eligibility Requirements (Class A & B Documents) under Section 23 IRR of RA 9184

2. Bid Security in the prescribed form,amount and validity period

3. Technical specifications, which may include production/delivery schedule,manpower requirements, and/ or aftersales service/parts,if applicable; and

4. Sworn statement by the prospective bidder or its duly authorized representative in the form prescribed by the GPPB( OMNIBUS SWORN AFFIDAVIT)


II. Second Envelope

A. Financial Documents


The following item description were to be bid in LOT 1 OFFICE EQUIPMENTS

BIDDER'S TENDER FORM

AIR CURTAIN 36 " Ceiling Type with installation 2 LOTS

AIRCON SPLIT TYPE 1.5HP manual control,supply and
installation,materials and labor 2 UNITS

AIRCON SPLIT TYPE 3.0 Tr Ceiling mounted,supply &
installation,materials and labor 1 UNIT

AIRCON WINDOW TYPE 2.0 HP,without timer,supply
and installation,materials and labor 2 UNITS


GRAND TOTAL

Delivery Period:



For your evaluation and comment/ opinion.

thank you very much

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Re: RA 9184 /pass or failed criteria

Post by engrjhez® on Fri Nov 04, 2011 9:57 am

rtabuga wrote:
The following item description were to be bid in LOT 1 OFFICE EQUIPMENTS

BIDDER'S TENDER FORM

AIR CURTAIN 36 " Ceiling Type with installation 2 LOTS

AIRCON SPLIT TYPE 1.5HP manual control,supply and
installation,materials and labor 2 UNITS

AIRCON SPLIT TYPE 3.0 Tr Ceiling mounted,supply &
installation,materials and labor 1 UNIT

AIRCON WINDOW TYPE 2.0 HP,without timer,supply
and installation,materials and labor 2 UNITS


If I were to assume that this is their Technical Specification requirement, the proper way to comply on this is in this manner:


rtabuga wrote:
The following item description were to be bid in LOT 1 OFFICE EQUIPMENTS

BIDDER'S TENDER FORM

AIR CURTAIN 36 " Ceiling Type with installation...............................COMPLIED

AIRCON SPLIT TYPE 1.5HP manual control,supply and
installation,materials and labor.....................................................COMPLIED

AIRCON SPLIT TYPE 3.0 Tr Ceiling mounted,supply &
installation,materials and labor.....................................................COMPLIED

AIRCON WINDOW TYPE 2.0 HP,without timer,supply
and installation,materials and labor...............................................COMPLIED

Submission of a brochure is NOT a compliance as to the PASS/FAIL criteria as correctly pointed out by RDV. It may be submitted in addition to attest the compliance to the specs but brochure alone is not the proper way to do it.

The Procuring Entity must indicate the Schedule of Requirements (that would include) delivery requirements, quantity and budget for each item). If in absence of such, the bidder may fill it out but in no case shall it be a ground for DQ if it does not match the expectations of the PE. Example, the PE expects delivery within 7 days. But since they have not indicated it in the Schedule of Requirements, a bidder placing delivery within 15 days should be acceptable. Of course consideration must also be given if 7 days was implicitly placed in the PhilGEPS posting. But as a general rule, the PE must state its requirement, then the bidder complies. Smile

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Compliance Checklist

Post by Recks1925 on Wed Nov 09, 2011 3:58 pm

engrjhez® wrote:
rtabuga wrote:
The following item description were to be bid in LOT 1 OFFICE EQUIPMENTS

BIDDER'S TENDER FORM

AIR CURTAIN 36 " Ceiling Type with installation 2 LOTS

AIRCON SPLIT TYPE 1.5HP manual control,supply and
installation,materials and labor 2 UNITS

AIRCON SPLIT TYPE 3.0 Tr Ceiling mounted,supply &
installation,materials and labor 1 UNIT

AIRCON WINDOW TYPE 2.0 HP,without timer,supply
and installation,materials and labor 2 UNITS


If I were to assume that this is their Technical Specification requirement, the proper way to comply on this is in this manner:


rtabuga wrote:
The following item description were to be bid in LOT 1 OFFICE EQUIPMENTS

BIDDER'S TENDER FORM

AIR CURTAIN 36 " Ceiling Type with installation...............................COMPLIED

AIRCON SPLIT TYPE 1.5HP manual control,supply and
installation,materials and labor.....................................................COMPLIED

AIRCON SPLIT TYPE 3.0 Tr Ceiling mounted,supply &
installation,materials and labor.....................................................COMPLIED

AIRCON WINDOW TYPE 2.0 HP,without timer,supply
and installation,materials and labor...............................................COMPLIED

Submission of a brochure is NOT a compliance as to the PASS/FAIL criteria as correctly pointed out by RDV. It may be submitted in addition to attest the compliance to the specs but brochure alone is not the proper way to do it.

The Procuring Entity must indicate the Schedule of Requirements (that would include) delivery requirements, quantity and budget for each item). If in absence of such, the bidder may fill it out but in no case shall it be a ground for DQ if it does not match the expectations of the PE. Example, the PE expects delivery within 7 days. But since they have not indicated it in the Schedule of Requirements, a bidder placing delivery within 15 days should be acceptable. Of course consideration must also be given if 7 days was implicitly placed in the PhilGEPS posting. But as a general rule, the PE must state its requirement, then the bidder complies. Smile

Sir Jhezz, if i may ask .. do the requirement " technical specs" stated in section 25.2a)iii of the procurement handbook refers to the "compliance checklist" as sampled in the attached form in the latter part of the Bid Docs? Should other details such as delivery schedule, manpower rquirement, after sales etc be merged with it so that these may also be described as "complied" or "not complied" or are these other details need quantitative and qualitative values and be separately submitted in the "set" of technical specifications?


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pass/fail criteria

Post by deadfret on Wed Jun 04, 2014 2:07 pm

one of the documents in the eligibility requirements was not signed by the bidder. do we consider it as "fail"?

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Re: RA 9184 /pass or failed criteria

Post by regina avelino on Tue Jun 10, 2014 10:44 am

Clause 19.4 of the Philippine Bidding Documents (PBDs) provides that the bid, with the exception of unamended printed literature, should be signed, and each and every page thereof initialed, by the duly authorized representative/s of the bidder. This requirement of affixing a signature and/or an initial on the Bidding Documents necessarily includes the Bid, Technical Data Sheet and Technical Specifications, and non-compliance with this requirement shall be ground for disqualification.



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