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OMNIBUS AFFIDAVIT

Post by tierri on Sat Nov 05, 2011 10:41 pm

A bidder of ours submitted an omnibus affidavit executed in April 2011, bid opening was last November 3, can it be a ground for disqualification? why?

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Re: OMNIBUS AFFIDAVIT

Post by RDV @ GP3i on Sun Nov 06, 2011 7:30 am

tierri wrote:A bidder of ours submitted an omnibus affidavit executed in April 2011, bid opening was last November 3, can it be a ground for disqualification? why?

I believe the bidder should be post-disqualified because statement No. 8 of the Omnibus Sworn Statement, provides as follows:

"8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;
b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;
c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project]."

If the sworn statement was executed in April, prior to the start of the bidding process, then all the four (4) statements therein are therefore not possible.

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Re: OMNIBUS AFFIDAVIT

Post by tierri on Sun Nov 06, 2011 8:26 pm

thank you very much, now i feel confident about our decision . . .

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Re: OMNIBUS AFFIDAVIT

Post by litehouse on Mon Apr 01, 2013 6:36 am

The Omnibus Sworn Statement (OSS) was executed on February 09, 2013. The period of the availability of bid documents was on February 26 to March 19, 2013. As a background, the bidding was posted on January 2013 but was declared failed due to no bidder. The prospective bidder bought bid docs but failed to drop. It was re-published on February 26 and the same prospective bidder bought documents and dropped its bid on March 19. The problem is, its attached OSS was executed on February 09, 2013. It is clear that the document was obtained during the period of the failed first publication. Please enlighten us on its legal implications. Thank yo.

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Re: OMNIBUS AFFIDAVIT

Post by regina avelino on Mon Apr 01, 2013 11:55 am

I don't think there is a problem if the bidder used the same oss during the first and second bidding for as long the it is signed and dated on or before the submission and opening of bid. my opinion on the matter.

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Re: OMNIBUS AFFIDAVIT

Post by Jay De Why on Wed Jan 07, 2015 11:15 am

In one of our bidding, in the line where they have to write comply or not comply, one line is blank. The BAC decides to consider their bid as valid since they said that there is an OSS that states "that they Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract". Is this a valid reasoning?
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Re: OMNIBUS AFFIDAVIT

Post by engrjhez® on Fri Jan 09, 2015 11:00 am

Jay De Why wrote:In one of our bidding, in the line where they have to write comply or not comply, one line is blank. The BAC decides to consider their bid as valid since they said that there is an OSS that states "that they Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract". Is this a valid reasoning?

No. If such "catch all" statement could be used to cure such omission where a positive act is required, there is no reason why a totally unfilled compliance with technical specifications should be rejected. Otherwise said, the compliance with technical specifications serves no purpose if the OSS covers it anyway.
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Re: OMNIBUS AFFIDAVIT

Post by Jay De Why on Fri Jan 09, 2015 1:29 pm

i forgot to mention that it is a Negotiated procurement. Will it, being a nego proc matters?
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