Opening and Prelimary Examination of Bids

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Opening and Prelimary Examination of Bids

Post by jcolas on Thu Nov 17, 2011 8:07 am

Is the MR available to a bidder who failed during the Opening and Preliminary Examination of Bids even if it has been established that the failure is due to the fault of the bidder?
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Re: Opening and Prelimary Examination of Bids

Post by engrjhez® on Thu Nov 17, 2011 7:27 pm

jcolas wrote:Is the MR available to a bidder who failed during the Opening and Preliminary Examination of Bids even if it has been established that the failure is due to the fault of the bidder?

Yes. Everyone has their right to file RFR or MR. If the disqualification is due to the fault of the bidder, that should be clear in the BAC's reply, and the MR or RFR is simply denied. Smile
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Re: Opening and Prelimary Examination of Bids

Post by jcolas on Fri Nov 18, 2011 8:26 am

"Engrjhez wrote"

Yes. Everyone has their right to file RFR or MR. If the disqualification is due to the fault of the bidder, that should be clear in the BAC's reply, and the MR or RFR is simply denied.
Thank you for that opinion. May I post the background. I attended the Seminar "Understanding Auditing and Updates of government Procurement Syustems (RA 9184) conducted by the Association of Government Internal Auditor, and one of the speaker mentioned that an MR is a right that is given to the bidder. I agree with him but I asked him what if in the preliminary examination of bids, a bidder was found to have submitted a Mayors' Permit that is passed due already, will he be given the right to submit an MR? He answered in the affirmative. When I countered that under 24.7 of the Instructions to Bidders, it says and I quote "A bidder determined as "failed" has three (3) calendar days... to file for an MR: Provided however, that the MR should not be granted if it is established that the finding of failure is due to the fault of the bidder. He answered that the bidder should still be given the chance to submit an MR.
In the instant case, engrjhez and Sir RDV, do we still accept his MR? Shall we not outrightly declare the bidder to have failed?
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Re: Opening and Prelimary Examination of Bids

Post by engrjhez® on Fri Nov 18, 2011 9:59 am

jcolas wrote:"Engrjhez wrote"

Yes. Everyone has their right to file RFR or MR. If the disqualification is due to the fault of the bidder, that should be clear in the BAC's reply, and the MR or RFR is simply denied.
Thank you for that opinion. May I post the background. I attended the Seminar "Understanding Auditing and Updates of government Procurement Syustems (RA 9184) conducted by the Association of Government Internal Auditor, and one of the speaker mentioned that an MR is a right that is given to the bidder. I agree with him but I asked him what if in the preliminary examination of bids, a bidder was found to have submitted a Mayors' Permit that is passed due already, will he be given the right to submit an MR? He answered in the affirmative. When I countered that under 24.7 of the Instructions to Bidders, it says and I quote "A bidder determined as "failed" has three (3) calendar days... to file for an MR: Provided however, that the MR should not be granted if it is established that the finding of failure is due to the fault of the bidder. He answered that the bidder should still be given the chance to submit an MR.
In the instant case, engrjhez and Sir RDV, do we still accept his MR? Shall we not outrightly declare the bidder to have failed?

I have based my answer on your question that "is MR available for a bidder...?" and understood it to mean: are we allowed to accept MR/RFR filed within 3 cd? My answer is still an affirmative. It is still considered a public transaction that should be responded accordingly and must be processed promptly (RA 9485).

Of course after receiving the MR/RFR and after reading the explanation of the bidder on why he/she submitted an "expired" (tama po ba?) Mayor's Permit, the BAC would simply deny it. Hence, still in accordance with ITB that "the MR should not be granted..." since the fault is clearly from the bidder. Smile
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