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Postponement of a Schedule Bidding

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Postponement of a Schedule Bidding

Post by venom.0420 on Thu Jan 29, 2009 6:07 pm

The RA 9184 requires all projects of a procuring entity be posted at least 7 days prior to its scheduled bidding. If in any unavoidable circumstances, the BAC of the procuring entity will not constitute quorum on the day of the bidding, what should the procuring entity need to do?

Any information would be highly appreciated!
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Postponement of a Scheduled Bidding

Post by RDV @ GP3i on Fri Jan 30, 2009 12:28 pm

If the BAC cannot constitute a quorum on the scheduled date of bid opening, then the bid opening schedule cannot proceed. Since it has no quorum in the first place, it cannot decide there and then on any action to take, except probably to advise all the parties present that the bid opening cannot proceed as scheduled and they just have to wait for the issuance of a Supplemental Bulletin advising them on a new bid opening date.

The BAC shall then call a special meeting for the purpose of issuing a Supplemental Bulletin. If they are able to get a new quorum, then they can issue a Supplemental Bulletin. The BAC should make sure that all the parties concerned, particularly all the bidders who submitted their bids before the deadline and the Observers, shall receive their copies of the Supplemental Bulletin changing the bid opening date.
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Postponement of a Schedule Bidding

Post by venom.0420 on Mon Feb 02, 2009 7:09 pm

Thank you sir. But I would like to clarify one detail. Once the BAC decides the new schedule of bidding, should the BAC need to follow the minimum of 7 days posting? Or can they simply reschedule the bidding as soon as possible?
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Re: Postponement of a Schedule Bidding

Post by RDV @ GP3i on Tue Feb 03, 2009 10:40 am

venom:

I submit that the mimimum 7 cd posting, and the requirement for a minimum 7 cd for the issuance of Supplemental/Bid Bulletin prior to bid opening, may be waived since you did not actually postpose the deadline for the submission of bid but only the bid opening. In other words, only those which have submitted their bids within the deadline will be affected.

Likewise, the minimum 7 c.d. for the issuance of Supplemental/Bid Bulletin prior to bid opening is mandatory if there are changes in the bidding documents issued by the procuring entity. Necessarily, if there are changes in the bidding documents, the prospective bidders would need enough time (min of 7 c.d. under the IRR) to prepare responsive bids. In your case, nothing of this sort happened, only the postponement of the bid opening, for the reason that the BAC cannot convene for lack of the required quorom of simple majority.

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Postponement of a Schedule Bidding

Post by venom.0420 on Tue Feb 03, 2009 7:26 pm

To Sir RDV:

Thanks for the very useful information. At least, we won't need to wait for the 7 cd to resume the postponed bidding. That would definitely hasten our procurement process. Thanks again! Very Happy
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postponement of opening of bids

Post by apple pie on Sun Mar 29, 2009 9:46 am

what if the bac postponed the opening of bids because the only buyer of bid docs was not able to comply with the requirements? is this okay?
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Re: Postponement of a Schedule Bidding

Post by RDV @ GP3i on Sun Mar 29, 2009 11:36 am

apple pie wrote:what if the bac postponed the opening of bids because the only buyer of bid docs was not able to comply with the requirements? is this okay?

How did the BAC find out that information that "the only buyer of bid docs was not able to comply with the requirements"? It may be presumptous of the BAC to say that, when that buyer has not yet even submitted its requirements.

Therefore, that could not be a valid reason. However, the BAC may still extend the deadline for bid submission, through a Bid Bulletin, to allow more time to those who could still be interested to participate in the bidding process.
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Re: Postponement of a Schedule Bidding

Post by venom.0420 on Sun Mar 29, 2009 10:00 pm

RDV wrote:
apple pie wrote:what if the bac postponed the opening of bids because the only buyer of bid docs was not able to comply with the requirements? is this okay?

How did the BAC find out that information that "the only buyer of bid docs was not able to comply with the requirements"? It may be presumptous of the BAC to say that, when that buyer has not yet even submitted its requirements.

Therefore, that could not be a valid reason. However, the BAC may still extend the deadline for bid submission, through a Bid Bulletin, to allow more time to those who could still be interested to participate in the bidding process.

I believe apple pie's query actually happens when the sole bidder who purchased the bid docs have informed the procurement section or the BAC secretariat ahead of the date of opening of bids that they could not comply with all the bid docs needed to be submitted. Hence, even if they submit their bid, the bidding is already known beforehand that it will fail.

I think the real question here is what should the BAC do in cases like this? Very Happy
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Re: Postponement of a Schedule Bidding

Post by RDV @ GP3i on Mon Mar 30, 2009 11:36 am

venom.0420 wrote:
I believe apple pie's query actually happens when the sole bidder who purchased the bid docs have informed the procurement section or the BAC secretariat ahead of the date of opening of bids that they could not comply with all the bid docs needed to be submitted. Hence, even if they submit their bid, the bidding is already known beforehand that it will fail.

I think the real question here is what should the BAC do in cases like this? Very Happy

So, without waiting for the bidding to fail, just the same the BAC may still extend the deadline for bid submission, through a Bid Bulletin, to allow more time to those who could still be interested to participate in the bidding process.

Consequently, the BAC should also be extending the period of time of availability of the bidding documents. The Bid Bulletin should be posted in the PhilGEPS, procuring entity's website, if any, and in conspicuous bulletin board in the premises of the procuring entity.
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postponement of opening of bids

Post by apple pie on Mon Mar 30, 2009 11:49 am

thanks to all of you for the enlightment
Razz
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postponement of bid opening schedule

Post by divadon on Thu Apr 12, 2012 9:08 pm

hello! my question is if the BAC decided to postpone the bid opening to a later date because of non-observance to procurement procedure e.g failure to invite observers and incomplete information on Technical specifications on the bidding documents, and since a new bidding documents will be issued by the Procuring entity, is it okay to still accept new prospective bidders who wish to join?
do we need to conduct another pre- bid conference since a new bid document will be issued?
is it necessary to publish the new schedule or is it sufficient to post the same in a Supplemental bid bulletin and PhilGeps?thank you very much.

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Re: Postponement of a Schedule Bidding

Post by regina avelino on Fri Apr 13, 2012 9:38 am

sir RDV, di ba po there should be a valid ground for the PE to postpone the bidding? ang alam ko po eh di po kasama sa valid grounds yung hints from the sole bidder that may not be able to comply with the requirement of the bidding docs. please clarify po. wag po sana kayong magsawa sa amin mga queries. thanks.

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Re: Postponement of a Schedule Bidding

Post by RDV @ GP3i on Sat Apr 14, 2012 1:10 pm

regina avelino wrote:sir RDV, di ba po there should be a valid ground for the PE to postpone the bidding? ang alam ko po eh di po kasama sa valid grounds yung hints from the sole bidder that may not be able to comply with the requirement of the bidding docs. please clarify po. wag po sana kayong magsawa sa amin mga queries. thanks.

You are correct, there should be valid grounds for postponing (or resetting) the deadline for the submission of bid. It is the BAC which would decide on that and it has to be indicated in the Supplemental/Bid Bulletin that that BAC will issue announcing the postponement or extension of the deadline for the submission and opening of bids. If you say that their apparent reason is based on "hints from sole bidder" that it could not possibly comply with the requirement, the question that should be ask of the BAC is: "How come they already know that there is only one (1) bidder prior to the deadline submission?"

A more valid reason for the postponement is to allow more time for all interested bidders to prepare a responsive bid, but the new deadline should be within the allowable period; i.e. within 45 c.d. from the last day of posting (for procurement of goods) or within 50 c.d./65 c.d. for procurement of infra). Otherwise, if the BAC will not lengthen the time period for bid preparation it will likely result to a bidding failure. There is also that probability that there is only one (1) interested bidder because the others were discouraged from participating because they don't have enough time to prepare their own bids.

That is the reason why the IRR provides that the bidders should be given ample time to prepare their bids. On the other hand, so as not to unduly lengthen the process, the IRR also provides for the maximum period by which the deadline counted from the last day of posting as provided for in Section 25.4 of the IRR.

I hope I have clarified the issue.

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Opening of Bid

Post by verinice on Thu Jul 26, 2012 12:10 am

Good evening!

Our BAC believed that there is no need for a quorum in the opening of financial bid because there's nothing to decide on but merely opening the bid and affixing the members' initial/signature. Is the opening of financial bid valid if there was no quorum during the proceedings? Is there a violation in RA 9184 in doing so?

Please advised the soonest. Thank you so much.


Last edited by verinice on Thu Jul 26, 2012 12:15 am; edited 1 time in total (Reason for editing : additional question)

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Re: Postponement of a Schedule Bidding

Post by regina avelino on Thu Jul 26, 2012 9:33 am

The majority (one-half of membership plus one) of the BAC members shall
constitute a quorum, provided that the Chairman or the Vice-Chairman should be present in all meetings and deliberations. The Chairman or, in his
absence, the Vice-Chairman shall preside over the meetings. The Presiding Officer shall vote only in case of a tie. There should be quorum for the transaction of business which includes opening of bids. The BAC constituting a quorum should decides whether a bidder is eligible or not during the opening of bids.

If you do what your BAC tells you, then it would be a violation on section 12.3 and 12.4 of the IRR.

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Re: Postponement of a Schedule Bidding

Post by verinice on Fri Jul 27, 2012 11:51 am

Thank you Ms. Avelino. But I will rephrase by query for clearer understanding, is there a need of a quorum for the opening of financial bid? Or the presence of 2 out of 5 members of the BAC considered an acceptable/valid bid opening since they just open the bid and sign?

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Re: Postponement of a Schedule Bidding

Post by sunriser431 on Fri Jul 27, 2012 3:53 pm

verinice wrote:Thank you Ms. Avelino. But I will rephrase by query for clearer understanding, is there a need of a quorum for the opening of financial bid? Or the presence of 2 out of 5 members of the BAC considered an acceptable/valid bid opening since they just open the bid and sign?
may I butt in, The Technical and financial components of the bid must be open at the time, date, and place specified in the bidding documents. To simplify bids must be open on the same day and the requirement for quorum as specified in section 12.3 of the IRR is a must for compliance bounce
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Re: Postponement of a Schedule Bidding

Post by regina avelino on Fri Jul 27, 2012 4:42 pm

verinice wrote:Thank you Ms. Avelino. But I will rephrase by query for clearer understanding, is there a need of a quorum for the opening of financial bid? Or the presence of 2 out of 5 members of the BAC considered an acceptable/valid bid opening since they just open the bid and sign?

Yes, there should still be a quorum for the opening of financial bid, meaning at least 3 should be present out of the 5 BAC members. A quorum should be constituted for the transaction of business. Opening the financial proposal (financial envelop or the second bid envelop). Remember that the BAC shall evaluate if the second envelop i of a particular bid is missing, incomplete or patently insufficient and or the bid submitted exceeds the ABC and only the BAC shall rate the bid as failed, not the TWG or the BAC secretariat.

Second issue, you said that they will just sign the bid proposal. Only those BAC members present during the opening of the bid is required to sign the abstract of bid. If there are only 2 members present in the bid opening, only 2 are required to sign the bid abstract. Thus, kahit sino pwede kayong kwestiyunin for lack of quorum during bid opening and this is shown na in the abstract of bid.

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Re: Postponement of a Schedule Bidding

Post by verinice on Tue Jul 31, 2012 9:57 pm

thank you, sunriser and ms. avelino for sharing your precious time and wisdom. More power to you both!

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Re: Postponement of a Schedule Bidding

Post by sunriser431 on Fri Aug 10, 2012 12:12 am

verinice wrote:thank you, sunriser and ms. avelino for sharing your precious time and wisdom. More power to you both!
as always cheers
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