How will a newly opened business as supplier can join a bidding in drugs and medicines?

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How will a newly opened business as supplier can join a bidding in drugs and medicines?

Post by newsupplier on Mon Nov 21, 2011 12:59 am

One of the Eligibility requirements in drugs and medicines procurement is the Statement of the prospective Bidder of all its ongoing and completed government and private contracts of similar project for the past two (2) years including contracts awarded but not yet started. In my case it is our first year in business as supplier of drugs and medicines, how can we be eligible to join?

Is consignment can be considered as similar project or contract for drugs and medicines?

Or as a consignor alone will never make us eligible to join a Procurement of Drugs and Medicines?

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Re: How will a newly opened business as supplier can join a bidding in drugs and medicines?

Post by engrjhez® on Mon Nov 21, 2011 1:21 pm

newsupplier wrote:One of the Eligibility requirements in drugs and medicines procurement is the Statement of the prospective Bidder of all its ongoing and completed government and private contracts of similar project for the past two (2) years including contracts awarded but not yet started. In my case it is our first year in business as supplier of drugs and medicines, how can we be eligible to join?

Is consignment can be considered as similar project or contract for drugs and medicines?

Or as a consignor alone will never make us eligible to join a Procurement of Drugs and Medicines?

The requirement for you to be eligible is that you have completed within the relevant period as determined by the PE (I presume that is the 2 years you mentioned) with the amount of contract at least 25% of the ABC to be bid. If you have one contract that will satisfy this, you may be considered eligible subject to submission of other eligibility and technical documents.

Experience to consignment may apply if there is a contract that specified among others the contract amount and period. But since consignment does not involve any obligation of certain amounts in certain periods, it might be a problem, technically.

There are actually varied opinions whether consignment may be considered to fall under RA 9184. Consignment is actually a MODE OF IMPLEMENTATION and not necessarily covered by RA 9184 (as per verbal opinion of the GPPB-TSO). But consignment may still be bounded by a contract for obtaining item(s) from a supplier and in return the government pays for those obtained items at the terms and condition first determined by said contract.

In my opinion, consignment may still fall under RA 9184 as it is still (although indirect) procurement. This might be prone for abuse if will be excluded from the scope of RA 9184.

My position in this matter is to suggest a modification of the "Ordering Agreement" guidelines issued by the GPPB-TSO so that it will not be restricted on some items only. Should this be approved, the usual procurement proceeding and requirements apply. Smile
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Thank you sir!

Post by newsupplier on Mon Nov 21, 2011 6:56 pm

Is this one project can be in private sector?

The Standard form SF-GOOD-13b is Statement of all Government & Private Contracts which are similar in nature.

Can you give me example of contracts in private sector which is similar in nature in procurement of drugs and medicines?

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Re: How will a newly opened business as supplier can join a bidding in drugs and medicines?

Post by engrjhez® on Tue Nov 22, 2011 7:39 am

newsupplier wrote:Is this one project can be in private sector?

The Standard form SF-GOOD-13b is Statement of all Government & Private Contracts which are similar in nature.

Can you give me example of contracts in private sector which is similar in nature in procurement of drugs and medicines?

Yes, experience can be from the private sector provided that there is proof that such contract existed (at least legally) with ABC and contract duration details among others.

SF-GOOD-13b is a SAMPLE form only. You may adjust the format provided that essential details on it are embedded.

The definition of 'contract similar in nature' is best determined by the Procuring Entity. In fact, such definition shall be included in the Bid Data Sheet (BDS) of the bidding documents. Smile
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Re: How will a newly opened business as supplier can join a bidding in drugs and medicines?

Post by newsupplier on Tue Nov 22, 2011 10:27 am

is the regular ordering of drugs and medicines does not signifies a similar contract? Like a doctor ordering of medicines as dispensing doctor, will the delivery receipts and official receipt will not serve as a similar contract?

According to the Bid Data Sheet ITB clause 5.4 The Bidder must have completed, for the last two (2) years, a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the ABC for the items submitted by the bidder as its bid. For this purpose, similar contract shall refer to various drugs and medicines.

In my understanding based on this clause any consignments, MOA, sales, purchases, acquisitions of drugs and medicines are included in the " SIMILAR CONTRACT". Therefore, Purchases and deliveries from a private entity satisfy this requirement.

Is my understanding correct?

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Re: How will a newly opened business as supplier can join a bidding in drugs and medicines?

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