Post Disqualification

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Post Disqualification

Post by slayer on Sat Dec 10, 2011 12:34 pm

Good morning again

a bidder who is the lowest calculated bid did not submit the requirements for the Post-qualification (Tax Clearance, Philgeps, Income tax returns) instead he submit in a form of letter he inform us that he doesn’t want to pursue the post-qualification citing reasons particularly the reservation clause in the Philippine Bidding Documents states that:
1. Reservation Clause
1.1. Notwithstanding the eligibility or post-qualification of a bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract.


Can you enlighten us this reservation clause? Can he use it against us not to pursue the post qualification and makes the bidding failed.

Another thing is can we sanction the bidder? (aside from forfeiting his bid security in a form of surety bond)
Thanks and more power
[u]

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Re: Post Disqualification

Post by engrjhez® on Sat Dec 10, 2011 12:59 pm

slayer wrote:Good morning again

a bidder who is the lowest calculated bid did not submit the requirements for the Post-qualification (Tax Clearance, Philgeps, Income tax returns) instead he submit in a form of letter he inform us that he doesn’t want to pursue the post-qualification citing reasons particularly the reservation clause in the Philippine Bidding Documents states that:
1. Reservation Clause
1.1. Notwithstanding the eligibility or post-qualification of a bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract.


Can you enlighten us this reservation clause? Can he use it against us not to pursue the post qualification and makes the bidding failed.

Another thing is can we sanction the bidder? (aside from forfeiting his bid security in a form of surety bond)
Thanks and more power
[u]

The provision cited (to me) is not a sufficient ground for a bidder's non-acceptance of the award. The reservation clause (Sec.41) is intended to be exercised by the HOPE in cases specified therein and cannot be invoked by the bidder. Non-acceptance of award is still covered by forfeiture of bid security and subject to administrative sanction violating Sec.69.1.d of the IRR if proven that the claims of erring contractor is not reasonable. Smile
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Re: Post Disqualification

Post by slayer on Sat Dec 10, 2011 1:37 pm

thank you sir, sort of clarification sir, we are on the post-qualification process to determine the responsiveness and to declare for award for a particular bidder.
we dont have an award yet. thanks again

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Re: Post Disqualification

Post by engrjhez® on Sun Dec 11, 2011 12:50 pm

slayer wrote:thank you sir, sort of clarification sir, we are on the post-qualification process to determine the responsiveness and to declare for award for a particular bidder.
we dont have an award yet. thanks again

It is quite weird why an LCB (or SCB, please also clarify) would not want to be awarded. To em it is still tantamount to refusal of award (if found to be qualified later). Still, there is Sec.69.1.g that you can use even if the bidder initiated a letter to the BAC. Once the bidding process has been started, and bids are opened, it cannot be stopped (not even the BAC) except by the HOPE. You write on the bidder seeking clarification on the bids (notwithstanding the letter) and base your actions on the next slides of the story. Smile
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Re: Post Disqualification

Post by jcolas on Mon Dec 12, 2011 4:56 pm

"slayer wrote"Good morning again

a bidder who is the lowest calculated bid did not submit the requirements for the Post-qualification (Tax Clearance, Philgeps, Income tax returns) instead he submit in a form of letter he inform us that he doesn’t want to pursue the post-qualification citing reasons particularly the reservation clause in the Philippine Bidding Documents. . .

In this issue, I surmise that their is already a bidder who was declared to be the Lowest Calculated Bidder. The PE should have notifed the LCB to submit the additional documents (PhilGEPS, etc). In your post, instead of the documents being required to be submitted, he submitted a letter invoking provisions that does not address the issue at hand. The Procuring Entity, in this scenario, should have invoked Section 34, Rule X of the Revised IRR of RA 9184 and moved for the disqualification of the bidder with out prejudice to the confiscation of the bidders Bid Security. This is again, without prejudice to the PE's initiating action against the bidder to protect its interest. The bidder invoked the Reservation Clause which is a right inherent to the HOPE and rejecting and not making an award which is very far from this issue as their is no award yet, so to speak. The provision that he cited also speaks of the Procuring Entity's right to conduct a review at any stage of the procurement process, notwithstanding the eligibility of a bidder which do not really address the issue. I hope I made myself clear.

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