Motion for Reconsideration

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Motion for Reconsideration

Post by db124 on Thu Dec 15, 2011 12:59 pm

Post ko lang po uli......

Motion for Reconsideration

Post by db124 on Wed Dec 07, 2011 11:16 am

Good morning, need your help on this one.

In a certain bidding, one of the two bidders was disqualified but filed a motion for reconsideration. Do we issue right away a Notice of Lowest Calculated Bid to the first pre-qualified bidder requiring him to submit documentary requirements for post qualification or shall we wait for the resolution of the MR of the second bidder.

Thank you!

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Re: Motion for Reconsideration

Post by RDV @ GP3i on Thu Dec 15, 2011 2:23 pm

db124 wrote:Post ko lang po uli......

Motion for Reconsideration

Post by db124 on Wed Dec 07, 2011 11:16 am

Good morning, need your help on this one.

In a certain bidding, one of the two bidders was disqualified but filed a motion for reconsideration. Do we issue right away a Notice of Lowest Calculated Bid to the first pre-qualified bidder requiring him to submit documentary requirements for post qualification or shall we wait for the resolution of the MR of the second bidder.

Thank you!

You are concerned that, if you notify the first bidder that it is the LCB and requiring submission of additional requirements within 3 c.d. before you decide on the request for reconsideration of the 2nd bidder, if the BAC decides to reconsider the request for reconsideration of the 2nd bidder and the latter is later on determined to be the LCB instead, you might be giving false hope to the latter or worse be made to account for the reversal of decision.

On the other hand, if the BAC delays the post-qualification process also for the 1st bidder, you could also be held accountable for delaying your actionnonnhis part, particularly is present duringnbid opening and it is aware that it is the lowest bidder (as read). Acting either way your concern would still be there.

Therefore, you should not delay your bidding process even if there are pending requests for reconsideration and/or Protests, so long as you wait for the resolutions of all pending admnistrative remedies before recommending any award.
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Re: Motion for Reconsideration

Post by Alpha on Sat Mar 17, 2012 2:21 pm

Under GPPB Circular 06-2005 on breaking a tie (item 3.1):

"In accordance with the considerations advanced/maintained in Policy Matter No. 02-2005, issued by the Government Procurement Policy Board, procuring entities are hereby given guidance on how to resolve cases involving a tie, after post-qualification, among bidders determined and declared as LCRB or HRRB."

Our Case:

Beginning from opening of bids:

Day 1: Opening of bids - bidder A was declared ineligible (verbally signifies its intention for a reconsideration, the Chairman advised to formally file the request for recon in writing and bidder A concurred), bidders B and C passed

Day 2: Bid Evaluation - B and C were subjected to detailed bid evaluation to which the calculated financial offers resulted to a tie.

Day 3: Pending formal letter for reconsideration, B and C were subjected to post-qualification.

Day 4: Last day of submission of letter for reconsideration (fall on saturday, moved to day 6.

Day 6: received the letter for reconsideration (bearing the date "day 2)

Day 7: BAC meeting to resolved the motion.

Day 8: granted the motion and scheduled opening of financial offer on day 10 (all concerned were sent invitation).

Day 10: Opening of financial offer of bidder A

Day 10 (afternoon): subjected the financial offer of bidder A to bid evaluation (note: bidders B and C still the LCRB, invitation for draw lots set on day 12 were sent to all concerned)

Day 12: scheduled draw lots per GPPB circular 06-2005.

Query: Is the process in accordance with IRR of RA 9184

Thank you...

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Re: Motion for Reconsideration

Post by engrjhez® on Sat Mar 17, 2012 2:47 pm

Alpha wrote:Under GPPB Circular 06-2005 on breaking a tie (item 3.1):

"In accordance with the considerations advanced/maintained in Policy Matter No. 02-2005, issued by the Government Procurement Policy Board, procuring entities are hereby given guidance on how to resolve cases involving a tie, after post-qualification, among bidders determined and declared as LCRB or HRRB."

Our Case:

Beginning from opening of bids:

Day 1: Opening of bids - bidder A was declared ineligible (verbally signifies its intention for a reconsideration, the Chairman advised to formally file the request for recon in writing and bidder A concurred), bidders B and C passed

Day 2: Bid Evaluation - B and C were subjected to detailed bid evaluation to which the calculated financial offers resulted to a tie.

Day 3: Pending formal letter for reconsideration, B and C were subjected to post-qualification.

Day 4: Last day of submission of letter for reconsideration (fall on saturday, moved to day 6.

Day 6: received the letter for reconsideration (bearing the date "day 2)

Day 7: BAC meeting to resolved the motion.

Day 8: granted the motion and scheduled opening of financial offer on day 10 (all concerned were sent invitation).

Day 10: Opening of financial offer of bidder A

Day 10 (afternoon): subjected the financial offer of bidder A to bid evaluation (note: bidders B and C still the LCRB, invitation for draw lots set on day 12 were sent to all concerned)

Day 12: scheduled draw lots per GPPB circular 06-2005.

Query: Is the process in accordance with IRR of RA 9184

Thank you...

Is this a three-way tie? What happened after opening the financial envelope of Bidder A? Smile
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Re: Motion for Reconsideration

Post by Alpha on Sun Mar 18, 2012 10:46 pm

After opening of the financial envelope of bidder A, which was rated "passed" by the BAC, its financial offer was found out to be higher than bidders B and C. Nevertheless, the same was still subjected to detailed bid evaluation. It was only after all the bids were subjected to detailed bid evaluation that the BAC decided to break the tie between bidders B and C who have been determined as the LCRB. To be mentioned that bidders B and C were already post-qualified not withstanding any motion for reconsideration.

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