Suspension of bidding

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Suspension of bidding

Post by mika07 on Fri Jan 20, 2012 5:15 pm

Good day! Help please...

Is there a violation of RA 9184 if the opening of bids is suspended?
Here is the scenario:

On the scheduled date of opening of bids the BAC opened the technical envelop of Bidder A and found it to be complete and in order hence was declared as "Passed" and its financial bid was opened and is within the ABC.

During the opening of bids of Bidder B, an intense argument happened between the head of the Bac Secretariat and Bidder B due to the non-submission of the latter of the certificate of site inspection. This resulted to the declaration of the BAC chairman to suspend the opening of bids and rescheduling it 7 days thereafter. Bidder B was given 5 days to file their query in writing and under oath addressed to the BAC.

Five days after the BAC secretariat received an unverified letter from Bidder B, so upon opening of bids on the rescheduled date, subject letter was not acted upon and was treated by the BAC as information only.

Bidder B was declared as "failed bid" for non-submission of certificate of site inspection.

It may help to note that Bidder B submitted in its technical envelop an affidavit of site inspection. As per Instruction to Bidders, the affidavit of site inspection is required and not the certificate of site inspection. There is also no mention of the certificate of site inspection as a required document during the pre bid conference.

The certificate of site inspection is being issued the an engineer who is the member of the BAC.

Can the BAC chairman suspend the opening of bids when the bids of other bidders has already been opened? what should have been done? Is there a violation of the procurement law?

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Re: Suspension of bidding

Post by riddler on Fri Jan 20, 2012 6:51 pm

mika07 wrote:Good day! Help please...

Is there a violation of RA 9184 if the opening of bids is suspended?
Here is the scenario:

On the scheduled date of opening of bids the BAC opened the technical envelop of Bidder A and found it to be complete and in order hence was declared as "Passed" and its financial bid was opened and is within the ABC.

During the opening of bids of Bidder B, an intense argument happened between the head of the Bac Secretariat and Bidder B due to the non-submission of the latter of the certificate of site inspection. This resulted to the declaration of the BAC chairman to suspend the opening of bids and rescheduling it 7 days thereafter. Bidder B was given 5 days to file their query in writing and under oath addressed to the BAC.

Five days after the BAC secretariat received an unverified letter from Bidder B, so upon opening of bids on the rescheduled date, subject letter was not acted upon and was treated by the BAC as information only.

Bidder B was declared as "failed bid" for non-submission of certificate of site inspection.

It may help to note that Bidder B submitted in its technical envelop an affidavit of site inspection. As per Instruction to Bidders, the affidavit of site inspection is required and not the certificate of site inspection. There is also no mention of the certificate of site inspection as a required document during the pre bid conference.

The certificate of site inspection is being issued the an engineer who is the member of the BAC.

Can the BAC chairman suspend the opening of bids when the bids of other bidders has already been opened? what should have been done? Is there a violation of the procurement law?

Very Happy dear mik, i regret to inform you that the Affidavit of Site Inspection nor Certificate of Site Inspection is no longer required under the new IRR because these requirements are already integrated in the OMNIBUS AFFIDAVIT to be filed by the Contractor under the 4th Edition of the Philippine Bidding Documents (PBD) for Infrastructure 4th Edition.

If Bidder "B" have submitted this Omnibus Affidavit on the day of the opening of Bids, the BAC should have open the Second Envelop of Bidder "B". Very Happy
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Re: Suspension of bidding

Post by jcolas on Sat Jan 21, 2012 6:56 pm

"mika07 wrote"
Is there a violation of RA 9184 if the opening of bids is suspended?

Section 65 states that without prejudice to the provisions of R.A. 3019 and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:
:Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of action provided for in this IRR. I am not an alarmist but what if the bidders feel that that BAC has commited the above mentioned act? I agree also with riddler and his post that under the Revised IRR, Site Inspection is not required anymore as this is already included in the OSS. I am sorry to say that your BAC has created a problem because they were not at pace with the revisions in the IRR of RA 9184.

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Re: Suspension of bidding

Post by mika07 on Tue Jan 24, 2012 10:05 am

...so, sir, it is correct to say that there is a violation of the procurement law?

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Re: Suspension of bidding

Post by alpha1 on Tue Jan 24, 2012 10:57 am

Good day Mika!

Yes, there seems to be some lapses on the part of your BAC. What your BAC must do is to declare a failure of bidding due some inconsistency in requiring documents that are not supposed to be required but of course this would boomerang on your BAC because it only shows they're unawareness of the developments in procurement process.

Before everything goes beyond out of control, I recommend that your BAC be humble and courageous enough to accept they're lapses before bidder B decides otherwise.

I am also suggesting that the members of the BAC -SEC must be aware of DBM and GPPB issuances. And lastly, during the Opening of Bid, as much as possible the BAC-SEC should limit themselves on taking minutes of the proceedings and not to join on the deliberations.
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Re: Suspension of bidding

Post by mika07 on Wed Jan 25, 2012 9:49 am

thank you so much!

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Re: Suspension of bidding

Post by mika07 on Fri Jan 27, 2012 1:01 am

sir, i've been reading the 4th edition of the Philippine Bidding Documents but I can't seem to find the provisions with regards to the Affidavit of Site Inspection. Would you be kind enough to pinpoint what particular section? Please... Embarassed Thanks.

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Re: Suspension of bidding

Post by riddler on Fri Jan 27, 2012 10:12 am

mika07 wrote:sir, i've been reading the 4th edition of the Philippine Bidding Documents but I can't seem to find the provisions with regards to the Affidavit of Site Inspection. Would you be kind enough to pinpoint what particular section? Please... Embarassed Thanks.

Very Happy i hope this will answer you query. Very Happy



Omnibus Sworn Statement


REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.


AFFIDAVIT


I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity];

If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)];

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;

5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: I am not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;

c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and


d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project].


IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines.


_____________________________________
Bidder’s Representative/Authorized Signatory

[JURAT]

Very Happy
Sec. 6. Bidder's Responsibilities (4th Ed of PBD)

" x x x x x x x .

6.3. The Bidder, by the act of submitting its bid, shall be deemed to have inspected the site, determined the general characteristics of the contract works and the conditions for this Project and examine all instructions, forms, terms, and project requirements in the Bidding Documents.

6.4. It shall be the sole responsibility of the prospective bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to this Project, including: (a) the location and the nature of the contract, project, or work; (b) climatic conditions; (c) transportation facilities; (c) nature and condition of the terrain, geological conditions at the site communication facilities, requirements, location and availability of construction aggregates and other materials, labor, water, electric power and access roads; and (d) other factors that may affect the cost, duration and execution or implementation of the contract, project, or work.

x x x x x x." Very Happy
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