Notice of Award and/or Notice of Lowest Calculated Bid

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Notice of Award and/or Notice of Lowest Calculated Bid

Post by friend toe on Mon Jan 30, 2012 11:40 pm

Does the Notice of Award/ Notice of Lowest Calculated Bid is a must to inform the losing bidders? when in fact they have attended the opening of the bids?

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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by Jovinal on Tue Jan 31, 2012 9:20 pm

During the opening the actual winner is not yet finalized Section 37.1.6. of IRR of RA no. 9184 may clarify your concern The BAC, through the Secretariat, shall post, within three (3) calendar days from its issuance, the Notice of Award in the PhilGEPS, the website of the procuring
entity, if any, and any conspicuous place in the premises of the procuring
entity.(n)
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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by friend toe on Wed Feb 01, 2012 6:02 am

thank you so much... And so, not necessarily that we have to inform directly the losing bidders thru written notice?...

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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by RDV @ GP3i on Wed Feb 01, 2012 7:39 am

friend toe wrote:thank you so much... And so, not necessarily that we have to inform directly the losing bidders thru written notice?...

Even if the bidders attended the opening of bids, it is still necessary to inform the losing bidders. Why? Because after the opening of the bids, the "No Contact Rule" takes effect already. This rule prohibits the BAC and its support staff from communicating with the bidders from opening of the bid until the issuance of the Notice of Award. Although this rule is not absolute because the IRR also provides for certain exceptions within that period.

One exception, in fact a mandatory requirement for the BAC to do after it has determined the LCRB and has recommended to the HOPE the award of contract to the said LCRB and prior to the approval by the HOPE of said recommendation, is the requirement that the BAC shall notify all losing bidders of its decision. (Sec. 37.1.2, IRR).

If the BAC does not notify the losing bidders prior to award, it would mean as if you deprive the losing bidders of their right to avail of the administrative remedies available to them under the law, which is to file a request for reconsideration and/or file a Protest.

I hope I made myself clear.
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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by friend toe on Wed Feb 01, 2012 9:39 pm

thank you very much for the clarification... more power!

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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by Jovinal on Wed Feb 01, 2012 11:13 pm

When the BAC shall notify all losing bidders of its decision, I ask for clarification SIR, is there any standard letter/notification letter form that Bac Secretarial will prepare to notify the losing bidders? Or just furnish them with Post-Qualification Evaluation Summary Report? Thank you.
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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by RDV @ GP3i on Thu Feb 02, 2012 6:54 am

Jovinal wrote:When the BAC shall notify all losing bidders of its decision, I ask for clarification SIR, is there any standard letter/notification letter form that Bac Secretarial will prepare to notify the losing bidders? Or just furnish them with Post-Qualification Evaluation Summary Report? Thank you.

There is none. The notification should contain the reason why the bidder was not the winning bidder or why it was declared ineligible, was disqualified, or post-disqualified. It is not just a matter of furnishing the bidder with the post-qualification evaluation summary report because the bidder may not necessarily be the LCB; hence, was not post-qualified. The Section refers to notification to ALL losing bidders.
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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by friend toe on Mon Feb 06, 2012 11:24 pm

greetings... sir, ito po kasi talaga ang nakaligtaan intindihin ng mabuti eh...
"One exception, in fact a mandatory requirement for the BAC to do after it has determined the LCRB and has recommended to the HOPE the award of contract to the said LCRB and prior to the approval by the HOPE of said recommendation, is the requirement that the BAC shall notify all losing bidders of its decision. (Sec. 37.1.2, IRR).

If the BAC does not notify the losing bidders prior to award, it would mean as if you deprive the losing bidders of their right to avail of the administrative remedies available to them under the law, which is to file a request for reconsideration and/or file a Protest." ...
it had been a practice of the previous BAC members(mostly retired from service already) that the notice is being sent same date the award is made. ang nangyari tuloy is eto... a losing bidder is questioning now the conduct of post-qualifying wherein he cited of the same set of equipment and personnel pledged to do 3 projects simultaneously by the winning bidder. However, i may say our TWG have found nothing wrong with the winning bidder's papers. And also, because the projects are almost contiguous though considering the distances between projects and nature of work, we find not so much reason not to award the project and we consulted our HOPE for this matter and our HOPE have the same views like ours(BAC members). My question now is how to go about it in with respect to the complaint... i may say because it is not a formal protest yet... and at present we are already going into contract signing... hope to learn from you more on this issue and concern... thanks in advance...

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Re: Notice of Award and/or Notice of Lowest Calculated Bid

Post by sunriser431 on Tue Feb 07, 2012 12:16 am

friend toe wrote:greetings... sir, ito po kasi talaga ang nakaligtaan intindihin ng mabuti eh...
"One exception, in fact a mandatory requirement for the BAC to do after it has determined the LCRB and has recommended to the HOPE the award of contract to the said LCRB and prior to the approval by the HOPE of said recommendation, is the requirement that the BAC shall notify all losing bidders of its decision. (Sec. 37.1.2, IRR).

If the BAC does not notify the losing bidders prior to award, it would mean as if you deprive the losing bidders of their right to avail of the administrative remedies available to them under the law, which is to file a request for reconsideration and/or file a Protest." ...
it had been a practice of the previous BAC members(mostly retired from service already) that the notice is being sent same date the award is made. ang nangyari tuloy is eto... a losing bidder is questioning now the conduct of post-qualifying wherein he cited of the same set of equipment and personnel pledged to do 3 projects simultaneously by the winning bidder. However, i may say our TWG have found nothing wrong with the winning bidder's papers. And also, because the projects are almost contiguous though considering the distances between projects and nature of work, we find not so much reason not to award the project and we consulted our HOPE for this matter and our HOPE have the same views like ours(BAC members). My question now is how to go about it in with respect to the complaint... i may say because it is not a formal protest yet... and at present we are already going into contract signing... hope to learn from you more on this issue and concern... thanks in advance...
For similar topic, try follow the LINK , you'll find it interesting. Happy reading. bounce
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