ELIGIBILITY CRITERION

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ELIGIBILITY CRITERION

Post by rpta on Sat Jun 13, 2009 1:17 pm

Good Day!
Our eligibility envelope was opened and checked and was affirmed passed based on the checklist(REQUIRED DOCUMENTS TO BE SUBMITTED) of the BAC, so they proceeded to our technical and financial proposals which also turned out to have passed all the prescribed documents. On that said bidding process, our company was the lone complying bidder but our documents will be further verified on the post qualification. That bidding was held in the morning, while in the afternoon of the same day there was a pre bid conference for the new project of the procuring entity. One of the participants brought up about the required eligibility document which made the BAC chairman reacted in a way that she seemed to have forgotten that important point in their previous biddings. She also admitted that they always learn in their every bidding process. So she has decided to discuss with the committee about it and then announced to us all participants that they have to implement the said requirement on their next bidding. But one of the participants who also happened to be one of the disqualified bidders on the aforesaid bidding suggested that the BAC should check our completed contracts if we have really met the requirement which is to have completed contracts which are similar to the bid project and that should meet at least 50% of the bid contract. The BAC has provided us documents like the ITB and the summary of the documents to be submitted which served as our checklist, and the BDS which we believe where any supplement or amendment to the instructions should be found. The said significant points to be eligible were not found in any documents provided to us. We were informed by the BAC after their post evaluation that we failed based on the said criterion. We filed a motion for reconsideration but the BAC sustained their earlier decision to disqualify us. Can we still file another motion for reconsideration? The BAC should have known such criterion so they could have declared our eligibility failed thus they shouldn't have opened our technical and financial envelope. The disqualified bidders have already known our price. We have submitted our list of completed contracts which may be evident that we could conform to their bid contract. We could have included our recently finished project if that requirement was specified in the checklist the BAC has given us. Is there any way that our bid will still be considered?
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Re: ELIGIBILITY CRITERION

Post by RDV @ GP3i on Mon Jun 15, 2009 1:48 pm

rpta wrote:Good Day!
Our eligibility envelope was opened and checked and was affirmed passed based on the checklist(REQUIRED DOCUMENTS TO BE SUBMITTED) of the BAC, so they proceeded to our technical and financial proposals which also turned out to have passed all the prescribed documents. On that said bidding process, our company was the lone complying bidder but our documents will be further verified on the post qualification. That bidding was held in the morning, while in the afternoon of the same day there was a pre bid conference for the new project of the procuring entity. One of the participants brought up about the required eligibility document which made the BAC chairman reacted in a way that she seemed to have forgotten that important point in their previous biddings. She also admitted that they always learn in their every bidding process. So she has decided to discuss with the committee about it and then announced to us all participants that they have to implement the said requirement on their next bidding. But one of the participants who also happened to be one of the disqualified bidders on the aforesaid bidding suggested that the BAC should check our completed contracts if we have really met the requirement which is to have completed contracts which are similar to the bid project and that should meet at least 50% of the bid contract. The BAC has provided us documents like the ITB and the summary of the documents to be submitted which served as our checklist, and the BDS which we believe where any supplement or amendment to the instructions should be found. The said significant points to be eligible were not found in any documents provided to us. We were informed by the BAC after their post evaluation that we failed based on the said criterion. We filed a motion for reconsideration but the BAC sustained their earlier decision to disqualify us. Can we still file another motion for reconsideration? The BAC should have known such criterion so they could have declared our eligibility failed thus they shouldn't have opened our technical and financial envelope. The disqualified bidders have already known our price. We have submitted our list of completed contracts which may be evident that we could conform to their bid contract. We could have included our recently finished project if that requirement was specified in the checklist the BAC has given us. Is there any way that our bid will still be considered?

If you were referring to the experience criterion for a bidder to be qualified, which is to have a completed single similar contract equivalent to at least 50% of the ABC within the relevant period required by the procuring entity, and indicated in the IAEB, it is really a requirement.

That is why you are required to submit a statement of all ongoing, completed government and private contracts, including even those contracts awarded but not yet started, to determine if you have the required experience. I wonder why you did not include your recently completed project when what is called for is to include "all" within the relevant period?

If you will be allowed to submit it, that would already be in violation of the rules as it would be considered an improvement of your bid, which is not allowed under our rules.
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Re: ELIGIBILITY CRITERION

Post by rpta on Mon Jun 15, 2009 3:12 pm

We were not informed of the "50% of the ABC"...is there any option in lieu of that requirement? In this case do we still have to file a motion for reconsideration? or should we just acknowledge the disqualification and wait for the rebid?
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Re: ELIGIBILITY CRITERION

Post by rpta on Mon Jun 15, 2009 3:25 pm

The other Procuring agencies are no longer specific with regards to that requirement. We've been in the business for more than 40 years and have always been conforming to the contracts we got into. We've also been catering to the requirements of that agency who conducted the bidding for almost six years now. Could the BAC reconsider our bid for that reason? Those agencies who don't strictly implement the provision for that requirement... are they violating any rule or is it their prerogative?
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Re: ELIGIBILITY CRITERION

Post by engrjhez® on Mon Jun 15, 2009 3:26 pm

rpta wrote:We were not informed of the "50% of the ABC"...is there any option in lieu of that requirement? In this case do we still have to file a motion for reconsideration? or should we just acknowledge the disqualification and wait for the rebid?
The old saying "Ignorance of the law excuses no one." applies.

The law is clear on this provision, as RDV correctly pointed out. In any way, does this criteria not been mentioned in their Invitation to Bid? But even in the absence of such, the Philippine Bidding Documents contained the same provisions consistent with the IRR. You may have not read and examined it well, so I suggest you go back and check for yourself where the lapse began. Very Happy
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Re: ELIGIBILITY CRITERION

Post by RDV @ GP3i on Mon Jun 15, 2009 3:33 pm

rpta wrote:We were not informed of the "50% of the ABC"...is there any option in lieu of that requirement? In this case do we still have to file a motion for reconsideration? or should we just acknowledge the disqualification and wait for the rebid?

A motion for reconsideration will just be a waste of time. Although you were not informed of the requirement for a Single Largest Contract equivalent to at least 50% of the ABC, you were, however, required to submit a statement containing a list all your completed and ongoing contracts. Having failed to include all those you have completed, you were already in default. Unless the BAC would want to court further violating the provision of the law, it may reconsider its decision for failing to inform you during the pre-bid conference, for example. But I doubt it, since the other bidder which informed it of the requirement, will also be looking at how it will act on the situation. So, my suggestion is for you to wait for a re-bid.
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Re: ELIGIBILITY CRITERION

Post by rpta on Mon Jun 15, 2009 4:13 pm

Thanks RDV..
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Re: ELIGIBILITY CRITERION

Post by misty on Wed Jul 01, 2009 5:43 pm

good pm.

is it possible to disqualify a bidder after he has been declared eligible? during the bidding, when his eligibility envelope was opened, he was declared eligible. However, during the post qua, one of the required documents was not present. also, his itr, did not include the back page. i.e., copies of pages 1 and 3 were submitted, page 2 was not submitted.

based on the above, can the bidder be disqualified?

thank you.
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Re: ELIGIBILITY CRITERION

Post by engrjhez® on Wed Jul 01, 2009 6:40 pm

misty wrote:good pm.

is it possible to disqualify a bidder after he has been declared eligible? during the bidding, when his eligibility envelope was opened, he was declared eligible. However, during the post qua, one of the required documents was not present. also, his itr, did not include the back page. i.e., copies of pages 1 and 3 were submitted, page 2 was not submitted.

based on the above, can the bidder be disqualified?

thank you.
Yes this is possible but thru post-disqualification or by virtue of Section 41. But you cannot declare an eligible bidder to be ineligible later. The BAC should not make a push on this coz this draws back to them later.

Just wondering, how could an eligible bidder (with complete documents) suddenly lost paper(s) that is supposed to have been there. If the problem is missing documents, post-disqualification had no basis at all because it is assumed that failure on post-qua is due to reasons of authenticities, legal standings, technical qualifications, and financial capacities. It would appear that the BAC is responsible for such lost because they already have been declared eligible as to completeness. Very Happy
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Re: ELIGIBILITY CRITERION

Post by misty on Wed Jul 01, 2009 9:05 pm

thank you for your quick response.

it will indeed draw back to the BAC later based on what you've explained.

salamat po ulit. you are a big help.
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Re: ELIGIBILITY CRITERION

Post by sunriser431 on Wed Jul 01, 2009 9:20 pm

misty wrote:good pm.

is it possible to disqualify a bidder after he has been declared eligible? during the bidding, when his eligibility envelope was opened, he was declared eligible. However, during the post qua, one of the required documents was not present. also, his itr, did not include the back page. i.e., copies of pages 1 and 3 were submitted, page 2 was not submitted.

based on the above, can the bidder be disqualified?

thank you.

Engrjhez wrote:
Just wondering, how could an eligible bidder (with complete documents) suddenly lost paper(s) that is supposed to have been there. If the problem is missing documents, post-disqualification had no basis at all because it is assumed that failure on post-qua is due to reasons of authenticities, legal standings, technical qualifications, and financial capacities. It would appear that the BAC is responsible for such lost because they already have been declared eligible as to completeness..

I agree with Engrjhez, but then the BAC has another option (refer to the BID Data Sheet ITB clause 23.2) which read as follows "Each Bidder shall submit one (1) original and one (1) Duplicate [insert number of copies required] copies of its Eligibility Documents, Technical Proposal, and Financial Proposal". The suppose lost documents can still be verified in the duplicate copies submitted to the BAC for later reference.Hope this helps
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