Latest topics

Technical Specs

View previous topic View next topic Go down

Technical Specs

Post by rpta on Wed Jun 17, 2009 6:38 pm

What if the items requested by the PROCURING ENTITY are already phased-out before the bidding and we have informed the BAC about it with supporting documents from our suppliers, yet they still insist on their request?........We know we will be disqualified due to non compliance with the technical specs if we will still push through with our bid but are they not being unfair? We bought their bid forms yet we couldn't participate because of the aforesaid reason. What should we do?


Last edited by rpta on Wed Jun 17, 2009 6:40 pm; edited 1 time in total (Reason for editing : lacking one word)
avatar
rpta
New Member
New Member

Female Number of posts : 13
Company/Agency : mds
Occupation/Designation : executive assistant
Registration date : 2009-06-13

Back to top Go down

Re: Technical Specs

Post by engrjhez® on Wed Jun 17, 2009 9:44 pm


I believe phasing out doesn't happen in an instant. But let us say it did happen. Can't you give an equivalent or superior specs to that item? This and more has to be clarified further.

Nevertheless, the Procuring Entity, being the buyer, has the upperhand on this. There has to be a reason for choosing that specific (now phased out) specification. Considering the assumed fact, then there will be no more bidders who can provide that specs - and the bidding will eventually fail.

Sec. 41.1. The procuring entity reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract in the following situations:

(a) x x x

(b) x x x

(c) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the Government as follows: (i) if the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity; (ii) if the project is no longer necessary as determined by the head of the procuring entity; and (iii) if the source of funds for the project has been withheld or reduced through no fault of the procuring entity.


...without thereby incurring any liability to the affected bidder or bidders. Smile

This is known as the "Reservation Clause" and it is a statement inclusive of the Invitation to Apply for Eligibility and to Bid"
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Technical Specs

Post by rpta on Thu Jun 18, 2009 11:28 am

We've also offered equivalent brands when we informed the Procuring Entity of the phased out specs. Our co-bidders have also faxed the same concern to the BAC. This only means that those items are really no longer available in the market. We're informing them before the bidding so they could still have time for changes or amendments in the specs. We don't understand why they insist when all of us bidders have already advised them of the unavailability of their required specs and they know that it would only result to failure of bidding since no one would be able to comply with the technical specs.
avatar
rpta
New Member
New Member

Female Number of posts : 13
Company/Agency : mds
Occupation/Designation : executive assistant
Registration date : 2009-06-13

Back to top Go down

Re: Technical Specs

Post by engrjhez® on Thu Jun 18, 2009 7:11 pm

rpta wrote:We've also offered equivalent brands when we informed the Procuring Entity of the phased out specs. Our co-bidders have also faxed the same concern to the BAC. This only means that those items are really no longer available in the market. We're informing them before the bidding so they could still have time for changes or amendments in the specs. We don't understand why they insist when all of us bidders have already advised them of the unavailability of their required specs and they know that it would only result to failure of bidding since no one would be able to comply with the technical specs.
If that is the case, you may have no other choice but to proceed with the bidding with your offer of equivalent or superior specs to that required. Whatever the BAC's decision afterwards shall be the basis of you next action. If all that matters is the specs, you could file a motion for reconsideration (MR). To be continued... Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Technical Specs

Post by sunriser431 on Thu Jun 18, 2009 11:11 pm

rpta wrote:We've also offered equivalent brands when we informed the Procuring Entity of the phased out specs. Our co-bidders have also faxed the same concern to the BAC. This only means that those items are really no longer available in the market. We're informing them before the bidding so they could still have time for changes or amendments in the specs. We don't understand why they insist when all of us bidders have already advised them of the unavailability of their required specs and they know that it would only result to failure of bidding since no one would be able to comply with the technical specs.

From the limited information you have provided regarding the items to be bidded, your offer is the equivalent brand, thats the reason why the BAC have not accepted your request, maybe it would be better if you offered Equivalent Specifications not the equivalent brand. please refer to the following statement. For Reference

Section VII. Technical Specifications

Notes for Preparing the Technical Specifications

A set of precise and clear specifications is a prerequisite for Bidders to respond realistically and competitively to the requirements of the PROCURING ENTITY without qualifying their Bids. In the context of Competitive Bidding, the specifications must be prepared to permit the widest possible competition and, at the same time, present a clear statement of the required standards of workmanship, materials, and performance of the goods and services to be procured. Only if this is done will the objectives of transparency, equity, efficiency, fairness and economy in procurement be realized, responsiveness of Bids be ensured, and the subsequent task of Bid evaluation and post-qualification facilitated. The specifications should require that all items, materials and accessories to be included or incorporated in the goods be new, unused, and of the most recent or current models, and that they include or incorporate all recent improvements in design and materials unless otherwise provided in the Contract.

Samples of specifications from previous similar procurements are useful in this respect. The use of metric units is encouraged. Depending on the complexity of the goods and the repetitiveness of the type of procurement, it may be advantageous to standardize the General Technical Specifications and incorporate them in a separate subsection. The General Technical Specifications should cover all classes of workmanship, materials, and equipment commonly involved in manufacturing similar goods. Deletions or addenda should then adapt the General Technical Specifications to the particular procurement.

Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of standards for equipment, materials, and workmanship, recognized Philippine and international standards should be used as much as possible. Where other particular standards are used, whether national standards or other standards, the specifications should state that equipment, materials, and workmanship that meet other authoritative standards, and which ensure at least a substantially equal quality than the standards mentioned, will also be acceptable. The following clause may be inserted in the Special Conditions of Contract or the Technical Specifications.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Technical Specifications to specific standards and codes to be met by the goods and materials to be furnished or tested, the provisions of the latest edition or revision of the relevant standards and codes shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national or relate to a particular country or region, other authoritative standards that ensure substantial equivalence to the standards and codes specified will be acceptable.

Reference to brand name and catalogue number should be avoided as far as possible; where unavoidable they should always be followed by the words “or at least equivalent.” References to brand names cannot be used when the Funding Source is the GOP.

Where appropriate, drawings, including site plans as required, may be furnished by the PROCURING ENTITY with the Bidding Documents. Similarly, the Supplier may be requested to provide drawings or samples either with its Bid or for prior review by the PROCURING ENTITY during contract execution.

Bidders are also required, as part of the technical specifications, to complete their statement of compliance demonstrating how the items comply with the specification.

Statement of Compliance

Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. A statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid evaluation, post-qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the provisions of ITB Clause 3.1(a.2) and/or GCC Clause 2.1(a.2)
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Technical Specs

Post by rpta on Fri Jun 19, 2009 12:24 pm

Re: Technical Specs

New post sunriser431 Yesterday at 10:11 pm

rpta wrote:We've also offered equivalent brands when we informed the Procuring Entity of the phased out specs. Our co-bidders have also faxed the same concern to the BAC. This only means that those items are really no longer available in the market. We're informing them before the bidding so they could still have time for changes or amendments in the specs. We don't understand why they insist when all of us bidders have already advised them of the unavailability of their required specs and they know that it would only result to failure of bidding since no one would be able to comply with the technical specs.



From the limited information you have provided regarding the items to be bidded, your offer is the equivalent brand, thats the reason why the BAC have not accepted your request, maybe it would be better if you offered Equivalent Specifications not the equivalent brand. please refer to the following statement.



We meant equivalent brands and specifications....
avatar
rpta
New Member
New Member

Female Number of posts : 13
Company/Agency : mds
Occupation/Designation : executive assistant
Registration date : 2009-06-13

Back to top Go down

Re: Technical Specs

Post by venom.0420 on Fri Jun 19, 2009 12:55 pm

rpta wrote:What if the items requested by the PROCURING ENTITY are already phased-out before the bidding and we have informed the BAC about it with supporting documents from our suppliers, yet they still insist on their request?........We know we will be disqualified due to non compliance with the technical specs if we will still push through with our bid but are they not being unfair? We bought their bid forms yet we couldn't participate because of the aforesaid reason. What should we do?

Hi RPTA,

Based on your post, it was already clear on your part that your bids will be disqualified by the BAC so why would you still buy their bid docs knowing that will eventually happen? Engrjhez said it correctly that the procuring entity has the upperhand on this because they can always execise the reservation clause.

If I was in your position, with the knowledge that those items to be bidded have phased-out already, I'll just play the wait and see game. Since the items are no longer available, no matter how many times the procuring entity bid those, it will simply fail. The BAC and the procuring entity, as early as the second failed bidding will realize that and eventually change the specs of the items, then you know what to do.

Hope this helps.
avatar
venom.0420
Active Poster
Active Poster

Male Number of posts : 98
Company/Agency : Government
Occupation/Designation : Government Employee
Registration date : 2009-01-05

Back to top Go down

Re: Technical Specs

Post by rpta on Fri Jun 19, 2009 3:10 pm

for Venom, we bought the bid docs during the pre bid and we could not see the required specs if we will not buy the documents first...
avatar
rpta
New Member
New Member

Female Number of posts : 13
Company/Agency : mds
Occupation/Designation : executive assistant
Registration date : 2009-06-13

Back to top Go down

Re: Technical Specs

Post by sunriser431 on Fri Jun 19, 2009 3:21 pm

rpta wrote:for Venom, we bought the bid docs during the pre bid and we could not see the required specs if we will not buy the documents first...

Could you give us the General Specifications of the items. example Desktop Computer? or Laptop Computer? Xerox machine? etc..
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Technical Specs

Post by engrjhez® on Fri Jun 19, 2009 6:37 pm

rpta wrote:for Venom, we bought the bid docs during the pre bid and we could not see the required specs if we will not buy the documents first...
Are the items to be purchased not identified in the Phil-GEPS? Or in the website of the Procuring Entity (if available)? I wonder how would you be interested in joining the procurement of something you still not aware of.

Nevertheless, as I previously replied, your next action may depend on the decision of the BAC. If your bid substantially complied all the requirements and the specifications (not exactly the brand) equivalent in terms of performance and quality standards, the BAC may find a hard time justifying "failure" against your proposal.

Update us for the next episode Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Technical Specs

Post by RDV @ GP3i on Sat Jun 20, 2009 11:38 am

rpta wrote:We've also offered equivalent brands when we informed the Procuring Entity of the phased out specs. Our co-bidders have also faxed the same concern to the BAC. This only means that those items are really no longer available in the market. We're informing them before the bidding so they could still have time for changes or amendments in the specs. We don't understand why they insist when all of us bidders have already advised them of the unavailability of their required specs and they know that it would only result to failure of bidding since no one would be able to comply with the technical specs.

My suggestion is, you write a letter informing the procuring entity that you cannot participate for the reason that the specifications are already phased out and no company would be able to comply with its requirement, and return the bid docs and ask for a refund.

I have the feeling that despite the information that the item being procured is already phased out, the procuring entity wanted to proceed anyway so that failure of bidding will ensue. Or maybe, there is another supplier which has a old stock it wanted to dispose, and the procuring entity does not even care if there would be no after sales support for the phased-out product.

If the procuring entity proceeds with the bidding, it is really worth watching. It could be the basis for possible filing of administrative and criminal cases against all those involved.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Technical Specs

Post by sunriser431 on Sun Jun 21, 2009 9:30 am

rpta wrote:What if the items requested by the PROCURING ENTITY are already phased-out before the bidding and we have informed the BAC about it with supporting documents from our suppliers, yet they still insist on their request?........We know we will be disqualified due to non compliance with the technical specs if we will still push through with our bid but are they not being unfair? We bought their bid forms yet we couldn't participate because of the aforesaid reason. What should we do?

I believe the BAC is just following the procedure of competitive biddding. I ll be waiting for the outcome/results, regarding this situation. Neutral
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Technical Specs

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum