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BAC-TWG-Secretariat Liabilities

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BAC-TWG-Secretariat Liabilities

Post by riddler on Fri Jun 19, 2009 9:51 am

Can the Secretariat be held liable for not informing the BAC-TWG of the schedule of Biddings? I am throwing this query to really distinguished each other's liability in the performance of duties of the BAC-TWG-Secretariat. I hope the new IRR should lessen the workloads of BAC-TWG personnel.

Here was our sad Sad story;

Last month the Secretariat posted/advertized procurement for infrastructure schedule. The Secretariat informed the BAC of the schedule for a pre-bid conference which were conducted as schedule not knowing that NO eligibility screening, NO Notice of Eligibility was issued to the Bidders. However, before the opening of the Tech and Financial proposal the BAC learned from the SEcretariat of the abovementioned "boner". Naturally, the BAC unanimously declare a "Failure" of the Bidding?
Since it is the function of the Secretariat to inform the BAC of the Schedule, are they liable for such a mess? Is it the BAC that is only liable to this?
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Fri Jun 19, 2009 10:49 am

ruel wrote:Can the Secretariat be held liable for not informing the BAC-TWG of the schedule of Biddings? I am throwing this query to really distinguished each other's liability in the performance of duties of the BAC-TWG-Secretariat. I hope the new IRR should lessen the workloads of BAC-TWG personnel.

Here was our sad Sad story;

Last month the Secretariat posted/advertized procurement for infrastructure schedule. The Secretariat informed the BAC of the schedule for a pre-bid conference which were conducted as schedule not knowing that NO eligibility screening, NO Notice of Eligibility was issued to the Bidders. However, before the opening of the Tech and Financial proposal the BAC learned from the SEcretariat of the abovementioned "boner". Naturally, the BAC unanimously declare a "Failure" of the Bidding?
Since it is the function of the Secretariat to inform the BAC of the Schedule, are they liable for such a mess? Is it the BAC that is only liable to this?


The Procedure for Infrastructure projects (Competitive Biding)

1. Pre-Procurement
2. Advertisement/posting of IAEB
3 Letter of Intent
4. Eligibility Check for civil works
5. Issuance and availability of bidding documents
5 Pre bid conference
6. Request for clarification
7. Supplemental/Bid bulletin
8. Submission and Opening of Bids
9. Bid Evaluation
10. Post Qualification
11. Approval of Resolution/Issuance of Notice of Award
12. Contract Preparation and Signing
13. Approval of Contract by Higher Authority
14. Issuance of Notice to Proceed

For procurement of Civil Works/Infrastruture projects the bidding involves two stages, first is the Eligibility screening, those pass the first stage will be allowed to proceed to the second stage, the issuance of Bid documents. There are lapses on the preparation of the Invitation to Apply for Eligibility and to Bid, during the pre-procurement conference its the BAC that determines what to include in the Eligibility criteria, The BAC Secretariat will only do the ministerial work,
which is the posting of the IAEB.
Ruel wrote
"NO Notice of Eligibility was issued to the Bidders"
. The reason for this, the IAEB (maybe) did not specify the requirement for the prospective bidder to submit Letter of Intent (LOI). So definitely no eligibility screening can be conducted. Smile
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Fri Jun 19, 2009 3:13 pm

sunriser wrote:The reason for this, the IAEB (maybe) did not specify the requirement for the prospective bidder to submit Letter of Intent (LOI). So definitely no eligibility screening can be conducted.

"Shouldn't we blame the Secretariat for the lapses? Not the BAC? The SEcretariat should have known schedule and requirement before.

sunriser wrote:For procurement of Civil Works/Infrastruture projects the bidding involves two stages, first is the Eligibility screening, those pass the first stage will be allowed to proceed to the second stage, the issuance of Bid documents. There are lapses on the preparation of the Invitation to Apply for Eligibility and to Bid, during the pre-procurement conference its the BAC that determines what to include in the Eligibility criteria, The BAC Secretariat will only do the ministerial work,
which is the posting of the IAEB

THe BAC knows the above stages, but my point is.. why should pass the "buck on the BAC" when after all, it is the SEcretariat's mistake.

I just want to plead the case to the GPPB to really distinguished the liabilities of the BAC-TWG-Secretariat on the new IRR in order that thse bodies should function independently accordingly with attached liabilities.
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Fri Jun 19, 2009 3:26 pm

Sir Ruel if may I ask how many personnel you have in the BAC Secretariat?
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Fri Jun 19, 2009 3:57 pm

sunriser431 wrote:Sir Ruel if may I ask how many personnel you have in the BAC Secretariat?

maybe 10. four regulars and six job-orders.



Our LGU BAC caters to 26 Departments and almost 15 attached offices, that functions like a department with different needs in procurements everyday.

Our BAC affixes its signatures to almost 25 transactions for "Alternative mode of Procurements" from Shopping to Negotiated procurement everyday. It also conducts at 7 to 10 competitive Bidding every friday.

The examination alone of every documents eats a lot of time for the BAC.
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Fri Jun 19, 2009 4:01 pm

ruel wrote:
sunriser wrote:The reason for this, the IAEB (maybe) did not specify the requirement for the prospective bidder to submit Letter of Intent (LOI). So definitely no eligibility screening can be conducted.

"Shouldn't we blame the Secretariat for the lapses? Not the BAC? The SEcretariat should have known schedule and requirement before.

sunriser wrote:For procurement of Civil Works/Infrastruture projects the bidding involves two stages, first is the Eligibility screening, those pass the first stage will be allowed to proceed to the second stage, the issuance of Bid documents. There are lapses on the preparation of the Invitation to Apply for Eligibility and to Bid, during the pre-procurement conference its the BAC that determines what to include in the Eligibility criteria, The BAC Secretariat will only do the ministerial work,
which is the posting of the IAEB

THe BAC knows the above stages, but my point is.. why should pass the "buck on the BAC" when after all, it is the SEcretariat's mistake.

I just want to plead the case to the GPPB to really distinguished the liabilities of the BAC-TWG-Secretariat on the new IRR in order that thse bodies should function independently accordingly with attached liabilities.

Section 41. Reservation Clause

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.) xxxx
b.)If the BAC is found to have failed in following the prescribed bidding procedures
c.)xxxx

The Statement of Section 41.1(a) should be amended to include the BAC Secretariat. But then again, In my opinion, its internal policy within the agency, you can reprimand the personnel concern for not following the prescribe bidding procedure. I think GPPB will no longer entertain with this kind of query. Section 14.1 already spell out the Functions and the responsibilities of the BAC Secretariat.


Last edited by sunriser431 on Fri Jun 19, 2009 11:02 pm; edited 2 times in total
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Fri Jun 19, 2009 4:33 pm

ruel wrote:
sunriser431 wrote:Sir Ruel if may I ask how many personnel you have in the BAC Secretariat?

maybe 10. four regulars and six job-orders.

Our LGU BAC caters to 26 Departments and almost 15 attached offices, that functions like a department with different needs in procurements everyday.

Our BAC affixes its signatures to almost 25 transactions for "Alternative mode of Procurements" from Shopping to Negotiated procurement everyday. It also conducts at 7 to 10 competitive Bidding every friday.

The examination alone of every documents eats a lot of time for the BAC.

Thanks Sir Ruel for the info. at least you are much better situation than us. For my part One Head and One Assistant thats all no more no less, but inspite of all the problems, we can still manage the situation. we'll make sure, to check, double check again, and again all the procurement proceedings, thats why we never encounter this kind of problem since assuming office way back 2003. Not to mention we dont receive any extra renumeration. But in the end, its the satisfaction we get at the end of each day. I believe every Bidding is unique in every situation, and its a challenge for us, and we take it seriously.


Last edited by sunriser431 on Sat Jun 20, 2009 8:19 am; edited 1 time in total
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Re: BAC-TWG-Secretariat Liabilities

Post by engrjhez® on Fri Jun 19, 2009 6:59 pm

ruel wrote:Can the Secretariat be held liable for not informing the BAC-TWG of the schedule of Biddings? I am throwing this query to really distinguished each other's liability in the performance of duties of the BAC-TWG-Secretariat. I hope the new IRR should lessen the workloads of BAC-TWG personnel.

Here was our sad Sad story;

Last month the Secretariat posted/advertized procurement for infrastructure schedule. The Secretariat informed the BAC of the schedule for a pre-bid conference which were conducted as schedule not knowing that NO eligibility screening, NO Notice of Eligibility was issued to the Bidders. However, before the opening of the Tech and Financial proposal the BAC learned from the SEcretariat of the abovementioned "boner". Naturally, the BAC unanimously declare a "Failure" of the Bidding?
Since it is the function of the Secretariat to inform the BAC of the Schedule, are they liable for such a mess? Is it the BAC that is only liable to this?
This mess may come from one root - the APP.

If the APP is not updated as it is to be implemented, then there's always a room for lapses. In the APP, the schedules from Pre-Proc to Delivery and Acceptance is clearly a part. It sometimes (or always) happen if the APP is re-aligned or modified frequently. Since the Secretariat is mandated to consolidate the updated PPMPs into updated APP, it follows that the problem in scheduling is really a BAC Secretariat problem. Now, will the BAC Secretariat be sanctioned? For me, an "internal disciplinary" action may be enough for the person(s) responsible. And since the BAC is the "real" procurement machinery, it is just like the BAC cannot pass on liability of our office works to our "house maids" entrusted to do some of our work assignments.

In the end, the BAC may recommend retention or termination of the Secretariat/TWG services depending on their performance, just like the HOPE can practice the same for BAC members. Very Happy
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Sat Jun 20, 2009 8:38 am

engrjhez wrote:
ruel wrote:Can the Secretariat be held liable for not informing the BAC-TWG of the schedule of Biddings? I am throwing this query to really distinguished each other's liability in the performance of duties of the BAC-TWG-Secretariat. I hope the new IRR should lessen the workloads of BAC-TWG personnel.

Here was our sad Sad story;

Last month the Secretariat posted/advertized procurement for infrastructure schedule. The Secretariat informed the BAC of the schedule for a pre-bid conference which were conducted as schedule not knowing that NO eligibility screening, NO Notice of Eligibility was issued to the Bidders. However, before the opening of the Tech and Financial proposal the BAC learned from the SEcretariat of the abovementioned "boner". Naturally, the BAC unanimously declare a "Failure" of the Bidding?
Since it is the function of the Secretariat to inform the BAC of the Schedule, are they liable for such a mess? Is it the BAC that is only liable to this?
This mess may come from one root - the APP.

If the APP is not updated as it is to be implemented, then there's always a room for lapses. In the APP, the schedules from Pre-Proc to Delivery and Acceptance is clearly a part. It sometimes (or always) happen if the APP is re-aligned or modified frequently. Since the Secretariat is mandated to consolidate the updated PPMPs into updated APP, it follows that the problem in scheduling is really a BAC Secretariat problem. Now, will the BAC Secretariat be sanctioned? For me, an "internal disciplinary" action may be enough for the person(s) responsible. And since the BAC is the "real" procurement machinery, it is just like the BAC cannot pass on liability of our office works to our "house maids" entrusted to do some of our work assignments.

In the end, the BAC may recommend retention or termination of the Secretariat/TWG services depending on their performance, just like the HOPE can practice the same for BAC members. Very Happy

We should not point the muzzle of the gun and fire indiscriminately to the BAC Secretariat, but instead take a look at the root cause of the problem. for similar topic refer to this link
http://gppb.topicsolutions.net/forum-s-mitt-f7/survey-on-the-bac-secretariat-and-its-staff-t215.htm pig
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Sat Jun 20, 2009 9:21 am

sunriser431 wrote:
ruel wrote:
sunriser431 wrote:Sir Ruel if may I ask how many personnel you have in the BAC Secretariat?

maybe 10. four regulars and six job-orders.

Our LGU BAC caters to 26 Departments and almost 15 attached offices, that functions like a department with different needs in procurements everyday.

Our BAC affixes its signatures to almost 25 transactions for "Alternative mode of Procurements" from Shopping to Negotiated procurement everyday. It also conducts at least 7 to 10 competitive Bidding every friday.

The examination alone of every documents eats a lot of time for the BAC.

Thanks Sir Ruel for the info. at least you are much better situation than us. For my part One Head and One Assistant thats all no more no less, but inspite of all the problems, we can still manage the situation. we'll make sure, to check, double check again, and again all the procurement proceedings, thats why we never encounter this kind of problem since assuming office way back 2003. Not to mention we dont receive any extra renumeration. But in the end, its the satisfaction we get at the end of each day. I believe every Bidding is unique in every situation, and its a challenge for us, and we take it seriously.

Sunriser, I believed the BAC of GOCC's, SUC's,and other NG's are much better than LGUS's. aS i HAVE mentioned in my previous posts, procurements of GOCC's, SUC's, and other National Agencies are focused only on the needs of there own particular Departments kaya madali para sa kanila. while LGU's BAC caters to almost 31 different DEPARMENTS (Can you belived that? affraid ) from PNP procurements, Bureau of Fire Protection, Assistance to procurements for Local Water Districts, Health, Dep-Eds, Slaughterhouse, etc, etc, (because they are funded from our LGU's Local Budget).

and the worst part... most of this Departments does not know how to prepare their PPMP! And the Secretariat complained 0f consolidating the APP's (Buti sana kung Office supplies lang)ha ha ha Laughing Kaya kung pwde lang mag resign sa BAC, all of its members will do (to hell with the Honorarium) (pun intended). Laughing

yung point ko kanina, pag dating sa liabilities dapat meron distinction sa BAC-TWG-SEcreatriat, Ibig kung sabihin, pag nasa territory nung TWG and the Secretariat ang lapses dapat sagot nila yun! Pag sa BAC ang lapses sagot din nila.Can the new IRR do that?


Last edited by ruel on Tue Jun 23, 2009 2:21 pm; edited 2 times in total
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Re: BAC-TWG-Secretariat Liabilities

Post by RDV @ GP3i on Sat Jun 20, 2009 12:24 pm

ruel wrote:Can the Secretariat be held liable for not informing the BAC-TWG of the schedule of Biddings? I am throwing this query to really distinguished each other's liability in the performance of duties of the BAC-TWG-Secretariat. I hope the new IRR should lessen the workloads of BAC-TWG personnel.

Here was our sad Sad story;

Last month the Secretariat posted/advertized procurement for infrastructure schedule. The Secretariat informed the BAC of the schedule for a pre-bid conference which were conducted as schedule not knowing that NO eligibility screening, NO Notice of Eligibility was issued to the Bidders. However, before the opening of the Tech and Financial proposal the BAC learned from the SEcretariat of the abovementioned "boner". Naturally, the BAC unanimously declare a "Failure" of the Bidding?
Since it is the function of the Secretariat to inform the BAC of the Schedule, are they liable for such a mess? Is it the BAC that is only liable to this?

I think it is, generally, the BAC's fault. Consider the following:

1. When the IAEB was prepared, the deadline for submission of LOI and eligibility documents/conduct of eligibility check, should have been indicated also. Those are part of BAC's responsibilities, which it has apparently failed to indicate in the IAEB, so that the BAC Secretariat should have been properly guided.

2. When the BAC conducted the pre-bid conference, it did not even verify that those who attended are the eligible bidders? The responsibility of conducting eligibility check is with the BAC, why is it that it did not even wonder why they are already conducting a pre-bid conference without first conducting eligibility check?

The BAC Secretariat should also be held liable, not only for forgetting to remind the BAC of the schedules of meetings, but for selling the bid documents to bidders who were not previously declared eligible by the BAC to participate in the bidding process.
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Sat Jun 20, 2009 12:55 pm

RDV wrote:I think it is, generally, the BAC's fault. Consider the following:

1. When the IAEB was prepared, the deadline for submission of LOI and eligibility documents/conduct of eligibility check, should have been indicated also. Those are part of BAC's responsibilities, which it has apparently failed to indicate in the IAEB, so that the BAC Secretariat should have been properly guided.

It was actually indicated in the IAEB. But, the BAC-Secretariat did not sent notice to the BAC of the Schedule for Eligibilty check. Although It is the BAC's responsibilty, but the sECRetariat should be held liable too kung merong problema.

if possible, i suggest that the new IRR shall distinguished or spell out the responsibility of the TWG and the Secretariat along with its liabilities, not just zeroing on the BAC's BACK. cheers

RDV wrote:
2. When the BAC conducted the pre-bid conference, it did not even verify that those who attended are the eligible bidders? The responsibility of conducting eligibility check is with the BAC, why is it that it did not even wonder why they are already conducting a pre-bid conference without first conducting eligibility check?

The BAC did really forgot to verify sa dami ng Bidding Schedules namin RDV , because we already assumed that there already was a Notice of Eleigibility, and the fact that NONE OF THE BIDDERS ATTENDED the pre- bid meeting (kumpyansa talaga) since the Contractors are already doing business in the LGU's for the past 20 years.
RDV wrote:
The BAC Secretariat should also be held liable, not only for forgetting to remind the BAC of the schedules of meetings, but for selling the bid documents to bidders who were not previously declared eligible by the BAC to participate in the bidding process

yun nga ang point ko RDV, the SEcretariat should have required first the a NOTICE OF ELIGIBILITY from the Bidders before selling the Bid Documents. The lapses could have been avoided.

Sad Sad
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Re: BAC-TWG-Secretariat Liabilities

Post by engrjhez® on Sat Jun 20, 2009 2:12 pm

After a thorough discussion above. I am into suggestion a POLL be opened up to all LGU BAC MEMBERS :

Are you willing to give up your membership in the BAC to someone next in rank from your department?

First, this will solve the plea of Department Heads of LGUs if the responsibility is too much to handle for their current position. This may require AMENDING the IRR from minimum of "third ranking" to at least "second level" plantilla positions. If LGU BACs generally are burdened with the functions, I believe there are many "next in lines" willing to take the "prestigious" BAC membership. Very Happy

Next, I would agree in the advocacy of Engr.Ruel to delegate the functions of the BAC Secretariat to the General Services Division (or Property Office), with its Head being the Head of the Secretariat. These proposals and concerns, I think, must be elevated to the GPPB very soon.

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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Sat Jun 20, 2009 3:02 pm

ruel wrote:
RDV wrote:I think it is, generally, the BAC's fault. Consider the following:

1. When the IAEB was prepared, the deadline for submission of LOI and eligibility documents/conduct of eligibility check, should have been indicated also. Those are part of BAC's responsibilities, which it has apparently failed to indicate in the IAEB, so that the BAC Secretariat should have been properly guided.

It was actually indicated in the IAEB. But, the BAC-Secretariat did not sent notice to the BAC of the Schedule for Eligibilty check. Although It is the BAC's responsibilty, but the sECRetariat should be held liable too kung merong problema.

if possible, i suggest that the new IRR shall distinguished or spell out the responsibility of the TWG and the Secretariat along with its liabilities, not just zeroing on the BAC's BACK. cheers

RDV wrote:
2. When the BAC conducted the pre-bid conference, it did not even verify that those who attended are the eligible bidders? The responsibility of conducting eligibility check is with the BAC, why is it that it did not even wonder why they are already conducting a pre-bid conference without first conducting eligibility check?

The BAC did really forgot to verify sa dami ng Bidding Schedules namin RDV , because we already assumed that there already was a Notice of Eleigibility, and the fact that NONE OF THE BIDDERS ATTENDED the pre- bid meeting (kumpyansa talaga) since the Contractors are already doing business in the LGU's for the past 20 years.
RDV wrote:
The BAC Secretariat should also be held liable, not only for forgetting to remind the BAC of the schedules of meetings, but for selling the bid documents to bidders who were not previously declared eligible by the BAC to participate in the bidding process

yun nga ang point ko RDV, the SEcretariat should have required first the a NOTICE OF ELIGIBILITY from the Bidders before selling the Bid Documents. The lapses could have been avoided.

Sad Sad

For Purpose of Discussion
Actually the Bid documents can be sold to any interested bidder, even those who did not pass the eligibility requirements, but during the schedule opening of bids, they are not allowed to participate the bidding proper. Cool
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Sat Jun 20, 2009 3:33 pm

sunriser wrote:For Purpose of Discussion
Actually the Bid documents can be sold to any interested bidder, even those who did not pass the eligibility requirements, but during the schedule opening of bids, they are not allowed to participate the bidding proper.

for the Procurement of Infrastructures you need to pass the Eligibility Check First before the prospective bidders are allowed to purchase Bid documents. The Bidders need to show proof of its Eligibility (Notice of Eligibility from the BAC) before it'll be allowed to purchase the Bid Docs.
Unlike in the procurement of goods which the Eligibilty Documents and Bid documents are package as one that are readily availble for purchase to prospective bidders.
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Sat Jun 20, 2009 4:20 pm

Actually there is no prohibition on selling of bid documents, what was prohibited is the submission of the bids of the Bidders during the bid opening, additional income for BAC and for their honorarium Cool
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Re: BAC-TWG-Secretariat Liabilities

Post by engrjhez® on Sun Jun 21, 2009 12:23 am

sunriser431 wrote:
For Purpose of Discussion
Actually the Bid documents can be sold to any interested bidder, even those who did not pass the eligibility requirements, but during the schedule opening of bids, they are not allowed to participate the bidding proper. Cool
sunriser431 wrote:Actually there is no prohibition on selling of bid documents, what was prohibited is the submission of the bids of the Bidders during the bid opening, additional income for BAC and for their honorarium Cool
Although this is not prohibited, this must not be applied to infrastructure and consulting services due to ethical reasons. This is a lose-lose situation for bidders. Even if purchasing the "bid docs" is a sure "income" for the BAC Trust Fund, I believe the spirit and justice of the law is not served from such practice. Surprised
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Sun Jun 21, 2009 9:13 am

engrjhez wrote:
sunriser431 wrote:
For Purpose of Discussion
Actually the Bid documents can be sold to any interested bidder, even those who did not pass the eligibility requirements, but during the schedule opening of bids, they are not allowed to participate the bidding proper. Cool
sunriser431 wrote:Actually there is no prohibition on selling of bid documents, what was prohibited is the submission of the bids of the Bidders during the bid opening, additional income for BAC and for their honorarium Cool
Although this is not prohibited, this must not be applied to infrastructure and consulting services due to ethical reasons. This is a lose-lose situation for bidders. Even if purchasing the "bid docs" is a sure "income" for the BAC Trust Fund, I believe the spirit and justice of the law is not served from such practice. Surprised

This one of the gray areas that need to be address properly, but then again lets try to be positive. For those prospective bidders who have no experience how the government conduct the biddings/procurement process, this now the opportunity for them. To have a first hand information the IN/OUTs for government/procurements. Surprised Like a Star @ heaven
Also the ITB must clearly state the instructions/procedure to be followed to avoid future problems. WIN WIN situation.
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Re: BAC-TWG-Secretariat Liabilities

Post by RDV @ GP3i on Sun Jun 21, 2009 9:44 am

sunriser431 wrote:Actually there is no prohibition on selling of bid documents, what was prohibited is the submission of the bids of the Bidders during the bid opening, additional income for BAC and for their honorarium Cool

Engr. ruel is right, bid docs should be sold only to those who pass eligibility check (in the case of infra) or to short-listed consultants (in the case of consulting services). Those who fail are NOT allowed to purchase the bid docs.

In the proposed IRR, as far as procurement of infra is concerned, if will be a little different. The situation will be similar to GOODS because eligibility documents will have to be submitted together with the bids (technical and financial). Actually, for both goods and infra, the eligibility documents will be contained in the technical proposal. In other words, instead of the 3-envelope system it will only be a 2-envelope system - technical proposal envelope (which will also contain the eligibility requirements) and the financial proposal envelope.
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Mon Jun 22, 2009 10:48 am

engrjhez wrote:
sunriser431 wrote:
For Purpose of Discussion
Actually the Bid documents can be sold to any interested bidder, even those who did not pass the eligibility requirements, but during the schedule opening of bids, they are not allowed to participate the bidding proper. Cool
sunriser431 wrote:Actually there is no prohibition on selling of bid documents, what was prohibited is the submission of the bids of the Bidders during the bid opening, additional income for BAC and for their honorarium Cool
Although this is not prohibited, this must not be applied to infrastructure and consulting services due to ethical reasons. This is a lose-lose situation for bidders. Even if purchasing the "bid docs" is a sure "income" for the BAC Trust Fund, I believe the spirit and justice of the law is not served from such practice. Surprised


Section 13. Observers

13.1. To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the COA, at least two (2) observers to sit in its proceedings:
1. At least one (1) shall come from a duly recognized private group in a sector or discipline relevant to the procurement at hand, for example:
a) For infrastructure projects –
(i) xxxx
and
(ii) The Philippine Institute of Civil Engineers (PICE).
b) For goods
A xxxx
c) For consulting services -
(i) A project-related professional organization accredited or duly recognized by the Professional Regulation Commission (PRC) or the Supreme Court (SC), such as, but not limited to:
The Philippine Institute of Civil Engineers (PICE)
xxxx
2. The other observer shall come from a non-government organization
(NGO).

In as much these Bid Documents are also given to Observers for free,(is this violations of the GPRA?). I see no reason why these very same Bid documents cannot be sold to bidders even thought they have not gone through the process of eligibility check (Prohibited is the submission of Bids). For ethical reasons, is there way for the procuring entity to know and guarantee the preservation of this Bid documents provided/given to observers. Fortunately no audit observation nor Audit dissallowance report issued yet. Cool
.
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Re: BAC-TWG-Secretariat Liabilities

Post by RDV @ GP3i on Mon Jun 22, 2009 11:20 am

sunriser431 wrote:In as much these Bid Documents are also given to Observers for free,(is this violations of the GPRA?). I see no reason why these very same Bid documents cannot be sold to bidders even thought they have not gone through the process of eligibility check (Prohibited is the submission of Bids). For ethical reasons, is there way for the procuring entity to know and guarantee the preservation of this Bid documents provided/given to observers. Fortunately no audit observation nor Audit dissallowance report issued yet. Cool
.

Generic Procurement Manual, Vol. 3, p.41:

The bidding documents must be issued after the conduct of eligibility check and the same
must be available for at least seven (7) calendar days from the date the bidding documents
were issued. (IRR-A Section 21.2.2) . Prospective bidders must be allowed to acquire or
purchase the bidding documents as soon as they are found eligible to participate in the
bidding
(IRR-A Section 23.1)

Sec. 23.1, IRR-A:

23.1. The eligibility requirements or statements shall be submitted to the BAC in the form prescribed in Section 23.6 of this IRR-A and in the Instructions to Bidders, in a sealed eligibility envelope duly marked as such: Provided, however, That the minimum requirements provided for in this IRR-A shall be complied with. The eligibility envelopes of prospective bidders for the procurement of goods shall be submitted, together with the technical and financial envelopes, on or before the deadline specified in the Instructions to Bidders, and shall be openedon the date of the bid opening to determine eligibility of each of the prospective bidders. The eligibility envelopes of prospective bidders for the procurement of infrastructure projects shall be submitted on or before the deadline specified in the Invitation to Apply for Eligibility and to Bid, and shall be opened before the dates of the pre-bid conference and bid opening to determine eligibility of prospective bidders, who shall then be allowed to acquire or purchase the relevant bidding documents from the procuring entity.
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Mon Jun 22, 2009 12:03 pm

You are right RDV. In addition, the Bidder must present their Notice of Eligibility to the Secretariat (for infrastructures) before they are allowed to purchase the bidding documents.

Wait a minute RDV. Parang nagkahalo halo ata yung usapan natin? Dati BAC-TWG-Secretariat liabilities yung usapan natin dito. Can the moderator fix these? transfer sa dapat na forum yung mga opinions na nag "mix-up" sa ibang forum. ha ha ha. Very Happy
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Re: BAC-TWG-Secretariat Liabilities

Post by riddler on Fri Jun 26, 2009 3:16 am

In the absence of any BAC Members or Chairman although there is a quorum, during the opening and awarding of Bids, will thier absence relieved them from liabilities?
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Re: BAC-TWG-Secretariat Liabilities

Post by sunriser431 on Fri Jun 26, 2009 4:38 pm

ruel wrote:In the absence of any BAC Members or Chairman although there is a quorum, during the opening and awarding of Bids, will thier absence relieved them from liabilities?

In my opinion BAC is a collegial body, its members are entitled to vote during the bidding proceedings, furthermore responsibilities are shared equally among its members. If one member is absent, definitely he/she will not be held accountable, But the consequence less Honorarium Smile Peace to all BAC/members.
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Re: BAC-TWG-Secretariat Liabilities

Post by engrjhez® on Fri Jun 26, 2009 10:17 pm

sunriser431 wrote:
ruel wrote:In the absence of any BAC Members or Chairman although there is a quorum, during the opening and awarding of Bids, will thier absence relieved them from liabilities?

In my opinion BAC is a collegial body, its members are entitled to vote during the bidding proceedings, furthermore responsibilities are shared equally among its members. If one member is absent, definitely he/she will not be held accountable, But the consequence less Honorarium Smile Peace to all BAC/members.
I don't think that would be fair enough. Besides, honoraria is based on successfully completed procurement. If you are absent on a certain proceeding but participated the rest, and that the number of participated biddings successfully achieved quota on the maximum average limit equivalent to 25% of the basic monthly salary, that would be of no effect. Also, there is no such guideline to compute for honoraria in a direct proportion to the percentage of participation in a certain procurement. Evil or Very Mad
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