failure of bidding

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failure of bidding

Post by jscn on Tue Jun 30, 2009 12:15 am

Smile a pleasant day to everyone! i would like to get your opinions re: bac decision of declaring a failure. i've just attended this bidding wherein the rest of my co-bidders were declared ineligeble for non compliance with the sealing and marking of their bids. as i have complied with the sealing and marking, my eligibility envelope was opened. the bac members have gone through all of my eligibilty documents then they declared for a break as to the reason that they have to confer for a decision.

after the break, the bac called on all bidders and announced that the bidding is being declared a failure for the reason that all of us (bidders) were declared as ineligible on the grounds of not following the sealing and marking, and for not submitting my "original" licences (dti, mayor's permit, philgeps, FS, TIN) per se in my original eligibility envelope. the bac spokesperson after announcing the failure automatically stated their invitation for rebidding. i argued that i do not need to submit the real "original documents" as i have attached in the eliginility envelope my sworn statement of "authentic and original copy, or a true and faithful reproduction or copy of the original.... " which answers why i did not submit my "original" licenses. i even mentioned that as i have passed all the required eligibility documents needed, then its' verification, validation and ascertaining vis a vis the "original" licenses will be done during the post qualification procedure. the bac spokesperson was firmly stating that their decision is final and that what they wanted to see in the original eliginility envelope were the real "original" licenses.

i expressed my intent for filing an MR but it was also denied as they claim that i did not comply with their requirement thus the bidding is a failure. i answered back that having been declared as ineligible, then i have the right to file for an MR but then one bac member answered that they have already declared a failure thus they cannot entertain MR's.


any opinions on this scenario is most welcome.
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Re: failure of bidding

Post by riddler on Tue Jun 30, 2009 9:04 am

Based on your above- mentioned statement, I believed you should be declared Eligiblle. As to your request for MR, may I ask if the BAC did return your Eligibility Documents after declaring all bidders as failure or ineligible? Did you received it? Did the BAC read to you your rights how to file the MR? If you received your Eligibiltiy Documents at that instance, then you already accepted the fact that there is a failure of bidding. You cannot file MR if you already received your non-complying Documents. Otherwise, you should verbally manifest your intention to file an MR within 3 days, because to file an MR is your "right" under RA 9184.
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Re: failure of bidding

Post by jscn on Tue Jun 30, 2009 10:38 am

Thank you for your response ruel!
I have left all the contents of my envelope with the bac.
May i know if there are any documents i could submit to support my argument that licenses may not be submitted as original per se?
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Re: failure of bidding

Post by riddler on Tue Jun 30, 2009 11:53 am

jscn wrote:Thank you for your response ruel!
I have left all the contents of my envelope with the bac.
May i know if there are any documents i could submit to support my argument that licenses may not be submitted as original per se?

For me, you don't need to submit any other documents, except that in your MR you should cite specific Clauses of the ITB, Bid Documents, and PBD's to support your claim like SEc. 23.8 of the IRR, the BAC may have inadvertently missed the point when it declare your company as non-compliant. I believed your company naman purchased these Document to the BAC Secretariat.
jscn wrote:
x x x ..i do not need to submit the real "original documents" as i have attached in the eliginility envelope my sworn statement of "authentic and original copy, or a true and faithful reproduction or copy of the original.... " which answers why i did not submit my "original" licenses x x xx x.

For reference what are also the other clauses of the ITB/PBD does the abovementioned quotes you cited to the BAC? You need to cleary explain it to the BAC in your MR, that you dont need to submit "original" Documents.
Papano ka naman makasali sa ibang bidding if yung ibang BAC would require such documents? Iisa lang naman ang Original Docs ng Business Permit, PhilGeps, etc.. that is why the Bidder shall only authenticate it as provided under the ITB, di ba?

[b]P.S. The BAC-TWG can always verify your submitted documents through Post-Evaluation, they may ask the Issuing Parties to verify your documents. If there are inconsistency with the documents they can always impose actions on your Bid or your company.


Last edited by ruel on Tue Jun 30, 2009 4:34 pm; edited 1 time in total
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Re: failure of bidding

Post by jscn on Tue Jun 30, 2009 12:27 pm

thank you very much for sharing your incites and you're very much appreiated Very Happy .
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Re: failure of bidding

Post by riddler on Tue Jun 30, 2009 12:53 pm

jscn wrote:thank you very much for sharing your incites and you're very much appreiated Very Happy .

ha ha ha! Laughing Laughing I am not inciting a sedition for your BAC jscn ha.(Just Joking Laughing Laughing )
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Re: failure of bidding

Post by misty on Wed Jul 01, 2009 8:43 pm

hi!

in bidding where partial bids are allowed, meaning there are items on which no bid was offered, is it necessary for the BAC to issue a resolution stating that there is a failure of bidding for those items? how will this be done considering that there are bids on other items for which NOAs and POs are issued?

also, on those items which no bids were offered, a re-bid will be done. during the re-bid, there are still items on which no bids are offered. does this mean that another resolution will be issued by BAC to declare failure of bidding on those items?

we actually had the re-bid. sadly, there were still items for which no bids were offered. (looking back i wished that in the re-bid, we did not allow partial bids so that we could immediately proceed with the negotiated mode as it would still be a failure of bidding. we would have saved so much time.)

thank you. you've all been very helpful.
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Re: failure of bidding

Post by riddler on Thu Jul 02, 2009 1:57 am

misty wrote:hi!

in bidding where partial bids are allowed, meaning there are items on which no bid was offered, is it necessary for the BAC to issue a resolution stating that there is a failure of bidding for those items? how will this be done considering that there are bids on other items for which NOAs and POs are issued?

also, on those items which no bids were offered, a re-bid will be done. during the re-bid, there are still items on which no bids are offered. does this mean that another resolution will be issued by BAC to declare failure of bidding on those items?

we actually had the re-bid. sadly, there were still items for which no bids were offered. (looking back i wished that in the re-bid, we did not allow partial bids so that we could immediately proceed with the negotiated mode as it would still be a failure of bidding. we would have saved so much time.)

thank you. you've all been very helpful.

sunriser wrote:Section III. Bid Data Sheet
ITB Clause 34.2 Grouping and Evaluation of Lots –

Lots should be formed of similar items that are likely to attract the maximum competition. A lot is the quantity and number of items that will be included in a single contract. For example:
Option 1 – Each item to be evaluated and compared with other Bids separately and recommended for contract award separately.
]Option 2 - All items to be grouped together to form one complete Lot that will be awarded to one Bidder to form one complete contract.Option 3 - Similar items, to be grouped together to form several lots that shall be evaluated and awarded as separate contracts.

x x x x x . . .x."
kindly click here.

http://gppb.topicsolutions.net/competitive-bidding-f8/failure-of-bidding-t256.htm#1647

In my opinion, for LGU's we need to use Option 2 as mentioned by sunriser to do away the failure of bidding for certain line items. Parang "Bulk Bid", ang condition natin sa ITB ay ganito: pag hindi complete bid, meaning to say, no price offer were not specified in the line items, the Bidder is automatically disqualified/failed.

In this scenario, hindi magging mahirap ang trabaho ng BAC Secretariat lalo na sa re-scheduling.
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Re: failure of bidding

Post by RDV @ GP3i on Thu Jul 02, 2009 10:55 am

misty wrote:hi!

in bidding where partial bids are allowed, meaning there are items on which no bid was offered, is it necessary for the BAC to issue a resolution stating that there is a failure of bidding for those items? how will this be done considering that there are bids on other items for which NOAs and POs are issued?
If partial bids are allowed, then bidders who did not bid on any one of the items should not be disqualified. There should also be no failure of bidding just because a bidder did not bid on all the items.

misty wrote:also, on those items which no bids were offered, a re-bid will be done. during the re-bid, there are still items on which no bids are offered. does this mean that another resolution will be issued by BAC to declare failure of bidding on those items?
If partial bids are not allowed, the general rule is that the bids must be complete. A bidder who does not bid on any one item shall be disqualified. Unless all the bidders are disqualified, a failure of bidding does not necessarily follow.

misty wrote:we actually had the re-bid. sadly, there were still items for which no bids were offered. (looking back i wished that in the re-bid, we did not allow partial bids so that we could immediately proceed with the negotiated mode as it would still be a failure of bidding. we would have saved so much time.)
In order to avoid situtations where bidders are unabole to bid on all the items, it is better to package items by lots with separate ABCs. A bidder may bid only on one lot without being disqualified.
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Re: failure of bidding

Post by riddler on Thu Jul 02, 2009 11:40 am

RDV wrote:In order to avoid situtations where bidders are unabole to bid on all the items, it is better to package items by lots with separate ABCs. A bidder may bid only on one lot without being disqualified.

This would refer to Option 3 as mentioned by sunriser RDV.
sunriser wrote:Section III. Bid Data Sheet
ITB Clause 34.2 Grouping and Evaluation of Lots –

Lots should be formed of similar items that are likely to attract the maximum competition. A lot is the quantity and number of items that will be included in a single contract. For example:
Option 1 – Each item to be evaluated and compared with other Bids separately and recommended for contract award separately.
]Option 2 - All items to be grouped together to form one complete Lot that will be awarded to one Bidder to form one complete contract.

Option 3 - Similar items, to be grouped together to form several lots that shall be evaluated and awarded as separate contracts.

x x x x x . . .x."

May concern ako dito pag procurement of goods for repair and maintenance of Infra under Option 3 RDV. Kadalasan na di-delay yung project pag walang mag quote sa isa o dalawang groups, kasi dependent yung trabaho sa delivery nung isang Group.. In my opinion depende na rin sa sitwasyon RDV how to choose Options suited for the PE.
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Re: failure of bidding

Post by RDV @ GP3i on Thu Jul 02, 2009 12:28 pm

ruel wrote:
May concern ako dito pag procurement of goods for repair and maintenance of Infra under Option 3 RDV. Kadalasan na di-delay yung project pag walang mag quote sa isa o dalawang groups, kasi dependent yung trabaho sa delivery nung isang Group.. In my opinion depende na rin sa sitwasyon RDV how to choose Options suited for the PE.

I agree, enrg. ruel.

The choice to be adopted by the procuring entity should be discussed, at the very least during the pre-procurement conference, with all the pros and cons being considered. Otherwise, parang trial and error ang mangyayari and the procuring entity wastes valuable time, with all these re-bids or you cannot proceed with the next project (repair and maintenance) because you have necessarily complete first the procurement of goods.
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Re: failure of bidding

Post by angelo on Thu Jul 02, 2009 4:20 pm

may i ask for your opinion for this particular cases regarding failure of bidding.
1. In the sealing of bids, if a bidder did not follow the particular instruction about the sealing of bids, is he considered disqualified because that reason?
2. In the event of any discrepancy between the original and the copies, the original shall prevail right? and if it is specified in the bid document particularly in the BDS that bidder shall submit one original and two copies of eligibility, technical and financial proposal. If the bidder did not included original documents in his bid the fact that this documents were required by the procuring entity, is he considered disqualified?
3. In the event when all prospective bidders are declared ineligible the procuring entity shall declare a failure of bidding and conduct or rescheduled a re-bidding. Is it right for the bidders who were declared ineligible to still submit MR despite of the declaration of failure of bidding by the procuring entity?
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Re: failure of bidding

Post by RDV @ GP3i on Fri Jul 03, 2009 11:56 am

angelo wrote:may i ask for your opinion for this particular cases regarding failure of bidding.
1. In the sealing of bids, if a bidder did not follow the particular instruction about the sealing of bids, is he considered disqualified because that reason?
The BAC may disqualify that particular bidder. The proper sealing and marking of bids is contained in the ITB to guide the bidder. If he did not follow the instructions, he risks being disqualified.

angelo wrote:2. In the event of any discrepancy between the original and the copies, the original shall prevail right? and if it is specified in the bid document particularly in the BDS that bidder shall submit one original and two copies of eligibility, technical and financial proposal. If the bidder did not included original documents in his bid the fact that this documents were required by the procuring entity, is he considered disqualified?
The original shall prevail, however, if the bidder failed to include the original in the envelope properly marked as "original" and it has been required, he is considered disqualified.

angelo wrote:3. In the event when all prospective bidders are declared ineligible the procuring entity shall declare a failure of bidding and conduct or rescheduled a re-bidding. Is it right for the bidders who were declared ineligible to still submit MR despite of the declaration of failure of bidding?
The filing of MR is a right of a bidder, therefore, if the bidders are present during bid opening and they signified their intention to file MR, the BAC has to wait until the bidders have submitted their MRs and has resolved it before it decides in declaring a failure of bidding.
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Re: failure of bidding

Post by angelo on Sat Jul 04, 2009 10:04 pm

thank you very much for clearing this issues. i hope you would always be there to share your ideas to us.
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Re: failure of bidding

Post by jscn on Sun Jul 05, 2009 11:11 am

I just would like to share the response I received from the GPPB ONLINE HELPDESK TSO when I made a query with regards to the declaration of a bidder to be ineligible for submitting Xerox copies of LICENSES in lieu of the ORIGINAL COPIES (dti, mayor's permit, philgeps, FS, TIN) in the envelope marked as ORIGINAL-ELIGIBILTY ENVELOPE .
[9:26] gppbtso:: On the issue of submission of original documents, “ORIGINAL ELIGIBILITY ENVELOPE”of the IRR-A allows bidders to submit original or true and faithful reproduction of its original eligibility documents. Thus, it appears that a bidder cannot be declared ineligible for non-submission of original documents if it has submitted true and faithful copies thereof.
[9:44] gppbtso:: Original documents as used in the IRR-A pertains to the general sense of the term. It is our view that procuring entities cannot adopt their own definition of original documents. The principle of competitiveness supports the policy of allowing submission of copies of original documents. The possibility of receiving fraudulent documents is nevertheless checked during post-qualification.
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Re: failure of bidding

Post by misty on Sun Aug 09, 2009 7:40 pm

good evening.

i have a question (as always), please help.

we limit the sale of bid docs to ten days. the deadline passed without any takers. can the bac issue the resolution declaring the failure of bidding as there was no bid docs sold without waiting for the actual bidding date? is it ok to post an invitation again for the re-bid?

thank you so much
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Re: failure of bidding

Post by riddler on Sun Aug 09, 2009 9:24 pm

misty wrote:good evening.

i have a question (as always), please help.

we limit the sale of bid docs to ten days. the deadline passed without any takers. can the bac issue the resolution declaring the failure of bidding as there was no bid docs sold without waiting for the actual bidding date? is it ok to post an invitation again for the re-bid?

thank you so much



Section 35. Failure of Bidding

35.1. The BAC shall declare the bidding a failure when:
a) No bids are received;
b) All prospective bidders are declared ineligible;
c) All bids fail to comply with all the bid requirements or fail post-qualification, or,
in the case of consulting services, there is no successful negotiation; or
d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated
Responsive Bid refuses, without justifiable cause, to accept the award of
contract, and no award is made in accordance with Section 40 of the Act and
this IRR.

I think your query refers to clause 35.1(a) misty. The BAC need not to follow the schedule and convene a meeting immediately, declare a 'failure of bidding' to save time, so the BAC Secretariat can post the schedule again.
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Re: failure of bidding

Post by misty on Tue Aug 11, 2009 10:46 am

thank you mr. ruel.
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Re: failure of bidding

Post by engrjhez® on Tue Aug 11, 2009 11:53 pm

ruel wrote:
misty wrote:
x x x
we limit the sale of bid docs to ten days. the deadline passed without any takers. can the bac issue the resolution declaring the failure of bidding as there was no bid docs sold without waiting for the actual bidding date? is it ok to post an invitation again for the re-bid?
x x x


Section 35. Failure of Bidding

35.1. The BAC shall declare the bidding a failure when:
a) No bids are received;
x x x

I think your query refers to clause 35.1(a) misty. The BAC need not to follow the schedule and convene a meeting immediately, declare a 'failure of bidding' to save time, so the BAC Secretariat can post the schedule again.
However, in case the deadline for selling of bid documents does not coincide with deadline of submission of bids, we cannot technically use the said provision (35.1.a) because it pertains to the deadline for submission of bids. We still have to wait for that deadline to officially proceed with declaring the failure to eliminate any possible complication. Very Happy
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Re: failure of bidding

Post by riddler on Wed Aug 12, 2009 9:09 am

engrjhez wrote:
ruel wrote:
misty wrote:
x x x
we limit the sale of bid docs to ten days. the deadline passed without any takers. can the bac issue the resolution declaring the failure of bidding as there was no bid docs sold without waiting for the actual bidding date? is it ok to post an invitation again for the re-bid?
x x x


Section 35. Failure of Bidding

35.1. The BAC shall declare the bidding a failure when:
a) No bids are received;
x x x

I think your query refers to clause 35.1(a) misty. The BAC need not to follow the schedule and convene a meeting immediately, declare a 'failure of bidding' to save time, so the BAC Secretariat can post the schedule again.
However, in case the deadline for selling of bid documents does not coincide with deadline of submission of bids, we cannot technically use the said provision (35.1.a) because it pertains to the deadline for submission of bids. We still have to wait for that deadline to officially proceed with declaring the failure to eliminate any possible complication. Very Happy

Right engrjhez. Misty maybe referring to Procurement of Infra(two stage process) under the Old IRR. However, for procurement of goods where the deadline of selling and submission may coincide with each other's date, we really have to finished the deadline for submission of Bids (single stage process) before declaring a "failure of bidding" if no bidders signified.
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Re: failure of bidding

Post by engrjhez® on Wed Aug 12, 2009 8:17 pm

ruel wrote:
Right engrjhez. Misty maybe referring to Procurement of Infra(two stage process) under the Old IRR. However, for procurement of goods where the deadline of selling and submission may coincide with each other's date, we really have to finished the deadline for submission of Bids (single stage process) before declaring a "failure of bidding" if no bidders signified.

Even in the old IRR, there are cases when the last day of selling bid documents do not coincide with opening of bids. Although technically possible, sufficient time must also be provided for the bidder to review the Bidding Documents. Sometimes an offset of two to three days will do. But in the new IRR, this is no longer of the issue since both procurement of goods and infra are under the same timeline. Considering the fact that the bidding documents are published with the GEPS or to the website of PE, the bidder can already make an advance review of the documents (even for overnight). But their bids (if they intend to submit) shall only be received by the BAC Secretariat upon payment of corresponding fee. Very Happy
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Re: failure of bidding

Post by misty on Thu Aug 13, 2009 10:12 am

I was referring to bidding for the procurement of goods. If the BAC can not declare a failure of bidding, as the day of bid opening is yet to come, can we just extend the issuance/sale of bid docs and the bid opening date? the ABC for this is less than 500k.

We limited the period of sale of bid docs based on Annex C, stage 4 (page 123 of Handbook on Procurement, 4th ed.)

thank you for your posts.
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