CLC and Performance Security

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CLC and Performance Security

Post by regina avelino on Tue Apr 24, 2012 12:25 pm

Good morning, if the LCRB failed to provide the credit line certificate or posting of the performance security prior contract signing:
1. How do we inform the LCRB for its failure to provide the CLC or the posting of performance security,
2. Do we proceed immediately with the post qualification of the second lowest calculated bidder? do we need to inform first the 2nd lcb?

please advise po.

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Re: CLC and Performance Security

Post by RDV @ GP3i on Tue Apr 24, 2012 2:34 pm

regina avelino wrote:Good morning, if the LCRB failed to provide the credit line certificate or posting of the performance security prior contract signing:
1. How do we inform the LCRB for its failure to provide the CLC or the posting of performance security,
2. Do we proceed immediately with the post qualification of the second lowest calculated bidder? do we need to inform first the 2nd lcb?

please advise po.

Was there a proper notification to the LCRB to post the required Performance Security, particularly in your Notice of Award?

If the answer is yes, failure to post the required performance security within the period of 10 c.d. from receipt the NOA is already a valid reason to disqualify the LCRB, hence, you could proceed with the 2nd LCRB provided you have not yet returned his/her bid security. You will need to inform the 2nd LCB also because there was a prior notification to that bidder that they lose the bidding process.

As to the CLC, you should not have signed the contract without that as it is an integral component of the contract as provided for in Sec. 37.2.3(e) of the IRR.
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Re: CLC and Performance Security

Post by regina avelino on Tue Apr 24, 2012 2:49 pm

copy sir. thank you again

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Re: CLC and Performance Security

Post by regina avelino on Tue Apr 24, 2012 2:58 pm

sir, bago ko po makalimutan. follow up query po sa sinabi nyo po regarding return of bid security of the losing bidders above. So what is the best time to return the bid security losing bidders? will it be upon contract signing for the winning para siguradong plantsado na ang lahat? that is case of failure of the winning bidder to post the performance security and other documents relevant for the contract signing is we can proceed with the post qualification of the second highest bidder which the bid security has not been returned yet?

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Re: CLC and Performance Security

Post by RDV @ GP3i on Tue Apr 24, 2012 3:44 pm

regina avelino wrote:sir, bago ko po makalimutan. follow up query po sa sinabi nyo po regarding return of bid security of the losing bidders above. So what is the best time to return the bid security losing bidders? will it be upon contract signing for the winning para siguradong plantsado na ang lahat? that is case of failure of the winning bidder to post the performance security and other documents relevant for the contract signing is we can proceed with the post qualification of the second highest bidder which the bid security has not been returned yet?

The proper time to return the bid security is when the winning bidder has already signed the contract and posted the required Performance Security (Sec. 27.4 of the IRR).

However, the bid security may be returned earlier when the bidder was already declared as ineligible, disqualified or post-disqualified and has submitted a written waiver that said bidder is waiving the right to file a request for reconsideration and/or protest (supra). In that case, the BAC should already return the bid security of said bidder as there is no more reason for that bid security.
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Re: CLC and Performance Security

Post by regina avelino on Tue Apr 24, 2012 4:03 pm

thank you very very very much sir

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Re: CLC and Performance Security

Post by misty on Tue May 08, 2012 4:46 pm

good afternoon po.

a follow up question po.
when the bid security was found insufficient, the bid documents were returned to the bidder and the bidder received them, does this mean that the bidder accepts his disqualification? does he still has the right to file an MR?

thank you
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Re: CLC and Performance Security

Post by regina avelino on Tue May 08, 2012 5:12 pm

madam, excerpt po from PBD 4th edition. I hope i got your query right. "No bid securities shall be returned to bidders after the opening of bids and before contract signing, except to those that failed or declared as post-disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest........"

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Re: CLC and Performance Security

Post by RDV @ GP3i on Tue May 08, 2012 5:43 pm

misty wrote:good afternoon po.

a follow up question po.
when the bid security was found insufficient, the bid documents were returned to the bidder and the bidder received them, does this mean that the bidder accepts his disqualification? does he still has the right to file an MR?

thank you

Yes, that is acceptance of the declaration by the BAC that the bidder is ineligible. Even if we assume that the bidder could still file a request for reconsideration, the fact that the bid security is insufficient, no amount of reconsideration could cure the defect.
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Re: CLC and Performance Security

Post by misty on Tue May 08, 2012 7:58 pm

thank you sir for the reply
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