Eligibility of bidders after 1st Failed Bidding

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Eligibility of bidders after 1st Failed Bidding

Post by bebethsaulog on Thu May 24, 2012 5:30 pm

After opening the eligibility documents of our company, we have been declared ineligible in the first bidding due to non complying in terms that our bank certificate does not comply to the statement holding the 10% of the ABC amount in favor of the procuring entity and its specific project.

If the procuring entity post an invitation to bid for the same project (2nd bidding), is our company still eligible to submit a bid tender for the same project?

Are the companies who purchase bid docs for the project but not submitted any tender or letter of withdrawal be allowed to join the 2nd bidding activity?

Thank you.

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Re: Eligibility of bidders after 1st Failed Bidding

Post by jcolas on Thu May 24, 2012 6:43 pm

"bebethsaulog wrote"

After opening the eligibility documents of our company, we have been declared ineligible in the first bidding due to non complying in terms that our bank certificate does not comply to the statement holding the 10% of the ABC amount in favor of the procuring entity and its specific project.

May I be clarified> Are you a lone bidder. If not, then the PE must have continued with the opening of the Technical envelopes of the other Bidder. In this case, wala bang nag qualify? Kung walang nagqualify, then the PE must have declared a fauilure of bidding and must go back to step (1). If and when the PE posts an Invitation to Bid, every body can join the next round of bidding.
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Re: Eligibility of bidders after 1st Failed Bidding

Post by bebethsaulog on Thu May 24, 2012 7:22 pm

Clarification:

There are only 2 Bidders present in the said bidding. The PE continued with the opening of the 2nd Bidder's Technical envelope, however, they also found some lacking legal stamp in their elegibility documents and declare also the 2nd bidder ineligible. Thus both bidder requested for an oral MR (Motion for Reconsideration). After the BAC declared a Failure of Bidding, we then expressed again our request for MR to be submitted in a written form and they gave us 3 days for it to be submitted to them. The second bidder ask if when will be the bid project be reposted, they said we just wait for it to be posted in the PhilGeps, however the BAC reiterate that the 2 ineligible bidders present are not anymore qualified to bid for the same project in the next bidding. (Is this right as per their (PE) bidding procedure?)

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Re: Eligibility of bidders after 1st Failed Bidding

Post by jcolas on Thu May 24, 2012 8:43 pm

"bebethsaulog wrote"


... however the BAC reiterate that the 2 ineligible bidders present are not anymore qualified to bid for the same project in the next bidding. (Is this right as per their (PE) bidding procedure?)

That contention is very wrong. Under Section 35.3 of the IRR of RA 9184, the BAC...shall adjust the ABC and conduct a rebidding with re-advertisement and/or posting. All bidders that have initially responded to the Invitation To Bid in the first bidding shall be allowed to submit new bids. Their action in preventing you from joining defeats the purpose for which the procurement activity have been posted; and that is for greater participation..
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Re: Eligibility of bidders after 1st Failed Bidding

Post by bebethsaulog on Thu May 24, 2012 8:55 pm

Sir,

I think they are sighting the Section 35.4 of the IRR, under the clause "have been declared eligible":

35.4. All bidders who have initially responded to the Invitation to Bid/Request for Expression of Interest and have been declared eligible or short listed in the previous biddings shall be allowed to submit new bids. The BAC shall observe the same process and set the new periods according to the same rules followed during the previous bidding(s).(a)


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Re: Eligibility of bidders after 1st Failed Bidding

Post by jcolas on Fri May 25, 2012 7:43 am

Mam bebethsaulog, ibig sabihin lang po nun eh, they are allowed to submit new set of bids but they can not disallow your participation as this is guaranteed by the fact that they are mandated to re advertise the procurement activity.
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Re: Eligibility of bidders after 1st Failed Bidding

Post by regina avelino on Fri May 25, 2012 9:33 am

I agree with sir jcolas, it doesn't mean that if your were ineligible in the first bidding, you cannot join the succeeding bidding. if the bidder in the first bidding submitted falsified documents and the Procuring Entity processed it for blacklisting, then its the time that the bidder is not qualified to join anymore.

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Re: Eligibility of bidders after 1st Failed Bidding

Post by jcolas on Fri May 25, 2012 4:06 pm

You got it right mam!!!
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Re: Eligibility of bidders after 1st Failed Bidding

Post by bebethsaulog on Fri May 25, 2012 8:24 pm

Thank you very much for your kind assistance "jcolas" & "regina avelino".

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Re: Eligibility of bidders after 1st Failed Bidding

Post by jcolas on Sat May 26, 2012 5:53 pm

Your welcome mam bebethsaulog...
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Re: Eligibility of bidders after 1st Failed Bidding

Post by engrjhez® on Sun May 27, 2012 12:58 am

bebethsaulog wrote:After opening the eligibility documents of our company, we have been declared ineligible in the first bidding due to non complying in terms that our bank certificate does not comply to the statement holding the 10% of the ABC amount in favor of the procuring entity and its specific project.

If the procuring entity post an invitation to bid for the same project (2nd bidding), is our company still eligible to submit a bid tender for the same project?

Are the companies who purchase bid docs for the project but not submitted any tender or letter of withdrawal be allowed to join the 2nd bidding activity?

Thank you.

A comment on the underlined: It appears your "ineligibility" has no basis. The mentioned document pertains to Cash Deposit Certificate which is no longer admissible (not required) since September 03, 2009. NFCC computation or Credit Line Commitment (if NFCC is insufficient) should be enough. Smile
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Re: Eligibility of bidders after 1st Failed Bidding

Post by alpha1 on Thu Jun 21, 2012 3:26 pm

I agree with engrjhez, bebethsaulog should have informed the PE that their requirements are not anymore required. Besides, the way I understand it, is that the PE is actually referring to the 10% retention. I'm quite confused actually.
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Re: Eligibility of bidders after 1st Failed Bidding

Post by thunderbird on Tue Jul 17, 2012 10:48 pm

Hi! may I just inquire re eligibility check.

If a bidder failed to submit his eligibility envelope on time because of an error committed by the BAC and BAC Secretariat, is it ok to allow him to submit the same later and just open the same to see if he is eligible?

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Re: Eligibility of bidders after 1st Failed Bidding

Post by jcolas on Sat Sep 01, 2012 9:01 pm

"theunderbird wrote"
Hi! may I just inquire re eligibility check.

If a bidder failed to submit his eligibility envelope on time because of an error committed by the BAC and BAC Secretariat, is it ok to allow him to submit the same later and just open the same to see if he is eligible?


Sorry for the late reply. If a bidder failed to submit his bid documents on time, then that bidder is automatically disqualified and it is illegal for the BAC to open his bid documents...
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Re: Eligibility of bidders after 1st Failed Bidding

Post by engrjhez® on Mon Sep 03, 2012 1:57 pm

thunderbird wrote:Hi! may I just inquire re eligibility check.

If a bidder failed to submit his eligibility envelope on time because of an error committed by the BAC and BAC Secretariat, is it ok to allow him to submit the same later and just open the same to see if he is eligible?

Can you please elaborate further the facts so that we can accurately reply? What kind of error was it?
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