highest bidder with many freebies

View previous topic View next topic Go down

highest bidder with many freebies

Post by arlynpvic on Fri May 25, 2012 10:31 am

Sir, I need your help. We are the lowest bidder and we complied with the technical specifications. Here comes the highest bidder (his bid is higher by P 70,000.00/unit) but they have additional instrument in their bid which is not included in the technical specifications and was not discussed during the pre-bid.. The Procuring Entity signified their intention to award it to the highest bidder because it has additional instrument that is useful in their laboratory.
Please correct me if I'm wrong. The way I understand government procurement is that the bidders shall be in equal footing. If only we knew that that particular instrument is very material in their decision, we should have included it in our bid.
I will write to the procuring entity but before that, I want to seek your opinion.

Thank you so much.

arlynpvic
New Member
New Member

Female Number of posts : 16
Company/Agency : PVIC Corp
Occupation/Designation : Manager
Registration date : 2012-05-25

Back to top Go down

Re: highest bidder with many freebies

Post by regina avelino on Fri May 25, 2012 11:00 am

Hello madam, while waiting for the other expert forum members to comment on your company's situation, here is my humble opinion. Accordingly, pre-bid conference discusses, among other things, the eligibility and the technical and financial components/requirements of the contract to be bid (section 22.2). If, according to you, these items (freebies) were not mentioned in the bidding documents and was not discussed during the bid conference nor there were supplemental bid bulletins issued by the Procuring Entity, then your are right of contesting the decision of the Procuring entity if they will award the contract to the highest bidder. Likewise, in the opening of the first bid envelopes, the BAC shall determine each bidder's compliance with the documents required to be submitted for the eligibility and for the TECHNICAL requirements against a checklist of required documents to ascertain if they are all present, using a nondiscretionary pass/fail criterion as stated in the instruction to bidders (30.1). Thus, these freebies should not be included in the evaluation of the bidder's compliance even if the bidder will give this items to the procuring entity for free. Your lowest bid plus your compliance with the eligibility, technical and financial bid and if you pass the bid evaluation and post qualification and determined to be the lowest calculated and responsive bid (section 24) will only be the basis for the procuring entity to award the contract to you. kaya nga siguro mataas ang bid nila compared sa inyo because kinober nila pati yung cost ng freebies dun sa bid tender nila.

regina avelino
Board General
Board General

Female Number of posts : 669
Company/Agency : gocc ncr
Occupation/Designation : staff
Registration date : 2012-02-15

Back to top Go down

Re: highest bidder with many freebies

Post by regina avelino on Fri May 25, 2012 11:00 am

Hello madam, while waiting for the other expert forum members to comment on your company's situation, here is my humble opinion. Accordingly, pre-bid conference discusses, among other things, the eligibility and the technical and financial components/requirements of the contract to be bid (section 22.2). If, according to you, these items (freebies) were not mentioned in the bidding documents and was not discussed during the bid conference nor there were supplemental bid bulletins issued by the Procuring Entity, then your are right of contesting the decision of the Procuring entity if they will award the contract to the highest bidder. Likewise, in the opening of the first bid envelopes, the BAC shall determine each bidder's compliance with the documents required to be submitted for the eligibility and for the TECHNICAL requirements against a checklist of required documents to ascertain if they are all present, using a nondiscretionary pass/fail criterion as stated in the instruction to bidders (30.1). Thus, these freebies should not be included in the evaluation of the bidder's compliance even if the bidder will give this items to the procuring entity for free. Your lowest bid plus your compliance with the eligibility, technical and financial bid and if you pass the bid evaluation and post qualification and determined to be the lowest calculated and responsive bid (section 34) will only be the basis for the procuring entity to award the contract to you. kaya nga siguro mataas ang bid nila compared sa inyo because kinober nila pati yung cost ng freebies dun sa bid tender nila.

regina avelino
Board General
Board General

Female Number of posts : 669
Company/Agency : gocc ncr
Occupation/Designation : staff
Registration date : 2012-02-15

Back to top Go down

Re: highest bidder with many freebies

Post by arlynpvic on Fri May 25, 2012 11:13 am

Thank you so much Maam Regina for your inputs. I really appreciate it.

arlynpvic
New Member
New Member

Female Number of posts : 16
Company/Agency : PVIC Corp
Occupation/Designation : Manager
Registration date : 2012-05-25

Back to top Go down

Re: highest bidder with many freebies

Post by regina avelino on Fri May 25, 2012 11:21 am

welcome po mam and welcome po sa forum.

regina avelino
Board General
Board General

Female Number of posts : 669
Company/Agency : gocc ncr
Occupation/Designation : staff
Registration date : 2012-02-15

Back to top Go down

Re: highest bidder with many freebies

Post by REZIE on Fri May 25, 2012 12:50 pm

I share the same idea with mam Reg...

REZIE
New Member
New Member

Female Number of posts : 33
Age : 48
Company/Agency : DENR III PENRO AURORA
Occupation/Designation : GOVT EMP/ BOOKKEEPER/ REGULAR BAC MEMBER(FINANCE)
Registration date : 2011-08-15

Back to top Go down

Re: highest bidder with many freebies

Post by engrjhez® on Sun May 27, 2012 1:29 am

regina avelino wrote:Hello madam, while waiting for the other expert forum members to comment on your company's situation, here is my humble opinion. Accordingly, pre-bid conference discusses, among other things, the eligibility and the technical and financial components/requirements of the contract to be bid (section 22.2). If, according to you, these items (freebies) were not mentioned in the bidding documents and was not discussed during the bid conference nor there were supplemental bid bulletins issued by the Procuring Entity, then your are right of contesting the decision of the Procuring entity if they will award the contract to the highest bidder. Likewise, in the opening of the first bid envelopes, the BAC shall determine each bidder's compliance with the documents required to be submitted for the eligibility and for the TECHNICAL requirements against a checklist of required documents to ascertain if they are all present, using a nondiscretionary pass/fail criterion as stated in the instruction to bidders (30.1). Thus, these freebies should not be included in the evaluation of the bidder's compliance even if the bidder will give this items to the procuring entity for free. Your lowest bid plus your compliance with the eligibility, technical and financial bid and if you pass the bid evaluation and post qualification and determined to be the lowest calculated and responsive bid (section 24) will only be the basis for the procuring entity to award the contract to you. kaya nga siguro mataas ang bid nila compared sa inyo because kinober nila pati yung cost ng freebies dun sa bid tender nila.

No need to wait for any expert forum member. There is an expert in you already. And you have completely answered the query with precision. Cheers cheers
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: highest bidder with many freebies

Post by arlynpvic on Sun May 27, 2012 9:01 am

Thank you so much experts! I love reading your posts..

arlynpvic
New Member
New Member

Female Number of posts : 16
Company/Agency : PVIC Corp
Occupation/Designation : Manager
Registration date : 2012-05-25

Back to top Go down

Re: highest bidder with many freebies

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