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Buying of Bid Docs

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Buying of Bid Docs

Post by myrights on Sun May 27, 2012 12:25 am

What is the correct procedure in determining the eligibilty of the bidder: before the purchase of the Bid docs or during the opening of bids? 1.) This is just a concern over the BAC taking advantage of the sales of bid docs without first determining the eligibility of the bidder. I encountered members of the BAC selling bid docs without even issuing official receipts. 2.) And, some Contractors' association has this sort of negotiated agreement among contractors that whoever bought bid docs is qualified to receive SOP for a particular contract from a TAKER even if some of those contractors is not even qualified at the first place.

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Re: Buying of Bid Docs

Post by engrjhez® on Sun May 27, 2012 12:46 am

myrights wrote:What is the correct procedure in determining the eligibilty of the bidder: before the purchase of the Bid docs or during the opening of bids? 1.) This is just a concern over the BAC taking advantage of the sales of bid docs without first determining the eligibility of the bidder. I encountered members of the BAC selling bid docs without even issuing official receipts. 2.) And, some Contractors' association has this sort of negotiated agreement among contractors that whoever bought bid docs is qualified to receive SOP for a particular contract from a TAKER even if some of those contractors is not even qualified at the first place.

Determination of eligibility is done during the opening of bids.

1. Bidding documents fee must be paid at the cashier (Treasury) and must be issued Official Receipt;

2. Such practice of collusive act is prohibited under RA 9184;

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Re: Buying of Bid Docs

Post by myrights on Sun May 27, 2012 3:38 pm

I totally agree with you sir that it is a collusive act and I strongly condem such scheme. However, another sad fact about this case is that portions of the SOP is being given to the members of the BAC. I hope the new draft of the revised IRR of the procurement act will place a pre-qualification stage prior to purchase of bid docs so that practices like these will be prevented, and place a stronger penalty in violation of the RA 9184.

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Re: Buying of Bid Docs

Post by alpha1 on Thu Jun 21, 2012 5:29 pm

myrights wrote:What is the correct procedure in determining the eligibilty of the bidder: before the purchase of the Bid docs or during the opening of bids? 1.) This is just a concern over the BAC taking advantage of the sales of bid docs without first determining the eligibility of the bidder. I encountered members of the BAC selling bid docs without even issuing official receipts. 2.) And, some Contractors' association has this sort of negotiated agreement among contractors that whoever bought bid docs is qualified to receive SOP for a particular contract from a TAKER even if some of those contractors is not even qualified at the first place.

There are two acceptable practice in determining the eligibility of a prospective bidder.

1. If the bidder wants to pre-qualify before joining any bidding; &
2. During the Bid opening wherein the BAC members determines the compliance of the bidder based on a pass/fail criteria as specified in the PBD.

I think the BAC member should not be blame for taking advantage of selling bid documents because it does not prohibits such activity. In your case, you should pay first from the treasury office the necessary amount before going to the BAC Secretariat to ensure that it enter the coffers of the PE. Besides not all BAC members are the same. In our case, we do not open the financial component if there is no official receipt that the bidding docs had been paid. Please be informed that that bidding documents can be downloaded from the PHILGEPS as part of the attachments during posting of Invitation to Bid.

I agree with you in some sort that it really happens (collusion) but unfortunately it cannot be proven.
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