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Causes of Bid Disqualification

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Causes of Bid Disqualification

Post by angelo on Mon Jul 13, 2009 6:16 pm

Good day to all!
I would just like to consult of our case during the bid opening for delivery of goods.
Both the Eligibility and the Technical Documents have been rated as "passed" for the requirement set by the procuring entity. But one thing we have noticed is that the bid security is inserted in the financial document envelop instead of the technical envelop. IS THIS A GROUND FOR THE DISQUALIFICATION OF THE BIDDER?
Thank You!
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Re: Causes of Bid Disqualification

Post by engrjhez® on Mon Jul 13, 2009 9:52 pm

angelo wrote:Good day to all!
I would just like to consult of our case during the bid opening for delivery of goods.
Both the Eligibility and the Technical Documents have been rated as "passed" for the requirement set by the procuring entity. But one thing we have noticed is that the bid security is inserted in the financial document envelop instead of the technical envelop. IS THIS A GROUND FOR THE DISQUALIFICATION OF THE BIDDER?
Thank You!
Yes.

But the BAC should have declared the bidder FAILED dun pa lang sa technical envelope kasi the prevailing IRR requires Bid Security as part of the Technical Envelope. (On how it was rated PASS after the technical envelope is a question you may or may not answer Very Happy )
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Re: Causes of Bid Disqualification

Post by angelo on Tue Jul 14, 2009 8:43 am

thank you very much sir. i cannot answer your question hehehe
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Re: Causes of Bid Disqualification

Post by RDV @ GP3i on Tue Jul 14, 2009 11:20 am

angelo wrote:Good day to all!
I would just like to consult of our case during the bid opening for delivery of goods.
Both the Eligibility and the Technical Documents have been rated as "passed" for the requirement set by the procuring entity. But one thing we have noticed is that the bid security is inserted in the financial document envelop instead of the technical envelop. IS THIS A GROUND FOR THE DISQUALIFICATION OF THE BIDDER?
Thank You!

As correctly pointed out by engrjhez, dapat sa opening pa lang ng Technical Envelope na disqualified na ang bidder. If ever insists that his Bid Security is included in his Financial Envelope (which you have no way of knowing if it is really true or not), do not be forced to open the Financial Envelope just because he says so.

The fact that his Bid Security should have been included in his Technical Envelope as required but it is not there when it was opened, the BAC should already apply the non-discretionary criteria of presence or absence of the required document. Therefore, not being in the Technical Envelope, the BAC has to disqualify the bidder outright.

Your problem will be compounded once you opened the Financial Envelope, dispute his being non-compliant with the Technical Envelope, and found out that he has the lowest bid. The other bidders will have recourse against the BAC for not following the bidding procedure, the natural effect of which is failure of bidding.
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Re: Causes of Bid Disqualification

Post by jcolas on Sun Jul 19, 2009 5:04 pm

Sirs;
I commiserate with Sir Angelo and I am sure their BAC rated that bidder passed even if his/her Bid Security was not placed inside the Technical envelope. Under Setion 17 of the Act, the bidding documents should be prepared by the Procuring Entity in other words, the BAC, the end-user, the BAC Secretariat the TWG, etc.. Doon pa lang inayos na sana ung bid docs. But all is not lost. I advise Sir Angelo to read the Reservation Clause under Section 41 of the IRR-A. The law provides that the procuring entity reserves the right to declare the bidding a failure if the BAc has been found to have failed in following the prescribed bidding procedures. Can he do that sir RDV habang maaga pa?
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Re: Causes of Bid Disqualification

Post by RDV @ GP3i on Mon Jul 20, 2009 11:23 am

jcolas wrote:Sirs;
I commiserate with Sir Angelo and I am sure their BAC rated that bidder passed even if his/her Bid Security was not placed inside the Technical envelope. Under Setion 17 of the Act, the bidding documents should be prepared by the Procuring Entity in other words, the BAC, the end-user, the BAC Secretariat the TWG, etc.. Doon pa lang inayos na sana ung bid docs. But all is not lost. I advise Sir Angelo to read the Reservation Clause under Section 41 of the IRR-A. The law provides that the procuring entity reserves the right to declare the bidding a failure if the BAc has been found to have failed in following the prescribed bidding procedures. Can he do that sir RDV habang maaga pa?

Sec. 41 on the Reservation Clause is for the HOPE to exercise, it is not for the BAC's. Definitely, it could be used by the HOPE to declare a failure of bidding under the situation where the "BAC is found to have failed in following the required bidding procedures" (Sec. 41.1.b). But, as much as possible, it must not reach this point, if only the BAC has followed the required bidding procedures. Besides, it is not good on the part of the BAC that the HOPE declared a failure of bidding because it has been remiss in its duties.
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Re: Causes of Bid Disqualification

Post by jcolas on Mon Jul 20, 2009 4:42 pm

Yes Sir RDV. That is for the HOPE to do and in this case, it is incumbent upon Sir Angelos HOPE to invoke the Reservation Clause just to save the BAC from contentious litigations if ever the aggrieved parties will take action agaisnt the BAC. Kawawa naman and BAC d ba Sir?
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Re: Causes of Bid Disqualification

Post by engrjhez® on Mon Jul 20, 2009 6:45 pm

RDV wrote:
Sec. 41 on the Reservation Clause is for the HOPE to exercise, it is not for the BAC's. Definitely, it could be used by the HOPE to declare a failure of bidding under the situation where the "BAC is found to have failed in following the required bidding procedures" (Sec. 41.1.b). But, as much as possible, it must not reach this point, if only the BAC has followed the required bidding procedures. Besides, it is not good on the part of the BAC that the HOPE declared a failure of bidding because it has been remiss in its duties.
Is it possible, if diplomacy permits, to revert BAC's decision of rating the bidder with misplaced bid security (previously rated PASSED) as FAILED? I believe the BAC can try to do this and explain it in a very nice way to the bidder. Admit that BAC is not perfect by themselves. No one should be above the law, and that same law states that they must be rated FAILED. Maiintindihan naman siguro yun ng bidder. If the bidder insisted by filing MFR, etc. and after have exhausted all efforts to correct the error (or mistake by its level), then saka na lang padaanin sa Sec.41.

What do you think? study
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Re: Causes of Bid Disqualification

Post by RDV @ GP3i on Tue Jul 21, 2009 1:20 pm

engrjhez wrote:
RDV wrote:
Sec. 41 on the Reservation Clause is for the HOPE to exercise, it is not for the BAC's. Definitely, it could be used by the HOPE to declare a failure of bidding under the situation where the "BAC is found to have failed in following the required bidding procedures" (Sec. 41.1.b). But, as much as possible, it must not reach this point, if only the BAC has followed the required bidding procedures. Besides, it is not good on the part of the BAC that the HOPE declared a failure of bidding because it has been remiss in its duties.
Is it possible, if diplomacy permits, to revert BAC's decision of rating the bidder with misplaced bid security (previously rated PASSED) as FAILED? I believe the BAC can try to do this and explain it in a very nice way to the bidder. Admit that BAC is not perfect by themselves. No one should be above the law, and that same law states that they must be rated FAILED. Maiintindihan naman siguro yun ng bidder. If the bidder insisted by filing MFR, etc. and after have exhausted all efforts to correct the error (or mistake by its level), then saka na lang padaanin sa Sec.41.

What do you think? study

It is possible, but I don't think it should be advisable. It is because the financial envelope of that bidder has already been opened. True enough, the Bid Security is there. But more than the Bid Security being in the financial envelope, the financial bid of that bidder has already been revealed. If the bidder was declared the LCB, then later was disqualified during post-qualification, for the reason that the BAC should have disqualified him at the instance when his technical envelope was opened (and there was no Bid Security attached) but did not, do you think that bidder will take it lightly? The BAC can be accused of favoring another bidder with a higher bid, and so on.

It would be better, I think, that the HOPE exercise instead in this case his Reservation Clause.
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Re: Causes of Bid Disqualification

Post by sunriser431 on Tue Jul 21, 2009 2:09 pm

angelo wrote:Good day to all!
I would just like to consult of our case during the bid opening for delivery of goods.
Both the Eligibility and the Technical Documents have been rated as "passed" for the requirement set by the procuring entity. But one thing we have noticed is that the bid security is inserted in the financial document envelop instead of the technical envelop. IS THIS A GROUND FOR THE DISQUALIFICATION OF THE BIDDER?
Thank You!
This is were the importance of inviting observer in any stages of procurement activities(Section 13 and 13.4 of GPRA).If the BAC failed to follow the bidding procedures as prescribed, then the BAC would be answerable for their actions to the HOPE. At this point, the HOPE would invoke the Sec. 41 on the Reservation Clause.

Section 13. Observers
13.1. To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the COA, at least two (2) observers to sit in its proceedings:
13.1.1 xxxx
13.1.2 xxxx
13.4. Responsibilities of the Observers
The observers shall have the following responsibilities:
1. Preparation of the report either jointly or separately indicating their observations made on the bidding activity conducted by the BAC for submission to the Head of the Procuring entity, copy furnished the BAC Chairman. The report shall assess the extent of the BAC’s compliance with the provisions of this IRR-A and areas of improvement in the BAC’s
proceedings.For this purpose, the BAC shall furnish them a copy of the following documents upon their request:
a. xxxx
b. xxxx
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Re: Causes of Bid Disqualification

Post by riddler on Tue Jul 21, 2009 3:36 pm

sunriser wrote:This is were the importance of inviting observer in any stages of procurement activities(Section 13 and 13.4 of GPRA).If the BAC failed to follow the bidding procedures as prescribed, then the BAC would be answerable for their actions to the HOPE. At this point, the HOPE would invoke the Sec. 41 on the Reservation Clause.

the irony is. . . . the HOPE for LGU's would always seek advice from its BAC since the members of the BAC are also advisers of the HOPE. ha ha ha. Razz

For politicians (HOPE), whose stay in office is only 3 years or more, who can they rely to in making decisions on the misrepresentations of procurement process? while NGA's HOPE can stay until it reaches the sorry age of 65 which would make him/her a seasoned veteran in procurement transaction where he/she can decide altogether whether there is a breach in the process.
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Re: Causes of Bid Disqualification

Post by engrjhez® on Tue Jul 21, 2009 8:51 pm

ruel wrote:
the irony is. . . . the HOPE for LGU's would always seek advice from its BAC since the members of the BAC are also advisers of the HOPE. ha ha ha. Razz
x x x
I strongly agree Engr.Ruel. Razz

It will be an isolated (and a very unlikely) case when the HOPE (in case of LGUs) will refute and rebuke the BAC on such technicality. It is the BAC that speaks in case of procurement. Even with the circle of the Governor's/Mayor's best consultants (unless he/she got a procurement lawyer outside the BAC) cannot directly comment on every situation the BAC encounters. And after all ideas unite - politics comes on the scene. It breaks everything earlier agreed. Too complicated for an LGU. In addition, most Governors/Mayors thought that signing a BAC Resolution is ministerial. Haaay, when will they understand? Very Happy
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Re: Causes of Bid Disqualification

Post by riddler on Wed Jul 22, 2009 9:53 am

engrjhez wrote:[justify]
ruel wrote:
the irony is. . . . the HOPE for LGU's would always seek advice from its BAC since the members of the BAC are also advisers of the HOPE. ha ha ha. Razz
x x x
I strongly agree Engr.Ruel. Razz

It will be an isolated (and a very unlikely) case when the HOPE (in case of LGUs) will refute and rebuke the BAC on such technicality. It is the BAC that speaks in case of procurement. Even with the circle of the Governor's/Mayor's best consultants (unless he/she got a procurement lawyer outside the BAC) cannot directly comment on every situation the BAC encounters. And after all ideas unite - politics comes on the scene. It breaks everything earlier agreed. Too complicated for an LGU. In addition, most Governors/Mayors thought that signing a BAC Resolution is ministerial. Haaay, when will they understand? Very Happy
[/justify]

Nakana mo engrjhez. That is how peculiar our situation in the LGU's is.... But all is not lost, ang importante tuloy tuloy ang professionalization natin lalo na sa procurement. Pag natutoto naman tayo eh mahirap na nilang ma influence ang procurement lalo na't maggaling na ang magging BAC-TWG-SEcretariat natin... then We can always say with confidence, "x x x x, mahirap yan Mayor/Governor kasi violation sa provisions ng RA 9184 pag ginawa nating ganyan yan."
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Re: Causes of Bid Disqualification

Post by RDV @ GP3i on Wed Jul 22, 2009 12:37 pm

ruel wrote:
engrjhez wrote:[justify]
ruel wrote:
the irony is. . . . the HOPE for LGU's would always seek advice from its BAC since the members of the BAC are also advisers of the HOPE. ha ha ha. Razz
x x x
I strongly agree Engr.Ruel. Razz

It will be an isolated (and a very unlikely) case when the HOPE (in case of LGUs) will refute and rebuke the BAC on such technicality. It is the BAC that speaks in case of procurement. Even with the circle of the Governor's/Mayor's best consultants (unless he/she got a procurement lawyer outside the BAC) cannot directly comment on every situation the BAC encounters. And after all ideas unite - politics comes on the scene. It breaks everything earlier agreed. Too complicated for an LGU. In addition, most Governors/Mayors thought that signing a BAC Resolution is ministerial. Haaay, when will they understand? Very Happy
[/justify]

Nakana mo engrjhez. That is how peculiar our situation in the LGU's is.... But all is not lost, ang importante tuloy tuloy ang professionalization natin lalo na sa procurement. Pag natutoto naman tayo eh mahirap na nilang ma influence ang procurement lalo na't maggaling na ang magging BAC-TWG-SEcretariat natin... then We can always say with confidence, "x x x x, mahirap yan Mayor/Governor kasi violation sa provisions ng RA 9184 pag ginawa nating ganyan yan."

If the BAC Secretariat or TWG does not point out during the process that what the BAC is doing is already in violation of the procurement process, then, I say, as I said before in another topic, that they could also be held liable.

Remember that one of the responsibilities of the BAC Secretariat is to "Assist in managing the procurement processes" (Sec. 14.1). The TWG, too, is also created "to assist in the procurement process, particularly in the eligibility screening, evaluation of bids and post-qualification" (Sec. 12.1).

Too bad if the BAC and the HOPE would not listen to them. The intention of the law is the development of the capability and professionalization not only of the BAC but also of the BAC Sec., TWGs and the Procurement Units (Sec. 16.1).
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