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submission of bid through mail???

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submission of bid through mail???

Post by poy_yan on Tue Jul 03, 2012 2:45 pm

lets say for example, a bidder from cebu submitted his bid through LBC in davao (procuring entity).. could that be a valid ground to disqualify his bid in violation to section 25 of 9184? thanks!!

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Re: submission of bid through mail???

Post by regina avelino on Wed Jul 04, 2012 10:20 am

Section 25.1 provides that "bidders shall submit their bids through their duly authorized representative.........?

Likewise, when the BAC receives the bids at the time, date and place specified in the bidding document, the latter must stamp the face of the outer envelope/container as "received" indicating thereon the date and time of receipt, and have the stamp countersigned by the bidder's authorized representative.

If the bid is submitted through LBC or other known courier, this will be in violation with section 25.1 and the receipt made by the BAC secretariat will not be countersigned by the authorized representative.

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Re: submission of bid through mail???

Post by poy_yan on Thu Jul 05, 2012 12:23 pm

thanks po.. Smile

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Re: submission of bid through mail???

Post by dos_inhinyero_sivil on Thu Jul 05, 2012 6:06 pm

In a follow-up question, what if the mode of procurement is RFQ or the so called Requests for Quotation, and the supplier is 1,000 kms away from the Government Agency? Is RFQ Bid be allowed through LBC or email?

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Re: submission of bid through mail???

Post by ajac on Sat Nov 01, 2014 7:27 pm

This is a reiteration of the previous question. Is submission of RFQs can also be applied to Section 25.1 provides that "bidders shall submit their bids through their duly authorized representative...? as the reason for not accepting RFQs through mail, courier and fax.

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Re: submission of bid through mail???

Post by engrjhez® on Mon Nov 03, 2014 4:46 pm

regina avelino wrote:Section 25.1 provides that "bidders shall submit their bids through their duly authorized representative.........?

Likewise, when the BAC receives the bids at the time, date and place specified in the bidding document, the latter must stamp the face of the outer envelope/container as "received" indicating thereon the date and time of receipt, and have the stamp countersigned by the bidder's authorized representative.

If the bid is submitted through LBC or other known courier, this will be in violation with section 25.1 and the receipt made by the BAC secretariat will not be countersigned by the authorized representative.

Sorry for having a very late comment on this.

I find no violation under the rules if the bidder would submit their bids through a courier like LBC. What is mandatory in the above cited provision is the "2-envelope rule", not the precisely the manner of representation:    

25.1 Bidders shall submit their bids through their duly authorized representative using the forms specified in the Bidding Documents in two (2) separate sealed bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under Section 23.1 of this IRR, and the second shall contain the financial component of the bid.

To my mind, there is sufficient representation when one avails of courier services; in the same manner pleadings and other papers are allowed to be submitted through mail or courier services.

In the same way, RFQs may be allowed to be mailed (snail, registered or courier), faxed or delivered in some other ways (like personal service) subject to the specific requirements in the "Terms and Conditions" of RFQ itself.
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Re: submission of bid through mail???

Post by ajac on Tue Nov 04, 2014 6:25 am

"25.1 Bidders shall SUBMIT their bids through their DULY AUTHORIZED REPRESENTATIVE...... Is this enough basis for not accepting RFQs through mail or courier? Are courier services be considered as duly authorized representative of the bidder? How about submission through fax and email? There is no personal services involved in the submission of RFQ.

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Re: submission of bid through mail???

Post by engrjhez® on Tue Nov 04, 2014 9:18 am

ajac wrote:"25.1 Bidders shall SUBMIT their bids through their DULY AUTHORIZED REPRESENTATIVE...... Is this enough basis for not accepting RFQs through mail or courier?  

In RFQs, it should NOT, if the BAC adopted the "open" quotation system.

In Public Bidding, my opinion is that bid submission though mail or courier is acceptable. The term "submit" here should be taken in two senses. First, the bid in its totality must be accomplished, signed and to be released for submission only by its duly authorized representative. Second, the act of conveying such documents from the hands of the "authorized representative" to the BAC.  

In the second sense, the bid is already complete in itself and the only question is the mode of service. The authorized representative may choose in handing it personally, send it through registered mail or through courier service.  

ajac wrote:Are courier services be considered as duly authorized representative of the bidder?

No. From the above explanation, courier services cannot be construed as the "duly authorized representative" but merely an agent of such for the conveyance of bid tenders/documents.

ajac wrote:How about submission through fax and email? There is no personal services involved in the submission of RFQ.

In public bidding, the specific rule is that bids must be "sealed" in "two envelopes" following the 2-envelope rule. There is no way you can send the bids through fax or email without violating the rules. Until such time "electronic bid submission" is rolled out (take note that the Guidelines for the conduct of E-Bidding is already out), public bid offers may only be submitted personally or through mail or courier.

In case of RFQs, there is a certain degree of liberality depending upon the choice of the BAC whether to adopt "sealed" or "open" quotations. In such case where "open" quotations are permitted, email or fax submission is acceptable.
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