Non-Refundable Tender Documents Fee

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Non-Refundable Tender Documents Fee

Post by safari2012 on Sun Jul 08, 2012 12:35 pm

Good morning!

I would like to clarify if Tender Documents Fee is not refundable if the Project that was being advertised by an Implementing Agency was cancelled prior to Bid Opening. I already paid the tender documents fee before the bid bulletin announced by them. Is there a right for me to refund the docs fee, since the project was already cancelled?

Please help.

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Re: Non-Refundable Tender Documents Fee

Post by engrjhez® on Mon Jul 09, 2012 11:39 am

safari2012 wrote:Good morning!

I would like to clarify if Tender Documents Fee is not refundable if the Project that was being advertised by an Implementing Agency was cancelled prior to Bid Opening. I already paid the tender documents fee before the bid bulletin announced by them. Is there a right for me to refund the docs fee, since the project was already cancelled?

Please help.

The Biding Documents fee is absolutely non-refundable. The mere fact that you decided to participate in the (government) bidding process, you are already bounded by the provisions of Government procurement Reform Act (RA 9184). That includes a clause in the Invitation to bid that says:
The [Procuring Entity] reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to contract award, without thereby incurring any liability to the affected bidder or bidders.
(emphasis supplied)

Consistent with the reservation clause provided for under Sec.41. of the IRR:
The Head of the Procuring Entity reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract x x x

But it should be reminded that such failure, annulment, or not to award any contract shall only be based on the conditions enumerated under the same provision. You may want to clarify to the Procuring Entity the reason for such cancellation of project for record purposes.
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Re: Non-Refundable Tender Documents Fee

Post by orlan747 on Mon Jul 09, 2012 6:58 pm

safari2012 wrote:Good morning!

I would like to clarify if Tender Documents Fee is not refundable if the Project that was being advertised by an Implementing Agency was cancelled prior to Bid Opening. I already paid the tender documents fee before the bid bulletin announced by them. Is there a right for me to refund the docs fee, since the project was already cancelled?

Please help.

Some PE may return the costs of the bidding docs voluntarily as what DOH7 did when they cancelled their BLOOD CENTER BUILDING project last year. Mind you, the cancellation was AFTER the bidding, yet they returned the 60k we paid for the bid docs!

Of course numerous others will not. The best option therefore Zafari2012 is to inquire from the concerned procuring entity.
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Re: Non-Refundable Tender Documents Fee

Post by regina avelino on Wed Jul 11, 2012 10:38 am

just my opinion mga beloved forum members.

if the bidding is cancelled before the opening of bids, regardless of the reason, PE should return the bid document fee. For fairness sake.

if the bidding is cancelled after the opening of the bids, the PE should only return the bid document fee if it is not in accordance with the rights of the PE per IRR and the bidding document. IRR sake.

thanks po.

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