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communication through email

Post by isabelo c. rodriguez on Mon Jul 09, 2012 11:07 pm

good evening po sa lahat!
Are messages sent through email acceptable or considered official communication on matters relating to bid clarification, motion for reconsideration etc.? Sec. 55.1 of RA 9184 mentions "verbal notification" in notifying or communicating to bidders. what about email? any official view so far on electronic mail? thank you po.

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Re: communication through email

Post by regina avelino on Wed Jul 11, 2012 11:13 am

motion for reconsideration should not be filed through e-mail. it must be in writing and signed by the appropriate representative of the bidder and the replies by the PE should be the same. the verbal notification as per 55.1 refers to the verbal information relayed by the BAC to the losing/disqualified bidder during bid opening which is allowed. bid clarification made by the BAC as well as the reply from the bidder should be writing and signed. my mga bidder po na advance information po ang ginagawa thru email but simultaneously they send the letter through registered mail.

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Re: communication through email

Post by isabelo c. rodriguez on Wed Jul 11, 2012 3:44 pm

thank you mam avelino. but what about messages sent through fax? a bidder complained when bac rejected his letter of motion for recon for having violated the 3 cd rule. our bac secretariat faxed the post-disqualification notice to him on friday, june 29 but received his motion via email, on july 3 or the fourth day. he insisted he never received our fax message but fortunately for us, an "ok" fax result tape meaning the letter was sent successfully, is still with us. our bac secretariat simply forgot to send it via registered mail or through courier. just the same, is bac's decision correct? thank you.

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Re: communication through email

Post by orlan747 on Thu Jul 12, 2012 10:39 am

isabelo c. rodriguez wrote:thank you mam avelino. but what about messages sent through fax? a bidder complained when bac rejected his letter of motion for recon for having violated the 3 cd rule. our bac secretariat faxed the post-disqualification notice to him on friday, june 29 but received his motion via email, on july 3 or the fourth day. he insisted he never received our fax message but fortunately for us, an "ok" fax result tape meaning the letter was sent successfully, is still with us. our bac secretariat simply forgot to send it via registered mail or through courier. just the same, is bac's decision correct? thank you.

The BAC could always justify their decisions, resorting to hair splitting especially if they are not inclined to consider whatever motion is at hand. As for the present case, you sent the notice by FAX on Friday, however the bidder claimed they did not receive it. You have no proof that indeed somebody received it, an "ok" fax result tape simply suggests that the letter was sent successfully but not necessarily that somebody physically received it. It was a Friday after all and nobody from BAC confirmed that somebody really received it. In my own humble experience, whenever BAC sent us a notice by FAX they usually ask us to fax-back the said notice with receipt notification from our part. Or sometimes, just a "verbal" confirmation over the phone is sufficient. I believe the operative phrase here is "upon receipt", before the "three calendar days" rule starts. Even if your secretariat did not forget to send the notice via registered mail or thru courier, the bidder still has to receive the same before the count down starts. It is sometimes baffling why the BAC sends notices on FRIDAYS, as if the Bidders don't rest on weekends.

In my humble opinion therefore sir, your committee erred in rejecting the Bidder's motion for the reason of violating the 3cd rule. My apologies, but it is my impression that the motion for reconsideration has merits and since the BAC is not inclined to favorably consider the same, the BAC resorted to a mis-understood 3cd rule. But, well, as I said the BAC could always justify their decisions.
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