QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

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QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by eamnear on Sat Jul 21, 2012 12:11 pm

Good Day!
Just want to ask for help, we conducted public bidding in one of our projects,the first bidding was failed due to insufficient bid security posted by three(3) prospective bidders,the second failure was due to no eligible bidders at all purchased bid documents for the said project,after the second failure,the Committee opted to Negotiated Procurement,my inquiry are these;

1) Is it proper not to include in sending letter of Invitation to submit quotations needed in Nego- Procurement those bidders from first bidding?
2) After the submission of the needed quotations, do we need to put in writing(minutes of meeting) the discussions and negotiations with bidders in Negotiation Stage?

Thanking in advance for advices that anyone could give.









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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by RDV @ GP3i on Sat Jul 21, 2012 12:42 pm

eamnear wrote:Good Day!
Just want to ask for help, we conducted public bidding in one of our projects,the first bidding was failed due to insufficient bid security posted by three(3) prospective bidders,the second failure was due to no eligible bidders at all purchased bid documents for the said project,after the second failure,the Committee opted to Negotiated Procurement,my inquiry are these;

1) Is it proper not to include in sending letter of Invitation to submit quotations needed in Nego- Procurement those bidders from first bidding?
2) After the submission of the needed quotations, do we need to put in writing(minutes of meeting) the discussions and negotiations with bidders in Negotiation Stage?

Thanking in advance for advices that anyone could give.

Before I answer your questions, it is very interesting first to find out why the reasons for the two failure of biddings happened. At any rate, Sec. 35 and 53.1 of the IRR of RA 9184 provide that after each failure of bidding the BAC has to determine the reason therefor.

It is interesting to note that all 3 bidders failed because their bid securities are insufficient. How come? The amount of bid security not only the equivalent % of the ABC for each form should already be indicated in the bid docs. So, how could it be still possible for all the 3 bidders to have insufficient bid security.

The second interesting point is, how come during the re-bidding, all the 3 bidders did no longer participate and, in fact, nobody participated resulting to another failure?

You know, you could not help it if some would suspect that there was a deliberate attempt to have a failure of bidding so that the procuring entity could resort to negotiated procurement thereafter.

I hope you could enlighten us about these things so we can also properly advise you on the things you want to be clarified.
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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by eamnear on Thu Jul 26, 2012 2:51 pm

Gud day sir, we're sorry for not replying soon, there was a connection failure in the locality, during our first bidding, the Committee doesn't know why the three bidders posted an insufficient cash bid security, the Committee sees that maybe the bidders was not reading ITB or nalito po in the amount of bid security to be posted kc po madami sila sinalihan bids dat tym, that's why Sec.27 of R.a 9184 ang ini apply and the Committee declared the first failure, while on the second failure after the required amount of seven (7) days posting and the diligent efforts of the Secretariat to invite prospective bidders, no bidders purchased bid docs and the 3 bidders from first bidding did no longer participate, Sir, for info in our locality there were no established bidder joining in our public bidding, bidders from adjacent towns are the ones were inviting and probably they'll become not interested anymore in the project because di namn po kalakihan ang ABC..kaya po the Committee opted to Nego- Procurement, to be specific po its Purchase of Mats. for Water System Connection in one of our mountainous barangay.

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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by eamnear on Sun Aug 05, 2012 2:39 pm

Gud day sir, we're sorry for not replying soon, there was a connection failure in the locality, during our first bidding, the Committee doesn't know why the three bidders posted an insufficient cash bid security, the Committee sees that maybe the bidders was not reading ITB or nalito po in the amount of bid security to be posted kc po madami sila sinalihan bids dat tym, that's why Sec.27 of R.a 9184 ang ini apply and the Committee declared the first failure, while on the second failure after the required amount of seven (7) days posting and the diligent efforts of the Secretariat to invite prospective bidders, no bidders purchased bid docs and the 3 bidders from first bidding did no longer participate, Sir, for info in our locality there were no established bidder joining in our public bidding, bidders from adjacent towns are the ones were inviting and probably they'll become not interested anymore in the project because di namn po kalakihan ang ABC..kaya po the Committee opted to Nego- Procurement, to be specific po its Purchase of Mats. for Water System Connection in one of our mountainous barangay.

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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by RDV @ GP3i on Sun Aug 05, 2012 7:47 pm

eamnear wrote:Gud day sir, we're sorry for not replying soon, there was a connection failure in the locality, during our first bidding, the Committee doesn't know why the three bidders posted an insufficient cash bid security, the Committee sees that maybe the bidders was not reading ITB or nalito po in the amount of bid security to be posted kc po madami sila sinalihan bids dat tym, that's why Sec.27 of R.a 9184 ang ini apply and the Committee declared the first failure, while on the second failure after the required amount of seven (7) days posting and the diligent efforts of the Secretariat to invite prospective bidders, no bidders purchased bid docs and the 3 bidders from first bidding did no longer participate, Sir, for info in our locality there were no established bidder joining in our public bidding, bidders from adjacent towns are the ones were inviting and probably they'll become not interested anymore in the project because di namn po kalakihan ang ABC..kaya po the Committee opted to Nego- Procurement, to be specific po its Purchase of Mats. for Water System Connection in one of our mountainous barangay.

If there was really no deliberate attempt to cause a 2-failure of bidding, then let me then answer your questions.

1. You are still required to post your invitation for Negotiated Procurement (due to 2 bidding failures) in the PhilGEPS, website (if any), and conspicuous places. There is no need to send direct invitations to any bidder (although it is not prohibited either), so you won't be violating rules if you don't send direct invitations to the previous 3 bidders.

2. If is necessary that you document the negotiation process, therefore, it has to be put into the minutes of negotiation..
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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by eamnear on Tue Aug 07, 2012 10:50 pm

thank you so much for the enlightenment sir! God Bless po! :bounce

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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by Jovinal on Wed Aug 21, 2013 9:42 am

Sir RVD can you elaborate further the STEPS IN THE NEGOTIATION PROCESS from sending invitation up to issuance of award. Thank you.
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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

Post by gherzy27 on Wed Aug 24, 2016 8:12 am

kindly download the procurement manual for local government units at gppb.gov.ph....all the procedures are detailed...thank you

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Re: QUERY ON NEGOTIATED PROCUREMENT AFTER TWO FAILED BIDDINGS

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