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INVITING A DISQUALIFIED PROPONENT IN THE PRE-BID CONFERENCE

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INVITING A DISQUALIFIED PROPONENT IN THE PRE-BID CONFERENCE

Post by kruger on Thu Jul 23, 2009 10:22 am

Hi Guys,

I need guidance ASAP. Our Chairman suddenly decided to invite a disqualified bidder in our Pre-Bidding Conference scheduled at 2:00 P.M. this afternoon. The Chairman says that he will explain the reasons for its disqualification during the pre-bid conference and will sign the letter denying their request for recon at the same time.

I think this will be highly irregular and I need some basis to point this out to the Chairman.

Thanks!
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Re: INVITING A DISQUALIFIED PROPONENT IN THE PRE-BID CONFERENCE

Post by sunriser431 on Thu Jul 23, 2009 11:17 am

kruger wrote:Hi Guys,

I need guidance ASAP. Our Chairman suddenly decided to invite a disqualified bidder in our Pre-Bidding Conference scheduled at 2:00 P.M. this afternoon. The Chairman says that he will explain the reasons for its disqualification during the pre-bid conference and will sign the letter denying their request for recon at the same time.

I think this will be highly irregular and I need some basis to point this out to the Chairman.

Thanks!
I presume this is for the procurment for Infrastructure. Here the procedure for the eligibility check/screening and the available remedy for the prospective bidder.

Methodology: How is an Eligibility Check/Screening conducted?
1. The BAC shall open in public the Eligibility envelopes on the date specified in the IAEB.(IRR-A Section 23.1) The BAC shall read in public the contents of the Eligibility envelopes, and shall examine each prospective bidder’s eligibility requirements or statements. It shall record the presence or absence of eligibility documents in a checklist. This procedure is referred to as Eligibility Check, the purpose of which is to determine if a prospective bidder is eligible to participate in the bidding at hand. In determining a prospective bidder’s eligibility, the BAC shall use a non- discretionary “pass/fail” criteria, as stated in the IAEB and the ITB. Essentially, this means that the absence,
incompleteness or insufficiency of a document shall make a prospective bidder ineligible to bid for the particular procurement. (IRR-A Section 23.2)
2. The BAC shall declare prospective bidders as either “eligible” or “ineligible”, based on the findings in Item 1 above, and inform them accordingly. The Eligibility envelopes shall likewise be marked as such, and these markings shall be countersigned by the BAC chairperson or his duly designated authority. (IRR-A Section 23.2) The BAC shall prepare a proforma Notice of Eligibility and a Notice of Ineligibility which will be duly accomplished by the BAC Secretariat and signed by the BAC members present during the Eligibility Check/Screening. In case a prospective bidder is declared ineligible, the Notice of Ineligibility shall state the reason for such ineligibility. The Notice will be received officially by the bidder’s authorized representative.
3. The BAC shall inquire from ineligible bidders whether or not they intend to file a request for reconsideration; if they signify their intention to do so, the BAC shall keep the Eligibility envelopes containing the eligibility requirements and re-seal the same in the presence of all the participants. These shall be deposited in the Bid Box or any other secured place or location. In fact, with or without any indication on the part of the prospective bidder of its intention to file a request for reconsideration, it would be advisable for the BAC to hold on to the Eligibility envelopes containing the
eligibility requirements, duly re-sealed and deposited, until the expiration of the period for filing a request for reconsideration, to ensure the integrity of these documents; unless if the said prospective bidder waives its right to file a request for reconsideration.

What can a prospective bidder do if it is found ineligible?
A prospective bidder that was absent during the Eligibility Check and was found ineligible has seven (7) calendar days from receipt of the Notice of Ineligibility, within which to file a written request for reconsideration before the BAC. If the prospective bidder was present during Eligibility Check and was duly notified (a verbal notification will suffice in this case) of its ineligibility, it also has 7 calendar days upon such notice within which to file a written request for reconsideration. Seven (7) calendar days after it receives a letter requesting for reconsideration, the BAC should resolve such request. In the meantime, it will hold on to the Eligibility envelopes of the prospective bidder until the request for reconsideration is resolved. In so doing, it can request the prospective bidder to clarify its eligibility documents, if necessary. (IRR-A Section 23.3) The BAC may return the eligibility envelope if the prospective bidder is declared “ineligible” and expressly waives his right to file a request for reconsideration. Such waiver shall be made in writing, to be executed by the authorized representative of the ineligible bidder.
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Re: INVITING A DISQUALIFIED PROPONENT IN THE PRE-BID CONFERENCE

Post by RDV @ GP3i on Fri Jul 24, 2009 12:15 pm

kruger wrote:Hi Guys,

I need guidance ASAP. Our Chairman suddenly decided to invite a disqualified bidder in our Pre-Bidding Conference scheduled at 2:00 P.M. this afternoon. The Chairman says that he will explain the reasons for its disqualification during the pre-bid conference and will sign the letter denying their request for recon at the same time.

I think this will be highly irregular and I need some basis to point this out to the Chairman.

Thanks!

It is a bit odd, but if the BAC Chairman says that is only to "explain the reasons for its disqualification during the pre-bid conference", maybe you just need to give him the benefit of your doubt. Maybe, the Chair decided to use the pre-bid conference, where other bidders may also be present, to explain certain points so that prospective bidders could avoid in succeeding procurements from being disqualified at any stage in the procurement process. At any rate, the pre-bid conference is a venue for clarifications to be made by the BAC and for bidders to be clarified as to all the requirements.

Just keep us posted afterwards on what happened during your pre-bid this afternoon.
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Re: INVITING A DISQUALIFIED PROPONENT IN THE PRE-BID CONFERENCE

Post by kruger on Wed Jul 29, 2009 10:37 am

Hi RDV,

Thanks! Sorry for the late reply. The conference went as you predicted. The Chairman informed the ineligible bidders of the grounds for their disqualification and asked if they have anything to say about the matter.

They, in fact had many things to say. But it was clear in the end that the non-discretionary "pass/fail" criteria we employ made their arguments moot and academic.

BTW, I found out just before the pre-bid conference that indeed, ineligible bidders are allowed to participate (GPM Vol. 3 pp. 44).

Thanks again! Smile
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Re: INVITING A DISQUALIFIED PROPONENT IN THE PRE-BID CONFERENCE

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