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For Lot or For Line Bid; To Nego or To Withdraw

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For Lot or For Line Bid; To Nego or To Withdraw

Post by liway on Mon Aug 06, 2012 3:43 pm

Two Failed Bidding with a per Lot requirement was held by an agency "A", but after the 2 failed biddings, instead of proceeding to a negotiated procurement and have/implement the same rules for the game "Lot Bid" system, the agency decided to withdraw their right to conduct the bidding for the same items/project. And a new procuring entity "B" (another hospital-agency)have taken in-charge of the same project but decided to change the per Lot Bidding to a per Item/Line Bid.

Will these turn of events and procedures be considered legally acceptable to do?

Hope to have your wise opinion on this matter. Thanks!

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Re: For Lot or For Line Bid; To Nego or To Withdraw

Post by RDV @ GP3i on Mon Aug 06, 2012 4:14 pm

liway wrote:Two Failed Bidding with a per Lot requirement was held by an agency "A", but after the 2 failed biddings, instead of proceeding to a negotiated procurement and have/implement the same rules for the game "Lot Bid" system, the agency decided to withdraw their right to conduct the bidding for the same items/project. And a new procuring entity "B" (another hospital-agency)have taken in-charge of the same project but decided to change the per Lot Bidding to a per Item/Line Bid.

Will these turn of events and procedures be considered legally acceptable to do?

Hope to have your wise opinion on this matter. Thanks!

After each bidding resulting to failure, the BAC is required to determine the reason for failure. Based on the review done by the BAC, it may decide to change the terms and conditions, specifications, including the ABC.

So, if after the 2nd failure of bidding, which was done by Lot, the BAC has determined that it was the reason for the failure, then it is reasonable, acceptable, and legal for it to change the by Lot into a per Item basis.

If it also decided to have another procuring entity (or what is call a procurement agent) to do the procurement for them, that is also allowed under Sec. 53.6 of the IRR.

Should a 3rd bidding be decided, by either the procuring entity or by its procurement agent, it is also perfectly allowed so long it was the decision by the BAC and approved by the HOPE. As a bidder, then you can still join in the re-bidding.
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