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Postpone opening of bids due to unsettled issue

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Postpone opening of bids due to unsettled issue

Post by ditditlazo on Thu Aug 23, 2012 8:24 pm

HI
I just attended a Pre bid conference, There was an unsettle issue (legal) can i request a postponement on the day of opening due to a legal unsettle issue that was not answered by the BAC?

Thanks

Ditdit lazo

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Re: Postpone opening of bids due to unsettled issue

Post by engrjhez® on Thu Aug 23, 2012 8:35 pm

ditditlazo wrote:HI
I just attended a Pre bid conference, There was an unsettle issue (legal) can i request a postponement on the day of opening due to a legal unsettle issue that was not answered by the BAC?

Thanks

Ditdit lazo

It depends on the issue raised. Only the BAC can decide whether to postpone or not the deadline depending on the merits of your cause. Smile
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Re: Postpone opening of bids due to unsettled issue

Post by ditditlazo on Thu Aug 23, 2012 8:47 pm

But is it possible for me to put unto the table a MOTION OF POSTPONEMENT on the day of the bidding

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Re: Postpone opening of bids due to unsettled issue

Post by engrjhez® on Thu Aug 23, 2012 9:03 pm

ditditlazo wrote:But is it possible for me to put unto the table a MOTION OF POSTPONEMENT on the day of the bidding

There is no such thing po as "Motion of Postponement". If you will file it during the deadline of bid opening, there is almost no chance you will be favored. Sec.22.5.1 of the IRR provides:
22.5.1. Requests for clarification(s) on any part of the Bidding Documents or for an
interpretation must be in writing and submitted to the BAC of the procuring
entity concerned at least ten (10) calendar days before the deadline set for the
submission and receipt of bids. The BAC shall respond to the said request by
issuing a Supplemental/Bid Bulletin, duly signed by the BAC chairman, to be
made available to all those who have properly secured the Bidding Documents,
at least seven (7) calendar days before the deadline for the submission and
receipt of bids.
There is a prescribed period for filing of actions and such must be observed so that the BAC may validly postpone the deadline. Smile


Last edited by engrjhez® on Fri Aug 24, 2012 10:21 am; edited 1 time in total (Reason for editing : change of tense)
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Re: Postpone opening of bids due to unsettled issue

Post by ditditlazo on Fri Aug 24, 2012 8:28 am

Thanks so much for the clarification
AUG. 17 was the Prebid Conference the legal matter was discussed. till today the mater was not resolve and the prebid conference details was not yet published in philgeps, It was not the fault of the bidding company that the bac didi not act on the matter at the soonest time, What kind of action shall we take bec. the bidding is on tuesday and monday is a holiday?

Thanks again

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Re: Postpone opening of bids due to unsettled issue

Post by RDV @ GP3i on Fri Aug 24, 2012 3:17 pm

ditditlazo wrote:Thanks so much for the clarification
AUG. 17 was the Prebid Conference the legal matter was discussed. till today the mater was not resolve and the prebid conference details was not yet published in philgeps, It was not the fault of the bidding company that the bac didi not act on the matter at the soonest time, What kind of action shall we take bec. the bidding is on tuesday and monday is a holiday?

Thanks again

Since the BAC did not issue any bid/supplemental bulletin on the "legal" issue you mentioned, which was discussed during the pre-bid conference, and will likely proceed with the scheduled bid opening, then you may signify during bid opening your intention to submit a written request for reconsideration of its action of proceeding with the bid opening without resolving a legal issue which you considered important.

It is a long shot, but filing a request for reconsideration, after the BAC has convened for the opening of the bids, is a remedy available to you. That "Motion for Postponement" that you were thinking of should have been submitted to the BAC not later than August 20, 3 days after the pre-bid conference, as it could be construed still as a request for reconsideration of the BAC's decision not to settle a legal issue which you considered important.

Those are just my thoughts on the matter.
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Re: Postpone opening of bids due to unsettled issue

Post by engrjhez® on Tue Aug 28, 2012 4:17 pm

ditditlazo wrote:Thanks so much for the clarification
AUG. 17 was the Prebid Conference the legal matter was discussed. till today the mater was not resolve and the prebid conference details was not yet published in philgeps, It was not the fault of the bidding company that the bac didi not act on the matter at the soonest time, What kind of action shall we take bec. the bidding is on tuesday and monday is a holiday?

Thanks again

Can you share with us what happened next? Smile
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