payment fee fron bidding document

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payment fee fron bidding document

Post by mharkfirefox_1971 on Mon Oct 01, 2012 1:54 pm

if the bidder had already bought a bid document and in an event that there is a failure in the said bidding, is there a need to buy or pay for another bid document fee for a rebidding?

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Re: payment fee fron bidding document

Post by alpha1 on Mon Oct 01, 2012 4:57 pm

mharkfirefox_1971 wrote:if the bidder had already bought a bid document and in an event that there is a failure in the said bidding, is there a need to buy or pay for another bid document fee for a rebidding?

There is no need unless there are some revisions on the project to be bid.
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Re: payment fee fron bidding document

Post by engrjhez® on Mon Oct 01, 2012 5:29 pm

mharkfirefox_1971 wrote:if the bidder had already bought a bid document and in an event that there is a failure in the said bidding, is there a need to buy or pay for another bid document fee for a rebidding?

Even though the GPPB issued a resolution (GPPB Resolution No. 04-2012) to prescribe the guidelines for bidding documents fee, there is no provision if on subsequent participation of bidders, bidding document fees may be waived.

There is an opinion from GPPB however, that may guide you.

Number : NPM 086-2012
Subject : Competitive Public Bidding and Refund of the Cost of Bidding Documents
Date : 2012-07-16
Requesting Entity : JVF Commercial and Project – Development Support Service (JVF)
Issues Concern : Competitive Public Bidding and Refund of the Cost of Bidding Documents

x x x

2. Whether JVF can request for a refund of the amount paid for the bidding documents after the terms and conditions of the first bidding documents originally purchased were materially changed.

[T]he Philippine Bidding Documents for Goods specify under the IB and the Instruction to Bidders (ITB) that Bidders are to pay the non-refundable fee for bidding documents to be able to participate in the bidding.

[F]ees charged for the bidding documents must always be reasonable and conscionable, and not unjust, excessive, oppressive, or confiscatory, based on the fundamental principle governing the exercise of the taxing and other revenue-raising powers of local government units provided in Section 130(b)(2) of Republic Act No. 7160, otherwise known as the Local Government Code; and, the Civil Code provision on unjust enrichment. The principle of unjust enrichment under Article 22 requires two conditions: (1) that a person is benefited without a valid basis or justification, and (2) that such benefit is derived at another's expense or damage.

From the foregoing, if JVF finds reason in claiming a refund based on legal remedies available under the Local Government Code on the collection of unjust, excessive, oppressive, or confiscatory fees; and the principle of unjust enrichment, it may raise the matter in an appropriate proceeding in a proper court, quasi-judicial or administrative agencies of competent jurisdiction. (underscoring supplied)

But since such unjust discretion on bidding documents fee is super ceded by prescribing the (maximum) bidding document fees, it is but logical to maintain the plain meaning of "non-refundable" in effect. Smile
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