Suspending and rescheduling of the announcement of Financial Bid

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Suspending and rescheduling of the announcement of Financial Bid

Post by maria mancera on Tue Oct 02, 2012 6:11 pm

May I inquire please if there are no violations if the BAC of a procuring entity suspend to another schedule the announcement of financial bid although all financial bids of all bidders already open- these are bidders passed the eligibility and technical, the BAC members decided to reschedule to another day the announcement and they just signed the original copy of the financial proposals maybe to prevent any alterations in the financial proposal, is there any provisions of the procurement law violated by this procedure? Thank you..

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Re: Suspending and rescheduling of the announcement of Financial Bid

Post by jcolas on Wed Oct 03, 2012 9:40 am


I can not understand why your BAC decided to reschedule the reading of the contents of the Financial Envelope to another schedule even if these are already opened; but definitely that is against Section 32 of the IRR of RA 9184.
Opening of the bid does not just end there. The bids shall be evaluated and ranked , the purpose of which is to arrive at the Lowest Calculated Bidder. This shall be reflected in an Abstract of Bids which shall be duly signed by the members of the BAC.
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Re: Suspending and rescheduling of the announcement of Financial Bid

Post by engrjhez® on Wed Oct 03, 2012 11:51 am

maria mancera wrote:May I inquire please if there are no violations if the BAC of a procuring entity suspend to another schedule the announcement of financial bid although all financial bids of all bidders already open- these are bidders passed the eligibility and technical, the BAC members decided to reschedule to another day the announcement and they just signed the original copy of the financial proposals maybe to prevent any alterations in the financial proposal, is there any provisions of the procurement law violated by this procedure? Thank you..

There is an apparent violation of Sec.30.2 of the IRR:

30.2. Immediately after determining compliance with the requirements in the first
envelope, the BAC shall forthwith open the second bid envelope of each remaining
eligible bidder whose first bid envelope was rated “passed.”
The second envelope of
each complying bidder shall be opened within the same day, except as provided
under Section 33 of this IRR. In case one or more of the requirements in the second
envelope of a particular bid is missing, incomplete or patently insufficient, and/or if
the submitted total bid price exceeds the ABC, the BAC shall rate the bid concerned
as “failed”. Only bids that are determined to contain all the bid requirements for
both components shall be rated “passed” and shall immediately be considered for
evaluation and comparison. (underscoring supplied)
There is an exception however under Sec.30.3 where "the nature of the requirements of the project, the required technical specifications/requirements of the contract cannot be precisely defined in advance of bidding, or where the problem of technically unequal bids is likely to occur, a two (2)-stage bidding procedure may be employed. In these cases, the procuring entity concerned shall prepare the Bidding Documents, including the technical specification in the form of performance criteria only. x x x" Smile
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Re: Suspending and rescheduling of the announcement of Financial Bid

Post by maria mancera on Thu Oct 04, 2012 9:10 am

Thank you sir for clarifying..

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Re: Suspending and rescheduling of the announcement of Financial Bid

Post by vines on Thu Oct 04, 2012 9:35 am

sir engrjhez, can you provide a sample project which will require a two-stage bidding procedure so that we would know when to apply such.
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Re: Suspending and rescheduling of the announcement of Financial Bid

Post by engrjhez® on Thu Oct 04, 2012 6:34 pm

msc wrote:sir engrjhez, can you provide a sample project which will require a two-stage bidding procedure so that we would know when to apply such.

Usually when the project is complex and advance in nature. Take for instance a similar undertaking as that of the COMELEC in acquiring PCOS machines in the last automated election (2010). The specifications can really vary from one developer or manufacturer so that it would be nearly impossible to set the procuring entities schedule of requirements and specifications. To address the complexity, you need a 2-stage bidding process:

  1. In the 1st stage, the procuring entity concerned shall prepare the Bidding Documents, including the technical specification in the form of performance criteria only. It is usually in the form of Request for Proposal or RFP. Prospective bidders shall be requested at the first stage to submit their respective eligibility requirements if needed, and initial technical proposals only (no price tenders). The concerned BAC shall then evaluate the technical merits of the proposals received from eligible bidders vis-ŕ-vis the required performance standards. A meeting/discussion shall then be held by the BAC with those eligible bidders whose technical tenders meet the minimum required standards stipulated in the Bidding Documents for purposes of drawing up the final revised technical specifications/requirements of the contract.

  2. In the 2nd Stage - Once the final revised technical specifications are completed and duly approved by the concerned BAC, copies of the same shall be issued to all the bidders identified in the first stage who shall then be required to submit their revised technical tenders (Invitation to Bid - 2nd Stage), including their price proposals in two (2) separate sealed envelopes in accordance with the 2-envelope system of the IRR, at a specified deadline, after which time no more bids shall be received. The concerned BAC shall then proceed in accordance with the procedure prescribed in the IRR.

Hope it helps. Smile
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