in search of a Specific Article in the RA 9184

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in search of a Specific Article in the RA 9184

Post by liway on Tue Oct 23, 2012 8:02 pm

I hope you could help me locate and site a specific article in the RA 9184 or any applicable Philippine laws which can support the claim of one of our lecturers regarding the right for any prospective bidder to view and know the items to be bidded during the pre-bidding conference and or within the period- between the prebidding and opening of bids, even if the prospective bidders haven't bought the bid documents yet.

Reasoning that this should be done to exercise a fair access to information and have a competitive bidding proceedings. Since, usually prospective bidders will only be able to decide whether to join or not to join a bidding after viewing the items and evaluation if they have the items and can comply with all the necessary documents the bidding may require.

Just to be fair with the bidders/suppliers.

I really hope you could help me with this. Thank you.

Liway

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Re: in search of a Specific Article in the RA 9184

Post by engrjhez® on Tue Oct 23, 2012 9:56 pm

liway wrote:I hope you could help me locate and site a specific article in the RA 9184 or any applicable Philippine laws which can support the claim of one of our lecturers regarding the right for any prospective bidder to view and know the items to be bidded during the pre-bidding conference and or within the period- between the prebidding and opening of bids, even if the prospective bidders haven't bought the bid documents yet.

Reasoning that this should be done to exercise a fair access to information and have a competitive bidding proceedings. Since, usually prospective bidders will only be able to decide whether to join or not to join a bidding after viewing the items and evaluation if they have the items and can comply with all the necessary documents the bidding may require.

Just to be fair with the bidders/suppliers.

I really hope you could help me with this. Thank you.

Liway

You may refer to Rule VI, Section 17.3 as follows:

17.3. To provide prospective bidders ample time to examine the Bidding Documents and to
prepare their respective bids, the concerned BAC shall make the Bidding Documents
for the contract to be bid available for the following period:

  1. For the procurement of goods and infrastructure projects, from the time the
    Invitation to Bid is first advertised/posted until the deadline for the submission
    and receipt of bids.

  2. For the procurement of consulting services, eligibility documents shall be made
    available from the time the Request for Expression of Interest is first
    advertised/posted until the deadline for the eligibility check, and the Bidding
    Documents, from the determination of the short list until the deadline for the
    submission and receipt of bids.

This is to to made in reference to Sec.17.5:

17.5. The procuring entity shall also post the Bidding Documents at its website and at the
PhilGEPS website from the time that the Invitation to Bid/Request for Expression of
Interest is advertised. Prospective bidders may download the Bidding Documents
from any of the said websites;
Provided that, bidders shall pay the fee for the
Bidding Documents upon submission of their Bids. (underscoring supplied)

Hope it helps. Smile
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Re: in search of a Specific Article in the RA 9184

Post by liway on Wed Oct 24, 2012 12:54 pm

what could you suggest for us to do with the agencies who are not allowing our representatives to attend pre-bidding conference and know the items to be bidded, if they haven't bought or paid for the bidding documents yet? Because their reasons for their actions and procedures seems to be very unfair for us bidders, if we will buy the bidding documents without knowing at least what items are included there that we could bid for.

How could you or we address and clear the issue with these few government hospitals?

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Re: in search of a Specific Article in the RA 9184

Post by mojacko on Wed Oct 24, 2012 2:01 pm

liway wrote:I hope you could help me locate and site a specific article in the RA 9184 or any applicable Philippine laws which can support the claim of one of our lecturers regarding the right for any prospective bidder to view and know the items to be bidded during the pre-bidding conference and or within the period- between the prebidding and opening of bids, even if the prospective bidders haven't bought the bid documents yet.

Reasoning that this should be done to exercise a fair access to information and have a competitive bidding proceedings. Since, usually prospective bidders will only be able to decide whether to join or not to join a bidding after viewing the items and evaluation if they have the items and can comply with all the necessary documents the bidding may require.

Just to be fair with the bidders/suppliers.

I really hope you could help me with this. Thank you.

Liway

Good Day!

I think there is no need for the bidder to inquire such things if they have downloaded the bidding documents as part of your attachments when you post the ITB in the PhilGEPS website.


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Re: in search of a Specific Article in the RA 9184

Post by liway on Wed Oct 24, 2012 3:33 pm

the problem here Mojacko is that there is no clear and detailed description of the items posted in the PhilGEPs Website. For these cases, the agency doesn't include the detail and describe the items as it should be.
They would just give the Title: Medical Supplies, but wouldn't tell or post what specific supplies are these considering the huge variety there is.

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Re: in search of a Specific Article in the RA 9184

Post by engrjhez® on Wed Oct 24, 2012 3:50 pm

liway wrote:the problem here Mojacko is that there is no clear and detailed description of the items posted in the PhilGEPs Website. For these cases, the agency doesn't include the detail and describe the items as it should be.
They would just give the Title: Medical Supplies, but wouldn't tell or post what specific supplies are these considering the huge variety there is.

From my above cited provisions, Procuring Entities are mandated to upload the bidding documents in their posting in the PhilGEPS. It must include all components even items necessary for bidders to bid solely on such documents. Culprits may be held liable in violation of R.A. No. 3019 or Anti-Graft and Corrupt Practices Act. Section 3(e) is self explanatory:

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.


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