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How can we level the field against favored contractors?

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How can we level the field against favored contractors?

Post by orlan747 on Fri Aug 07, 2009 5:07 pm

Each procuring entity that favors a particular contractor employs different tactics in discouraging "us", other prospective bidders. Some procuring entity may require a local Mayor's Permit, and then require stringent requirements in getting one. Others may post incomplete/incorrect info and data at PHILGEPS, and then when you call the given number to ask for more info, nobody knows from the other line or they may give conflicting data. (A city in Negros Occidental required a Triple A PCAB License for a 59M project!!) The most favorite tactic so far that I have observed is the ploy of pricing Bid Docs up to a level where "we" will truly be discouraged from joining. (One city in Cebu province even have the novelty of charging 25% of 1% of the ABC as an LOI fee!!). There are really so many tactics that these procuring entities may employ to make sure that their favored contractors emerge victorious.

Now the question is: HOW CAN WE LEVEL THE FIELD AGAINST FAVORED CONTRACTORS OF THESE PROCURING ENTITIES?
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Re: How can we level the field against favored contractors?

Post by riddler on Fri Aug 07, 2009 5:47 pm

orlan747 wrote:Each procuring entity that favors a particular contractor employs different tactics in discouraging "us", other prospective bidders. Some procuring entity may require a local Mayor's Permit, and then require stringent requirements in getting one. Others may post incomplete/incorrect info and data at PHILGEPS, and then when you call the given number to ask for more info, nobody knows from the other line or they may give conflicting data. (A city in Negros Occidental required a Triple A PCAB License for a 59M project!!) The most favorite tactic so far that I have observed is the ploy of pricing Bid Docs up to a level where "we" will truly be discouraged from joining. (One city in Cebu province even have the novelty of charging 25% of 1% of the ABC as an LOI fee!!). There are really so many tactics that these procuring entities may employ to make sure that their favored contractors emerge victorious.

Now the question is: HOW CAN WE LEVEL THE FIELD AGAINST FAVORED CONTRACTORS OF THESE PROCURING ENTITIES?

orlan747, your observation is true. i think the reason why RA 9184 was enacted is to provide mechanisms to level-off the playing field for the players.. As to stringent requirements of some Procuring Entity, you may address the issue in a proper forum naMan, like the Court. On the 3A PCAB License requirements for a 59M (thats preposterous!), i think the BAC maybe mis-informed of the minimum requirements of RA 9184. As to the Cost of Bidding Documents, the GPPB should provide a uniform "fixed cost" guidelines for that. Some BAC kasi are acting like the "old guards", akala kasi nila discretionary ang powers nila.
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Re: How can we level the field against favored contractors?

Post by orlan747 on Fri Aug 07, 2009 6:08 pm

Thanks Ruel. I agree completely with you that GPPB should provide a "fixed cost" guidelines for the Bidding Documents. Imagine a Bid Doc that costs P175,000 for a 17.5M project?!!

Believe me, the AAA requirement for a 59M project was not a mistake. Several contractors asked for a clarification citing several circulars from PCAB and the RA9184 itself, but the PROCURING entity just told us that the requirement was cleared by their LEGAL OFFICER!!!

Regarding the "Court", I think everything has to be resolved first within the entity before the Court acquire jurisdiction. And that involves a filing fee of 1% of the ABC to file a complain to the HEAD of the Procuring Entity!!!
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Re: How can we level the field against favored contractors?

Post by riddler on Sun Aug 09, 2009 10:38 am

orlan747 wrote:Thanks Ruel. I agree completely with you that GPPB should provide a "fixed cost" guidelines for the Bidding Documents. Imagine a Bid Doc that costs P175,000 for a 17.5M project?!!

Believe me, the AAA requirement for a 59M project was not a mistake. Several contractors asked for a clarification citing several circulars from PCAB and the RA9184 itself, but the PROCURING entity just told us that the requirement was cleared by their LEGAL OFFICER!!!

Regarding the "Court", I think everything has to be resolved first within the entity before the Court acquire jurisdiction. And that involves a filing fee of 1% of the ABC to file a complain to the HEAD of the Procuring Entity!!!

REVISED IMPLEMENTING RULES AND REGULATIONS OF R.A. 9184

Section 55. Protests on Decisions of the BAC

55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
filing a request for reconsideration within the three (3) calendar days upon receipt of
written notice or upon verbal notification. The BAC shall decide on the request for
reconsideration within seven (7) calendar days from receipt thereof.
If a failed bidder signifies his intent to file a request for reconsideration, the BAC
shall keep the bid envelopes of the said failed bidder unopened and/or duly sealed
until such time that the request for reconsideration has been resolved.

55.2. In the event that the request for reconsideration is denied, decisions of the BAC may
be protested in writing to the Head of the Procuring Entity: Provided, however, That
a prior request for reconsideration should have been filed by the party concerned in
accordance with the preceding Section, and the same has been resolved.

55.3. The protest must be filed within seven (7) calendar days from receipt by the party
concerned of the resolution of the BAC denying its request for reconsideration. A
protest may be made by filing a verified position paper with the Head of the
Procuring Entity concerned, accompanied by the payment of a non-refundable
protest fee. The non-refundable protest fee shall be in an amount equivalent to no
less than one percent (1%) of the ABC.

55.4. The verified position paper shall contain the following information:

a) The name of bidder;
b) The office address of the bidder;
c) The name of project/contract;
d) The implementing office/agency or procuring entity;
e) A brief statement of facts;
f) The issue to be resolved; and
g) Such other matters and information pertinent and relevant to the proper
resolution of the protest.
The position paper is verified by an affidavit that the affiant has read and understood
the contents thereof and that the allegations therein are true and correct of his
personal knowledge or based on authentic records. An unverified position paper
shall be considered unsigned, produces no legal effect, and results to the outright
dismissal of the protest.

Section 56. Resolution of Protests

The protests shall be resolved strictly on the basis of records of the BAC. The Head of the
Procuring Entity shall resolve the protest within seven (7) calendar days from receipt
thereof. Subject to the provisions of existing laws on the authority of Department
Secretaries and the heads of agencies, branches, constitutional commissions, or
instrumentalities of the GOP to approve contracts, the decisions of the Head of the Procuring
Entity concerned shall be final up to the limit of his contract approving authority. With
respect to LGUs, the decision of the local chief executive shall be final. The head of the BAC
Secretariat shall furnish the GPPB a copy of the decision resolving the protest within seven
(7) calendar days from receipt thereof.


Section 57. Non-interruption of the Bidding Process

In no case shall any protest taken from any decision treated in this Rule stay or delay the
bidding process: Provided, however, That protests must first be resolved before any award
is made.


Orlan, teach them a lesson, you have a winning case, why dont you try it!
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Re: How can we level the field against favored contractors?

Post by engrjhez® on Tue Aug 11, 2009 7:26 pm

The problem engr.ruel is... can they establish that the (very) exaggerated requirement like 3A PCAB license holds sufficient grounds for their win? Next, will the (non-refundable) protest fee of P590,000.00 be worth the fight? Rolling Eyes All and many other complications should eb carefully considered. Baka kasi project naman ang mag-suffer just in case...
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