Can declare a bidder non-responsive during bid opening

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Can declare a bidder non-responsive during bid opening

Post by jtronco on Mon Jan 28, 2013 4:30 pm

As how we understand it, Bid opening activity involve checking the presence and absence of required documents in a non-discretionary "pass/fail" criteria. Is it proper to declare a bidder during the bid opening as "non-responsive"? like for example there is discrepancy on the technical data sheet against the supporting product literature or brochure submitted. Bidder indicated "complying" but on the brochure it does not support or indicate that the bid is indeed responsive to the requirements of the procurement at hand. Is this ground for disqualification? or will it has to go through post-qualification where such discrepancy will be validated and verified?

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Re: Can declare a bidder non-responsive during bid opening

Post by regina avelino on Tue Jan 29, 2013 9:58 am

During bid opening, the BAC determines whether a bidder is "eligible" or "ineligible" to bid for a particular project by checking the compliance of the bidder with the requirements prescribed in the bid documents. Being "responsive" or "non-responsive" is the results of the post-qualification conducted after a bidder was considered lowest calculated bidder during the bid evaluation stage. Mere presence or absence of documents is not enough as the BAC ensures that the documents enumerated in the eligibility requirement must be complete and sufficient on its face, that is, it contains all the information required, and must comply with the requirements set out in the bidding documents. "For example, a Mayor’s Permit should be current, and submission of an expired Mayor’s Permit is deemed a “non-submission”. Another example of an insufficient submission is a Bid Security in an amount below the requirement. With regard to your example, if during the bid opening you already notice a discrepancy between the technical data sheet against the brochure submitted, the eligibility documents submitted is considered insufficient, thus may automatically considered "fail" and thus "ineligible". The financial envelop need not be opened as this bidder is already considered ineligible for the opening of the second envelop.

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