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transferability of right to bid

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transferability of right to bid

Post by isabelo c. rodriguez on Fri Feb 15, 2013 5:32 pm

good afternoon to all! my question: can a bidder who bought bid docs transfer his right to participate to another bidder, without the latter buying another set of bid docs? is this not prohibited? i don't know if this has been ask before but we need to answer the query of this bidder as quickly as possible. please help!

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Re: transferability of right to bid

Post by RDV @ GP3i on Sat Feb 16, 2013 9:45 am

isabelo c. rodriguez wrote:good afternoon to all! my question: can a bidder who bought bid docs transfer his right to participate to another bidder, without the latter buying another set of bid docs? is this not prohibited? i don't know if this has been ask before but we need to answer the query of this bidder as quickly as possible. please help!

Participation by any party in public bidding is not a right but a privilege granted to them by law, provided the party is eligible and qualified to participate in the said bidding.

Considering that it is a privilege granted to a party, I believe that the same cannot be transferred to another without the consent of the party (procuring entity) which granted that privilege. Just my thought.
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Re: transferability of right to bid

Post by regina avelino on Mon Feb 18, 2013 10:20 am

Good morning, my opinion on the matter. There is no prohibition that the specific buyer of the bidding documents shall have sole right to participate for a particular project. This buyer shall have the freedom to transfer his right to participate to in any project for as long as the bidding documents which the buyer or the tranferee will use are paid to the government agency. Thus, the buyer will just have to inform in writing regarding the transfer to a different bidder and the approval nor the disapproval of the government agency is not required.


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Re: transferability of right to bid

Post by isabelo c. rodriguez on Mon Feb 18, 2013 11:41 am

he may be free to transfer that right, but the procuring entity also has the right to deny him that privilege. pwede rin po namin i-deny ang ganitong privilege, tama po ba? di nman po pwede na one-way lang.

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Re: transferability of right to bid

Post by attywaws on Mon Feb 18, 2013 3:59 pm

I agree with the argument that rights such as the right to participate in bidding are transferable since it is not one of those which are "purely personal" in nature.

On the other hand, I would opine that the Procuring Entity may not "deny" them the privilege as it was already a vested right. To allow such would in turn result to an absurd situation where the right may be transferred but the exercise of which may be denied by the P.E.
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Re: transferability of right to bid

Post by njimenez on Mon Feb 18, 2013 10:53 pm

i don't think that the right of the bidder who has purchased bidding documents may be transferred to another willing bidder if the former changes his mind not to participate and waive his/her rights to the latter since bid documents fee are non-refundable.Similarly, it cannot be transferred to another bidder even the original bidder informs the PE about his/her plan. The PE may opt to reject the bid of the latter if he/she refuses to buy the corresponding bid docs fee, and may also forfeit the bid docs of the former.

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Re: transferability of right to bid

Post by attywaws on Mon Feb 18, 2013 11:54 pm

Purchase of Bid Forms does not subject the "buyer" to a condition that it is not transferable unless there is an express prohibition to that effect.

Also, the Bid Form is not that filled up unless the Procuring Entity issues a "computerized" bid form where the name of the Bidder/representative is already included. Thus, we can safely assume that in "most" cases, we issue a blank bid form that remains to be filled up by the Bidder.

So for me, I would agree with ms. regina avelino that as long as the Procuring Entity has been paid what is due, the PE should not limit the "bidder" to transfer his right to participate in the Bidding. The receipt for the payment of the Bid Form should be shown prior to the opening of the bids to ensure that they are paid.

The rejection of the bid by a should not arise since a "bidder" cannot participate without first paying the corresponding bid docs fee. As stated under Sec. 17. 4 and 17.5:

"Sec. 17.4. Bidders may be asked to pay for the Bidding Documents to recover the cost of its preparation and development. The BAC shall issue the Bidding Documents upon payment of the corresponding cost thereof to the collecting/disbursing officer of the procuring entity concerned.

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."
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Re: transferability of right to bid

Post by vines on Tue Feb 19, 2013 9:30 am

I agree with madam regina and sir waws20. everybody has the right to participate, moreso to the bidder to whom the right was transferred to bid, moreso, when the very bid documents purchased and transferred were paid for. the government agency should not deny that. my take on the matter.
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