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POST-DISQUALIFICATION

Post by kruger on Tue Feb 19, 2013 5:57 pm

What are the remedies for a post-disqualified lowest calculated bidder in cases where the BAC has clearly abused its discretion?
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Re: POST-DISQUALIFICATION

Post by attywaws on Tue Feb 19, 2013 11:43 pm

First, the disqualified bidder should "exhaust all available administrative remedies" that is, by filing a request for reconsideration within 3 days from receipt of notice of disqualification. When the request for reconsideration is denied, the bidder may elevate the issue to the HOPE who shall issue a decision which shall be considered as "final".

After all available administrative had already been exhausted it is only then when resort to the courts may be had (Certiorari to the RTC). This is jurisdictional and without first exhausting administrative remedies, the court does not acquire jurisdiction . (Rule XVII - Protest Mechanism)

Also, please do take note that the rules provides for penal, civil, and administrative sanctions.
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