Disqualified because of only 2 copies of documents submitted instead of 3..

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Disqualified because of only 2 copies of documents submitted instead of 3..

Post by countme_in18 on Tue Mar 12, 2013 2:35 pm

Hi, good day. Tanong ko lang po last week po kasi we have a pre-bid conference at napa usapan na 2 copies of document lang yung kailangan e submit (1) one original and (1) Copy # 1:

So during the bidding only (2) two bidders submitted 2 copies including me at yung iba ay (3) three copies na..kaming dalawa lang kasi naka attend ng PRE-BID conference at yung iba ay hindi na...nag object kasi sila sa BAC kaya ayun na DQ kami kasi 3 copies daw nakalagay sa BDS
so tanong ko lang po valid po ba yung pag Disqualified nila sa amin since napa usapan naman namin during pre-bid conference then they only requires two copies? Ang nangyari kasi ngayon, yung sumali sa Pre-bid Conference ay na disqualified...
ano po laban namin doon para sa MR namin? any law na pwede natin gamitin laban dito? thank you po
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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by mojacko on Tue Mar 12, 2013 4:27 pm

Good day countme_in18

Ask for copy of the minutes of the pre-bid conference and if it is stated there that the PE requires only two (2) copies consisting of one (1) original and one (1) copy then there is no way that you will be disqualified.

You can use the minutes as your argument in filing your MR.

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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by mojacko on Tue Mar 12, 2013 4:31 pm

Good day countme_in18

Ask for copy of the minutes of the pre-bid conference and if it is stated there that the PE requires only two (2) copies consisting of one (1) original and one (1) copy then there is no way that you will be disqualified.

You can use the minutes as your argument in filing your MR.

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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by countme_in18 on Tue Mar 12, 2013 5:08 pm

ang problema po kasi dito sir is hindi po sila nag issue ng minutes or kung merong minutes only seletive discussion lang yata kasi yung secretary parang hindi naman nakikinig sa pre-bid kaya ayun baka hindi nasali... pero maraming BAC member nag confirm na napa usapan nga yung only 2 copies documents.
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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by mojacko on Tue Mar 12, 2013 6:32 pm

Good day countme_in18

Ask for copy of the minutes of the pre-bid conference and if it is stated there that the PE requires only two (2) copies consisting of one (1) original and one (1) copy then there is no way that you will be disqualified.

You can use the minutes as your argument in filing your MR.

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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by mojacko on Tue Mar 12, 2013 6:44 pm

countme_in18 wrote:ang problema po kasi dito sir is hindi po sila nag issue ng minutes or kung merong minutes only seletive discussion lang yata kasi yung secretary parang hindi naman nakikinig sa pre-bid kaya ayun baka hindi nasali... pero maraming BAC member nag confirm na napa usapan nga yung only 2 copies documents.

Try to read Sec 22.4 of the IRR

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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by RDV @ GP3i on Tue Mar 12, 2013 9:32 pm

countme_in18 wrote:ang problema po kasi dito sir is hindi po sila nag issue ng minutes or kung merong minutes only seletive discussion lang yata kasi yung secretary parang hindi naman nakikinig sa pre-bid kaya ayun baka hindi nasali... pero maraming BAC member nag confirm na napa usapan nga yung only 2 copies documents.

Ang even if there is a minute of pre-bid conference, any changes in the bidding documents, such as the BDS, will be valid only if done by way of the issuance of a Bid/Supplemenatl Bulletin. If none was issued, then the requirement of 3 copies should stay.

Remember, attendance to a pre-bid conference is not mandatory. That is why, any changes agreed upon during the pre-bid should be communicated to all by way of a Supplemental/Bid Bulletin, so that not those who attended are aware of any changes made. Minuted of meetings, which are not required to be posted, would not be sufficient.
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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by countme_in18 on Wed Mar 13, 2013 2:58 pm

I think you just refering to Section II of ITB 9.3 but in my understanding in ITB 9.3 refers to the modification of content and legal requirements in Eligibility and financial component under RA 9184 and not in the number of copies as required by the Entity and besides there's no provision under RA 9184 that prohibits the entity in requiry number of copies to be submitted, yeah attendance in prebid is not mandatory but Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity’s requirements , and any failure in the part entity to inform the bidder in writting and the failure of the respective bidder to request any clarification shall not affect our performance as bidder who comply the requirements requested during Pre-bid

FOR REFERENCE OF MY CLARIFICATION PLEASE REFER BELOW.

9. Pre-Bid Conference
9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Bidders’ questions on the technical and financial components of this Project.
9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity’s requirements. Non-attendance of the Bidder will in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents discussed during the pre-bid conference.
9.3. Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

10. Clarification and Amendment of Bidding Documents

10.1. Bidders who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation. Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of bids.
10.2. Supplemental/Bid Bulletins may be issued upon the Procuring Entity’s initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the Bidding Documents shall be identified as an amendment.
10.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23.
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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by regina avelino on Fri Mar 15, 2013 9:48 am

sorry for barging in. sir RDV is correct.
1. Bidders are ENCOURAGED to attend the pre-bid conference but not required. If they will not attend the pre-bid conference then it their call and it should be their lookout to comply with what ever is required under the BDS.
2. the supplemental bid bulletin will prevail over the minutes of the pre-bid conference which sir RDV has correctly mentioned. It is exactly the point that the law requires the bidders to who have secured the bidding documents to inquire and secure the supplimental bid bulletin that may be issued by the BAC. if there were no supplemental bid bulletin seven days before the deadline for submission of bid in the PhilGEPS website or the website of the procuring entity or a fax copy from the procuring entity, then the information in the BDS shall prevail.

Any statement made at the pre-bid conference shall not modify the terms of the bidding documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by countme_in18 on Fri Mar 15, 2013 10:09 am

Tnx Regina Avelino.... and the next argument would be

1. subject po ba ito for disqualification, since wala naman provision sa RA9184 that prohibit the entity to require number of copies.. ( or better resolve nila tong problema na ito next bidding)( sila kasi kahit anong napagusapan sa prebid never po sila nag issue ng supplemental bid except for the specification) since sila naman nag sabi that they only require 2 copies and as a matter of fact we attended several bidding sa entity na ito at naka sanayan na namin to submit 2 copies of documents only, kasi ito lang ni re require nila....

2. This is negligence, irresponsible BAC, and lack of knowledge in procurement. ( proof...in every concern sa mga bidder kumukuha pa ng manaul ang itutura pa namin sa kanila kung anong page yung reference...
3. Na open na kasi eligibility documents ko at ang financial component ko, then after awhile when the bidder ( not the authorized representative ng bidder kasi hindi nakarating yung authorized) raised a protest in our documents submitted, the bac issue a disqulification against us. Pwede po ba yun? e na declare na po kami eligible eh..

4. Failure po yung ng entity and other bidder to communicate w/ the changes so why we suffer the consequences, bakit naman ni required ng RA9184 to conduct a pre-bid conference w/ the amount higher ng 1Million pesos if pwede naman pala e dis regard yung napa usapan during pre-bid by not issuing the supplemental bid. ???

5. Sabi ng legal counsel namin may laban kami dito since failure nila yun and the other bidder who attended the prebid is willing to justify the meeting...... na defeat po kasi ang transparency ng public bidding
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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by regina avelino on Fri Mar 15, 2013 2:43 pm

1. if the bds required 3 copies and there is no supplemental bid bulleting changing 3 copies into 2 copies only and you submitted only 2, then this will be a ground for disqualification.
2. You can say that they are irresponsible for not issuing a supplemental bid bulletin despite what has been discussed during the pre-bid conference. however, it is also your lookout to know if there was a supplemental bid bulletin for this purpose. without the bulletin, everything stays as they are.
3. Yes, they can do that.
4. I emphatize with what you feel about this. Perhaps next time try to make the necessary adjustment. No supplemental bid bulletin, no changes on the bds. I don't know what is going through in the minds of the procuring entity. I think we have to comply with the provisions of the law. Perhaps, this procuring entity is not aware on how a supplemental bid bulletin works.
5. I think you can do what ever legal means you can think of. It's your prerogative.

my take on the matter.

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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

Post by countme_in18 on Fri Mar 15, 2013 3:19 pm

I appreciate your reply however this depends upon the interpretation by the BAC, because in some agency "LIKE DEPED" headed by BAC Chairman Atty. Ch*** na disqualified din kami for not bringing the original copy of our documents w/c supposedly to be check during POST QUA at ang reason kasi ni atty. kasi napag usapan po yan sa bidding kahit hindi naka issue ng supplemental bid kasi responsibilidad ng bidder to clarify the requirements... prerogative daw kasi ng bidder yan lalo ng pag may prebid at hindi sya nakasali kasi normal na marami mababago during pre-bid.. at ayun DQ talaga kami...
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Re: Disqualified because of only 2 copies of documents submitted instead of 3..

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