Is the decision of

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Is the decision of

Post by redxet on Sun Mar 17, 2013 3:56 pm

May we please request clarifications from the body on the ff issues and concerns:

Is the decision of HOPE on all matters regarding bidding Final? The PBAC issued a Bid Bulletin specifying that the BAC/HOPE decision on all matters pertaining to Bidding is final, is the Bid Bulletin legal/valid in lieu of the Revised IIR of RA 9184 particularly the provision on Protest Mechanism?

Is the HOPE/BAC decision to waive the requirements of NFCC which is equivalent to ABC to be bid out valid or legal?

Is the HOPE/BAC decision to waive the 50% single contract of similar project of non-expendable supplies legal and valid?

Thank you

redxet
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Re: Is the decision of

Post by regina avelino on Mon Mar 18, 2013 2:59 pm

1. No. With or without the bid bulletin specifying that the BAC/HOPE's decision on all matters pertaining to the bidding is final, the prospective bidder whose motion for reconsideration and protest were denied, shall still be entitled to pursue a case for resolution at the proper court. this is specifically provided for in the irr.
2. No. The prospective bidder is given the option to choose between NFCC or CLC.
3. No. This is a requirement of the law and the fact the the hope/bac to waive the 50% requirement is out of the question.

I hope i got your query right.

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Re: Is the decision of

Post by attywaws on Mon Mar 18, 2013 3:19 pm

I agree with Ms. Regina Avelino. To add:

1. The decision of the HOPE as final as reflected in the Revised IRR refers to the "final decision on the matter" by the Procuring Entity as part of available Administrative Remedies. Exhaustion of administrative remedies is a condition sine qua non before one can recourse to court proceedings through a Petition for Certiorari. In this regard, the "court" which acquired jurisdiction through the abovementioned condition shall be the "final" decision on matters raised on protest.

2. No. The HOPE/BAC cannot waive the requirements for the submission of NFCC or CLC for the reason that the body cannot modify the "minimum requirements" set forth in the law EXCEPT when the mode of procurement is through Shopping and Small Value where GPPB Resolution No. 09-2009 gave the BAC the power to require less than the requirements set forth as long as it can ensure that it is dealing with a supplier who is legally, technically and financially capable.

3.No. For the same reason in number 2. The rationale for requiring the submission of the same is to determine the bidder's capability to fulfill his obligations as such.
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Is there other venue for protest for the Decision BAC in the MR of a bidder?

Post by redxet on Thu Mar 21, 2013 11:08 pm

Filing a protest to the decision of BAC on the MR of the Bidder is costly because it requires paying of filing fee of 1% of the ABC which in certain case equivalent to Php 250,000.00? Is there any venue of protest or complaint beyond the reconsideration of decision of the BAC such as violation of RA 6713 of the facts/case
presented before?

Thank you.

Very truly yours,

REDXET

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Re: Is the decision of

Post by attywaws on Fri Mar 22, 2013 12:22 am

The decision of the BAC needs to be elevated to HOPE first before recourse to the courts may be had. This is a requirement expressly set forth under the rules and non-compliance therewith will only result to the BAC's decision on the MR to become final.

I would not suggest charging them under the CSC Rules or under Torts of the Civil Code because if what was being questioned is their actions/decisions as members of the BAC, it would be proper to also pursue remedies under rules which sanction them.
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Can all complainants file protest jointly and jointly file civil case?

Post by redxet on Fri Mar 22, 2013 1:14 pm

If Motion for Reconsideration is denied by BAC, can all complainants filed a protest jointly so they can share the 1% of the ABC protest filing fee? Can they jointly file a civil case separately and simultaneously with the protest/administratively?

thank you

redxet

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Re: Is the decision of

Post by RDV @ GP3i on Sat Mar 23, 2013 11:30 am

redxet wrote:If Motion for Reconsideration is denied by BAC, can all complainants filed a protest jointly so they can share the 1% of the ABC protest filing fee? Can they jointly file a civil case separately and simultaneously with the protest/administratively?

thank you

redxet

Only the bidder whose request for reconsideration has been denied by the BAC can file a Protest. If the other bidders would like to share the cost of the protest fee nobody can prevent them, but the Protest filed will be in the name of the said bidder alone.

Btw, the rate of Protest fee is already less than 1% of ABC as the rate has already been amended by the GPPB under its Resolution No. 05-2012.

Only after the administrative remedy of Protest is finally completed can the said bidder file the appropriate relief in court.

If any of the bidders go to court without going through the process of the administrative remedies (of filing a request for reconsideration first and, if denied, filing a Protest) will just be dismissed by the courts for lack of jurisdiction.
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