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Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

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Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

Post by redxet on Sun Mar 17, 2013 4:16 pm

May I solicit your legal opinion on the decision of BAC disqualifying certain Bidder for the ground that one sheet out of 5 sheet continuous form Annual Income Tax Return bear no initial of the bidder. The Annual ITR is not among the requirement in the eligibility documents as per ITB/Bidding Documents and Revised IRR of RA 9184 but was unintentionally included in the Audited Financial Statement (AFS). The AFS is among the eligibility documents required and submitted in the bidding. Can the BAC waive this type of defect in lieu of the Bid Bulletin issued by the BAC that stated to waive any defect , formality, informality, or technically in them without affecting the substance of the bids, or to accept such bids ....

Thank you

REDXET

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Re: Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

Post by regina avelino on Mon Mar 18, 2013 2:37 pm

just a query, are these five sheets just a copy of the others? Because I have not come across an ITR having 5 pages. The most would be 4. Please expound farther.

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Re: Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

Post by engrjhez® on Tue Mar 19, 2013 3:14 pm

redxet wrote:May I solicit your legal opinion on the decision of BAC disqualifying certain Bidder for the ground that one sheet out of 5 sheet continuous form Annual Income Tax Return bear no initial of the bidder. The Annual ITR is not among the requirement in the eligibility documents as per ITB/Bidding Documents and Revised IRR of RA 9184 but was unintentionally included in the Audited Financial Statement (AFS). The AFS is among the eligibility documents required and submitted in the bidding. Can the BAC waive this type of defect in lieu of the Bid Bulletin issued by the BAC that stated to waive any defect , formality, informality, or technically in them without affecting the substance of the bids, or to accept such bids ....

Thank you

REDXET

If we are talking here of ineligibility immediately after opening of bids, the ruling of BAC may not be in order.

30.1. The BAC shall open the first bid envelopes of prospective bidders in public to determine each bidder’s compliance with the documents required to be submitted for eligibility and for the technical requirements, as prescribed in this IRR. For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a nondiscretionary “pass/fail” criterion, as stated in the Instructions to Bidders. If a bidder submits the required document, it shall be rated “passed” for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as “failed”. Otherwise, the BAC shall rate the said first bid envelope as “passed”. (underscoring mine)
Eligibility requirements are exclusive and absolute. Incompleteness or insufficiency must be that referring to the substance of the document and not mere ancillaries.

In the instant case, the Audited Financial Statement may be considered incomplete or patently insufficient if it does not bear any signature of the CPA or that said document is not stamped "received" by the BIR or its duly authorized institutions. There should be no hesitation to rate such bid "Passed" if the alleged 'defect' is not referring to the substance of the document. The BAC will still have to evaluate (and post qualify) it in a more detailed manner later anyway. Smile
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Re: Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

Post by ajac on Thu Mar 28, 2013 11:24 am

On the Post Qualification, does the bidder be post disqualified for not signing his initials on a certain document?

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Re: Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

Post by engrjhez® on Thu Mar 28, 2013 12:19 pm

ajac wrote:On the Post Qualification, does the bidder be post disqualified for not signing his initials on a certain document?

In my opinion, the initials or signatures of a bidder is for their protection. It should not be taken against the procuring entity whose job is to ascertain and validate the correctness and truthfulness of all facts therein. It can be anyone's initial or signature, but it is the responsiveness of bids which must rule over such minor technicality. Smile
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Re: Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

Post by ajac on Fri Jan 03, 2014 8:47 pm

Is it ground for disqualification for a bidder not indicating CTC no., Place and date of issue of the CTC on his Omnibus sworn statement and KEY PERSONNEL’S AFFIDAVIT OF COMMITMENT TO WORK ON THE CONTRACT?

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Re: Lacking initial in one sheet the 5 sheet Annual Income Tax sufficient ground for disqualifying certain Bidder?

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