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Is the submission only of the ammended certificate of registration ground for disqualification?

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Is the submission only of the ammended certificate of registration ground for disqualification?

Post by redxet on Thu Mar 21, 2013 10:33 pm

May I solicite your legal opinion if the submission only of the certicate of filing of ammended articles of incorporation is ground for disqualification. The original SEC certificate of registration was not submitted and presented during the bidding and the BAC passed the bidder as compliance but after the post qualification the BAC sent a notice of disqualification for the ground of non-compliance of eligibility requirements- for the reason that only certificate of filing of ammended articles of incorporation was submitted instead of SEC Registration and the validity of filing certificate is only up to December 30,2012. The certicate of ammended articles of incorporation bear also the seal of the SEC and similar SEC Reg. No. with the original SEC certificate of registration. The Bidder used the ammended certificate for several years in the bidding and in several transactions. The original documents of the bidder were not presented/validated during the post qualification by the TWG/BAC hence the Bidder was not able to present original copy to the TWG including original copy of the SEC Certificate of Registration. The review, validation and comparison of photo copy documents to the original copies was not conducted by the TWG.

Thank you

Very truly yours,

redxet

redxet
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Re: Is the submission only of the ammended certificate of registration ground for disqualification?

Post by barackiel on Fri Sep 18, 2015 11:59 am

Posted by other bidder through this link
http://gppb.topicsolutions.net/t3352-is-the-certificate-of-amendment-of-article-of-incorporation-in-lieu-of-the-original-certificate-of-registration-is-sufficient-for-eligibility-requirement?highlight=SEC+amended+article+of+incorporation

The SEC Registration Certificate is defined as any certificate issued by the Securities and Exchange Commission attesting to the registration of the prospective bidder, such as Certificate of Registration or Certificate of Filing of Amended Articles of Incorporation and/or By-Laws. The procuring entity is correct for passing the bidder as such. The BAC should have checked the original certificate of amendment of article of incorporation and by law during the post-qualification stage.

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