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Is the certificate of amendment of article of incorporation in lieu of the original certificate of registration is sufficient for eligibility requirement?

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Is the certificate of amendment of article of incorporation in lieu of the original certificate of registration is sufficient for eligibility requirement?

Post by redxet on Mon Mar 25, 2013 9:51 am

May I seek legal opinion if the submission of the certificate of amendment of article of incorporation and by law with SEC Registration No. and dry sealed/golden paper seal and ribbon is sufficient in lieu of SEC original certificate of registration?The bidder was declared passed and eligible during the opening of bid. After 1 month the bidder received a notice of disqualification for the reason that.. non-compliance of eligibility requirements--only certificate of filing of amended articles of incorporation was submitted instead of SEC Registration and the validity of filing certificate is only up to December 30 ,2012. There was no presentation of original copy of documents after the opening of bids nor the TWG checked the authenticity/validity of the documents submitted during the opening of bids/bidding.

Please guide as what to do?

Thank you

redxet

redxet
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Re: Is the certificate of amendment of article of incorporation in lieu of the original certificate of registration is sufficient for eligibility requirement?

Post by regina avelino on Mon Mar 25, 2013 10:33 am

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.

regina avelino
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