Awarding of Contract of the project still under motion of reconsideration and/or under protest by the bidders?

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Awarding of Contract of the project still under motion of reconsideration and/or under protest by the bidders?

Post by redxet on Tue Apr 02, 2013 4:22 pm

The BAC disqualified certain bidder in one of the bidding of DENR-NGP project and the said in-eligible bidder file a motion of reconsideration within 3 days address to the HOPE, Attention to the BAC Chair. The BAC failed to response and failed to send their reply to the said Bidder within 7 calendar days as prescribed in Section 23.3 of IRR of RA 9184. The expected reason of the BAC is they coursed thru their reply to the Motion of Reconsideration to the HOPE and the said reply letter still to be acted by the HOPE but the period for sending their reply to the said bidder is already beyond 15 calendar days including holidays of the holy week. The BAC and/or HOPE already awarded the contract to the bidder which had the lowest responsive calculated bid.
Is the awarding of the contract without resolving first the MR/Protest valid/legal? In lieu of seemingly incoherent position of both complainant/petitioner and the BAC/HOPE on the application of Section 57 of IRR of RA 9184.

Please guide us on what to do to stop the awarding of the contract under complaint (MR). Is the move of the BAC/HOPE, a pre-emptive action that the issuance of TRO by the Court is moot and academic since the BAC/HOPE already awarded the contract before it reaches to the jurisdiction of the court? If the action of the BAC/HOPE is not in accordance to law hence not valid/legal What remedial action or sanction can be applied?

redxet
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Company/Agency : Manglares Coastal Resources Management Foundation, Inc.
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