An Act of Prevention by the Procuring Entity

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An Act of Prevention by the Procuring Entity

Post by elib on Thu Jun 06, 2013 2:39 pm

Hi Guys,

Im experiencing this problem right now. We have the intuition that the BAC/PE tries to delay us from acquiring the bid docs. "This is maybe because there is something fishy going on inside". We already submitted our letter of intent and whenever we try to get the bid docs, they always tell us that the person responsible of issuing the bid docs is not around. There is now a week left to submission of bids.

Any advise on how to deal with this.

Thanks very much...

Elib
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Re: An Act of Prevention by the Procuring Entity

Post by Abecedarian on Thu Jun 06, 2013 3:22 pm

Did the PE not attached the bid docs in the publication of its Invitation to Bid at PhilGEPS portal?
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Re: An Act of Prevention by the Procuring Entity

Post by elib on Thu Jun 06, 2013 3:24 pm

hi Abecedarian,

no documents has been attached in their philgeps posting.

Bill
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Re: An Act of Prevention by the Procuring Entity

Post by Abecedarian on Fri Jun 07, 2013 9:41 am

Good morning elib...

How about paying in the meantime the bidder's fee, retrieve later the bid docs. In this case, you are making an evidence against those persons whom you believed is practicing graft in procurement.
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Re: An Act of Prevention by the Procuring Entity

Post by elib on Fri Jun 07, 2013 2:14 pm

hi Abecedarian,

good morning to you as well,

thanks for the reply. we try many times doing what youve just mentioned, and people in that office refuse to accept the payment and insists that the person responsible for issuing and accepting payment is somewhere else. we also try to reason with them, that even if that person is not around, there should be someone to be responsible. this experience is really frustrating Sad . dont know what to do now... maybe i'll just let it slip this time and be more prepared next time around.

but what to do next time if this happens again.... Question

elib...
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Re: An Act of Prevention by the Procuring Entity

Post by regina avelino on Fri Jun 07, 2013 3:09 pm

the procuring entity has violated 2 provisions of the law, the procurement law and the anti-red tape act law:

1. On the procurement law, the procuring entity violated section 17.5 of the IRR of RA9184 where sir abecedarian has commented. the procuring entity failed to attached the bid documents at its website adn a the philgeps.

2. On the anti red tape act law, the procuring entity failed to act on the request of a client during working hours when you attempted to purchase the bid documents. When you handed down your letter of intent, it may also be considered a request for frontline service which is to purchase the bidding docs. the services of a government unit should not be interrupted because one employee is nowhere to be found. they should have assigned someone to attend to the needs of its client even during breaktime. No government unit is exempted from this especially frontline services.

If I were you, I would go back to purchase the bid documents and if he/she is still not around, you insist the provisions of the anti red tape act law and look for the head of the agency and complain. It is your right as a client of government unit and the latter has the responsibility to attend to their clients without fail.

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Re: An Act of Prevention by the Procuring Entity

Post by Abecedarian on Sat Jun 08, 2013 11:39 am

The Head of the BAC Secretariat may be held liable for violation of anti-graft and corrupt practices act. Just file the complaint with the Office of the Ombudsman and let ombudsman look for the appropriate provision of the RA 3019. If you do this now, I think next bidding you will set in comfort with your chair during the bid opening.
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Re: An Act of Prevention by the Procuring Entity

Post by elib on Sat Jun 08, 2013 10:01 pm

hi regina avelino & Abecedarian,

thanks for your replies. i really appreciate it. however, can i immediately file a complaint to the office of the ombudsman even if i did not file a protest to the head of the procuring entity and did not pay for the protest fee. what i had is only communication that i have (1)intention of proposing to the prospected project, (2)inquiring when will be their authorized person be on the office to purchase the complete set of bid docs and (3)compelling them to provide us the documents as required to equal access to information. we also told them in our last letter that because it became apparent that the situation will now cause delay to our proposal preparation , we advise them that we are compelled to redress the issue if not settled to the higher office and/or authority for resolution.

any suggestion and comments.

thanks very much.

elib

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Re: An Act of Prevention by the Procuring Entity

Post by Abecedarian on Mon Jun 10, 2013 8:38 am

good morning elib.

Just state in your complaint the facts constituting the offense charged. The procuring entity, through your Letter of Intent, was aware of your interest to participate in the bidding of the project. By that letter alone, the procuring entity, had it not favoring a bidder, should have had reserved for you the bidding documents of the project. Your inquiry as to when that person responsible for selling the bid docs is a proof that the PE was not true in the implementation of RA 9184 because if it were so, the person responsible for selling the bid docs should be present during the office hours.

I do not know how its Invitation to Bid is worded, but I am using the form of PBD in such a way that prospective bidders are informed that they can inspect the bid docs during office hours. It is also my practice to turn-over the bid docs to the cashier if ever I leave for a while.

Unless you charge them before the Office of the Ombudsman, you will still experience in the future what you experienced at present.

God Bless You.


Last edited by Abecedarian on Mon Jun 10, 2013 8:39 am; edited 1 time in total (Reason for editing : typographical error)
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