A ground for bidders disqualification....

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A ground for bidders disqualification....

Post by angelo on Tue Aug 18, 2009 2:20 pm

Whether or not misconduct of bidders (ei. pointing fingers, uttering annoying words, threatening to file charges against the BAC members) during the cinduct of eligibility check, bid opening or any instance of bidding process constitutes a ground for bidders disqualification? Thank You
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Re: A ground for bidders disqualification....

Post by RDV @ GP3i on Tue Aug 18, 2009 3:55 pm

angelo wrote:Whether or not misconduct of bidders (ei. pointing fingers, uttering annoying words, threatening to file charges against the BAC members) during the cinduct of eligibility check, bid opening or any instance of bidding process constitutes a ground for bidders disqualification? Thank You

That unruly behavior could be a ground for throwing him out of the venue where the opening of the bid is being conducted, but not for his disqualification.

What made him react in such a way? What were his arguments against the members of the BAC that he would threaten to file charges against them?
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Re: A ground for bidders disqualification....

Post by sunriser431 on Tue Aug 18, 2009 4:04 pm

angelo wrote:Whether or not misconduct of bidders (ei. pointing fingers, uttering annoying words, threatening to file charges against the BAC members) during the cinduct of eligibility check, bid opening or any instance of bidding process constitutes a ground for bidders disqualification? Thank You

excerpt from GPM

How should the participants conduct themselves during the Pre-bid Conference and other stages of the procurement process?

The BAC, BAC Secretariat, TWG, and other officials involved in procurement are expected to act in an impartial, courteous and professional manner in all their dealings and interactions with the bidders during all stages of the procurement. The bidders’ representatives are likewise enjoined to adopt the same professional manner in their dealings with the Procuring Entity’s officials. Communications between the parties must, as much as possible, be made in writing, except during the pre-bid conference when verbal clarifications may be allowed – keeping in mind, however, that any statement made at the pre-bid conference would not modify the terms of the bidding documents, unless such statement is specifically identified in writing as an amendment of the documents and issued as a supplemental/bid bulletin.

additional information
Section II. Instructions to Bidders For procurement of Goods
3.Corrupt, Fraudulent, and Coercive Practices
3.1.The PROCURING ENTITY as well as the bidders, contractors, manufacturers, suppliers or distributors shall observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the PROCURING ENTITY:
(a)Defines, for purposes of this provision, the terms set forth below as follows:
(a.1)“Corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019.
(a.2)“Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the PROCURING ENTITY, and includes collusive practices among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial, non-competitive levels and to deprive the PROCURING ENTITY of the benefits of free and open competition.
(a.3)“Collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the PROCURING ENTITY, designed to establish Bid prices at artificial, non-competitive levels.
(a.4)“Coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract;
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