Determination of LCRB?

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Determination of LCRB?

Post by eamnear on Sat Sep 21, 2013 1:52 pm

Sir/Madam,
Good day! the scenario is like this

Supplier 1 and Supplier 2, passed the pre-qualifications and eligibility screening;

Supplier 1 was declared having LCB during the bid opening for a difference of 20k to Supplier 2, on the other hand Supplier 2 claimed that in the time they purchased Bid Docs, the end user verbally tell them that they prefer US made product(GenSet for particular)..dats why they decided to offer and bid for a quality/made of product.....my queries are these; how will the BAC decide on it in post-qual?will they consider the quality/made of) of the product or the lowest calculated i.e not branded ??? is the Supplier 2 has the right to protest or to file for a motion for reconsideration of his bid?? if yes, wat if the Supplier 1 is willing to deliver said product in the same brand as Supplier 2 is offering....,who's supplier be declared having LCRB???-----anybody hus had the same experience/knowledge about this... please help us....thank you in advance..Smile 

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Re: Determination of LCRB?

Post by regina avelino on Mon Sep 23, 2013 10:08 am

Just a reminder, the practice of pre-qualification in no longer in valid as this was already abandoned under the irr of 9184.  This is already done through eligibility screening during submission and opening of bids by way of a pass/fail criterion.

On with your post, section 18 of the irr of ra9184 states that specifications for the procurement of goods shall be based on relevant characteristics and/or performance requirements.  Reference to brand name and/or country of origin is prohibited.  Supplier 2 cannot claim that the end-user prefers the US made product and such claim cannot be used as basis for the motion for reconsideration.  If during the bid evaluation, the BAC finds supplier 1 as the lowest calculated bidder, then post qualification should be done to supplier 1.  If the BAC find supplier 1 to be post-disqualified then post-qualification process should be done to the next LCB.

Going back to product section 18, what is important is that the goods to be delivered by the LCRB will comply with the performance requirement of the procuring entity.  If supplier 1's product is compliant with the technical specification then he should deliver it as is.  Again reference to brand name and country of origin is prohibited.


Last edited by regina avelino on Tue Sep 24, 2013 9:29 am; edited 1 time in total (Reason for editing : If during the bid evaluation, the BAC finds supplier 1 as the lowest calculated bidder, then post qualification should be done to supplier 1)

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