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HELP! po badly needed

Post by alvinambion on Tue Oct 01, 2013 10:03 am

mga mam/sir, nagpabid po kami ng isang Coffee Roasting Machine amounting to 2million, tapos iisa supplier/localfabricator lang ang bumili ng bid docs at sya lang ang sumali sa bidding process, so sole bidder sya, tapos during bidding ng iopen namin ang bid nya almost 57.5% na mas mababa ang bid nya sa ABC na 2M ok lang po ba yun? saka kumpleto naman po sya sa mga basic requirements me additonal specific/special requirements pa kaya kami na kailangan hingin prior bago kami mag award? like mga accreditation sa ibang government agencies? pasensya na po di kasi ako familiar kapag ganun ang project. hoping for anyone response regarding the matter, badly needed lang po ang inyong inputs... salamat

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Re: HELP! po badly needed

Post by Abecedarian on Tue Oct 01, 2013 4:16 pm

For me there is nothing wrong about that as long as the bidding was published, the machine fits the technical specification you provided and he has all the documentary requirements like PhilGEPS Registration.
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Re: HELP! po badly needed

Post by regina avelino on Wed Oct 02, 2013 2:02 pm

definitely agree with sir abecedarian. for as long as you follow the required procedures based on irr 9184, the PBD and the bidders offer complies with the technical specifications. My warning is on the part were you will be requiring additional accreditation from your sole bidder that prior to award, you will require them to submit such requirement. This may be considered additional requirement which is prohibited under the law. Please refer to the PBD.

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Re: HELP! po badly needed

Post by alvinambion on Fri Oct 11, 2013 3:22 pm

thanks for the inputs. my other inquiry meron po ba specific or timeframe from actual bidding bago kami mag issue ng notice of award ng said project? yes we have bidded the roasting machine last sept 27, as per post qua responsive naman sya, the only reason na hindi ako nakakapag issue ng award is kailangan nila mag demo ng said equipment before kami mag issue ng award according sa aming TWG/Oversight committee on the said project, the problem is up to dis date hindi pa sila nakakapag demo due to conflict of schedule ng said TWG, hindi po ba kami ma technical regarding that? tama po ba ginagawa namin regarding that? need your helpful inputs? tnx

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Re: HELP! po badly needed

Post by regina avelino on Mon Oct 14, 2013 10:26 am

on your first query, please refer to section 38.1 and annex C

on your second query, your inspection and testing of the roasting machine to determine whether it passes your technical specification should have been part of your post qualification. Your reason for not having issued the notice of award because of the testing of the machine is out of line. If the lowest calculated bidder passes the post qualification stages, then this will be the basis for bac to recommend the award to the lowest calculated and responsive bidder to your head of the procuring entity. again the testing of the roasting machine should be part of the post qualification process....

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Re: HELP! po badly needed

Post by alvinambion on Mon Oct 14, 2013 10:31 am

ok po mam, pero what if up to now di kami nakakapag issue ng NOA due to that reason ok lang po ba? as in wala ba kami nilalabag na batas regarding that?

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Re: HELP! po badly needed

Post by regina avelino on Wed Oct 16, 2013 9:55 am

I would like to cite section 65.1 (b) of RA 9184 which states that "Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of action provided for in this IRR."

Although the periods of action under the RA and it IRR are mandatory in nature, sanctkions or liabilities will not set in against the government officer provided that VALID AND REASONABLE AND JUSTIFIABLE causes exist to warrant the delay in the process. The agency may still issue the notice of awards beyond the three month period provided the the failure was due to justifiable causes and provided further, that the bid security of the bidder remains valid.

in other words, in my opinion, your reason for not having issued the NOA is not considered valid, justifiable and reasonable cause to warrant to delay the issuance of NOA. Please note that as per section 38.1, you have at a maximum 3-months to award the contract from bid opening. If the bidder is knowledgeable with the IRR, they might cite section 38.1 and 65.1

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