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losing bidder requesting for eligibility documents of his co-bidders

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losing bidder requesting for eligibility documents of his co-bidders

Post by amang'65 on Mon Oct 14, 2013 4:32 pm

hello po, good pm, a losing bidder requested the BAC sec to furnish him some eligibility documents of his co-bidders, are we allowed to furnish him?
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Re: losing bidder requesting for eligibility documents of his co-bidders

Post by regina avelino on Wed Oct 16, 2013 10:02 am

this is not acceptable, the only thing you can provide them is the minutes of meeting upon written request by the losing bidder.

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Re: losing bidder requesting for eligibility documents of his co-bidders

Post by edprintshoppe on Tue Oct 22, 2013 4:16 am

If it is not acceptable, then where do GPPB issued NPM 060-2007 stands?

2007-12-03
NPM 060-2007
Requesting Entity: Philippine Amusement and Gaming Corporation
Issues Concern: Public Access to Bid Documents

Details
Whether the written request of a bidder to be furnished a copy of the submitted documents of another bidder may be accomodated by the procuring entity.

While access to official records may not be prohibited, it may be regulated. Access is subject to reasonable regulation for the convenience of and for order in the office that has custody of the documents. (See Baldoza v. Dimaano, 71 SCRA 14, 19, 05 May 1976) Regulatory discretion must include both the authority to determine what documents are of public concern and authority to determine the manner of access to information. (See Bernas, Joaquin G., The 1987 Constitution of the Republic of the Philippines: A Commentary, 1996, at 333.) There is a need to observe the restrictions on disclosure of information such as on matters involving national security, diplomatic or foreign relations, intelligence and other classified information. (See Chavez v. PCGG, G. R. 130716, 09 December 1998)


In the instant case, unless the document in question contains classified information, your office cannot prohibit access, inspection, examination or copying of said document. However, your office may exercise discretion to regulate the manner in which such records may be inspected, examined or copied by interested persons.



Where is the adherence to Section 2. Declaration of Policy of IRR-A of 9184? which verbatimly states;

Section 2. Declaration of Policy

The provisions of this IRR are in line with the commitment of the GOP to promote good governance and its effort to adhere to the principle of transparency, accountability, equity, efficiency, and economy in its procurement process. It is the policy of the GOP that procurement of infrastructure projects, goods and consulting services shall be competitive and transparent, and therefore shall go through public bidding, except as otherwise provided in this IRR.(a)

and

Section 3. Governing Principles on Government Procurement

The procurement of the GOP shall be governed by these principles:

a) Transparency in the procurement process and in the implementation of procurement
contracts through wide dissemination of bid opportunities and participation of
pertinent non-government organizations.


And how would we address the governing provision of  1987 Constitution, of the Bill Rights?

These were the issue we have to face if someone claims his rights under the Transparency Rule, a rights that a person or a bidder needs to insure competition is in compliance with the Rule of Laws.

These governing provisions was not place if it does not give good advantage to government and to the Taxpayer, a  way assuring the process to be within the bound of the Law.

Please correct me if I'm wrong, and appreciate if you could give us a way to insure submitted documents by competing bidder to be authentic and compliance by the governing laws.

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Re: losing bidder requesting for eligibility documents of his co-bidders

Post by regina avelino on Wed Oct 23, 2013 12:48 pm

I have read this before and this was also the premise of another NPM if you will refer to NPM 014-2009, however, in my own personal view, the opinion laid down under NPM 060-2007 should be evaluated on a more deeper perspective.  I'm not a lawyer, but if you read the basics of NPM 060-2007, you have come up with your opinion as what this NPM060-2007 is telling us.  Please bear with me as i might get you and other forum members confused with my opinion.

My opinion is this.  the request letter of the bidder should indicate the purpose why he/she is requesting such document. Why is this important?  It is the very same reason that you wrote in your post with regard to confidentiality, transparency, interest, national security, etc.  Basically, the purpose of the losing bidder is for him to know why he lost the bidding. If we will immediately give in to his request, are we not divulging confidential information of the other bidder which could be a violation on other rules?

How do I go about this?  First I will make the necessary steps.  1) if i lose, I will request in writing the relevant minutes of meeting and BAC reports/resolution on what has transpired leading to my failure to win the bidding. 2) if there is something wrong, why not file a motion for reconsideration and if necessary proceed with filing a protest if the MRs will not prosper.  If the protest is failure, i can always go to court and have it investigated more. During these processes, I can always inject my demand to get copies of the documents which can be a subject of my MR and protest, case since this is not prohibited in the rules.

It is very clear that the NPM stated that access to documents cannot be prohibited but may be regulated which is discretionary on the part of the GOP. What if they implement a very strict regulation up to the point as if they are not allowing to see the real details?

I apologize for immediately saying it as an unacceptable practice as I based instantly my answer that any losing bidder can immediately request, anytime, anyhow for documents of other bidders. I believe there should be a process/procedure prior to request of documents of other bidder.

Again, just an opinion, I'm not saying that the NPM is incorrect.

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Re: losing bidder requesting for eligibility documents of his co-bidders

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