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BID SECURING DECLARATION

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BID SECURING DECLARATION

Post by KENTOY on Fri Jan 03, 2014 3:07 pm

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WE CONDUCTED A BIDDING LAST DECEMBER 2012, THE 1ST BIDDER WHO BECAME THE LOWEST BIDDER SUBMITTED A BID SECURING DECLARATION AS AN ALTERNATIVE BID SECURITY ALLOWED UNDER GPPB RESOLUTION NO. 3-2012. HOWEVER, THE SECOND BIDDER QUERIED OR PROTESTED THAT THE 1ST BIDDER BE DISQUALIFIED FOR NOT FOLLOWING THE INSTRUCTION IN THE BID DOCUMENTS WHERE THE BID SECURING DECLARATION WAS NOT MENTIONED AND ABOVE ALL THE SAID GPPB RESOLUTION WAS NOT YET ADOPTED BY THE LOCAL BAC. THE BAC PROCEEDED IN OPENING THE BID OFFER WITH THE NOTE THAT THE QUERY OR PROTEST WILL BE RESOLVED IN THE POST-QUALIFICATION STAGE.

ISSUE NO. 1 - IS THE 2ND BIDDER CORRECT IN HIS REASONING?

ISSUE NO. 2 - WHEN IS THE EFFECTIVITY OR APPLICABILITY OF THE RESOLUTION TO A SPECIFIC AGENCY LIKE OUR LGU? IS IT THE DATE MENTIONED IN THE EFFECTIVITY CLAUSE OF THE RESOLUTION PLUS POSTING PERIOD IN ACCORDANCE WITH LAW OR IS IT THE TIME WHERE SUCH RESOLUTION ARE ADOPTED BY OUR BAC AND THEN INCORPORATED BY SPECIFICALLY MENTIONING IT IN THE BID DOCUMENTS?


PLEASE DO SHARE YOUR EXPERT OPINION ON THE ISSUE. TO DATE, WE HAVE NOT YET RESOLVED THE ISSUE.. THANK YOU.... bounce bounce bounce
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Re: BID SECURING DECLARATION

Post by attywaws on Mon Jan 06, 2014 1:12 pm

My opinion on the matter is that the 2nd Bidder is not correct in questioning the validity of the submission of the BSD by the 1st Bidder. Nowhere in GPPB Resolution 03-2012 has been mentioned that there first should be an adaptation of the GPPB Resolution by the BAC of the Procuring Entity before it is effectual. To support this argument are the following:

1. No. 1 Paragraph 2 in GPPB Resolution No. 03-2012 is worded as follows: "These guidelines shall apply to all branches, constitutional commissions and offices, agencies, departments, bureaus, offices, and instrumentalities of the Goverment, including GOCCs,  GFIs, SUCs, and LGUs". By this, it means that there must be strict compliance since it is mandatory for the abovementioned entities to follow the Resolution.

2. The Resolution became effective on August 20, 2012 upon its publication in the Daily Tribune, a newspaper of general circulation, since the Guidelines mentioned that it shall take effect IMMEDIATELY AFTER PUBLICATION in the OG or a NEWSPAPER OF GENERAL CIRCULATION and upon filing with the UP Law Center of three (3) certified copies of the guidelines. (This is on the assumption that there has been filing of the guidelines with the UP Law Center).

Art. 2 of the New Civil Code states that: "Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. xxx "

The words "unless it is otherwise provided" is the exception to the general rule that laws shall take effect only after fifteen days after the completion of the publication such that when the law states that it is "effective immediately after publication", it shall become effective after publication.

3. It is within the Authority of the GPPB to prescribe rules and regulations concerning the procurement process. On the other hand, the BAC is tasked to ensure that the Procuring Entity abides by the standards. In line with this, the BAC need not "adopt" the new Resolution of the GPPB as it is within its duty to keep abreast of GPPB Issuances in the discharge of their functions. Therefore, the non-inclusion of the alternative Bid Security of BSD in the Bid Documents does not raise a ground for the bidder's disqualification under the maxim "Ignorantia legis non excusat".
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