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Technical Working Group

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Technical Working Group

Post by vines on Thu Feb 06, 2014 9:43 am

Just want to know if the findings of the TWG during the bid evaluation and post qualification stages final? Can the TWG insist to the BAC that their findings are final and should be respected by the BAC? Can the TWG insist its decision to the BAC.
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Re: Technical Working Group

Post by regina avelino on Thu Feb 06, 2014 9:59 am

Hi Vines. Please note that the conduct of bid evaluation and post-qualification is the responsibility of the Bids and Awards Committee. It is job of the BAC to do this two processes as specifically indicated under section 12.1 of the IRR of RA9184 to conduct evaluation of bids and post-qualifications. The bid evaluation and post-qualification team SHALL be the BAC, which CAN or MAY be assisted by the TWG and the BAC shall be responsible in determining the compliance of the bidder with the lowest calculated bid with all the requirement and conditions specified in the bid documents. There are some agencies wherein it is only the TWG that conducts the bid evaluation and post qualification and the BAC members are not going with them in the field. That is the call of the BAC if they will do such thing. Remember that the BAC shall make the final decision on the results of the bid evaluation and post qualification stages. It doesn't mean that once the BAC make the wrong decision because the TWG, who only conducted the bid evaluation and post qualification, made a erroneous findings/results, only the TWG will be penalized. The BAC shall be responsible solely for the erroneous and final decision.

The BAC should ensure that the TWG made the correct procedures and complied with the requirements of the RA9184 and the bidding documents to make the right decision as if they were the ones who conducted it. Remember again that the TWG makes only recommendations to the BAC and the BAC makes the final decisions.. My opinion

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Re: Technical Working Group

Post by vines on Fri Feb 07, 2014 9:13 am

thank you for the immediate reply. I agree with you, however the TWG members sign the bid evaluation report/results and the Post Qualification Report and submitted to the BAC. will our signature binds us and make us responsible for any errors resulting from our conduct of bid evaluation and post qualification?
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Re: Technical Working Group

Post by regina avelino on Thu Feb 20, 2014 10:03 am

yes, you may be the signatory of the bid evaluation report and your post-qualification report if you were the ones who conducted the bid evaluation and the post qualification process. However, please note that the ABSTRACT OF BIDS under section 32.3 all members of the BAC who are present during the bid opening shall sign and this will be the document/report relevant in determining the lowest calculated bid, thus the BAC is liable. On the other hand, under circular no. 3-2012 post qualification/disqualification report shall be signed also by the BAC. TWG is just recommendatory and does not make the final decision which the BAC does. If the TWG did not follow the right process in the conduct of either the bid evaluation and the post-qualification, TWG will be answerable only to the BAC and not the public concern. My opinion on the matter.

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