Collussion

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Collussion

Post by friend toe on Mon Mar 17, 2014 9:42 pm

Greetings to all;
Sir/ma'am... Bidder "A" pledge an equipment to be leased from Bidder "C", but this equipment was also pledged by Bidder "C" in his bid documents. Both have bid out in the same project. Can this be a ground for disqualification for both of them? Hoping that i may get replies from you. Thank you and more power.

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Re: Collussion

Post by engrjhez® on Mon Mar 17, 2014 11:45 pm

friend toe wrote:Greetings to all;
    Sir/ma'am... Bidder "A" pledge an equipment to be leased from Bidder "C", but this equipment was also pledged by Bidder "C" in his bid documents. Both have bid out in the same project. Can this be a ground for disqualification for both of them? Hoping that i may get replies from you. Thank you and more power.

No. As a general rule, equipment utilization schedule do not necessarily form part of the technical requirements. They may be found in Section 37.2.3 of the revised IRR which is required only to be submitted after award prior to contracting:

37.2.3. The following documents shall form part of the contract:
x x x
g) Other contract documents that may be required by existing laws and/or the procuring entity concerned in the Bidding Documents, such as the construction schedule and S-curve, manpower schedule, construction methods, equipment utilization schedule, construction safety and health program approved by the Department of Labor and Employment, and PERT/CPM for infrastructure projects.

Unless you specifically included those in your bidding documents as part of the technical requirements, you cannot use them as a ground for disqualification. In any case, their stipulations cannot be an impediment because only one of them will be awarded at a time.
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Re: Collussion

Post by friend toe on Tue Mar 18, 2014 9:37 pm

thank you very much for the enlightenment... but there are suggestions for impropriety... the only thing i can't find it in the irr...

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Re: Collussion

Post by regina avelino on Wed Mar 19, 2014 10:12 am

Sir engrjhez, i have a different opinion, bidder's equipment to be owned/leased under purchase by the bidder for use in the contract under bidding shall be verified as to availability and commitment, inspected or tested for required capacities as per section 34.3 of the revised implementing rules and regulations of R.A. 9184 which is post qualification of technical requirement. I agree with sir engrjhez that post qualification shall be done only to the lowest calculated bidder and not to the both of them simultaneously and thus shall not be a ground for disqualification even if both bidders are pledging a particular equipment.

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Re: Collussion

Post by friend toe on Thu Mar 20, 2014 9:23 pm

thank you sir engrjhez and mam regina... but may i follow up; could this be applied also to key personnel pledged? I observe most bidders use the same technical personnel with corresponding affidavits/sworn statement that they shall be engaged when and if the contract is awarded to them?

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Re: Collussion

Post by engrjhez® on Fri Apr 11, 2014 2:33 pm

regina avelino wrote:Sir engrjhez, i have a different opinion, bidder's equipment to be owned/leased under purchase by the bidder for use in the contract under bidding shall be verified as to availability and commitment, inspected or tested for required capacities as per section 34.3 of the revised implementing rules and regulations of R.A. 9184 which is post qualification of technical requirement.   I agree with sir engrjhez that post qualification shall be done only to the lowest calculated bidder and not to the both of them simultaneously and thus shall not be a ground for disqualification even if both bidders are pledging a particular equipment.

Yes, but the unavailability may not be conclusive at all times. That is why as a general rule, it cannot be a ground. Now, if the PE has knowledge that the other bidder, say Bidder "B", already contracted on the premise of their equipment utilization schedule, it can be a ground for disqualification of Bidder "A" under post qualification if it relied solely with Bidder "B". It will be a case where the general rule will not apply. Smile
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Re: Collussion

Post by engrjhez® on Fri Apr 11, 2014 2:38 pm

friend toe wrote:thank you sir engrjhez and mam regina... but may i follow up; could this be applied also to key personnel pledged? I observe most bidders use the same technical personnel with corresponding affidavits/sworn statement that they shall be engaged when and if the contract is awarded to them?

To me, it is not that crucial in executing a project if it is an INFRASTRUCTURE project. I may tolerate such. But not in the case of CONSULTING services where the availability of personnel themselves is the main ingredient for the success of the project.
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