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PROTEST MECHANISM

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PROTEST MECHANISM

Post by Guest on Fri Sep 04, 2009 1:33 pm

Good pm. what are the grounds for filing a protest and who are those given the right to file a protest? thanks.

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Re: PROTEST MECHANISM

Post by engrjhez® on Fri Sep 04, 2009 1:45 pm

bpm0122 wrote:Good pm. what are the grounds for filing a protest and who are those given the right to file a protest? thanks.

Before any protest is a Request for Reconsideration (RFR). Referring to pertinent provisions of Section 55 of the Revised IRR:

  • 55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
    filing a request for reconsideration within the three (3) calendar days upon receipt of
    written notice or upon verbal notification. The BAC shall decide on the request for
    reconsideration within seven (7) calendar days from receipt thereof.

    If a failed bidder signifies his intent to file a request for reconsideration, the BAC
    shall keep the bid envelopes of the said failed bidder unopened and/or duly sealed
    until such time that the request for reconsideration has been resolved

  • 55.2. In the event that the request for reconsideration is denied, decisions of the BAC may
    be protested in writing to the Head of the Procuring Entity: Provided, however, That
    a prior request for reconsideration should have been filed by the party concerned in
    accordance with the preceding Section, and the same has been resolved.

  • 55.3. The protest must be filed within seven (7) calendar days from receipt by the party
    concerned of the resolution of the BAC denying its request for reconsideration.
    A
    protest may be made by filing a verified position paper with the Head of the
    Procuring Entity concerned, accompanied by the payment of a non-refundable
    protest fee. The non-refundable protest fee shall be in an amount equivalent to no
    less than one percent (1%) of the ABC.

Hope this helps. Smile


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Re: PROTEST MECHANISM

Post by RDV @ GP3i on Fri Sep 04, 2009 8:46 pm

bpm0122 wrote:Good pm. what are the grounds for filing a protest and who are those given the right to file a protest? thanks.

Who may file a Protest?
The bidder who has been declared ineligible to participate in the bidding process or disqualified by the BAC, and has filed a Motion for Reconsideration (MR) to the BAC, but the BAC denied his MR.

What grounds for filing a Protest?

On the ground that the BAC made an error in denying his MR.

The Protest is made by filing a verified position paper with the HOPE within 7 c.d. from receipt of the BAC resolution denying his MR, accompanied with a payment of a non-refundable protest fee equivalent to 1% of the ABC. The verified position paper should contain a brief statement of the facts, the issue(s) to be resolved and such other matters and information pertinent and relevant to the proper resolution of the Protest.
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Re: PROTEST MECHANISM

Post by Guest on Tue Sep 08, 2009 5:32 pm

thanks much. this has helped me greatly. Very Happy

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protest mechanism

Post by meAnne on Tue Dec 15, 2009 3:41 pm

good day to all Very Happy

following are the step-by-step procedure on protest by a bidder as i understand from the IRR:

1. bidder - files a motion/request for reconsideration
2. BAC - decides on the request
3. bidder - if request is denied, may protest in writing to HOPE by filing a verified position paper
4. HOPE - resolves protest

may i request for clarifications on issues below :

1. in step 2, is a BAC resolution necessary?
2. in step 3, what happens if the request is granted?
3. what document will declare the resolution of HOPE for the protest? will a letter communicating the HOPE's decision be sufficient?

at ang malupet :

who prepares the verified position paper?

SALAMAT PO SA INYONG LAHAT. MABUHAY KAYO!!!!
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Re: PROTEST MECHANISM

Post by Niwram on Tue Dec 15, 2009 3:55 pm

gud day meanne..

1. with regards to the first query. yes the resolution of the BAC is necessary.

2. if the request is granted the BAC will decide the request for reconsideration within 7 calendar days from receipt thereof.

3.the resolution of the BAC will be forwarded to the HOPE informing him/her of such decision. A letter communicating the HOPE's decision is sufficient.

4. the verified position paper will be prepared by the bidder who want to file a protest..

hope this will help.. Smile
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Re: PROTEST MECHANISM

Post by Guest on Tue Dec 15, 2009 4:34 pm

meAnne wrote:good day to all Very Happy

following are the step-by-step procedure on protest by a bidder as i understand from the IRR:

1. bidder - files a motion/request for reconsideration
2. BAC - decides on the request
3. bidder - if request is denied, may protest in writing to HOPE by filing a verified position paper
4. HOPE - resolves protest

may i request for clarifications on issues below :

1. in step 2, is a BAC resolution necessary?
2. in step 3, what happens if the request is granted?
3. what document will declare the resolution of HOPE for the protest? will a letter communicating the HOPE's decision be sufficient?

at ang malupet :

who prepares the verified position paper?

SALAMAT PO SA INYONG LAHAT. MABUHAY KAYO!!!!

1. Yes it is necessary. 55.3 and 56
2. The BAC must apply the decision rendered.
3. MR = BAC resolution
Protest = HOPE letter/memo etc
4.The bidder

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Re: PROTEST MECHANISM

Post by engrjhez® on Tue Dec 15, 2009 6:43 pm

meAnne wrote:x x x
at ang malupet :

who prepares the verified position paper?

SALAMAT PO SA INYONG LAHAT. MABUHAY KAYO!!!!

In addition to their answers, a verified position paper must be:
  1. In writing, with the complete details of the reasons consistently elaborated;
  2. The paper is properly signed by the company owner or if in the case of corporations, the board;
  3. The position paper is available from the company Secretary at any time it would be verified;
Optional: some even publish the position paper in newspapers of general nationwide circulation.

Have a nice day! Very Happy
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Re: PROTEST MECHANISM

Post by amang'65 on Tue Dec 15, 2009 7:38 pm

hi meann, tagal mong nawala, na miss kita.
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Re: PROTEST MECHANISM

Post by sunriser431 on Wed Dec 16, 2009 10:34 am

Guest wrote:Good pm. what are the grounds for filing a protest and who are those given the right to file a protest? thanks.
Welcome to the forum guest. Try this link http://www.lawphil.net/judjuris/juri2009/jan2009/gr_178799_2009.html. hopefully you'll get the idea and the procedure involved. bounce
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protest mechanism

Post by meAnne on Wed Dec 16, 2009 1:04 pm

good day, everybody Smile

thanks for the prompt and enlightening reply, engrjhez, amang1965, wormaixJr, mmp. will follow your answers to the letter.

na-miss ko rin po kayo, ms. amang1965 Wink

God bless at mabuhay kayong lahat Cool
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Re: PROTEST MECHANISM

Post by PRECA on Fri Jun 24, 2011 2:58 pm

Gud day to all. Query lang po, can a bidder still file MR on the HOPE's final decision on its Protest? The IRR is silent but what it does provide is for the bidder to elevate the matter to the RTC on Certiorari. So is an MR on the decision over the Protest still acceptable? Maraming salamat po.

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Re: PROTEST MECHANISM

Post by RDV @ GP3i on Sat Jun 25, 2011 10:38 am

PRECA wrote:Gud day to all. Query lang po, can a bidder still file MR on the HOPE's final decision on its Protest? The IRR is silent but what it does provide is for the bidder to elevate the matter to the RTC on Certiorari. So is an MR on the decision over the Protest still acceptable? Maraming salamat po.

The IRR is not actually silent on the matter. Under Sec. 56 of the IRR, it does provide, among others, that the decisions of the HOPE concerned shall be final. Likewise, Sec. 58.1 provides that court action may be resorted to only after the protests have been completed or resolved by the HOPE with finality.
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Re: PROTEST MECHANISM

Post by PRECA on Mon Jun 27, 2011 10:30 am

So is it still possible for the agency to entertain an MR of the HOPE's "final" decision? i.e., if the MR raises new arguments that the HOPE may somehow consider meritorious? Or do we interpret sec. 58.1 as prohibiting the filing of an MR on the HOPE's final decision so that the bidder already has to elevate the issues to the courts? Thanks.

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Re: PROTEST MECHANISM

Post by RDV @ GP3i on Tue Jun 28, 2011 3:27 pm

PRECA wrote:So is it still possible for the agency to entertain an MR of the HOPE's "final" decision? i.e., if the MR raises new arguments that the HOPE may somehow consider meritorious? Or do we interpret sec. 58.1 as prohibiting the filing of an MR on the HOPE's final decision so that the bidder already has to elevate the issues to the courts? Thanks.

If the HOPE's decision is already "final", I would argue that MR should not longer be entertained by the HOPE. The next recourse available to the bidder is to elevate the issue to the RTC.
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Re: PROTEST MECHANISM

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