IMPORTANCE OF S-CURVE

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IMPORTANCE OF S-CURVE

Post by david_gilmour on Thu Sep 11, 2014 11:09 am

Can a bidder be declared ineligible if it submitted an incorrect S-curve based on the scope of works of the project?Upon review of the TWG, the contents of the S-curve was found incorrect.

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Re: IMPORTANCE OF S-CURVE

Post by regina avelino on Thu Sep 18, 2014 5:25 pm

If you will read section 37.2.3 of the IRR of RA 9184, S-curve is one of the documents that will form part of the contract, thus, this should not be the reason for the ineligibility of a prospective bidder during submission of bids. if the procuring entity finds that the s-curve will have a negative impact on the project, my opinion is that the HOPE may just require the contractor to make amendment that will be benefit in the actual implementation of the project.

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Re: IMPORTANCE OF S-CURVE

Post by engrjhez® on Fri Sep 19, 2014 10:40 pm

david_gilmour wrote:Can a bidder be declared ineligible if it submitted an incorrect S-curve based on the scope of works of the project?Upon review of the TWG, the contents of the S-curve was found incorrect.

No. S-Curve is not part of either eligibility, technical or financial documentary requirement. It is not a postqualification requirement either, but a contract document as correctly pointed out by Ms. Regina. Smile

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Re: IMPORTANCE OF S-CURVE

Post by david_gilmour on Wed Sep 24, 2014 4:17 pm

regina avelino wrote:If you will read section 37.2.3 of the IRR of RA 9184, S-curve is one of the documents that will form part of the contract, thus, this should not be the reason for the ineligibility of a prospective bidder during submission of bids.  if the procuring entity finds that the s-curve will have a negative impact on the project, my opinion is that the HOPE may just require the contractor to make amendment that will be benefit in the actual implementation of the project.


Thanks for your input Ms. Regina and Engrjhez, even if it is form part of the contract but it is an essential document , we believe that a bidder must submit a correct S-curve because that will be the basis of their work programs and it's not just a compliance for submission. If you will read Section 25 for all biddings , the bidder have sworn statements that each documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete and "all statements and information provided therein are true and correct". so, if it is incorrect, then that will be a ground for ineligibility.

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Re: IMPORTANCE OF S-CURVE

Post by engrjhez® on Wed Sep 24, 2014 6:34 pm

david_gilmour wrote:
regina avelino wrote:If you will read section 37.2.3 of the IRR of RA 9184, S-curve is one of the documents that will form part of the contract, thus, this should not be the reason for the ineligibility of a prospective bidder during submission of bids.  if the procuring entity finds that the s-curve will have a negative impact on the project, my opinion is that the HOPE may just require the contractor to make amendment that will be benefit in the actual implementation of the project.


Thanks for your input Ms. Regina and Engrjhez, even if it is form part of the contract but it is an essential document , we believe that a bidder must submit a correct S-curve because that will be the basis of their work programs and it's not just a compliance for submission. If you will read Section 25 for all biddings , the bidder have sworn statements that each documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete and "all statements and information provided therein are true and correct". so, if it is incorrect, then that will be a ground for ineligibility.

It appears that you are no longer asking the question but (now) arguing that it is a ground for disqualification.

Two things.

First, the Omnibus Sworn Statement in Sec.25 refers to correctness of all existing information. It is not applicable to entries entered into as part of proposal. A similar question would be: what is the effect of arithmetic errors in the bid? Is it a ground for disqualification. As a general rule, NO. Exception: if after application of arithmetic corrections the resulting bid amount exceeds the ABC. Matters not pertaining to records obtained in the past cannot be subject of the sworn statement. It still refers to future events which may or may not happen.

Second, the intention of the law is to minimize the requirements. During the procurement process, only those who will undergo postqualification will be asked to submit additional documents (such as PhilGEPS Certificate, income tax returns and other permits and licenses required by law and indicated in the bidding documents). The same trend holds true on such documents in question (such as S-Curve). Not every bidder submits them. Only one at a time is required to submit such. Mutatis mutandis, there is no practical necessity to require submission of S-curve when the bidder is not even eligible and qualified. Also, there is also nothing in the S-curve that will affect the legal, technical and financial capabilities of a bidder, i.e. with or without S-curve, bid evaluation may still be completed. Requiring it is already not proper, much more using it to disqualify a bidder.

Despite it all, the BAC may still rule that incorrect S-curve is a ground for disqualification. But if there will be oppositions, especially from the bidders, the BAC will have to justify its decision. Smile
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