limitation on variance and line item has no bidder

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limitation on variance and line item has no bidder

Post by rose0605 on Wed Nov 12, 2014 11:01 am

goo day..

may i ask po your opinion if may restriction sa variance? like for example, pag nagpabid po tapos ung winning bidder ang variance sa ABC ay 50.1%, (meaning kalahati po ang presyo na binigay ng bidder compared sa ABC nung procurement) bawal po b un or dapat madisqualify? if yes, is there any legal basis for such?

also, we conducted a public bidding, na may 3 line items, unfortunately dun sa isang line item wala po sumamang bidder whereas dun sa 2 may winning bidder. ano pong mangyayari dun sa line item n walang nagbid? hindi ko po kc malagay na failure of bidding since ung 2 line item may nanalo tpos sa philgeps hindi naman sila treated individually.

thank you.. Smile

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Re: limitation on variance and line item has no bidder

Post by attywaws on Fri Nov 21, 2014 1:36 pm

Hi rose!

For the first inquiry, you cannot disqualify the bidder since there is not law prohibiting the bidders from giving offers way below the ABC. The applicable provision would be Section 31.1 of the IRR which states that "The ABC shall be the upper limit or ceiling for acceptable bid prices. If a bid price, as evaluated and calculated in accordance with this IRR, is higher than the ABC. The bidder submitting the same shall be automatically disqualified. There shall be no lower limit or floor on the amount of the award."

Applying the aforementioned provision, it is clear that a bidder may opt to bid as low as what he wanted it to be. In fact, the bidder may also indicate "0" in its bid price where it would then be considered as "free". This provision which does not prescribe lower limit is included to ensure that the contract is "most advantageous to the government".

As for your second inquiry, the BAC should declare a failure of bidding since not all items in the single procurement was quoted by the bidders who participated. This is on the presumption that the invitation was for a "lot" bidding (since you mentioned that you posted it in PhilGEPS as a single project). You cannot award the contract to the "winning bidder" for the two items since the procurement is considered to be a single project, and it cannot be divided into parts. It is only when "line bidding" is used where you can separate the award of the items included in one posting.
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Re: limitation on variance and line item has no bidder

Post by rose0605 on Tue Nov 25, 2014 9:20 am

sir/mam waws20, thank you for the reply Smile actually i posted it on philgeps as "supply and delivery of laboratory reagents, but was not on a one lot basis. it was posted under three line items (where bidders can opt to bid for just one or two or all three line items). the other two lines had qualified bidders, but unfortunately the last item didnt have any bidders who bought and submitted bidding documents.

What can we do with the last item? thank you once again.

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Re: limitation on variance and line item has no bidder

Post by engrjhez® on Wed Nov 26, 2014 6:32 pm

rose0605 wrote:sir/mam waws20, thank you for the reply Smile actually i posted it on philgeps as "supply and delivery of laboratory reagents, but was not on a one lot basis. it was posted under three line items (where bidders can opt to bid for just one or two or all three line items). the other two lines had qualified bidders, but unfortunately the last item didnt have any bidders who bought and submitted bidding documents.

What can we do with the last item? thank you once again.

By default, the failed item(s) must be re-posted (again as public bidding) after the mandatory review of the terms, conditions and specifications. If the PE instead would have it procured under any alternative methods, prior approval from the HOPE and justification must concur accordingly.
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Re: limitation on variance and line item has no bidder

Post by rose0605 on Thu Nov 27, 2014 9:35 am

can i declare it as bid failure on PhilGEPS sir? will that affect the other 2 items which was actually successful?

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Re: limitation on variance and line item has no bidder

Post by engrjhez® on Thu Nov 27, 2014 3:42 pm

rose0605 wrote:can i declare it as bid failure on PhilGEPS sir? will that affect the other 2 items which was actually successful?

No. Just proceed with the award of the two items. If you choose "fail bid" it will affect all the items therein.
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Re: limitation on variance and line item has no bidder

Post by rose0605 on Mon Dec 01, 2014 11:00 am

ok sir.. thank u again.. more power Smile

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