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Declared ineligible due to non-submission of "not applicable" statement for Joint Venture

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Declared ineligible due to non-submission of "not applicable" statement for Joint Venture

Post by informer21 on Mon May 25, 2015 10:00 am

I'm just new here, please help by answering some questions below, and please give your own understanding and decision on below matter/situation.

On a public bidding for goods, bidder A, a sole proprietor, was declared ineligible by the BAC because they did not submit a "not applicable" statement for a joint venture. Was it right for the BAC to declare bidder A ineligible for that ground? Bidder A requested for reconsideration but when bidder A followed-up for the reply on their R/R (already more than seven days), the BAC said they will just send their reply, but informed bidder A that their reply would be a "deny". Sabi pa ng BAC hayaan na lang daw yung bidding na yun dahil marami pa naman daw kasunod, and also, tinuloy na raw nila kasi pag-process sa bid ng bidder B (who passed all the eligibility requirements.

From what the BAC told to bidder A, lumalabas na balewala lang pala na mag request for reconsideration pa yung bidder A, dahil automatic "deny" na rin lang pala.

Tama po ba yung ganitong gawain ng BAC and in the first place, tama po ba yung i-declare nila ineligible yung bidder A because of not submitting a "not applicable" statement for joint venture, samantalang yung bidder A ay isang sole proprietor, and they submitted naman all the requirements for sole proprietorship?

The request for reconsideration of Bidder A was based on section 23.5.1.1 of Revised IRR of 9184 (and section 5.1 of bidding documents) - The Eligibility Criteria, but it was denied by the BAC for the following grounds; "it is worth mentioning that during the bid opening, the JV agreement may not yet in existence and shall only be entered into after the contract award. This is the reason why the BAC must be informed whether or not the required JV agreement is applicable to your company so the BAC may properly evaluate the documents your company submitted".

Where (what part/section) in the bidding document or in the Revised IRR of RA 9184 you can find this reason of the BAC, for denying the request for reconsideration of Bidder A? Is there any provision in the Revised IRR of RA 9184 (and bidding documents), that the BAC must be informed by each eligible bidder whether or not the required JV agreement is applicable to their company? Is there also any provision in the Revised IRR (and bidding documents), that if one eligible bidder failed to inform BAC by not submitting the "not applicable" statement for JV, that bidder will be declared ineligible?

Section 23.5.1.1 (e) of the revised IRR of RA 9184 states that those persons/entities formed into a joint venture must submit their JVA, or a notarized statement for those potential joint venture partners, or those persons/entities that intend to be jointly and severally responsible or liable for a particular contract. Above reason of BAC for denying a request for reconsideration was not mentioned in this section (nor in any section) of the Revised IRR of RA 9184.

Was the above reason of the BAC for denying the request for reconsideration of Bidder A, the right, truthful and lawful one? Or in the first place, declaring Bidder A ineligible, for the same reason?

Just my wild imagination..., can we see this action of the BAC as favoring the other bidder? Hinanapan ng butas ibang bidders to be declared ineligible, para masolo nung isang bidder yung bidding?

PLEASE HELP....


Last edited by informer21 on Thu May 28, 2015 11:55 am; edited 2 times in total (Reason for editing : additional info)

informer21
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Male Number of posts : 5
Company/Agency : Bon Industrial Sales
Occupation/Designation : Sales Executive
Registration date : 2015-05-25

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