DECLARATION OF POST-DISQUALIFICATION OF A BIDDER

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DECLARATION OF POST-DISQUALIFICATION OF A BIDDER

Post by eclipa on Wed Jul 01, 2015 3:43 pm

hello po magandang hapon. i would to inquire for clarification on this matter. currently our agency had a public bidding for procurement of goods for disaster stockpiling. on may 20, 2015, the scheduled date for bid opening, only one bidder submitted their bid documents and apparently declare pass as they comply all the requirements needed during the bid opening. on june 1, 2015, BAC conducted post-qualification and the bidder pass all the requirements. however, the BAC finds-out that the bid price submitted by the lone bidder exceeds the current prevailing market price. my question is that, can the BAC declare failure of bidding or disqualify the bidder for the reason that their bid price submitted are higher as compare to the market price. but their bid price will not exceed to the ABC posted. the case only, is that, they offer the less quality item but their bid price is more expensive as compare to the market SRP.

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Re: DECLARATION OF POST-DISQUALIFICATION OF A BIDDER

Post by engrjhez® on Wed Jul 01, 2015 7:05 pm

eclipa wrote:hello po magandang hapon. i would to inquire for clarification on this matter. currently our agency had a public bidding for procurement of goods for disaster stockpiling. on may 20, 2015, the scheduled date for bid opening, only one bidder submitted their bid documents and apparently declare pass as they comply all the requirements needed during the bid opening. on june 1, 2015, BAC conducted post-qualification and the bidder pass all the requirements. however, the BAC finds-out that the bid price submitted by the lone bidder exceeds the current prevailing market price. my question is that, can the BAC declare failure of bidding or disqualify the bidder for the reason that their bid price submitted are higher as compare to the market price. but their bid price will not exceed to the ABC posted. the case only, is that, they offer the less quality item but their bid price is more expensive as compare to the market SRP.

The BAC cannot declare a failure of bidding outside the exclusive grounds provided by Section 35 of the RR of R.A. No. 9184. Bid price appearing to be higher than the market price is not a ground for disqualification, as long as it does not exceed the ABC. The real question, perhaps, is whether your ABC reflects the most advantageous prevailing price for the government.

Another question will be the bidder's compliance with the technical specifications. Does your statement "they offer the less quality item" mean their bid was below the minimum specifications set in the bidding documents? If so, then that should be a ground for disqualification.
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Re: DECLARATION OF POST-DISQUALIFICATION OF A BIDDER

Post by eclipa on Fri Jul 31, 2015 3:13 pm

follow up question po with regards on the above matter. During pre-bid isa sa mga bidder ngraise ng issue kung bakit 160g ang specs nmn for corned beef since the common market weight is only 150g. Only Holiday brand ang meron 160g. Ngissue kame ng bid bulletin to amend the specs raised by the bidder kaso hnd nmn natuunan ng pansin ung ABC nmn. Nung ngset kme ng ABC it pertains to 160g pero nung ngbid bulletin kme from 160g to 150g hnd nmn naadjust ung ABC. As a result, mataas ang ABC nmn for the 150g specs for corned beef. My question, can we still award the contract to the LCB despite the ABC has mislook to adjust the ABC  after changing the quantity from 160g to 150g.

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Re: DECLARATION OF POST-DISQUALIFICATION OF A BIDDER

Post by regina avelino on Tue Aug 04, 2015 8:30 am

my take on the matter. section 41 reservation clause is applicable on this instant case. it would definite disadvantageous to the government if the project is awarded. the flaw noted would be the justifiable and reasonable ground not to award the contract and declare a failure of biddings.

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