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MOtion for REconsideration

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MOtion for REconsideration

Post by jomadel86 on Wed Sep 30, 2009 12:00 pm

Can we used as a ground for denying a motion for reconsideration the acceptance of the bidder of his bid documents upon the declaration of his being ineligible. In case, he files a protest can the HOPE also cite the same ground as a reason for dismissing his protest. Twisted Evil Evil or Very Mad Evil or Very Mad Evil or Very Mad Evil or Very Mad
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Re: MOtion for REconsideration

Post by riddler on Wed Sep 30, 2009 2:05 pm

jomadel86 wrote:Can we used as a ground for denying a motion for reconsideration the acceptance of the bidder of his bid documents upon the declaration of his being ineligible. In case, he files a protest can the HOPE also cite the same ground as a reason for dismissing his protest. Twisted Evil Evil or Very Mad Evil or Very Mad Evil or Very Mad Evil or Very Mad

Yes you can use that as a ground for denying the MR.The moment the inEligible Bidder (the old IRR) accepts his/her Bid Documents after the BAC declares it as "non-complying" or "failure", he/she loses his/her right to file for an MR.

However, i do not find this clauses in the new PBD(draft) and the revised IRR.
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Re: MOtion for REconsideration

Post by amang'65 on Wed Sep 30, 2009 2:38 pm

not legible na nga eh, bakit nyo pa papansinin. only legible bidders/suppliers are allowed to transact business with the government. unless kung binigyan nyo sila ng consideration to justify their not being eligible bidder/supplier.
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Re: MOtion for REconsideration

Post by riddler on Wed Sep 30, 2009 2:50 pm

amang1965 wrote:not legible na nga eh, bakit nyo pa papansinin. only legible bidders/suppliers are allowed to transact business with the government. unless kung binigyan nyo sila ng consideration to justify their not being eligible bidder/supplier.

we have to make "pansin" to them lalo na kung in black and white yung request nila for an MR maski mahina ata pandinig nila sa deliberation. Although some bidders dont understand the body language of the BAC na it will be an uphill battle for these Bidde/sr to consider their MR lalo na't patently kulang or expired yung mga dokumento, although there are rare circumstances na naga grant pa rin yung MR/s nila by the BAC.
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Re: MOtion for REconsideration

Post by amang'65 on Wed Sep 30, 2009 3:27 pm

of course naman it is a standard procedure to reply them in writing if the MR is in writing, but on the process of determining whether the bidders are eligible (during opening of bids) outright rejection na sya, that is why i said "unless kung mabait yung BAC natin at binigyan natin sila ng consideration to justify their position, kahit na wala pa yung written motion nila.
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Re: MOtion for REconsideration

Post by riddler on Wed Sep 30, 2009 3:54 pm

ruel wrote:
jomadel86 wrote:Can we used as a ground for denying a motion for reconsideration the acceptance of the bidder of his bid documents upon the declaration of his being ineligible. In case, he files a protest can the HOPE also cite the same ground as a reason for dismissing his protest. Twisted Evil Evil or Very Mad Evil or Very Mad Evil or Very Mad Evil or Very Mad

Yes you can use that as a ground for denying the MR.The moment the inEligible Bidder (the old IRR) accepts his/her Bid Documents after the BAC declares it as "non-complying" or "failure", he/she loses his/her right to file for an MR.

However, i do not find the abovementioned clauses in the new PBD(draft) and the revised IRR.

i made my above answer on the premise that, "the bidder has already accepted (based on the minutes of the BAC) his/her failed documents". And reading from the letter of "jomadel86" the Bidder somehow (within 3 cal days) filed an MR in writing to the BAC, which is incumbent for the BAC to act the MR within 7 cal days. Very Happy

amang1965 wrote:of course naman it is a standard procedure to reply them in writing if the MR is in writing, but on the process of determining whether the bidders are eligible (during opening of bids) outright rejection na sya, that is why i said "unless kung mabait yung BAC natin at binigyan natin sila ng consideration to justify their position, kahit na wala pa yung written motion nila.

maski outright rejection pa, or whether mabait ang BAC or not, or even at the opening of the Bid the BAC is not satisfied with his/her manisfested position, they still have the right to file for an MR in writing, which i believed that is the crux of "jomadel's" letter. Very Happy Very Happy


Last edited by ruel on Wed Sep 30, 2009 4:03 pm; edited 2 times in total
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Re: MOtion for REconsideration

Post by jomadel86 on Wed Sep 30, 2009 3:59 pm

I think there is a provision in Section 55.1 of Rule XVII on Protest Mechanism of the REvised IRR which states that "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." This same provision can also be used as a ground for denying a MR in case the failed bidder accepts his documents. The purpose of this rule is perhaps to prevent a failed bidder from matching or even lowering the bid of the eligible bidder that was already read during the opening of bid in case his MR is upheld. Very Happy Very Happy Very Happy Very Happy
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Re: MOtion for REconsideration

Post by riddler on Wed Sep 30, 2009 4:09 pm

jomadel86 wrote:I think there is a provision in Section 55.1 of Rule XVII on Protest Mechanism of the REvised IRR which states that "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." This same provision can also be used as a ground for denying a MR in case the failed bidder accepts his documents. The purpose of this rule is perhaps to prevent a failed bidder from matching or even lowering the bid of the eligible bidder that was already read during the opening of bid in case his MR is upheld. Very Happy Very Happy Very Happy Very Happy

yes. that's true jomadel. However, going back to your first query,, I was really confused it there is really a provision to return the Bid Documents of the Bidder declared as not "compliant/failed" by the BAC under our new rules. Very Happy Very Happy
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Re: MOtion for REconsideration

Post by sunriser431 on Wed Sep 30, 2009 4:10 pm

jomadel86 wrote:Can we used as a ground for denying a motion for reconsideration the acceptance of the bidder of his bid documents upon the declaration of his being ineligible. In case, he files a protest can the HOPE also cite the same ground as a reason for dismissing his protest. Twisted Evil Evil or Very Mad Evil or Very Mad Evil or Very Mad Evil or Very Mad
Excerpt from the Revised IRR of RA#9184 which is self explanatory, Hope this will help
Section 55. Protests on Decisions of the BAC
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
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Re: MOtion for REconsideration

Post by amang'65 on Wed Sep 30, 2009 4:26 pm

based on jomadel86 statement i find it very vague, neither was it stated whether the proceedings was in written or verbal because both can be possible, that is why we can derive so many scenarios or possibilties which i believe is a very good and healthy discussion para we can resort to as many remedies in case things happen. Anyways, for as long as something can be learned from our very own opinion is what counts. cheers!! drunken alright boys!
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Re: MOtion for REconsideration

Post by jomadel86 on Wed Sep 30, 2009 4:30 pm

I think that we have to return the bidding documents of the bidder declared as ineligible as in the old rule considering that there are only two envelopes whcih the bidder is required to pass and the first envelope usually contains the bid security which logic dictates that we indeed have to return the documents to the failed bidder. Question Question Question
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Re: MOtion for REconsideration

Post by riddler on Wed Sep 30, 2009 4:44 pm

jomadel86 wrote:I think that we have to return the bidding documents of the bidder declared as ineligible as in the old rule considering that there are only two envelopes whcih the bidder is required to pass and the first envelope usually contains the bid security which logic dictates that we indeed have to return the documents to the failed bidder. Question Question Question

I subscribe to that position. Pero iba din pusisyun ni engrjhez, Very Happy (the BAC Secretariat shall take custody of the Docs whether pass or fail).. Very Happy hey, jhez i-poll nga natin.

Sec. 55 you mentioned delves on Protest Mechanisms for the Bidder to resort to in case the BAC does not re-consider the MR.
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Re: MOtion for REconsideration

Post by riddler on Wed Sep 30, 2009 4:45 pm

amang1965 wrote:based on jomadel86 statement i find it very vague, neither was it stated whether the proceedings was in written or verbal because both can be possible, that is why we can derive so many scenarios or possibilties which i believe is a very good and healthy discussion para we can resort to as many remedies in case things happen. Anyways, for as long as something can be learned from our very own opinion is what counts. cheers!! drunken alright boys!

alright!! yeow! drunken drunken
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Re: MOtion for REconsideration

Post by sunriser431 on Wed Sep 30, 2009 5:24 pm

jomadel86 wrote:I think that we have to return the bidding documents of the bidder declared as ineligible as in the old rule considering that there are only two envelopes whcih the bidder is required to pass and the first envelope usually contains the bid security which logic dictates that we indeed have to return the documents to the failed bidder. Question Question Question

I agree, we been doing this procedure (returning the all bid documents) for quite sometime, and we have not receive any comment/observation from COA representative, otherwise they could have comment and institute corrective measures.
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Re: MOtion for REconsideration

Post by engrjhez® on Wed Sep 30, 2009 7:14 pm

ruel wrote:
I subscribe to that position. Pero iba din pusisyun ni engrjhez, Very Happy (the BAC Secretariat shall take custody of the Docs whether pass or fail).. Very Happy hey, jhez i-poll nga natin.

Sec. 55 you mentioned delves on Protest Mechanisms for the Bidder to resort to in case the BAC does not re-consider the MR.

I thought I have posted a reply on this topic - wala pala. Baka hindi na-upload. Anyway, i-clarify ko lang position ko:

The submitted and received bidding documents shall be in the custody of the BAC Secretariat only until prescribed periods of signifying interest to file up to the filing of RFR is totally consumed. In fact it will always be clear in the minutes of the meeting if the bidder is really questioning the decision of BAC. Whether the bidder wants to retrieve their envelopes/proposals or not, it would still be prudent to have the disqualified bidder sign a "waiver" that they do not intend to file RFR. This is to ensure that the failed bidder "sportsmanly" accepted defeat and conceded without conditions.

Again, no harm in returning the bid envelopes/proposals. Pero no harm din naman in keeping di ba? (unless gustong kunin ng bidder yung bid envelopes/proposals nila, which may be tricky on our part). Looking back nga sa Section 55, there is none mentioned in returning the envelopes - just keeping them. For as long as the technicalities are well documented, I think there would be no problem answering any RFRs and even protests in the future.
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