Grounds for failure of bidder in preliminary bid evaluation

View previous topic View next topic Go down

Grounds for failure of bidder in preliminary bid evaluation

Post by CincodeMayo on Tue Oct 18, 2016 2:39 pm

Hi!

I would just like to ask. Is violating any of the instructions as found in the Bid Data Sheet tantamount to automatically being considered as failed in the preliminary evaluation of bids?

The bid was immediately considered as failed, without even opening the envelopes, since it did not follow the specific manner of sealing and marking of bids as found in the Bid Data Sheet.

The instructions found in the Bid Data Sheet is to place four copies of the technical documents (each copy is placed in an envelope) in one big envelope, and to place four copies of the financial documents (each copy is placed in an envelope) in another big envelope. These two big envelopes shall then be placed in one big envelope.

However, the instructions found in the Instructions to Bidders regarding the Sealing and Marking of Bids is contrary to this. As stated in the instructions to bidders, one copy of the technical documents (contained in a sealed envelope) and one copy of the financial documents (contained in a sealed envelope) shall be contained in one outer envelope. That is, one technical and one financial document envelope is contained in one outer envelope. This process is done for the original copies and for the remaining three copies of the bid documents. These five outer envelopes shall then be compiled and enclosed in one big envelope.

The bidder followed the manner as stated in the Instructions to Bidders, and not the instructions as found in the Bid Data Sheet. Because of this, the bidder's envelope was not opened by the BAC and it was automatically considered as failed. Is the BAC correct in considering the bidder as failed due to the non-compliance with the manner of sealing and marking the bids as stated in the Bid Data Sheet? Please enlighten us regarding this situation.

CincodeMayo
New Member
New Member

Male Number of posts : 6
Company/Agency : National Government
Occupation/Designation : Government employee
Registration date : 2016-10-18

Back to top Go down

Re: Grounds for failure of bidder in preliminary bid evaluation

Post by engrjhez® on Thu Oct 20, 2016 8:57 pm

CincodeMayo wrote:Hi!

I would just like to ask. Is violating any of the instructions as found in the Bid Data Sheet tantamount to automatically being considered as failed in the preliminary evaluation of bids?

The bid was immediately considered as failed, without even opening the envelopes, since it did not follow the specific manner of sealing and marking of bids as found in the Bid Data Sheet.

The instructions found in the Bid Data Sheet is to place four copies of the technical documents (each copy is placed in an envelope) in one big envelope, and to place four copies of the financial documents (each copy is placed in an envelope) in another big envelope. These two big envelopes shall then be placed in one big envelope.

However, the instructions found in the Instructions to Bidders regarding the Sealing and Marking of Bids is contrary to this. As stated in the instructions to bidders, one copy of the technical documents (contained in a sealed envelope) and one copy of the financial documents (contained in a sealed envelope) shall be contained in one outer envelope. That is, one technical and one financial document envelope is contained in one outer envelope. This process is done for the original copies and for the remaining three copies of the bid documents. These five outer envelopes shall then be compiled and enclosed in one big envelope.

The bidder followed the manner as stated in the Instructions to Bidders, and not the instructions as found in the Bid Data Sheet. Because of this, the bidder's envelope was not opened by the BAC and it was automatically considered as failed. Is the BAC correct in considering the bidder as failed due to the non-compliance with the manner of sealing and marking the bids as stated in the Bid Data Sheet? Please enlighten us regarding this situation.

Yes. The specific provisions prevail over the general provisions. The Bid Data Sheet (BDS) is the specific provision introduced to effect changes in the otherwise unalterable general provisions of the Instruction to Bidders (IB). It is settled that non-compliance with the Bidding Documents may be a sufficient ground for outright disqualification.

There are several GPPB Opinions to support this. One is cited below:

2014-11-10
NPM 118-2014
Requesting Entity: Topmost Development & Marketing Corp.
Issues Concern: Sealing and Marking of Bids

Details
Whether the Sealing and Marking Requirements under Clause 19.1 of the Instruction to Bidders (ITB) of the Philippine Bidding Documents (PBDs) and Section 25.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184 are mandatory

Clause 19.1 of the ITB of the PBD for the Procurement of Goods merely restates the rules under Section 25.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, which requires that the bids shall be submitted simultaneously in two (2) separate sealed bid envelopes. With regard to the sealing and marking of bids, the appropriate provision of the PBD for the Procurement of Goods is Clause 20.

-x-x-x-


[T]he term used for the sealing and marking of bids is "shall". This connotes the mandatory nature of the rules as the ordinary signification of the word "shall" is imperative. For this reason, we have consistently opined that failure to observe the rules on proper sealing and marking of bids may serve as a ground to disqualify a bidder.

Further, it bears stressing that under Clause 6.1(a), ITB of the PBD for the Procurement of Goods, it is the responsibility of the bidder to take steps to carefully examine all of the Bidding Documents. Consequently, under Clause 6.5 of the same PBD, the Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the Procuring Entity.

Source: http://www.gppb.gov.ph/opinions/view_nonpolicy.php?id=1164
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Grounds for failure of bidder in preliminary bid evaluation

Post by CincodeMayo on Wed Oct 26, 2016 3:27 pm

Hi! Thank you very much for your reply!  Surprised

The quoted NPM above, I believe, only applies to violations of the provisions found in the Instructions to Bidders (ITB). I have been looking for a Non-Policy Opinion from the GPPB which specifically tackles on violations of the specific instructions as found in the Bid Data Sheet (BDS), to no avail.

I understand that modifications to the ITB are / may be presented in the BDS, as stated in the Philippine Bidding Documents. However, I am just unsure whether violations in the BDS have the same weight as violations in the ITB to merit the disqualification of a bidder since they are still two different documents.

In this situation, the bidder was wondering why they were automatically disqualified by the BAC without even opening their envelopes when they have faithfully followed the instructions on the sealing of bids as found in the ITB.

They were furious about the fact that the instructions re the sealing of the bids as found in the ITB is inconsistent with that found in the BDS and were also furious about the fact that their envelopes were not opened simply because of this minor oversight.


I was hoping to find an existing NPM, or any other literature, from the GPPB to support the BAC's assertion since this will truly be able to settle the matter. Do you know of any existing literature or NPMs from the GPPB regarding violations of the instructions as found in the Bid Data Sheet and its corresponding effects?

CincodeMayo
New Member
New Member

Male Number of posts : 6
Company/Agency : National Government
Occupation/Designation : Government employee
Registration date : 2016-10-18

Back to top Go down

Re: Grounds for failure of bidder in preliminary bid evaluation

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum