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whether or not there is a tie among bidders, etc.

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whether or not there is a tie among bidders, etc.

Post by ercortes on Thu Oct 20, 2016 1:11 pm

To All Members of the Forum:


Greetings!

I am presently the Chairman of DBP LEASING CORPORATION' s (DBP-LC) Bids and Awards Committee.

May I most respectfully seek the invaluable advice of all the Members or Participants in this forum on the following query or request for elaboration from our entire BAC:


Currently, we are in the midst of an on-going procurement process to procure 'goods' in the form of healthcare plans ("related" or "analogous
services" as per Section 5.r of the IRR of RA 9184)) from an HMO for our qualified employees.

We just concluded the Pre-bid Conference where discussions took up one topic among others: the possibility of a tie between, say,
two bidders with identical bids.

The potential scenario (among other similar scenarios) goes like this: in the Technical Specifications of our Bidding Documents,
one component therein is the compliance with the so called maximum benefit limit (MBL) of the health maintenance coverage.

Our Bid docs provide, among others, that an eligible bidder must comply with the requirement that its offered healthcare coverage
has either an MBL of a low of Php 175,000, a high of Php 250,000 MBL or any value in between. For example, Bidder A's offer contains
an MBL of Php 200,000 while that of Bidder B is an MBL of Php 175,000. Both bidders bid with identical financial offer of Php 590,000,
well within the ABC. Only these two bidders participated in the public bidding.

All other things being equal and assuming Bidders A and B have passed post-qualification, are the two Bidders properly regarded as being
in a tie as the Lowest Calculated and Responsive Bidder (LCRB)? Or, does Bidder A become the LCRB because its healthcare bid has a higher MBL
(i.e., Php 200,000) than that of Bidder B's Php 175,000 even though the Bidding Documents, as adverted to, state that bidders may qualify
so long as their offers embody an MBL within the Php 175,000 to Php 250,000 range?

On a related scenario, what if Bidder B's bid amount is Php 550,000 or lower than Bidder A's quote of Php 590,000. Should Bidder B be the
LCRB because its bid price is lower, even though the MBL for its health maintenance coverage is Php 175,000 -- lower than Bidder A's offered MBL of
Php 200,000?

Finally, with reference to GPPB Circular No. 06-2005 dated 05 August 2005 (Subject: Guidelines on the use of non-discretionary criteria as tie-breaking method
where two or more bidders are declared LCRBs), has GPPB provided for more recent tie-breaking method apart from drawing of lots or toss coin?

Thank you so much and looking forward to the inputs, views and opinions of all Forum members at the soonest possible time.



ATTY. ERIC R. CORTES
BAC Chairman
Bids and Awards Committee
DBP Leasing Corporation

ercortes
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Male Number of posts : 1
Company/Agency : DBP Leasing Corporation
Occupation/Designation : BAC Chairman
Registration date : 2016-10-20

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