Cancellation of Notice of Award by the HOPE

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Cancellation of Notice of Award by the HOPE

Post by meijunji on Sat Feb 11, 2017 12:46 am

Hi po,

Inquire lang po on the same topic of cancellation of award. ganito po kasi ang facts ng case:

1. Bidder 1,2,3 nagjoin ng bidding for procurement of security services.
2. Arranged from lowest to highest bid were Bidders 1,2 and 3, in this order.
3. Bidder 1 was post-disqualified.
4. Bidder 2 was post-qualified, and issued a NOA, January 27, 20XX
5. On January 28, 20XX, Bidder 3 was requesting for notice to bidders on the result of Bac Resolution/Bidding results, citing Sec. 37.1.1 of 2016 IRR
6. On same day, Bidder 3 was informed verbally by the BAC Chair that NOA was awarded to Bidder 2.
7. Bidder 3 later informed the BAC thru unsolicited letter information that Bidder 2 has an expired Certificate of Registration, as a post-qualification requirement.
8. Bidder 3, basing on the verbal notification of the BAC Chair, filed an MR before the BAC, due to the expired license.
9. the BAC denied the MR, because it reconsidered the application for renewal in view of expired license.
10. Bidder 3, filed a protest before the HOPE, citing BAC's exercise of discretion.
11. Bidder 3 got a favorable ruling from the HOPE, and set aside the decision of the BAC and recalled/Cancelled the issuance of NOA, due to discovery of an expired license.
12. Bidder 2 filed an MR on the decision of the HOPE. Later denied, citing no notice to proceed, no contract issued yet by the PE.
13. Bidder 2 didn't file a protest, but filed a TRO and Injunction, claiming for Specific Performance, Damages etc.

Proper po kaya ang ginawa ng HOPE?? May remedy po kaya si HOPE?? Hoping for your guidance. thank you po.

meijunji
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Re: Cancellation of Notice of Award by the HOPE

Post by pluma on Mon Feb 13, 2017 10:48 am

meijunji wrote:
6. On same day, Bidder 3 was informed verbally by the BAC Chair that NOA was awarded to Bidder 2.
7. Bidder 3 later informed the BAC thru unsolicited letter information that Bidder 2 has an expired Certificate of Registration, as a post-qualification requirement.
8. Bidder 3, basing on the verbal notification of the BAC Chair, filed an MR before the BAC, due to the expired license.
9. the BAC denied the MR, because it reconsidered the application for renewal in view of expired license.

~7,8 & 9. Expired Certificate of Registration - Sec. 30.1 po, "Pass or Fail" criterion pag dating sa eligibility/technical requirements at ang Certificate of Registration ay kasama sa Class A documents. based sa last seminar namin, ang mga dapat na hinging dokumento sa postqua ay mga karagdagang documents (hindi yung mismong A&B documents) to further check their eligibility. Kaya dapat po "fail" na yung bidder 2.

~Sec. 37.1.1 - The BAC shall notify all other bidders, in writing, of its recommendation.

~HoPE po kasi ang may rights to reject/accept, sa atin sa BAC po recommendation lang.

I think sunriser, RDV and engrjhez are the most fitting persons to answer this.
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Re: Cancellation of Notice of Award by the HOPE

Post by meijunji on Thu Feb 16, 2017 9:19 am

pluma wrote:
meijunji wrote:
6. On same day, Bidder 3 was informed verbally by the BAC Chair that NOA was awarded to Bidder 2.
7. Bidder 3 later informed the BAC thru unsolicited letter information that Bidder 2 has an expired Certificate of Registration, as a post-qualification requirement.
8. Bidder 3, basing on the verbal notification of the BAC Chair, filed an MR before the BAC, due to the expired license.
9. the BAC denied the MR, because it reconsidered the application for renewal in view of expired license.

~7,8 & 9. Expired Certificate of Registration - Sec. 30.1 po, "Pass or Fail" criterion pag dating sa eligibility/technical requirements at ang Certificate of Registration ay kasama sa Class A documents. based sa last seminar namin, ang mga dapat na hinging dokumento sa postqua ay mga karagdagang documents (hindi yung mismong A&B documents) to further check their eligibility. Kaya dapat po "fail" na yung bidder 2.

~Sec. 37.1.1 - The BAC shall notify all other bidders, in writing, of its recommendation.

~HoPE po kasi ang may rights to reject/accept, sa atin sa BAC po recommendation lang.

I think sunriser, RDV and engrjhez are the most fitting persons to answer this.


Thank you po.. sana po matulungan nyo kami.. kailangan po namin yung expert opinion po niyo. Thank you so much po.

meijunji
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Re: Cancellation of Notice of Award by the HOPE

Post by engrjhez® on Mon Mar 13, 2017 8:06 pm

I believe it's not the HoPE who should ask for remedy, but Bidder 2.

Bidder 2 has no clear legal right that will entitle it for the reliefs prayed for. The proper remedy for Bidder 2 is to file a Protest and exhaust administrative remedies. Thereafter, Bidder 2 should have filed a petition for certiorari under Rule 65 of the Rules of Court.

Being premature and improper, Bidder 2's case must be dismissed for lack of merit.
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