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divulging list of prospective bidders

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divulging list of prospective bidders

Post by chris on Tue Oct 20, 2009 5:51 pm

Good Day!


I just would like to ask whether the BAC or BAC Secretariat for that matter is allowed to divulge whenever asked by the prospective suppliers, list of bidders who bought bidding documents. We normally answered "several suppliers/bidders" was able to buy. But there are those who are persistent to know the list. Is this allowed? thanks. I know this is petty matter but I need your opinion. Thanks again.
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Re: divulging list of prospective bidders

Post by fe a. araya on Tue Oct 20, 2009 6:27 pm

I experienced that also. But I have the same answer as yours. In the preparation of the bidding documents for sale to the prospective bidders, we maintain a list of those who submitted LOI and found eligible so that we can determine how many sets of bidding documents to prepare. I believe the list of prospective bidders is one of the bidding documents the BAC Secretariat is handling. Section 19 of the REvised IRR provides that:

" In all stages of the preparation of the Bidding Documents, the procuring entity shall ensure equal access to information. Prior to their oficial release to prospective bidders, no aspect of the Bidding Documents shall be divulged or released to any prospecive bidder or person having direct or indirect interest in the project to be procured, or to any party, except thoe officially authorized in the handling of the documents."

I hope when we did not heed to the request of the prospective bidders, we are not violating any rule of the IRR.
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Re: divulging list of prospective bidders

Post by jcolas on Tue Oct 20, 2009 10:40 pm

To madam Fe and Sir Chris. Under Section 33.1 of the Act, those who have submitted their bids are prohibited from making any communication with any member of the BAC, its staff, ther Secretariat and TWG regarding matters connected with their bids. This is where the "No contact Rule" starts. Clarifications must always be in writing. So that in my humble opinion, it will not matter if we answer querries of prospective bidders anything that is connected with the bidding activity, and that includes who and what firm has already purchased the bid docs as I believe this information will not in any way influence the bidding result. Any comment from the other members?
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Re: divulging list of prospective bidders

Post by engrjhez® on Tue Oct 20, 2009 11:44 pm

jcolas wrote:To madam Fe and Sir Chris. Under Section 33.1 of the Act, those who have submitted their bids are prohibited from making any communication with any member of the BAC, its staff, ther Secretariat and TWG regarding matters connected with their bids. This is where the "No contact Rule" starts. Clarifications must always be in writing. So that in my humble opinion, it will not matter if we answer querries of prospective bidders anything that is connected with the bidding activity, and that includes who and what firm has already purchased the bid docs as I believe this information will not in any way influence the bidding result. Any comment from the other members?

I believe Fe and Chris were talking of the purchase of bidding documents and not those who submitted, hence Sec.33.1 will not apply. The practice of non-disclosure of bidders who purchased bidding documents is neither violative nor expressly allowed. The principle of transparency and equal access to information shall be considered. If the information is not available to one, it must not to all. There are a lot of ways to know who purchased bidding documents but I would agree the information must not come from the BAC nor the BAC Secretariat.

Very Happy
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Re: divulging list of prospective bidders

Post by fe a. araya on Wed Oct 21, 2009 11:00 am

I agree with engrjhez. The info should not come from the BAC especially the BAC Secretariat except when the BAC Chairman himself asked for it from the Secretariat. Other than him, we in the Secretariat do not give info bout this to bidders. Just thinking aloud, why would a prospective bidder be very interested to get a list of those who purchase the bid docs? (are they up to something? )
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Re: divulging list of prospective bidders

Post by engrjhez® on Wed Oct 21, 2009 11:07 am

Also, true enough that there may be no malice at all in asking who purchased the bidding documents. But there is also a possibility of a collusion in process (when they know the participating bidders).

Transparency, as with freedom, is not always absolute. Very Happy
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Re: divulging list of prospective bidders

Post by chris on Wed Oct 21, 2009 12:35 pm

To all those who shared their points of view regarding my querie, thank you so much. I agree to ms. fe and engrjhez about dealing on situations like the one i have raised. We actually never divulge to the prospective bidders information as to who purchased bidding documents, though I do not want to put malice on their being persistent at times for whatever reasons they have in mind, the BAC Sec should stand firm to never give infos with regards to this. To sir Jcolas, thanks also for reminding me about Section 33.1. Smile although my querie does not fall on that act, just the same, thanks..By the way, I belong to a female gender, sir Jcolas. Smile have a nice day everyone!

Smile Smile Smile Smile Smile
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Re: divulging list of prospective bidders

Post by sunriser431 on Wed Oct 21, 2009 1:45 pm

chris wrote:Good Day!


I just would like to ask whether the BAC or BAC Secretariat for that matter is allowed to divulge whenever asked by the prospective suppliers, list of bidders who bought bidding documents. We normally answered "several suppliers/bidders" was able to buy. But there are those who are persistent to know the list. Is this allowed? thanks. I know this is petty matter but I need your opinion. Thanks again.
In my opinion, we have to review first the Philgeps users guide volume 2 (for Buyers and Buyers Coordinator)
If the potential suppliers/Bidders is Philgeps registered or not , It will not cause any problem, because in the IAEB whether it is active or not, the Document Request List can be seen, as to the number of bidders who ordered the Bid documents. bounce So in effect the potential bidder have a general idea as to the numbers of bidders who wanted to participate in that particular bid. on the other hand if he wanted to know "Who" bought as it appears in the Bidders list, I think that would be another story. Maybe your guess is good as mine. cheers
What is the difference between a Bidders List and a Document Request List?
The Document Request List is the list of suppliers who ordered electronic and non-electronic documents attached to a bid notice posted by a procuring entity.
The Bidders List is the list of suppliers who submit bid proposal for a particular bid notice. The list of suppliers in the Bidders List could be derived from the Document Request List.
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Re: divulging list of prospective bidders

Post by mealigan on Thu Oct 22, 2009 12:15 am

While seemingly there may be no malice at all in asking who purchased the bidding documents, in reality, bidders especially in infra, talk to one another about their bids. While collusion is very hard to prove as we have experienced, bidders try to buy out their competitors. Another practice is the reimbursement of expenses incurred by competing bidder so that he will not submit his bid. If BAC does not check who submitted bids and who did not and does not call attention of the bidder who did not submit, it will be at a losing end. Sometimes, from a bidder's point of view, it pays to know who your competitors are,; that's why they ask the list of bidders who bought bid docs. Out of propriety, BAC should not divulge the list. Bidders, however, will always have a way of knowing who bought bid docs.

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Re: divulging list of prospective bidders

Post by chris on Thu Oct 22, 2009 9:37 am

Let the bidders find a way to know who bought bid docs, but jsut make sure the info should not come from the BAC or BAC Sec itself. We do not really know their agenda for asking.
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Re: divulging list of prospective bidders

Post by mbdr on Thu Oct 22, 2009 11:18 am

gdam to all!

There was one time in our office, (an hour before the bidding time) one supplier came and asked kung elan na ba ang nakabili ng bid docs. My office mate answered wala pa.. What happened is....bili siya kaagad ng bid docs at nanalo (as lone bidder) which price same with ABC.

With this scenario sirs, parang walang bidding , right? Nag take advantage and supplier because he knew that hes is the only bidder .

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