Class "A" / Certification of Eligibility

View previous topic View next topic Go down

Class "A" / Certification of Eligibility

Post by leighzapanta on Tue Dec 08, 2009 10:24 am

We have a concern regarding the old procurement method used by a government agency to which they are currently using for their last procurement event this year.

One of our competitor submitted the required SSRS and a Certificate of Eligibility from the Agency in lieu of Class A documents.

We are doubting and the BAC also if they are still required to submit the Statement of Not Blacklisted Certificate. Also, we are doubting if the said bidder submits it's Class "B" documents which are still necessary to pass the Eligibility Requirements.(Letter Authorizing the Bac, and Notarized Cert. of Authenticity)

Do we need to write a letter to the BAC to confirm if our competitor submitted their Class B document , or can we ask for the disqualification of the said bidder using the non-submission of the not Blacklisted Certificate. We believe such statement should be submitted because the last procurement organized by this agency was about six month ago ...

Please advise..

leighzapanta
New Member
New Member

Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by Guest on Tue Dec 08, 2009 10:56 am

The BAC shall have the following functions:
advertise and/or post the invitation to bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of bids, undertake post-qualification proceedings.

If during the procurement process the BAC fails to exercise their function you could write the BAC or the Head of the procuring entity to declare a failed bidding based on the reservation clause letter b.

1. Do we need to write a letter to the BAC to confirm if our competitor submitted their Class B document ?
Answer: No, Because you will receive the Bid Abstract which provides whether or not a bidder complied with all the documents under the Rules and regulations.

2. can we ask for the disqualification of the said bidder using the non-submission of the not Blacklisted Certificate?
Answer: No provision prohibits you to write to the procuring entity to disqualification during the bid evaluation stage. However it is the function of the BAC to disqualify a bidder if he neglect or failed to provide all requirements under the IRR. (See above provisions)

I hope this answer your question.

This opinion is based on the facts provided and under the IRRA

Guest
Guest


Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by leighzapanta on Tue Dec 08, 2009 11:03 am

If a Bidder submitted a Certificate of Eligibility from the procuring entity in lieu of the Class A Documents ...it exempts him/her form the submission of Not Blacklisted statement?
Please advise...

leighzapanta
New Member
New Member

Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by Guest on Tue Dec 08, 2009 11:12 am

leighzapanta wrote:If a Bidder submitted a Certificate of Eligibility from the procuring entity in lieu of the Class A Documents ...it exempts him/her form the submission of Not Blacklisted statement?
Please advise...

Section 23.1 provides that for purposes of determining the eligibility of bidders using the criteria stated inSection 23.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents.

Failure of a bidder to submit all the documents provided in the rules and regulations will render such bidder ineligible.

Here the bidder failed to file the documents hence he is deemed ineligible. The question of whether or not he is exempted is alsoo answered by the provision.

YOU CANNOT SUBMIT A CERTIFICATION IN LIEU OF WHAT IS REQUIRED BY THE PROVISIONS OF THE IMPLEMENTING RULES AND REGULATIONS PART A OF RA 9184.

HOWEVER UNDER THE GENERAL PROCUREMENT MANUALS

A prospective bidder which had submitted “Class A” documents in written form to the registry of such documents maintained by the BAC of the Procuring Entity and had kept such documents current and updated can submit:

1. A certification from the BAC of the Procuring Entity that it has a complete set of
updated “Class A” documents on file with the BAC,
2. Its Class “B” documents, and
3. Its certification under oath that each of the documents submitted in satisfaction of the
eligibility requirements is an authentic and original copy or a true and faithful
reproduction or copy of the original, complete and that all statements and information
provided therein are true and correct.

Therefore, he is not really exempted but he already filed it in advance.

Guest
Guest


Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by engrjhez® on Tue Dec 08, 2009 9:44 pm

leighzapanta,

Welcome to this forum!

May we know when this procurement took place? When was this first posted/advertised? Very Happy
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: Class "A" / Certification of Eligibility

Post by Guest on Wed Dec 09, 2009 8:39 am

engrjhez wrote:leighzapanta,

Welcome to this forum!

May we know when this procurement took place? When was this first posted/advertised? Very Happy

Sir engrjhez,

Let me answer that one for you I believe that the TS is governed by the old IRR because in the revised IRR no Letter of Authorizing the BAC is required in the Documents "B".

I`ll propably answer the same whether or not he/she is covered by the old or the revised IRR

Guest
Guest


Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by leighzapanta on Wed Dec 09, 2009 11:16 am

The original invitation started June of this year, after our so many arguments with BAC regarding their posted specifications which we believed refers to a particular supplier, three (3) pre-bid conferences was made until all issues are all clear (but they stick to the same specs anyway ), final bid schedule was made and the bids was opened this 2nd day of December using the old documents we bought from them last June 2009. According to them they are not educated yet with the latest revision of the IRR, and that was the reason why they are using the old one. Now, the above scenarios occured because they issued Certificate of Eligibility to one supplier to which the basis of such certification was the previous bidding made also June of this year. We joined the said bidding also but we did not received such Certification. We are now in confusion if they are exempted to submit such statements like the Not Blacklisted Certificate, Letter Authorizing the BAC and Certificate of Authenticity.

leighzapanta
New Member
New Member

Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by Guest on Wed Dec 09, 2009 11:38 am

leighzapanta wrote:The original invitation started June of this year, after our so many arguments with BAC regarding their posted specifications which we believed refers to a particular supplier, three (3) pre-bid conferences was made until all issues are all clear (but they stick to the same specs anyway ), final bid schedule was made and the bids was opened this 2nd day of December using the old documents we bought from them last June 2009. According to them they are not educated yet with the latest revision of the IRR, and that was the reason why they are using the old one. Now, the above scenarios occured because they issued Certificate of Eligibility to one supplier to which the basis of such certification was the previous bidding made also June of this year. We joined the said bidding also but we did not received such Certification. We are now in confusion if they are exempted to submit such statements like the Not Blacklisted Certificate, Letter Authorizing the BAC and Certificate of Authenticity.

You can only receive a certification of eligibility if you request the BAC or the Procuring Entity to issue such certification.

Did you request a certification from the BAC or Procuring Entity?

The determination of which IRR will be used is the time when the ITB was posted.
Here, it was posted in june thus the old IRR should be used.

As i`ve said they are not exempted to submit Document A because they have already passed it in advance (provided it was kept current and updated), Document "B" should be submitted which include the Letter Authorizing the BAC.

See prior post for the documents that should be passed if a bidder has a Certification of eligibility.

Guest
Guest


Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by miyayi on Tue Feb 28, 2012 7:18 pm

hi! our coop officers were present at a bidding (for comfort room and car park concession) and the bidding continued despite the incomplete eligibility requirements of some bidders. doesn't this defeat the purpose of an eligibility check? are newly formed organizations (corp or coop) exempt from submitting certain requirements including (but not limited to) income tax returns (wala pa daw silang ifa-file kasi newly formed sila), tax clearances and other technical docs? thank you!

miyayi
New Member
New Member

Female Number of posts : 5
Company/Agency : BAMACO
Occupation/Designation : BoD
Registration date : 2012-02-26

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by sunriser431 on Tue Feb 28, 2012 10:21 pm

miyayi wrote:hi! our coop officers were present at a bidding (for comfort room and car park concession) and the bidding continued despite the incomplete eligibility requirements of some bidders. doesn't this defeat the purpose of an eligibility check? are newly formed organizations (corp or coop) exempt from submitting certain requirements including (but not limited to) income tax returns (wala pa daw silang ifa-file kasi newly formed sila), tax clearances and other technical docs? thank you!
For similar topic, use the LINK . Good luck bounce
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by miyayi on Tue Feb 28, 2012 10:47 pm

thank you for the reply! :-) not all of the bidders were coops. anyway, what i don't get is why the bidding process continued, despite the fact that some bidders didn't even get through the pass/fail criteria due to incomplete requirements. why were their financial proposal envelopes opened even if they clearly 'failed' the eligibility check? :-( bad!

miyayi
New Member
New Member

Female Number of posts : 5
Company/Agency : BAMACO
Occupation/Designation : BoD
Registration date : 2012-02-26

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by RDV @ GP3i on Wed Feb 29, 2012 8:18 am

miyayi wrote:hi! our coop officers were present at a bidding (for comfort room and car park concession) and the bidding continued despite the incomplete eligibility requirements of some bidders. doesn't this defeat the purpose of an eligibility check? are newly formed organizations (corp or coop) exempt from submitting certain requirements including (but not limited to) income tax returns (wala pa daw silang ifa-file kasi newly formed sila), tax clearances and other technical docs? thank you!

The answer in NO, they are not exempt. If they do no have tax returns, tax clearances or any other of the technical requirements, under the pass fail criteria, they should be declared fail for failing in at least one of the requirements. The financial proposal should never be opened.


Last edited by RDV @ GP3i on Wed Feb 29, 2012 9:34 am; edited 1 time in total
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by miyayi on Wed Feb 29, 2012 9:28 am

thank you! :-)

miyayi
New Member
New Member

Female Number of posts : 5
Company/Agency : BAMACO
Occupation/Designation : BoD
Registration date : 2012-02-26

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by RDV @ GP3i on Wed Feb 29, 2012 9:45 am

miyayi wrote:thank you! :-)

Welcome Smile
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by sunriser431 on Wed Feb 29, 2012 11:04 am

miyayi wrote:thank you for the reply! :-) not all of the bidders were coops. anyway, what i don't get is why the bidding process continued, despite the fact that some bidders didn't even get through the pass/fail criteria due to incomplete requirements. why were their financial proposal envelopes opened even if they clearly 'failed' the eligibility check? :-( bad!
Excerpt from Secton 35 of the Revised IRR. For your reference.
Section 35. Failure of Bidding
35.1. The BAC shall declare the bidding a failure when:
a) No bids are received;
b) All prospective bidders are declared ineligible;
c) All bids fail to comply with all the bid requirements or fail post-qualification, or, in the case of consulting services, there is no successful negotiation; or
d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated
Responsive Bid refuses, without justifiable cause, to accept the award of contract, and no award is made in accordance with Section 40 of the Act and this IRR.

You can also informed the HOPE and use section 41 particulary section 41(b) as reference.
Section 41. Reservation Clause
The Head of the Procuring Entity reserves the right to reject any and all bids, declare a
failure of bidding, or not award the contract in the following situations:
a) If there is prima facie evidence of collusion between appropriate public officers or
employees of the procuring entity, or between the BAC and any of the bidders, or if
the collusion is between or among the bidders themselves, or between a bidder and a
third party, including any act which restricts, suppresses or nullifies or tends to
restrict, suppress or nullify competition;
b) If the BAC is found to have failed in following the prescribed bidding procedures; or
c) For any justifiable and reasonable ground where the award of the contract will not
redound to the benefit of the GOP, as follows: (i) if the physical and economic
conditions have significantly changed so as to render the project no longer
economically, financially, or technically feasible, as determined by the Head of the
Procuring Entity; (ii) if the project is no longer necessary as determined by the Head
of the Procuring Entity; and (iii) if the source of funds for the project has been
withheld or reduced through no fault of the procuring entity.
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by brunomars on Thu Mar 22, 2012 6:42 pm

In relation to the query above, I would like to ask if the revised IRR 9184 allow for the submission of Certified True Copy of the the following eligibility requirements: DTI Permit, Mayor's Permit and Audited Financial Statements? This is in consideration of the fact that the proponent submitted a duly notarized omnibus sworn statement attesting that the documents are authentic.
avatar
brunomars
New Member
New Member

Male Number of posts : 30
Company/Agency : Marawi Motors
Occupation/Designation : Owner
Registration date : 2011-12-10

Back to top Go down

Re: Class "A" / Certification of Eligibility

Post by engrjhez® on Fri Mar 23, 2012 1:10 am

brunomars wrote:In relation to the query above, I would like to ask if the revised IRR 9184 allow for the submission of Certified True Copy of the the following eligibility requirements: DTI Permit, Mayor's Permit and Audited Financial Statements? This is in consideration of the fact that the proponent submitted a duly notarized omnibus sworn statement attesting that the documents are authentic.


Only copies (whether certified or not) are to be submitted, whether for registry or for bid submission. For application for registry, certified copies may be required but it may prove to be irrelevant as the process of registration is not mandatory. For bid submissions, the Omnibus Sword Statement already covers the authenticity of the documents and that they are "faithful reproduction of the originals". Smile
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: Class "A" / Certification of Eligibility

Post by brunomars on Fri Mar 23, 2012 2:29 pm

Thanks very much engrjhez Very Happy
avatar
brunomars
New Member
New Member

Male Number of posts : 30
Company/Agency : Marawi Motors
Occupation/Designation : Owner
Registration date : 2011-12-10

Back to top Go down

Re: Class "A" / Certification of Eligibility

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