pls help re: new rulings!

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pls help re: new rulings!

Post by prinsesa on Fri Feb 27, 2009 2:03 pm

one our suppliers commented that may lumabas na daw na rulings na pede ng indi magpasa ng eligibility reuirements, as long as ng join sa 1 biddings, tapos makakahingi na daw ng certification from the BAC kasi may copy na ang BAC para ma avoid un bulk na ipinapasang docs??? pls help wer can i find that rulings

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Re: pls help re: new rulings!

Post by RDV @ GP3i on Fri Feb 27, 2009 5:29 pm

The same provision under Sec. 23.6 of IRR-A which I also quoted in answer to your other post, as follows:

Sec. 23.6
To facilitate eligibility checking, the BAC of a procuring entity may maintain a file
of the foregoing Class “A” documents
submitted by manufacturers, suppliers,
distributors and contractors for non-common goods and/or for infrastructure
projects, as may be applicable. When such file is required by the procuring
entity, a manufacturer, supplier, distributor or contractor who wishes to
participate in a public bidding for non-common goods and/or infrastructure
projects should maintain this file current and updated at least once a year, or
more frequently when needed. A manufacturer, supplier, distributor or
contractor who maintains a current and updated file of his Class “A” documents
will be issued a certification by the BAC to that effect, which certification may be
submitted to the procuring entity concerned in lieu of the foregoing Class “A”
documents
.
"
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Re: pls help re: new rulings!

Post by misty on Wed Jun 10, 2009 4:27 pm

still on eligibility and bidding, in the Manual of Procedures for LGUs, bid docs may be issued until before the deadline of submission of bids. but i've seen IAEBs which limit the issuance of bid docs until before the pre bid conference. still, others require the bidders to buy bid docs first before they can attend the prebid conference. can these really be done without any liability on the part of bac? what is the remedy of the bidder so he can buy the bid docs?

another thing, can the procuring entity require that the the bidder be already in existence for 3 years since 50% largest contract within the last 3 years is also required?
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Re: pls help re: new rulings!

Post by engrjhez® on Thu Jun 11, 2009 11:01 am

misty wrote:still on eligibility and bidding, in the Manual of Procedures for LGUs, bid docs may be issued until before the deadline of submission of bids. but i've seen IAEBs which limit the issuance of bid docs until before the pre bid conference. still, others require the bidders to buy bid docs first before they can attend the prebid conference. can these really be done without any liability on the part of bac? what is the remedy of the bidder so he can buy the bid docs?
RA.9184 does not make this kind of distinction. The only limitation is for infra and consulting services, wherein only declared eligible shall be allowed to purchase them. But even "last two minutes" before the deadline and the qualified bidder wants to purchase bidding documents, let them be. But as to restrict the right to purchase, on allowed periods, a violation is committed.

misty wrote:another thing, can the procuring entity require that the the bidder be already in existence for 3 years since 50% largest contract within the last 3 years is also required?
This may be allowed depending on the criteria of the procuring entity. The law only provides minimum criteria, and that anything higher than such determined is not prohibited.

Very Happy
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Re: pls help re: new rulings!

Post by RDV @ GP3i on Sat Jun 13, 2009 11:54 am

misty wrote:still on eligibility and bidding, in the Manual of Procedures for LGUs, bid docs may be issued until before the deadline of submission of bids. but i've seen IAEBs which limit the issuance of bid docs until before the pre bid conference. still, others require the bidders to buy bid docs first before they can attend the prebid conference. can these really be done without any liability on the part of bac? what is the remedy of the bidder so he can buy the bid docs?
While there is a provision in the IRR which states that the bidding documents should be made available to prospective bidders until before the deadline for the submission of bids, Sec. 17.5 of IRR-A also mandates the procuring entity that "Prospective bidders shall be given ample time to examine the bidding documents and to prepare their respective bids." And in order to balance these requirements, it would not be violative if the IAEB sets a limit in the issuance of bid docs. How can a bidder possibly examine the bidding docs and prepare its bid, if that bidder only purchase the bid docs the day before the deadline for the submission of bids?

The bid docs, however, should already be ready for issuance on the first day of advertising and posting. The requirement to buy bid docs before the pre-bid conference does not necessarily make the BAC liable. It is usually done by some BACs to screen out those who are not really interested in joining, but would only attend the pre-bid for some other "reasons" and possible considerations.

At any rate, once the new IRR comes out, there is a proposed provision that bidding documents shall already be made available for download from the PhilGEPS at the time of posting, but those interested to participate will still have to pay for the bid docs when they submit their bids.

misty wrote:another thing, can the procuring entity require that the the bidder be already in existence for 3 years since 50% largest contract within the last 3 years is also required?
The procuring entity is given the option to set the minimum experience of a prospective bidder, such as 3 years. You can infer this from reading the provision of Sec. 23.11.1.2 of IRR-A, which I partly quote, as follows:

"The prospective bidder must have an experience of having completed within the period specified in the IAEB concerned a single contract that is similar to the contract to be bid, and whose value..., must be at least fifty percent (50%) of the ABC to be bid."
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Re: pls help re: new rulings!

Post by engrjhez® on Sat Jun 13, 2009 12:48 pm

RDV wrote:
While there is a provision in the IRR which states that the bidding documents should be made available to prospective bidders until before the deadline for the submission of bids, Sec. 17.5 of IRR-A also mandates the procuring entity that "Prospective bidders shall be given ample time to examine the bidding documents and to prepare their respective bids." And in order to balance these requirements, it would not be violative if the IAEB sets a limit in the issuance of bid docs. How can a bidder possibly examine the bidding docs and prepare its bid, if that bidder only purchase the bid docs the day before the deadline for the submission of bids?
By setting this kind of provision, it would be subjective on the part of procuring entity to set the "gap" between the last day of issuance of bidding documents and the set deadline for submission. Will three (3) days be enough? Very Happy

RDV wrote:The bid docs, however, should already be ready for issuance on the first day of advertising and posting. The requirement to buy bid docs before the pre-bid conference does not necessarily make the BAC liable. It is usually done by some BACs to screen out those who are not really interested in joining, but would only attend the pre-bid for some other "reasons" and possible considerations.
Please correct me, but still this does not restrict others from purchasing bidding documents after the pre-bid, as the attendance of bidders themselves are not mandatory with that proceeding. Cool

RDV wrote:At any rate, once the new IRR comes out, there is a proposed provision that bidding documents shall already be made available for download from the PhilGEPS at the time of posting, but those interested to participate will still have to pay for the bid docs when they submit their bids.
If the Bidding Documents shall be made available for download, does this mean we can cease to make hard copies (printouts) of the same document, and that the bidder may produce their own printout for submission? Neutral
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