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Post Disqualification Procedures

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Post Disqualification Procedures

Post by leighzapanta on Fri Feb 12, 2010 3:22 pm

Good afternoon everyone...

I would like to consult if it is possible to request for a re-bid if the procuring entity failed to follow the rules on SEc 34 of the IRR of RA9184.


Please advise.

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Re: Post Disqualification Procedures

Post by Guest on Fri Feb 12, 2010 3:35 pm

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:
b) If the BAC is found to have failed in following the prescribed bidding procedures;

You could nothing in the rules forbid you in doing so however it is the Procuring entity who has the the power and the responsibility to justify such request.

Just take note you cannot compel the BAC to declare failure of bidding or compel the PE to reject any and all bids, declare a failure of bidding, or not award the contract.

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Re: Post Disqualification Procedures

Post by leighzapanta on Fri Feb 12, 2010 3:41 pm

The scenario is we learned that the procurement entity awarded the the contract to the highest bidder. After the bid opening, we were determined the lowest bidder for this project .

According to the Section 34. of IRR of 9184 (as amended) Objective and Process of Post Qualification states that :

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.


We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.


Please advise us.


Thanks a lot.

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Re: Post Disqualification Procedures

Post by Guest on Fri Feb 12, 2010 3:55 pm

You could call the GPPB TSO for recommendations.
Tel. No. 9006741

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Re: Post Disqualification Procedures

Post by RDV @ GP3i on Fri Feb 12, 2010 4:33 pm

leighzapanta wrote:The scenario is we learned that the procurement entity awarded the the contract to the highest bidder. After the bid opening, we were determined the lowest bidder for this project .

According to the Section 34. of IRR of 9184 (as amended) Objective and Process of Post Qualification states that :

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.


We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.


Please advise us.


Thanks a lot.

If your financial bid was the lowest when it was read, it could be that during bid evaluation corrections were made in your financial bid and/or that of your competitors. If after evaluation, you were no longer the LCB, post-qualification will be done only on the LCB (not your company), unless the LCB was post-disqualified. A written notice of post-disqualification will be sent to the post-disqualified bidder, but since it could no longer be your company you did not receive such a written notice. You should however have received a notice as a losing bidder after the BAC has determined the LCRB as soon as or simultaneous with its recommendation for the award of contract to the LCRB. It would have given you the opportunity to file a motion for reconsideration, if you deem it fit.

Since you were not afforded that opportunity to file an MR, an option to raise the issue to the proper court of law could be in order. If, however, no award has yet been made, you may still raise the issue to the HOPE to inform the latter that the BAC failed to follow the required bidding procedure and hope that the HOPE will declare a failure of bidding in accordance with Sec. 41 so that a rebid could be made.
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Re: Post Disqualification Procedures

Post by charlie brown on Fri Feb 12, 2010 7:11 pm

RDV wrote:
leighzapanta wrote:The scenario is we learned that the procurement entity awarded the the contract to the highest bidder. After the bid opening, we were determined the lowest bidder for this project .

According to the Section 34. of IRR of 9184 (as amended) Objective and Process of Post Qualification states that :

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.


We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.


Please advise us.


Thanks a lot.

If your financial bid was the lowest when it was read, it could be that during bid evaluation corrections were made in your financial bid and/or that of your competitors. If after evaluation, you were no longer the LCB, post-qualification will be done only on the LCB (not your company), unless the LCB was post-disqualified. A written notice of post-disqualification will be sent to the post-disqualified bidder, but since it could no longer be your company you did not receive such a written notice. You should however have received a notice as a losing bidder after the BAC has determined the LCRB as soon as or simultaneous with its recommendation for the award of contract to the LCRB. It would have given you the opportunity to file a motion for reconsideration, if you deem it fit.

Since you were not afforded that opportunity to file an MR, an option to raise the issue to the proper court of law could be in order. If, however, no award has yet been made, you may still raise the issue to the HOPE to inform the latter that the BAC failed to follow the required bidding procedure and hope that the HOPE will declare a failure of bidding in accordance with Sec. 41 so that a rebid could be made.

I think ive made some observations in a separate topic that dealt with when the next lowest bidder will be notified that it failed or lost in the bidding. if we look closely at the IRR and the GPM there is no mention of such a notice to the next lowest bidder who was not considered for post qualification - even when the LCRB has already been determined. this is because so many things could still happen between the issuance of the NOA up to the signing and perfection of the contract. Should there be a problem with the LCRB within those critical periods the PE will still have as "spare" or back-up the next lowest bidder for possible post qualification.

As a bidder who was the LCB after the bid opening but before the detailed evaluation - but did not receive the notice that he was the LCB - this could raise some serious doubts especially when the BAC did not explain fully the ramifications of the detailed evaluation on the Abstract As Read. And as i mentioned, the only time the bidder who was the LCB before the detailed evaluation would know that he was not the one post qualified is when he will not receive a notice for the submission of the additional requirements for post qualification - or worse- only when the sees the posted NOA to another bidder.

But in any case section 55.1 allows the said bidder to still file a MR at any stage of the procurement process but it added that only "upon receipt of written n otice or verbal notification..." To me this is a bit ambiguous considering that as i mentioned above the bidder who thought that he was the LCB (but ultimately was not) will not actually receive any notice of disqualification until after he fails in a post qualification.

perhaps this needs to be clarified by GPPB. In the meantime, i think the bidder could interpret SECTION 55.1 liberally and still file the MR if he feels that there was something wrong with the issuance of the NOA to another bidder. On the part of the PE, perhaps it would be prudent to issue some kind of a letter updating the other bidders on the line (from the next lowest to the highest in the Abstract of Bids as read) on the status of the bidding process so these bidders could decide whther to file a MR or not.
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Re: Post Disqualification Procedures

Post by RDV @ GP3i on Sat Feb 13, 2010 7:59 am

charlie brown wrote:
RDV wrote:
leighzapanta wrote:The scenario is we learned that the procurement entity awarded the the contract to the highest bidder. After the bid opening, we were determined the lowest bidder for this project .

According to the Section 34. of IRR of 9184 (as amended) Objective and Process of Post Qualification states that :

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.


We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.


Please advise us.


Thanks a lot.

If your financial bid was the lowest when it was read, it could be that during bid evaluation corrections were made in your financial bid and/or that of your competitors. If after evaluation, you were no longer the LCB, post-qualification will be done only on the LCB (not your company), unless the LCB was post-disqualified. A written notice of post-disqualification will be sent to the post-disqualified bidder, but since it could no longer be your company you did not receive such a written notice. You should however have received a notice as a losing bidder after the BAC has determined the LCRB as soon as or simultaneous with its recommendation for the award of contract to the LCRB. It would have given you the opportunity to file a motion for reconsideration, if you deem it fit.

Since you were not afforded that opportunity to file an MR, an option to raise the issue to the proper court of law could be in order. If, however, no award has yet been made, you may still raise the issue to the HOPE to inform the latter that the BAC failed to follow the required bidding procedure and hope that the HOPE will declare a failure of bidding in accordance with Sec. 41 so that a rebid could be made.

I think ive made some observations in a separate topic that dealt with when the next lowest bidder will be notified that it failed or lost in the bidding. if we look closely at the IRR and the GPM there is no mention of such a notice to the next lowest bidder who was not considered for post qualification - even when the LCRB has already been determined. this is because so many things could still happen between the issuance of the NOA up to the signing and perfection of the contract. Should there be a problem with the LCRB within those critical periods the PE will still have as "spare" or back-up the next lowest bidder for possible post qualification.

As a bidder who was the LCB after the bid opening but before the detailed evaluation - but did not receive the notice that he was the LCB - this could raise some serious doubts especially when the BAC did not explain fully the ramifications of the detailed evaluation on the Abstract As Read. And as i mentioned, the only time the bidder who was the LCB before the detailed evaluation would know that he was not the one post qualified is when he will not receive a notice for the submission of the additional requirements for post qualification - or worse- only when the sees the posted NOA to another bidder.

But in any case section 55.1 allows the said bidder to still file a MR at any stage of the procurement process but it added that only "upon receipt of written n otice or verbal notification..." To me this is a bit ambiguous considering that as i mentioned above the bidder who thought that he was the LCB (but ultimately was not) will not actually receive any notice of disqualification until after he fails in a post qualification.

perhaps this needs to be clarified by GPPB. In the meantime, i think the bidder could interpret SECTION 55.1 liberally and still file the MR if he feels that there was something wrong with the issuance of the NOA to another bidder. On the part of the PE, perhaps it would be prudent to issue some kind of a letter updating the other bidders on the line (from the next lowest to the highest in the Abstract of Bids as read) on the status of the bidding process so these bidders could decide whther to file a MR or not.

Sec. 37.1.2 of the revised IRR, provides as follows: "Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of the BAC, the HOPE shall approve or disapprove the said recommendation...Within the same period provided herein, the BAC shall notify all losing bidders of its decision."

As far as I see it, there is an opportunity available to the losing bidder to file an MR prior to the issuance of a NOA. It is always prudent that the NOA be issued after the lapse of 3 c.d. after receipt of all notifications, so that the procuring entity is on the safe side. At any rate, the succeeding section (37.1.3) provides that (in case of approval), the HOPE shall "immediately" issue a NOA to the bidder with the LCRB/HRRB. The term "immediately," being a relative term, would still be complied with if the NOA is issued immediately after the lapse of a 3-day notification period to cover for any possible MR.
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Re: Post Disqualification Procedures

Post by riddler on Tue Feb 16, 2010 10:42 am

leighzapanta wrote:

"x x x x x'

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.

We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.

i stand to be corrected, but the underlined portion is not found in the amended IRR particulary on Sec. 34.1 on the filing of an MR's.

what if during the Bid Opening a bidder has been disqualified. when and what time is she/he going to file for an MR? 'seems that the new IRR is also silent about it.

If she/he would manifest not to file an MR, is the BAC allowed to return its 2nd envelope? Numerous discussions has been consumed on this particluar topic already, i hope malinawagan po ang BAC dito sa "To return or not to return?"

what if during the Post Qualification a bidder with the LCB, the BAC declared it as non-compliant of its eligibilty requirement, what notice shall we send, Is is a Notice of Ineligibility as evaluated or Notice of Post Disqualification? confused

What shall the BAC do now to the 2nd LCB, shall we sent a Notice of Postqualification as the 2nd LCB or LCB na mismo as indicated in the old form of the PBD's? Very Happy confused
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Re: Post Disqualification Procedures

Post by Niwram on Tue Feb 16, 2010 11:45 am

riddler wrote:
leighzapanta wrote:

"x x x x x'

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.

We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.

i stand to be corrected, but the underlined portion is not found in the amended IRR particulary on Sec. 34.1 on the filing of an MR's.

what if during the Bid Opening a bidder has been disqualified. when and what time is she/he going to file for an MR? 'seems that the new IRR is also silent about it.

If she/he would manifest not to file an MR, is the BAC allowed to return its 2nd envelope? Numerous discussions has been consumed on this particluar topic already, i hope malinawagan po ang BAC dito sa "To return or not to return?"

what if during the Post Qualification a bidder with the LCB, the BAC declared it as non-compliant of its eligibilty requirement, what notice shall we send, Is is a Notice of Ineligibility as evaluated or Notice of Post Disqualification? confused

What shall the BAC do now to the 2nd LCB, shall we sent a Notice of Postqualification as the 2nd LCB or LCB na mismo as indicated in the old form of the PBD's? Very Happy confused

1. The first underlined portion regarding the period for the conduct of the post qualification process was transferred to section 34.8 of the revised IRR.. while the second underlined provision regarding filing for MR were transferred to section 55.1..

2. As provided in section 55.1 Decisions of the BAC at any stage of the procurement process may be questioned by filing a request for reconsideration within the three (3) calendar days upon receipt of written notice or upon verbal notification. The BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed bidder signifies his intent to file a request for reconsideration, the BAC
shall keep the bid envelopes of the said failed bidder unopened and/or duly sealed
until such time that the request for reconsideration has been resolved.

3. if a bidder does not file a MR his/her the BAC shall immediately return the second envelope.

4. If a bidder with the LCB was declared non-compliant a notice of Post-Disqualification must be given under section 34.5 of the IRR..

5. Under Section 34.6 Immediately after the BAC has notified the first bidder of its post-disqualification, and notwithstanding any pending request for reconsideration thereof, the BAC shall initiate and complete the same post-qualification process on the bidder with the second Lowest Calculated Bid/Highest Rated Bid. If the second bidder passes the post-qualification, and provided that the request for reconsideration of the first
bidder has been denied, the second bidder shall be post-qualified as the bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid..
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Re: Post Disqualification Procedures

Post by Guest on Tue Feb 16, 2010 11:46 am

riddler wrote:If she/he would manifest not to file an MR, is the BAC allowed to return its 2nd envelope? Numerous discussions has been consumed on this particluar topic already, i hope malinawagan po ang BAC dito sa "To return or not to return?"

Section 55. Protests on Decisions of the BAC
55.1. Decisions of the BAC at any stage of the procurement process may be questioned by filing a request for reconsideration within the three (3) calendar days upon receipt of written notice or upon verbal notification. The BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof.
If a failed bidder signifies his intent to file a request for reconsideration, the BAC shall keep the bid envelopes of the said failed bidder unopened and/or duly sealed until such time that the request for reconsideration has been resolved.

The IRR is not silent it is provided in the Protest mechanism rule.

riddler wrote:If she/he would manifest not to file an MR, is the BAC allowed to return its 2nd envelope? Numerous discussions has been consumed on this particluar topic already, i hope malinawagan po ang BAC dito sa "To return or not to return?"

Pag tapos na ung bidding the Bidder may request for the return of the documents that was submitted by the losing bidder. read NPM 023-2009 and NPM 006-2007 (opinion lang)

riddler wrote:what if during the Post Qualification a bidder with the LCB, the BAC declared it as non-compliant of its eligibilty requirement, what notice shall we send, Is is a Notice of Ineligibility as evaluated or Notice of Post Disqualification

A simple notice will suffice with the grounds of disqualification. (opinion lang)

riddler wrote:What shall the BAC do now to the 2nd LCB, shall we sent a Notice of Postqualification as the 2nd LCB or LCB na mismo as indicated in the old form of the PBD's?

Yes. LCB na po kasi disqualified na ung lowest e, technically sya na ung lowest (opinion lang)

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Re: Post Disqualification Procedures

Post by riddler on Tue Feb 16, 2010 11:57 am

yeow! thanks very much guys.. Very Happy
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Re: Post Disqualification Procedures

Post by Berna on Tue Feb 16, 2010 3:33 pm

Di ba po lowest calculated bid does not necessarily mean that its the lowest calculated and responsive bid?

Naisip ko lang...
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Re: Post Disqualification Procedures

Post by Niwram on Tue Feb 16, 2010 4:14 pm

Yes that's right Ms. Bernadette It is found under Rule X of the Revised IRR..
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Re: Post Disqualification Procedures

Post by riddler on Tue Feb 16, 2010 4:33 pm

Niwram wrote:

" x x x x x x x .
3. if a bidder does not file a MR his/her the BAC shall immediately return the second envelope.
x x x x x x x.


pardon me again, Embarassed i really cannot find the above clause in the new IRR, hinanap ko din sa non policy opinion na ibinigay ni pritong kandule parang wala din ata. Rolling Eyes confused
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Re: Post Disqualification Procedures

Post by engrjhez® on Tue Feb 16, 2010 5:15 pm

riddler wrote:
Niwram wrote:

" x x x x x x x .
3. if a bidder does not file a MR his/her the BAC shall immediately return the second envelope.
x x x x x x x.


pardon me again, Embarassed i really cannot find the above clause in the new IRR, hinanap ko din sa non policy opinion na ibinigay ni pritong kandule parang wala din ata. Rolling Eyes confused

Parang wala nga sa rules yun. Let us quote the nearest possible match: (Sec.55.1)

55.1. Decisions of the BAC at any stage of the procurement process may be questioned by
filing a request for reconsideration within the three (3) calendar days upon receipt of
written notice or upon verbal notification. The BAC shall decide on the request for
reconsideration within seven (7) calendar days from receipt thereof.

If a failed bidder signifies his intent to file a request for reconsideration, the BAC
shall keep the bid envelopes of the said failed bidder unopened and/or duly sealed
until such time that the request for reconsideration has been resolved.

Alam ko, we can only return the envelopes with the bid securities after the failed bidder signifies no intention to file a RFR thru a "waiver". That is in accordance with Sec.27.4

27.4. Without prejudice to the provisions of the Act and this IRR on the forfeiture of bid
securities, bid securities shall be returned only after the bidder with the Lowest
Calculated Responsive Bid or Highest Rated Responsive Bid, as the case may be, has
signed the contract and furnished the performance security, except to those declared
by the BAC as failed or post-disqualified in accordance with this IRR, upon
submission of a written waiver of their right to file a motion for reconsideration
and/or protest.

Please clarify.Very Happy
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Re: Post Disqualification Procedures

Post by charlie brown on Tue Feb 16, 2010 5:44 pm

riddler wrote:
Niwram wrote:

" x x x x x x x .
3. if a bidder does not file a MR his/her the BAC shall immediately return the second envelope.
x x x x x x x.


pardon me again, Embarassed i really cannot find the above clause in the new IRR, hinanap ko din sa non policy opinion na ibinigay ni pritong kandule parang wala din ata. Rolling Eyes confused

perhaps you can try page 52 item 5 of the old GPM vol 2 (portions or which are still relevant) or you mayrefer to clause 24.7 of the PBD for Goods although it is stated the other way (i.e. if failed bidder signifies intent to file MR then BAC shall keep bid envelopes unopened
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Re: Post Disqualification Procedures

Post by charlie brown on Tue Feb 16, 2010 6:18 pm

RDV wrote:
charlie brown wrote:
RDV wrote:
leighzapanta wrote:The scenario is we learned that the procurement entity awarded the the contract to the highest bidder. After the bid opening, we were determined the lowest bidder for this project .

According to the Section 34. of IRR of 9184 (as amended) Objective and Process of Post Qualification states that :

34.1. Within seven (7) calendar days from the determination of Lowest Calculated, the BAC shall conduct and accomplish a post-qualification of the bidder with the Lowest Calculated Bid, to determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents, in which case the said bidder’s bid shall be considered and declared as the “Lowest Calculated Responsive Bid” for the procurement of goods and infrastructure projects, or the “Highest Rated Responsive Bid” for the procurement of consulting services. In exceptional cases, the post qualification period may be extended by the head of the procuring entity, but in no case shall the aggregate period exceed thirty (30) calendar days.

34.4. If, however, the BAC determines that the bidder with the Lowest Calculated Bid fails the criteria for post qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it. The post disqualified bidder shall have three (3) calendar days from receipt of the said notification to request from the BAC, if it so wishes, a reconsideration of this decision.The BAC shall evaluate the request for reconsideration, if any, using the same non-discretionary criteria, and shall issue its final determination of the said request within seven (7) calendar days from receipt thereof.


We have not received any post-disqualification notice as mandated to be able to answer BAC clarifications and for the grounds of your evaluation which most Government Offices practices.

We have known also that the highest bidder was granted to answer your clarifications. As we had understood on the RA9184, our company should have been the first one to asked for clarifications and given the chance to be evaluated for reconsideration before the BAC made its final decision.


Please advise us.


Thanks a lot.

If your financial bid was the lowest when it was read, it could be that during bid evaluation corrections were made in your financial bid and/or that of your competitors. If after evaluation, you were no longer the LCB, post-qualification will be done only on the LCB (not your company), unless the LCB was post-disqualified. A written notice of post-disqualification will be sent to the post-disqualified bidder, but since it could no longer be your company you did not receive such a written notice. You should however have received a notice as a losing bidder after the BAC has determined the LCRB as soon as or simultaneous with its recommendation for the award of contract to the LCRB. It would have given you the opportunity to file a motion for reconsideration, if you deem it fit.

Since you were not afforded that opportunity to file an MR, an option to raise the issue to the proper court of law could be in order. If, however, no award has yet been made, you may still raise the issue to the HOPE to inform the latter that the BAC failed to follow the required bidding procedure and hope that the HOPE will declare a failure of bidding in accordance with Sec. 41 so that a rebid could be made.

I think ive made some observations in a separate topic that dealt with when the next lowest bidder will be notified that it failed or lost in the bidding. if we look closely at the IRR and the GPM there is no mention of such a notice to the next lowest bidder who was not considered for post qualification - even when the LCRB has already been determined. this is because so many things could still happen between the issuance of the NOA up to the signing and perfection of the contract. Should there be a problem with the LCRB within those critical periods the PE will still have as "spare" or back-up the next lowest bidder for possible post qualification.

As a bidder who was the LCB after the bid opening but before the detailed evaluation - but did not receive the notice that he was the LCB - this could raise some serious doubts especially when the BAC did not explain fully the ramifications of the detailed evaluation on the Abstract As Read. And as i mentioned, the only time the bidder who was the LCB before the detailed evaluation would know that he was not the one post qualified is when he will not receive a notice for the submission of the additional requirements for post qualification - or worse- only when the sees the posted NOA to another bidder.

But in any case section 55.1 allows the said bidder to still file a MR at any stage of the procurement process but it added that only "upon receipt of written n otice or verbal notification..." To me this is a bit ambiguous considering that as i mentioned above the bidder who thought that he was the LCB (but ultimately was not) will not actually receive any notice of disqualification until after he fails in a post qualification.

perhaps this needs to be clarified by GPPB. In the meantime, i think the bidder could interpret SECTION 55.1 liberally and still file the MR if he feels that there was something wrong with the issuance of the NOA to another bidder. On the part of the PE, perhaps it would be prudent to issue some kind of a letter updating the other bidders on the line (from the next lowest to the highest in the Abstract of Bids as read) on the status of the bidding process so these bidders could decide whther to file a MR or not.

Sec. 37.1.2 of the revised IRR, provides as follows: "Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of the BAC, the HOPE shall approve or disapprove the said recommendation...Within the same period provided herein, the BAC shall notify all losing bidders of its decision."

As far as I see it, there is an opportunity available to the losing bidder to file an MR prior to the issuance of a NOA. It is always prudent that the NOA be issued after the lapse of 3 c.d. after receipt of all notifications, so that the procuring entity is on the safe side. At any rate, the succeeding section (37.1.3) provides that (in case of approval), the HOPE shall "immediately" issue a NOA to the bidder with the LCRB/HRRB. The term "immediately," being a relative term, would still be complied with if the NOA is issued immediately after the lapse of a 3-day notification period to cover for any possible MR.

yes there is a 'Notification of Bidding Results" (downloadable form before) which the BAC sends to all the other bidders after the HOPE approves the recommendation of the Award. However, the info contained in this document is similar to what will be found in the NOA. there is no mention of the status of their individual bids as calculated. it was my fault that i was not able to articulate the same. what is perhaps needed by the "losing bidder" ( i dont think this is accurate as yet at this particular point of the bidding process as there is still a chance that the LCRB will not be able to finally secure the contract in which case the PE will have to initiate post qualification of the next LCB) is a sort of a status report that would explain why the did not become the LCB after the detailed evaluation. perhaps this could minimize the compulsion of the losing bidder to file a MR.
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Re: Post Disqualification Procedures

Post by riddler on Wed Feb 17, 2010 12:45 pm

query po. papano kung the 1st LCB who was declared as failure during the Post Qual filed an MR and denied by the BAC, then files another 2nd MR again and consequently denied by the BAC,,, would the BAC still entertain a 3rd MR?

when will BAC say" it's over"? Or when will the Bidder stop saying "it ain't over until its over"?
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Re: Post Disqualification Procedures

Post by Guest on Wed Feb 17, 2010 12:52 pm

One MR is enough the proper remedy is to file a protest. (MR is only filed once)
for example
OPENING OF BIDS
Bidder A was disqualified during opening of bid then BAC denied the proper remedy is to file a Protest.
POST QUALIFICATION
If the protest was resolved infavor of bidder A and he was declared as the LCB but disqualified during post qualification. BIdder A can again file another MR to the BAC if denied file a protest.
BUT TECHNICALLY MR IS FILED ONLY ONCE

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Re: Post Disqualification Procedures

Post by Niwram on Wed Feb 17, 2010 2:03 pm

In my opinion MR shall be filed only once. because under section 55.2 after the MR was denied the only remedy of the bidder is to file a protest regarding the decision of the BAC which must be in writing to the HOPE.
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Re: Post Disqualification Procedures

Post by riddler on Wed Feb 17, 2010 4:26 pm

Pritong Kandule wrote:One MR is enough the proper remedy is to file a protest. (MR is only filed once)
for example
OPENING OF BIDS
Bidder A was disqualified during opening of bid then BAC denied the proper remedy is to file a Protest.
POST QUALIFICATION
If the protest was resolved infavor of bidder A and he was declared as the LCB but disqualified during post qualification. BIdder A can again file another MR to the BAC if denied file a protest.
BUT TECHNICALLY MR IS FILED ONLY ONCE

Niwram wrote:In my opinion MR shall be filed only once. because under section 55.2 after the MR was denied the only remedy of the bidder is to file a protest regarding the decision of the BAC which must be in writing to the HOPE.

nice shot guys! thanks.. Very Happy follow up ulit, what if the Bidder/s is so makulit (supported by its overzealous lawyer) and file an MR again to the same issue, would it be safe for the BAC not answer the MR? Or shall the BAC advice/reply him/her to refer his/her motion/protest to the HOPE in acordance with the blah blah blah of the new IRR? Very Happy
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Re: Post Disqualification Procedures

Post by Guest on Wed Feb 17, 2010 4:31 pm

This is not the same with court proceedings na pwede kang mag motion ng mag motion, 1 motion lng pag denied ung motion protest na agad. Pag makulet refer nyo sila sa protest mechanism tapos pag may tanung sila patawagin nyo sa GPPB.

Pag motion sila ng motion sagutin nyo nlng ung mga succeeding motions ng formal letter suggesting na protest na ang next step nila after MR.

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Re: Post Disqualification Procedures

Post by riddler on Wed Feb 17, 2010 4:44 pm

Pritong Kandule wrote:This is not the same with court proceedings na pwede kang mag motion ng mag motion, 1 motion lng pag denied ung motion protest na agad. Pag makulet refer nyo sila sa protest mechanism tapos pag may tanung sila patawagin nyo sa GPPB.

Pag motion sila ng motion sagutin nyo nlng ung mga succeeding motions ng formal letter suggesting na protest na ang next step nila after MR.

ok thanks pritong kandule.. sana hindi na kaso ang magging kasunod nito. Very Happy Very Happy hirap talaga buhay sa BAC. Sad
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Re: Post Disqualification Procedures

Post by Guest on Wed Feb 17, 2010 4:48 pm

pag kinasuhan ka pwede ka mag avail ng free legal assistance under the revised IRR or RA 9184

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Re: Post Disqualification Procedures

Post by engrjhez® on Wed Feb 17, 2010 8:24 pm

Pritong Kandule wrote:pag kinasuhan ka pwede ka mag avail ng free legal assistance under the revised IRR or RA 9184

Ano naman kaya ikakaso? Just thinking... scratch
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