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Post Disqualification Procedure

Post by kiks on Wed Feb 17, 2010 10:48 pm

I would like to ask your opinion regarding my concerns. We joined a government bidding. We passed the technical and financial aspect of the bidding during the opening of the bids . After fifty calendar days, we received a post disqualification notice citing that we are not responsive bidder due to clause of 19.4 in the ITB where it says that every page of the bid should be signed. In the technical documents there are some pages that are not signed such as attachments to statement of ongoing and completed contracts ( invoices,contracts ). We filed a motion for reconsideration citing that clauses in the post qualification procedure that we should be evaluated based on the substance of clause 5,12,and 13 and not 19.4. And since they have considered us passed during the opening of bids, they are waiving whatever ruling on technicality such as signature on some pages on the technical documents. Cited also that BID refers to financial bid since the definition of BID in the IRR refers to proposal or tender. Added also, that 19.4 has been in the ITB in the previous bids, How come it is being implemented now where the definitions could only mean the financial proposal because of its definition in the IRR and the succeeding paragraphs where it says about erasures and alterations. We also cited that since we executed an notarized omnibus sworn statement stating that all the submitted documents are true , authentic and copy of the original, allowing any member of the procuring entity to verify all statements or documents is much more in significance rather than merely signature on the document.
I would like to ask if clause 19.4 has been in the ITB since its inception of RA 9184. And what is the real definition of that clause. I have been joining government biddings since 1997 and now that's the time that I encounter that they implement that ruling. Please enlightened me on this matter. Thank you.
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Re: Post Disqualification Procedure

Post by sunriser431 on Thu Feb 18, 2010 9:10 am

kiks wrote:I would like to ask your opinion regarding my concerns. We joined a government bidding. We passed the technical and financial aspect of the bidding during the opening of the bids . After fifty calendar days, we received a post disqualification notice citing that we are not responsive bidder due to clause of 19.4 in the ITB where it says that every page of the bid should be signed. In the technical documents there are some pages that are not signed such as attachments to statement of ongoing and completed contracts ( invoices,contracts ). We filed a motion for reconsideration citing that clauses in the post qualification procedure that we should be evaluated based on the substance of clause 5,12,and 13 and not 19.4. And since they have considered us passed during the opening of bids, they are waiving whatever ruling on technicality such as signature on some pages on the technical documents. Cited also that BID refers to financial bid since the definition of BID in the IRR refers to proposal or tender. Added also, that 19.4 has been in the ITB in the previous bids, How come it is being implemented now where the definitions could only mean the financial proposal because of its definition in the IRR and the succeeding paragraphs where it says about erasures and alterations. We also cited that since we executed an notarized omnibus sworn statement stating that all the submitted documents are true , authentic and copy of the original, allowing any member of the procuring entity to verify all statements or documents is much more in significance rather than merely signature on the document.
I would like to ask if clause 19.4 has been in the ITB since its inception of RA 9184. And what is the real definition of that clause. I have been joining government biddings since 1997 and now that's the time that I encounter that they implement that ruling. Please enlightened me on this matter. Thank you.

For similar topic try this link http://gppb.topicsolutions.net/competitive-bidding-f8/reformat-and-signing-of-bids-t200.htm
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Re: Post Disqualification Procedure

Post by Niwram on Thu Feb 18, 2010 10:29 am

kiks wrote:I would like to ask your opinion regarding my concerns. We joined a government bidding. We passed the technical and financial aspect of the bidding during the opening of the bids . After fifty calendar days, we received a post disqualification notice citing that we are not responsive bidder due to clause of 19.4 in the ITB where it says that every page of the bid should be signed. In the technical documents there are some pages that are not signed such as attachments to statement of ongoing and completed contracts ( invoices,contracts ). We filed a motion for reconsideration citing that clauses in the post qualification procedure that we should be evaluated based on the substance of clause 5,12,and 13 and not 19.4. And since they have considered us passed during the opening of bids, they are waiving whatever ruling on technicality such as signature on some pages on the technical documents. Cited also that BID refers to financial bid since the definition of BID in the IRR refers to proposal or tender. Added also, that 19.4 has been in the ITB in the previous bids, How come it is being implemented now where the definitions could only mean the financial proposal because of its definition in the IRR and the succeeding paragraphs where it says about erasures and alterations. We also cited that since we executed an notarized omnibus sworn statement stating that all the submitted documents are true , authentic and copy of the original, allowing any member of the procuring entity to verify all statements or documents is much more in significance rather than merely signature on the document.
I would like to ask if clause 19.4 has been in the ITB since its inception of RA 9184. And what is the real definition of that clause. I have been joining government biddings since 1997 and now that's the time that I encounter that they implement that ruling. Please enlightened me on this matter. Thank you.

Yes clause 19.4 was in the ITB since the inception of RA 9184.. the real definition of this is that, all documents that are submitted by the bidder shall be signed on each and every page..
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Re: Post Disqualification Procedure

Post by sunriser431 on Thu Feb 18, 2010 10:15 pm

kiks wrote:I would like to ask your opinion regarding my concerns. We joined a government bidding. We passed the technical and financial aspect of the bidding during the opening of the bids . After fifty calendar days, we received a post disqualification notice citing that we are not responsive bidder due to clause of 19.4 in the ITB where it says that every page of the bid should be signed. In the technical documents there are some pages that are not signed such as attachments to statement of ongoing and completed contracts ( invoices,contracts ). We filed a motion for reconsideration citing that clauses in the post qualification procedure that we should be evaluated based on the substance of clause 5,12,and 13 and not 19.4. And since they have considered us passed during the opening of bids, they are waiving whatever ruling on technicality such as signature on some pages on the technical documents. Cited also that BID refers to financial bid since the definition of BID in the IRR refers to proposal or tender. Added also, that 19.4 has been in the ITB in the previous bids, How come it is being implemented now where the definitions could only mean the financial proposal because of its definition in the IRR and the succeeding paragraphs where it says about erasures and alterations. We also cited that since we executed an notarized omnibus sworn statement stating that all the submitted documents are true , authentic and copy of the original, allowing any member of the procuring entity to verify all statements or documents is much more in significance rather than merely signature on the document.
I would like to ask if clause 19.4 has been in the ITB since its inception of RA 9184. And what is the real definition of that clause. I have been joining government biddings since 1997 and now that's the time that I encounter that they implement that ruling. Please enlightened me on this matter. Thank you.
Yup ever since the GPPB issued the First edition of the PBDs. The problem with most of the prospective bidders (as far our agency is concern), dont even bother to read carefully the contents of the PBDs, so the effect will be costly for them. In my opinion, this safety mechanism in place it will be for the good benefit for both the Bidders and the BAC. bounce
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Re: Post Disqualification Procedure

Post by Guest on Fri Feb 19, 2010 9:20 am

Maybe it is also proper to inform the bidders of the new provisions of the revised IRR to avoid problems in the future or encourage them to attend trainings and seminars.

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Re: Post Disqualification Procedure

Post by Niwram on Fri Feb 19, 2010 9:24 am

That's right pritong kandule training is the proper remedy for both the bidders and BAC to know the right bidding procedures and the contents of the PBDs..
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Re: Post Disqualification Procedure

Post by charlie brown on Fri Feb 19, 2010 2:29 pm

kiks wrote:I would like to ask your opinion regarding my concerns. We joined a government bidding. We passed the technical and financial aspect of the bidding during the opening of the bids . After fifty calendar days, we received a post disqualification notice citing that we are not responsive bidder due to clause of 19.4 in the ITB where it says that every page of the bid should be signed. In the technical documents there are some pages that are not signed such as attachments to statement of ongoing and completed contracts ( invoices,contracts ). We filed a motion for reconsideration citing that clauses in the post qualification procedure that we should be evaluated based on the substance of clause 5,12,and 13 and not 19.4. And since they have considered us passed during the opening of bids, they are waiving whatever ruling on technicality such as signature on some pages on the technical documents. Cited also that BID refers to financial bid since the definition of BID in the IRR refers to proposal or tender. Added also, that 19.4 has been in the ITB in the previous bids, How come it is being implemented now where the definitions could only mean the financial proposal because of its definition in the IRR and the succeeding paragraphs where it says about erasures and alterations. We also cited that since we executed an notarized omnibus sworn statement stating that all the submitted documents are true , authentic and copy of the original, allowing any member of the procuring entity to verify all statements or documents is much more in significance rather than merely signature on the document.
I would like to ask if clause 19.4 has been in the ITB since its inception of RA 9184. And what is the real definition of that clause. I have been joining government biddings since 1997 and now that's the time that I encounter that they implement that ruling. Please enlightened me on this matter. Thank you.

I would like to make a few observations based on the facts presented:
1. the post qualification period of 50 cd exceeded the aggregate maximum of 30 cd under section 34.8 of the IRR
2. the unsigned pages of the Bid should have been noticed during the preliminary examination where the BAC/twg checks the documents. lacking documents or incomplete or patently insufficient submisions shall be considered as failed (30.1)
3. while the TWG/BAC is given a wide latitude in the manner and conduct of the post qual section 34 provides a clear guide on how to conduct the same. Nowhere in the section does it mention that the BAC will check for initials in every page. While I am not saying it should not be done, I am pointing out that the post qual is supposed to be the more substantive portion of the evaluation.
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Re: Post Disqualification Procedure

Post by RDV @ GP3i on Fri Feb 19, 2010 5:32 pm

charlie brown wrote:
kiks wrote:I would like to ask your opinion regarding my concerns. We joined a government bidding. We passed the technical and financial aspect of the bidding during the opening of the bids . After fifty calendar days, we received a post disqualification notice citing that we are not responsive bidder due to clause of 19.4 in the ITB where it says that every page of the bid should be signed. In the technical documents there are some pages that are not signed such as attachments to statement of ongoing and completed contracts ( invoices,contracts ). We filed a motion for reconsideration citing that clauses in the post qualification procedure that we should be evaluated based on the substance of clause 5,12,and 13 and not 19.4. And since they have considered us passed during the opening of bids, they are waiving whatever ruling on technicality such as signature on some pages on the technical documents. Cited also that BID refers to financial bid since the definition of BID in the IRR refers to proposal or tender. Added also, that 19.4 has been in the ITB in the previous bids, How come it is being implemented now where the definitions could only mean the financial proposal because of its definition in the IRR and the succeeding paragraphs where it says about erasures and alterations. We also cited that since we executed an notarized omnibus sworn statement stating that all the submitted documents are true , authentic and copy of the original, allowing any member of the procuring entity to verify all statements or documents is much more in significance rather than merely signature on the document.
I would like to ask if clause 19.4 has been in the ITB since its inception of RA 9184. And what is the real definition of that clause. I have been joining government biddings since 1997 and now that's the time that I encounter that they implement that ruling. Please enlightened me on this matter. Thank you.

I would like to make a few observations based on the facts presented:
1. the post qualification period of 50 cd exceeded the aggregate maximum of 30 cd under section 34.8 of the IRR
2. the unsigned pages of the Bid should have been noticed during the preliminary examination where the BAC/twg checks the documents. lacking documents or incomplete or patently insufficient submisions shall be considered as failed (30.1)
3. while the TWG/BAC is given a wide latitude in the manner and conduct of the post qual section 34 provides a clear guide on how to conduct the same. Nowhere in the section does it mention that the BAC will check for initials in every page. While I am not saying it should not be done, I am pointing out that the post qual is supposed to be the more substantive portion of the evaluation.

I agree. During the preliminary examination, the lack of signature on every page should have been apparent, unless what was discovered later was an unsigned page (which could mean that it was inserted later), and hence, the bidder should have been disqualified at that moment. The financial document of that bidder should not have been opened.

The post-qualification process is for the purpose of verifying, validating and ascertaining all the documents and statements submitted. If that bidder became the lowest bidder as read, the BAC cannot avoid the insinuation or accusation that the same bidder was later disqualified for that reason because it could be favoring another bidder.
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Re: Post Disqualification Procedure

Post by Alpha on Wed Dec 28, 2011 3:34 pm

Good day, I would like to be enlightend po sana regarding post-qualification process.

I am a member of the TWG, my concern is:

During Opening of Bids, our BAC determined that most of the attached documents are photocopied to fine prints which seemed to be unreadable. The bidder (representative) was called and asked by the BAC to explain and clarify matters about the said documents. The BAC after the explanation of the bidder and further checking on other required documents declared the bidder "technically passed", provided it will submit a clear copy of the documents, and its financial bid was opened.

Detailed bid evaluation was conducted and the bid concerned was determined to be the LCB.

Moving on to post-qualification process, also to mention that the BAC had already received the clear copy of the documents agreed during bid opening, the TWG found out that the subject documents are inconsistent. The required documents are not really present such as Certificate of Accomplishments, Notice of Awards, Contracts, etc., instead substitute but insufficient documents are attached.

Can the TWG recommend post-disqualification of the bidder considering the aforementioned scenario and knowing that its bid already passed the bid opening and detailed bid evaluation?

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Re: Post Disqualification Procedure

Post by jcolas on Thu Dec 29, 2011 3:05 pm

"Alpha wrote"
Good day, I would like to be enlightend po sana regarding post-qualification process.
I am a member of the TWG, my concern is:

During Opening of Bids, our BAC determined that most of the attached documents are photocopied to fine prints which seemed to be unreadable. The bidder (representative) was called and asked by the BAC to explain and clarify matters about the said documents. The BAC after the explanation of the bidder and further checking on other required documents declared the bidder "technically passed", provided it will submit a clear copy of the documents, and its financial bid was opened.

Detailed bid evaluation was conducted and the bid concerned was determined to be the LCB.

Moving on to post-qualification process, also to mention that the BAC had already received the clear copy of the documents agreed during bid opening, the TWG found out that the subject documents are inconsistent. The required documents are not really present such as Certificate of Accomplishments, Notice of Awards, Contracts, etc., instead substitute but insufficient documents are attached.

Can the TWG recommend post-disqualification of the bidder considering the aforementioned scenario and knowing that its bid already passed the bid opening and detailed bid evaluation?.


What do you mean by "technically passed". Under the law, you either passed or failed. In the facts presented, it seems to me that the BAC has failed to exert diligence of the good father in the exercise of their duty. The BAC could have, in my personal opinion, declared the bidder as having failed due to patently insufficient submission. I am referring to the documents which according to you, are unreadable. If the documents submitted are unreadable, how could they (BAC) have appreciated the documents? In declaring the bidder as having failed, you could have averted the situation where you are now in. But all is not lost; the BAC can still disqualify the bidder by invoking Section 23.7 of the Revised IRR of RA 9184. That is my personal opinion, May we solicit the opinions of others...
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Re: Post Disqualification Procedure

Post by Alpha on Thu Dec 29, 2011 4:34 pm

Thanks sir jcolas, what i mean "technically passed" is for the technical bid, when the financial bid was examined, it also passed the BAC. Overall, the bid was declared "passed".

I believed that the BAC could have really declare the bid concerned "failed" during the opening, but what had happened was they had considered the bid due to the clarification made by the bidder with regard to their queries. The problem only arosed when a clearer and certified true copy of the documents where submitted by the bidder for the post-qualification process.

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