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USE OF FORMS/TAX CLEARANCE/LONE BIDDER

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USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by cesar on Wed Mar 04, 2009 7:57 am

Good day again!

may i ask some questions regarding on procurement of goods? to wit:

1. if a bidder submits not a prescribe/standard form, say on the "Statement of the bidder of all its ongoing and completed government and private contracts within the relevant period". can this be a mean of failure for that bidder?

2. if only one bidder submits a bid during the time set on the submission and opening of bids, while one bidder was not accepted due to late submission. can the BAC proceed in the opening of bids?

3. regarding on the Tax Clearance issued by National Office, shall we consider tax clearance issued by regional office? or a certificate that a certain bidder applied from National office?

again, hoping for your generous effort.

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USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by venom.0420 on Wed Mar 04, 2009 11:17 am

Cesar:

My take on ur queries:
1. The use of prescribed forms by GPPB, is more of setting the minimum required contents in those documents, hence, if one way or another, a bidder enhanced those documents, I see no reason for any BAC to disqualify such bidder. The problem that usually arises, when a bidder uses their own forms is when they omit or incorrectly rephrased the wordings in the prescribed form. In such case, the BAC can reasonably declare the bidder disqualified.
2. Of course they can. A public bidding though promotes competetion, isn't required to procede or be postponed because of the presence or absence of it.
3. Well, this one is quite tricky. First of all, the regional or district offices of BIR should not be issuing temporary tax clearances as this will defeat the purpose of their national office of issuing a one-year tax clearance. As to the BAC, under the nondiscretionary pass/fail criteria, submission of any temporary tax clearance or certification that they have applied for a tax clearance at the national office, will not count as same as submitting a valid tax clearance. Hence, a ground for disqualification.

Hope these will help. Very Happy
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Re: USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by engrjhez® on Wed Mar 04, 2009 4:23 pm

In addition:
venom.0420 wrote:
1. The use of prescribed forms by GPPB, is more of setting the minimum required contents in those documents, hence, if one way or another, a bidder enhanced those documents, I see no reason for any BAC to disqualify such bidder. The problem that usually arises, when a bidder uses their own forms is when they omit or incorrectly rephrased the wordings in the prescribed form. In such case, the BAC can reasonably declare the bidder disqualified.
Although the correctness and validity of the above requirement is essential to the process, this will not happen until the post-qualification. Since eligibility is a "non-discretionary" checking of the presence/absence of documents, the BAC cannot mark the bid as "failed" if the eligibility documents are complete. Only in the post-qualification can the BAC ascertain the "substance" of the such.
venom.0420 wrote:
2. Of course they can. A public bidding though promotes competetion, isn't required to procede or be postponed because of the presence or absence of it.

Correction on the underlined - ABSENCE constitutes a definite failure of bidding. I think what you meant was "...because of the presence of only one bidder".
venom.0420 wrote:
3. Well, this one is quite tricky. First of all, the regional or district offices of BIR should not be issuing temporary tax clearances as this will defeat the purpose of their national office of issuing a one-year tax clearance. As to the BAC, under the nondiscretionary pass/fail criteria, submission of any temporary tax clearance or certification that they have applied for a tax clearance at the national office, will not count as same as submitting a valid tax clearance. Hence, a ground for disqualification.
You may refer to GPPB Circular 02-2005
http://www.gppb.gov.ph/issuances/Circulars/2005/02-2005.pdf
regarding the legality of enforcing Tax Clearance as a mandatory requirement for eligibility as guided by Revenue Regulation 03-2005
http://www.gppb.gov.ph/laws_rules08/laws/BIR-RR_3-2005.pdf
and RMC 16-2005
http://www.gppb.gov.ph/laws_rules08/laws/BIR-RMC_16-2005.pdf

However, there are ways to check for the correctness and validity of the submitted document (Tax Clearance) by verification to BIR Offices. It must be again emphasized that underlined portion in the quote refers to "post-disqualification".
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Re: USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by venom.0420 on Wed Mar 04, 2009 11:01 pm

Sir Engrjhez:

Thanks for the additional input, I hope our posters are learning from you, in the same way I do. Yes, that's exactly what I meant in the poster's 2nd query, I guess I got too carried away in making my point sound a little poetic.. Laughing
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thank you!

Post by cesar on Thu Mar 05, 2009 10:48 am

thanks to both of you, it really do help, i hope you'll stay with us. cheers

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Re: USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by RDV @ GP3i on Thu Mar 05, 2009 1:59 pm

Cesar:

1. Please consider this provision in IRR-A:

"23.6. Eligibility Check for the Procurement of Goods and Infrastructure Projects
The determination of eligibility shall be based on the submission of the following
documents to the BAC, utilizing the forms prepared by the BAC and using the
criteria stated in Section 23.11 of this IRR-A:

So, if you don't use the form prepared or set by the BAC, then the latter has every right to disqualify you.

2. Venom and engrjhez are right, the bidding process should proceed if only one bidder submitted a bid. If later on his bid is declared responsive, then he will be the Single Calculated Responsive Bid.

3. The Tax Clearance issued by the BIR Head/Central Office is one that is required. Submission of a certification that he/she applied for it should be declared non-compliant by the BAC and therefore should be disqualified.
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Re: USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by blesilda on Sun Dec 19, 2010 11:58 pm

In case there is only one bidder who bought bid docs. Will the BAC Sec. still prepare the abstract of bids? If not, what is the alternative form that we can use when there is only bid to read? thank you.
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Re: USE OF FORMS/TAX CLEARANCE/LONE BIDDER

Post by engrjhez® on Mon Dec 20, 2010 7:54 am

blesilda wrote:In case there is only one bidder who bought bid docs. Will the BAC Sec. still prepare the abstract of bids? If not, what is the alternative form that we can use when there is only bid to read? thank you.
Consistent with those previously answered, YES. Even if there is only one bidder, the BAC shall still proceed with the opening and evaluation procedure. The "abstract form" will still be applicable even if there is only one bidder. Smile
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Re: USE OF FORMS/TAX CLEARANCE/LONE BIDDER

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