What to be issued first? Notification of bidding Results or Notice of Award

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What to be issued first? Notification of bidding Results or Notice of Award

Post by Gilbert D. Solidum on Thu Feb 18, 2010 6:50 pm

We are through with the evaluation and postqualification. What shall we issue first , the notification of Bidding Results or Notice ot Award?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Thu Feb 18, 2010 9:25 pm

Gilbert D. Solidum wrote:We are through with the evaluation and postqualification. What shall we issue first , the notification of Bidding Results or Notice ot Award?
First we have to consider the following,
37.1.3. In case of approval, the Head of the Procuring Entity shall immediately issue the Notice of Award to the bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid. xxxxx
31 ITB Award of Contract (PBDs for Goods)
31.2.xxxxx, the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted, through a Notice of Award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Bidder with the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity

In my opinion, the NOA will be issued first, then later the Notification of bidding results . If you have the copy of the old sample forms you can analyze the contents and compare the differences of the two sample forms (either goods or infra) .This will serve as the guide bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Gilbert D. Solidum on Fri Feb 19, 2010 9:11 am

Thanks, but how about if there is a bidder that will file a motion for reconsideration upon receipt ot notification of bidding results?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Guest on Fri Feb 19, 2010 9:41 am

1 question, why do you need to give a notification of bidding result to the winning bidder? you have already notified him that the contract is awarded to him. The notification of bidding result should be given to those other bidders who passed the bid evaluation but fail to be post qualified because they were the second third etc.. lowest bidders.

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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Gilbert D. Solidum on Fri Feb 19, 2010 11:43 am

The bidder which is lowest as read is not LCRB after the detailed bid evaluation. Is that bidder can file a motion for reconsideration because we will award to the LCR bidder?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Guest on Fri Feb 19, 2010 11:52 am

dapat nung Bid evaluation palang nag file na sya ng MR asking kung bakit di sya ung lowerst. The filing is too late already. furthermore you cannot contest the eligibility of the winning bidder, however you could contest the decision concerning your own disqualification or decision affecting you.

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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Niwram on Fri Feb 19, 2010 12:04 pm

Gilbert D. Solidum wrote:The bidder which is lowest as read is not LCRB after the detailed bid evaluation. Is that bidder can file a motion for reconsideration because we will award to the LCR bidder?

He can file MR only 3 calendar days upon receipt of the notice.. after the lapse of that period he can no longer file MR because he/she is barred as if he waived his/her right to file MR.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Fri Feb 19, 2010 12:10 pm

Gilbert D. Solidum wrote:We are through with the evaluation and postqualification. What shall we issue first , the notification of Bidding Results or Notice ot Award?

You issue the notification of bidding results first before issuance of NOA.

I have mentioned in another post the provision of Sec. 37.1.2 which requires the BAC to notify "all losing bidders of its decision" within the period of 7 c.d. after the BAC has recommended to the HOPE the award of the contract to the LCRB. The HOPE also has 7 c.d. to approve or disapprove the BAC recommendation. If the HOPE approves the BAC recommendation, it is only then that the NOA is issued. Therefore, the notification is ahead of the NOA. It also allows any of losing bidders to file an MR prior to the issuance of the NOA.

During bid evaluation, the losing bidders may not know of the results because of the "No Contact Rule." That is why, there is that opportunity still to know the results, if not during the post-qualification stage (if the bidder was post-disqualified) it will be at the same time when the BAC recommends, thru a BAC Resolution, the award to the LCRB/HRRB but prior to the issuance of the NOA.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by riddler on Fri Feb 19, 2010 1:33 pm

RDV wrote:
I have mentioned in another post the provision of Sec. 37.1.2 which requires the BAC to notify "all losing bidders of its decision" within the period of 7 c.d. after the BAC has recommended to the HOPE the award of the contract to the LCRB. The HOPE also has 7 c.d. to approve or disapprove the BAC recommendation. If the HOPE approves the BAC recommendation, it is only then that the NOA is issued. Therefore, the notification is ahead of the NOA. It also allows any of losing bidders to file an MR prior to the issuance of the NOA.

During bid evaluation, the losing bidders may not know of the results because of the "No Contact Rule." That is why, there is that opportunity still to know the results, if not during the post-qualification stage (if the bidder was post-disqualified) it will be at the same time when the BAC recommends, thru a BAC Resolution, the award to the LCRB/HRRB but prior to the issuance of the NOA.

mdyo na confused ata ako RDV.. is the notice Post Disqualification already enough for the losing bidder to know that he/she may not be awarded of the project anymore? Very Happy
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by charlie brown on Fri Feb 19, 2010 1:57 pm

riddler wrote:
RDV wrote:
I have mentioned in another post the provision of Sec. 37.1.2 which requires the BAC to notify "all losing bidders of its decision" within the period of 7 c.d. after the BAC has recommended to the HOPE the award of the contract to the LCRB. The HOPE also has 7 c.d. to approve or disapprove the BAC recommendation. If the HOPE approves the BAC recommendation, it is only then that the NOA is issued. Therefore, the notification is ahead of the NOA. It also allows any of losing bidders to file an MR prior to the issuance of the NOA.

During bid evaluation, the losing bidders may not know of the results because of the "No Contact Rule." That is why, there is that opportunity still to know the results, if not during the post-qualification stage (if the bidder was post-disqualified) it will be at the same time when the BAC recommends, thru a BAC Resolution, the award to the LCRB/HRRB but prior to the issuance of the NOA.

mdyo na confused ata ako RDV.. is the notice Post Disqualification already enough for the losing bidder to know that he/she may not be awarded of the project anymore? Very Happy

If I may butt in: the notice of post disqualification is issued kasi to the post disqualified LCB but not the other bidders included in the Abstract of Bids as Calculated (arranged in ascending order). As RDV and I have discussed in another topic, its possible that the Lowest Bidder during the Preliminary Evaluation (when the bidders are still present) may no longer be the LCB after the detailed evaluation (after taking into account arithmetical corrections ets, and when the bidders are no longer present). In such a case these bidders other than the one post qualified will receive a notice within the 7 day period. this is separate from the NOA that the post qualified bidder will receive if the HOPE approves the BAC recom. RDV has a point in suggesting that the notice to the "losing bidders" (Ive made my comments on the term in the other topic) should be sent by the BAC ahead of the NOA so this "losing bidders will have time to assess whether to file an MR or not. After the lapse of the required 3 days to file MR the PE may now safely the NOA.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Gilbert D. Solidum on Fri Feb 19, 2010 2:49 pm

Because of the no contact rule, we did not communicate with the bidder na nag lowest as read. After the bid evaluation at nag postqua kami sa lowest calculated bidder. Are we correct in sending notification of bidding result in this case?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Niwram on Fri Feb 19, 2010 3:24 pm

Under section 32.1 of the revised IRR, members of the BAC including its staff and personnel as well the secretary and TWG are prohibited to communicate with any bidder regarding the evaluation of their bids until the issuance of the NOA. However, the BAC through its secretary may ask in writing the bidder for a clarification of its bid and the response to the request for clarification shall be in writing..
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by charlie brown on Fri Feb 19, 2010 3:31 pm

Gilbert D. Solidum wrote:Because of the no contact rule, we did not communicate with the bidder na nag lowest as read. After the bid evaluation at nag postqua kami sa lowest calculated bidder. Are we correct in sending notification of bidding result in this case?

section 37.1.2 requires that you notify the "losing" bidders (with the word "losing" subject of my comment in another post) within the same 7 cd within which time the HOPE shall approve or disapprove the BAC recom. As pointed out by RDV the notice should come before the NOA but after the HOPE HAS APPROVED the BAC recom allowing sufficient time (3 cd at least) so that when the NOA is issued the reglamentary period for the filing of MR should have already lapsed.

Tama naman yon na di kana nag communicate sa lowest bidder as read - unless there are some things that needs to be clarified. But if the adjustments in the bid were straightforward (e.g. 2 x3 = 5 when it should have been 6) and the BAC felt there was no need for further clarifications then di na kailangan. Lets note that time is of the essence here so unless in pursuit of the other procurement principles the activity must be conducted in the most expeditious and economical manner.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by charlie brown on Fri Feb 19, 2010 3:46 pm

charlie brown wrote:
Gilbert D. Solidum wrote:Because of the no contact rule, we did not communicate with the bidder na nag lowest as read. After the bid evaluation at nag postqua kami sa lowest calculated bidder. Are we correct in sending notification of bidding result in this case?

section 37.1.2 requires that you notify the "losing" bidders (with the word "losing" subject of my comment in another post) within the same 7 cd within which time the HOPE shall approve or disapprove the BAC recom. As pointed out by RDV the notice should come before the NOA but after the HOPE HAS APPROVED the BAC recom allowing sufficient time (3 cd at least) so that when the NOA is issued the reglamentary period for the filing of MR should have already lapsed.

Tama naman yon na di kana nag communicate sa lowest bidder as read - unless there are some things that needs to be clarified. But if the adjustments in the bid were straightforward (e.g. 2 x3 = 5 when it should have been 6) and the BAC felt there was no need for further clarifications then di na kailangan. Lets note that time is of the essence here so unless in pursuit of the other procurement principles the activity must be conducted in the most expeditious and economical manner.

My only issue with the notice - which i have expounded in another post was that the contents of the notice to the "losing" bidders was similar to that of the NOA. which means that there was no explanation why the lowest bid as read did not become the LCB and/or LCRB. iN YET another post i forwarded the idea that perhaps before the BAC orders a recess or adjournment after the prelim examination to get rid of the bidders during the detailed evaluation (INCOMPLIANCE wiht the n o contact rule) the BAC should explain the possible ramifications of the detailed evaluation on the bids as read. so the 'losing" bidders -espacially the lowest as read - will have an idea why he was not post qualified
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Fri Feb 19, 2010 3:56 pm

Excerpt from the Footnote taken from the SF-Good-50 which is self explanatory.
(Notification of Bidding Results)
The Head of the Procuring Entity, through the Procurement Unit/Office, immediately upon approval of the recommendation for award, shall issue the Notice of Award to the bidder with the LCRB. . At the same time, the BAC shall also notify all losing bidders of its decision.

Excerpt from the Footnote taken from the SF-Good-51
(Bidding Results Posted at the G-EPS)
The Notice of Award shall be given to the Lowest Calculated Responsive Bidder immediately after approval of recommendation. Simultaneously, a copy of the Notice shall be furnished to all losing Bidders, and posted in the website of the G-EPS, as well as the websites of the Procuring Entity and its electronic procurement service provider, if any. (IRR-A Section 37.2.1)
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Fri Feb 19, 2010 5:03 pm

charlie brown wrote:
charlie brown wrote:
Gilbert D. Solidum wrote:Because of the no contact rule, we did not communicate with the bidder na nag lowest as read. After the bid evaluation at nag postqua kami sa lowest calculated bidder. Are we correct in sending notification of bidding result in this case?

section 37.1.2 requires that you notify the "losing" bidders (with the word "losing" subject of my comment in another post) within the same 7 cd within which time the HOPE shall approve or disapprove the BAC recom. As pointed out by RDV the notice should come before the NOA but after the HOPE HAS APPROVED the BAC recom allowing sufficient time (3 cd at least) so that when the NOA is issued the reglamentary period for the filing of MR should have already lapsed.

Tama naman yon na di kana nag communicate sa lowest bidder as read - unless there are some things that needs to be clarified. But if the adjustments in the bid were straightforward (e.g. 2 x3 = 5 when it should have been 6) and the BAC felt there was no need for further clarifications then di na kailangan. Lets note that time is of the essence here so unless in pursuit of the other procurement principles the activity must be conducted in the most expeditious and economical manner.

My only issue with the notice - which i have expounded in another post was that the contents of the notice to the "losing" bidders was similar to that of the NOA. which means that there was no explanation why the lowest bid as read did not become the LCB and/or LCRB. iN YET another post i forwarded the idea that perhaps before the BAC orders a recess or adjournment after the prelim examination to get rid of the bidders during the detailed evaluation (INCOMPLIANCE wiht the n o contact rule) the BAC should explain the possible ramifications of the detailed evaluation on the bids as read. so the 'losing" bidders -espacially the lowest as read - will have an idea why he was not post qualified

I agree with you, charlie brown, that there has to be a proper explanation, particularly if the lowest bid as read (and he knows it if he or his representative is present during the bid opening) was not declared as the LCB or LCRB. If the form of the notice did not include such as explanation as it is similar to a NOA, the procuring entity need not follow in toto the form as it is only a Sample Form. You may revise the form to adopt to the situation. I would agree also to your suggestion that it should be properly explained to the bidders prior to adjournment of the opening of bid and preliminary examination that the lowest as read may not actually be the one to be post-qualified as the process of bid evaluation, which allows for minor arithmetical corrections, could affect the ranking of the bids.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Sat Feb 20, 2010 11:52 am

Gilbert D. Solidum wrote:We are through with the evaluation and postqualification. What shall we issue first , the notification of Bidding Results or Notice ot Award?
Excerpt from the GPM. Methodology: How is a contract awarded?
The following steps are followed in the awarding of a contract:
1. The BAC Secretariat consolidates all the documents and/or records of the proceedings of the BAC with regard to the procurement at hand, and attaches the same to the BAC Resolution.
2. The BAC Secretariat drafts the BAC Resolution recommending award.
3. The BAC approves and signs the Resolution Recommending Award, and transmits the same to the Head of the Procuring Entity.
4. The Head of the Procuring Entity, or his/her duly authorized representative, acts on the recommendation for award within seven (7) calendar days from the date of determination and declaration by the BAC of the LCRB/SCRB. In the case of GOCCs and GFIs, the governing Board shall have fifteen (15) calendar days within which to approve the recommendation for award.
5. In case of approval of the recommendation, the Head of the Procuring Entity, through the procurement unit/office, issues the Notice of Award to the bidder with the LCRB/SCRB, while the BAC accordingly notifies the losing bidders. In case of a disapproval of the recommendation of award, the Head of the Procuring Entity shall state the reason(s) for disapproval and instruct the BAC on the subsequent steps to be adopted.
6. The bidder with the LCRB/SCRB accepts the Notice of Award. bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Sun Feb 21, 2010 11:05 am

sunriser431 wrote:
Gilbert D. Solidum wrote:We are through with the evaluation and postqualification. What shall we issue first , the notification of Bidding Results or Notice ot Award?
Excerpt from the GPM. Methodology: How is a contract awarded?
The following steps are followed in the awarding of a contract:
1. The BAC Secretariat consolidates all the documents and/or records of the proceedings of the BAC with regard to the procurement at hand, and attaches the same to the BAC Resolution.
2. The BAC Secretariat drafts the BAC Resolution recommending award.
3. The BAC approves and signs the Resolution Recommending Award, and transmits the same to the Head of the Procuring Entity.
4. The Head of the Procuring Entity, or his/her duly authorized representative, acts on the recommendation for award within seven (7) calendar days from the date of determination and declaration by the BAC of the LCRB/SCRB. In the case of GOCCs and GFIs, the governing Board shall have fifteen (15) calendar days within which to approve the recommendation for award.
5. In case of approval of the recommendation, the Head of the Procuring Entity, through the procurement unit/office, issues the Notice of Award to the bidder with the LCRB/SCRB, while the BAC accordingly notifies the losing bidders. In case of a disapproval of the recommendation of award, the Head of the Procuring Entity shall state the reason(s) for disapproval and instruct the BAC on the subsequent steps to be adopted.
6. The bidder with the LCRB/SCRB accepts the Notice of Award. bounce

Since there is a conflict between the IRR provision and the GPM, the former should prevail.

I would still invite the attention of everybody to the IRR provision that the BAC should notify all losing bidders at the same time that it recommends to the HOPE the award of contract to the LCRB/HRRB, which is prior to the issuance of the Notice of Award.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Sun Feb 21, 2010 6:26 pm

riddler wrote:
RDV wrote:
I have mentioned in another post the provision of Sec. 37.1.2 which requires the BAC to notify "all losing bidders of its decision" within the period of 7 c.d. after the BAC has recommended to the HOPE the award of the contract to the LCRB. The HOPE also has 7 c.d. to approve or disapprove the BAC recommendation. If the HOPE approves the BAC recommendation, it is only then that the NOA is issued. Therefore, the notification is ahead of the NOA. It also allows any of losing bidders to file an MR prior to the issuance of the NOA.

During bid evaluation, the losing bidders may not know of the results because of the "No Contact Rule." That is why, there is that opportunity still to know the results, if not during the post-qualification stage (if the bidder was post-disqualified) it will be at the same time when the BAC recommends, thru a BAC Resolution, the award to the LCRB/HRRB but prior to the issuance of the NOA.

mdyo na confused ata ako RDV.. is the notice Post Disqualification already enough for the losing bidder to know that he/she may not be awarded of the project anymore? Very Happy
I think only one bidder will make it to the Post Qualification stage,(will now be rank as 1st LCB after satisfying all the conditions in section 32.2.1) but if later will be Post disqualified (failure to submit the requirement in section 34.2 ) will received the NPD. I believe there is no problem in the Notice of Post Disqualification stage, bidder will be properly notified, however what is yet to be clarified, is the stages between the issuance of NOA and the issuance of the Notice of bidding results of which will come first.? As sir RDV have opined in the earlier post, there is a conflict between the IRR and the GPM, so the former will prevail. bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by charlie brown on Mon Feb 22, 2010 11:08 am

RDV wrote:
sunriser431 wrote:
Gilbert D. Solidum wrote:We are through with the evaluation and postqualification. What shall we issue first , the notification of Bidding Results or Notice ot Award?
Excerpt from the GPM. Methodology: How is a contract awarded?
The following steps are followed in the awarding of a contract:
1. The BAC Secretariat consolidates all the documents and/or records of the proceedings of the BAC with regard to the procurement at hand, and attaches the same to the BAC Resolution.
2. The BAC Secretariat drafts the BAC Resolution recommending award.
3. The BAC approves and signs the Resolution Recommending Award, and transmits the same to the Head of the Procuring Entity.
4. The Head of the Procuring Entity, or his/her duly authorized representative, acts on the recommendation for award within seven (7) calendar days from the date of determination and declaration by the BAC of the LCRB/SCRB. In the case of GOCCs and GFIs, the governing Board shall have fifteen (15) calendar days within which to approve the recommendation for award.
5. In case of approval of the recommendation, the Head of the Procuring Entity, through the procurement unit/office, issues the Notice of Award to the bidder with the LCRB/SCRB, while the BAC accordingly notifies the losing bidders. In case of a disapproval of the recommendation of award, the Head of the Procuring Entity shall state the reason(s) for disapproval and instruct the BAC on the subsequent steps to be adopted.
6. The bidder with the LCRB/SCRB accepts the Notice of Award. bounce

Since there is a conflict between the IRR provision and the GPM, the former should prevail.

I would still invite the attention of everybody to the IRR provision that the BAC should notify all losing bidders at the same time that it recommends to the HOPE the award of contract to the LCRB/HRRB, which is prior to the issuance of the Notice of Award.

In my opinion, the suggestion of RVD to preferably issue the notice to 'losing bidders" earlier than the NOA will still be in accordance with the GPM. I think what is emphasized in item 5 of the GPM are the different responsibilities (i.e. the PE thru the procuring unit issues the NOA WHILE the BAC notifies the 'losing bidders"
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Mon Feb 22, 2010 9:17 pm

Excerpt from the Footnote taken from the SF-Good-50 which is self explanatory.
(Notification of Bidding Results)
The Head of the Procuring Entity, through the Procurement Unit/Office, immediately upon approval of the recommendation for award, shall issue the Notice of Award to the bidder with the LCRB. . At the same time, the BAC shall also notify all losing bidders of its decision.

Excerpt from the Footnote taken from the SF-Good-51
(Bidding Results Posted at the G-EPS)
The Notice of Award shall be given to the Lowest Calculated Responsive Bidder immediately after approval of recommendation. Simultaneously, a copy of the Notice shall be furnished to all losing Bidders, and posted in the website of the G-EPS, as well as the websites of the Procuring Entity and its electronic procurement service provider, if any. (IRR-A Section 37.2.1)

Excerpt from the GPM. Methodology: How is a contract awarded?
1. xxxx
5.In case of approval of the recommendation, the Head of the Procuring Entity, through the procurement unit/office, issues the Notice of Award to the bidder with the LCRB/SCRB, while the BAC accordingly notifies the losing bidders
In reference to the underline bold text, the PE will also copy furnished the NOA to all losing bidders. cheers
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by riddler on Mon Feb 22, 2010 11:19 pm

sunriser431 wrote:Excerpt from the Footnote taken from the SF-Good-50 which is self explanatory.
(Notification of Bidding Results)
The Head of the Procuring Entity, through the Procurement Unit/Office, immediately upon approval of the recommendation for award, shall issue the Notice of Award to the bidder with the LCRB. . At the same time, the BAC shall also notify all losing bidders of its decision.

Excerpt from the Footnote taken from the SF-Good-51
(Bidding Results Posted at the G-EPS)
The Notice of Award shall be given to the Lowest Calculated Responsive Bidder immediately after approval of recommendation. Simultaneously, a copy of the Notice shall be furnished to all losing Bidders, and posted in the website of the G-EPS, as well as the websites of the Procuring Entity and its electronic procurement service provider, if any. (IRR-A Section 37.2.1)

Excerpt from the GPM. Methodology: How is a contract awarded?
1. xxxx
5.In case of approval of the recommendation, the Head of the Procuring Entity, through the procurement unit/office, issues the Notice of Award to the bidder with the LCRB/SCRB, while the BAC accordingly notifies the losing bidders
In reference to the underline bold text, the PE will also copy furnished the NOA to all losing bidders. cheers

i agree sunriser. if we follow the old forms, the Notice to Award precedes the Notification of Bidding Result .
SF-INFR-64 BAC REso for LCRB
SF-INFR-65 Notice of Award
SF-INFR-66 Notification of Bidding Results
Very Happy
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Tue Feb 23, 2010 9:36 am

sunriser431 wrote:Excerpt from the Footnote taken from the SF-Good-50 which is self explanatory.
(Notification of Bidding Results)
The Head of the Procuring Entity, through the Procurement Unit/Office, immediately upon approval of the recommendation for award, shall issue the Notice of Award to the bidder with the LCRB. . At the same time, the BAC shall also notify all losing bidders of its decision.

Excerpt from the Footnote taken from the SF-Good-51
(Bidding Results Posted at the G-EPS)
The Notice of Award shall be given to the Lowest Calculated Responsive Bidder immediately after approval of recommendation. Simultaneously, a copy of the Notice shall be furnished to all losing Bidders, and posted in the website of the G-EPS, as well as the websites of the Procuring Entity and its electronic procurement service provider, if any. (IRR-A Section 37.2.1)

Excerpt from the GPM. Methodology: How is a contract awarded?
1. xxxx
5.In case of approval of the recommendation, the Head of the Procuring Entity, through the procurement unit/office, issues the Notice of Award to the bidder with the LCRB/SCRB, while the BAC accordingly notifies the losing bidders
In reference to the underline bold text, the PE will also copy furnished the NOA to all losing bidders. cheers

Quoting from the unrevised GPM and Sample Forms is good, but we should watch out for discrepancies with the revised IRR. In case of conflict, the revised IRR should prevail.

Some of the revisions in the IRR were precisely to address the problems encountered under IRR-A. Sec.37.2.1 of IRR-A is now Sec. 37.1.2 and 37.1.3 of the revised IRR. If you read carefully these two sections you will see that the question on which is issued first is clearly answered.

Sec. 37.1.2 pertains to the period in which the HOPE either approves or disapproves the BAC recommendation. It says that within the same period, the BAC shall notify all losing bidders.

The succeeding section, Sec. 37.1.3, says that in case of approval, the HOPE shall immediately issue the NOA to the LCRB/HRRB.

If you will take note, there is a sequence of events whereby the recommendation and the notification to all losing bidders precedes the issuance of the NOA.

Logic will also dictate to us that to allow the losing bidders to avail of their right to file MRs, and also time for the BAC to resolve the same, it would be better to wait for awhile before issuing the NOA. Otherwise, the procuring entity will have a problem where a NOA has been issued and there is a pending MR.

Sec. 55.1 of the revised IRR provides that "decisions of the BAC at any stage of the procurement process may be questioned by filing a request for reconsideration within 3 c.d. upon receipt of written notice or upon verbal notification." Legally, therefore, the losing bidders have that right, but if the procuring entity has already issued a NOA, how could the losing bidder avail of such right? If you deprive him of that right, he cannot also file a Protest. Remember also that Sec. 57 of the revised IRR provides that "protests must be resolved first before any award is made."

On the part of the losing bidder, failing to file an MR/Protest, in effect, is giving him no other recourse but to resort to the regular courts. In that case, it is highly probable that the courts will take cognizance of the case since the courts would have assumed jurisdiction considering that the procuring entity has already deprived him of his administrative remedies (of filing MR and/or Protests).

A case in point is the COMELEC case (Information Technology Foundation of the Phil., Inc. vs COMELEC, GR. 159139) where the Supreme Court take cognizance of the case despite the defense's (COMELEC and its BAC) motion to dismiss since the losing bidder should have availed first of the administrative remedies (MR and Protest mechanism) available to them under Sec. 55-58 of RA 9184.

It is quite a long discourse, but I hope I have made myself clear. Quoting from provisions of the GPM and Sample Forms should not be enough.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by abomowey1 on Wed May 12, 2010 12:23 pm

kindly send me a format for NOTICE OF ELIGIBILITY and NOTICE OF DISQUALIFICATION for bidders who submitted their eligibility documents.

Thanks
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by msm326 on Wed May 12, 2010 12:45 pm

these forms are downloadable ,you can check gppb web for the forms
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Re: What to be issued first? Notification of bidding Results or Notice of Award

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