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

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

Post by Niwram on Wed May 12, 2010 2:03 pm

There's no forms yet issued by the GPPB..
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by BAC Sec. on Wed May 12, 2010 5:11 pm

True. GPPB is updating the sample forms/ Notice of Eligibility and Notice of Disqualification . If you check the website this will be generated(Sample Forms are being updated).

It is my suggestion that we can still use the previous sample forms, anyway the same are notices and no amount of legalese is required provided it must be sent to the bidders within the reglementary period.

I believe that it is incumbent upon the BAC thru the Secretariat to sent the notice of post-disqualification or post-qualification as the case maybe upon post-qualification. If the former is the result the bidder is allowed by law to file an MR within three days from receipt of the notice. BAC will resolve the same in seven calendar days.

If it is the latter, a notice of award will follow and a corresponding notice is issued to the losing bidders.

Post-disqualified bidders and bidders that were declared as LCB 1, 2 or 3 as the case maybe must be vigilant with their rights. That is, in case of questions they must file an MR with the BAC. Remember that the filing of an MR is a condition sine qua non for the filing of a protest with the HOPE on the action of the BAC.

I hope I got it right...!
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Thu May 13, 2010 7:57 am

BAC Sec. wrote:True. GPPB is updating the sample forms/ Notice of Eligibility and Notice of Disqualification . If you check the website this will be generated(Sample Forms are being updated).

It is my suggestion that we can still use the previous sample forms, anyway the same are notices and no amount of legalese is required provided it must be sent to the bidders within the reglementary period.

I believe that it is incumbent upon the BAC thru the Secretariat to sent the notice of post-disqualification or post-qualification as the case maybe upon post-qualification. If the former is the result the bidder is allowed by law to file an MR within three days from receipt of the notice. BAC will resolve the same in seven calendar days.

If it is the latter, a notice of award will follow and a corresponding notice is issued to the losing bidders.

Post-disqualified bidders and bidders that were declared as LCB 1, 2 or 3 as the case maybe must be vigilant with their rights. That is, in case of questions they must file an MR with the BAC. Remember that the filing of an MR is a condition sine qua non for the filing of a protest with the HOPE on the action of the BAC.

I hope I got it right...!

The Notice of Post-Disqualification will only be sent to the one disqualified during the post-disqualification process, meaning the Lowest Calculated Bidder. Those below the LCB will not be sent this Notice.

If the LCB is however post-qualified, it will be declared as the LCRB, but NOA is not immediately issued. The BAC will sirst recommend, through a BAC Resolution, the award of contract to the LCRB.

Within the same period that the BAC will recommend to the HOPE the award to the LCRB, it should notify all the losing bidders. This notification, therefore, will precede the issuance of the Notice of Award which is issued immediately after the HOPE Has approved the BAC recommendation.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Niwram on Thu May 13, 2010 10:11 am

I agree with sir RDV about the issuance of Notice of Award and Notice of post-disqualification.. with regards to the sample form you are free to use the old sample forms.


Last edited by Niwram on Thu May 13, 2010 4:20 pm; edited 1 time in total
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by BAC Sec. on Thu May 13, 2010 2:16 pm

In a nutshell:

1. Post-qualification
2. Notice or Post-qua or post-dis-qua
3. Declaration of LCRB-BAC Resolution
4. Approval of BAC Res. recommending award and notification to losing bidders
5. Issuance and receipt of Notice of Award
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by engrjhez® on Sat May 15, 2010 10:42 pm

Once a BAC Resolution recommending the award has been resolved, Notice of Bidding Results shall be issued immediately to all losing bidders. While waiting for the approval from the HOPE, the notification is already buying time for any RFR to that effect. Throughout the period of seven (7) days, the losing bidder(s) have enough time to seek clarification or question the results.

The Notice of Award, although stated to be issued immediately, still has to be approved thru BAC ReSolution. Hence, Notice of Bidding Results definitely must be issued first prior to NOA. Smile
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by jcolas on Mon May 17, 2010 9:11 am

I agree with you Engrjhez. This is in the spirit of fair play. This is also to afford the losing bidder enough time to submit RFR. After the 7 day period at wala sila sinubmit na RFR, then they can not cry foul anymore. After the Notice of Bidding Results shall have been issued, then we can release 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 Mon May 17, 2010 11:52 am

For Discussion purpose
granted the "Notice of Bidding Results" will be issued "first" within the reglementary period to all losing bidders, after which if no MR was filed with the BAC, The HOPE will now issue the NOA to the bidder with LCRB.
Issues/Concern:
1. What if the NOA issued to the bidder with LCRB, refuses to accept the NOA? (of course subject to Blacklisting if found valid, but is subject to another discussion ). will the procedure on post qualification apply again?
2. What happen to the "Notice of Bidding Results" earlier send/received by the losing bidder? In reference to concern#1, chances are those bidder(s) declared as losing, will the procedure on post qualification apply again on the losing bidder? (2nd ranking)
3. Since Bidder(s) were declared as Losing, and then later the BAC will choose from the ranking ealier made so to post qualify. (only 1 bidder will make it to the post qualification stage, if concern#1 will not accept the NOA).I believe this will create a "cloud of doubts" from the losing bidder(s), and same procedure will be observe in sending notices.
4. or better yet declare the whole Bidding a failure and conduct another re-bidding?
5. Am I missing something here? bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by engrjhez® on Mon May 17, 2010 9:10 pm

Sunriser,

I think I can summarize my answer to all your five questions in one example:

Say we have three (3) eligible bidders A, B, and C ranked as 1st, 2nd, and 3rd accordingly from the lowest calculated bid (GOODS). Post-qualification shall always be conducted for the LCB. Once A is post qualified, the BAC sends "Notice of Bidding Results" to B and C. If after NOA is issued and A refuses to accept, the BAC may forfeit the Bid Security and subject A to blacklisting proceedings. The BAC shall notify B to submit Post qualification documents because of A's non-acceptance of NOA. C need not be notified again (except when B also refuses to accept the award). Since the "Notice of Bidding Results" was already served, subsequent notices need not be issued. Failure of bidding can only occur if all (A, B, and C) refuses to accept the award after being post-qualified. Maybe you are just confused of issuing several conflicting notices. Smile
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Tue May 18, 2010 9:33 am

any other opinion from the procurement practitioner would be appreciated.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Niwram on Wed May 19, 2010 4:22 pm

Issues/Concern:
1. What if the NOA issued to the bidder with LCRB, refuses to accept the NOA? (of course subject to Blacklisting if found valid, but is subject to another discussion ). will the procedure on post qualification apply again?

If the bidder with LCB/HRB refuses to accept the award without justifiable cause, failure of bidding shall be declared under Section 35.1 (d).. Therefore, procedure on post-qual will not apply. instead, another bidding will be conducted. Section 35 of revised IRR.

2. What happen to the "Notice of Bidding Results" earlier send/received by the losing bidder? In reference to concern#1, chances are those bidder(s) declared as losing, will the procedure on post qualification apply again on the losing bidder? (2nd ranking)

As I have said the procedure for post-qual will not apply to all the losing bidder if the bidder with the LCB/HRB refuses to accept the award. the Notice of bidding results will be disregarded as the BAC will require new bid to be submitted. Section 35.4

3. Since Bidder(s) were declared as Losing, and then later the BAC will choose from the ranking ealier made so to post qualify. (only 1 bidder will make it to the post qualification stage, if concern#1 will not accept the NOA).I believe this will create a "cloud of doubts" from the losing bidder(s), and same procedure will be observe in sending notices.

Same answer as stated in query # 1 and 2

4. or better yet declare the whole Bidding a failure and conduct another re-bidding?

Declaration of Failure of Bidding is the right remedy as provided under Section 35 of the revised IRR of RA 9184.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Wed May 19, 2010 6:49 pm

I'll be on watch mode on this topic. bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Thu May 20, 2010 9:24 am

Niwram wrote:
Issues/Concern:
1. What if the NOA issued to the bidder with LCRB, refuses to accept the NOA? (of course subject to Blacklisting if found valid, but is subject to another discussion ). will the procedure on post qualification apply again?

If the bidder with LCB/HRB refuses to accept the award without justifiable cause, failure of bidding shall be declared under Section 35.1 (d).. Therefore, procedure on post-qual will not apply. instead, another bidding will be conducted. Section 35 of revised IRR.

I beg to disagree on the supposition that if the LCRB/HRRB refuses to accept the award without justifiable cause failure of bidding shall be declared under Sec. 35.1(d). That particular section provides that the BAC shall declare the bidding a failure when "(T)he bidder with the LCRB/HRRB refuses, without justifiable cause, to accept the award of contract, and no award is made in accordance with Section 40 of the Act and this IRR."

There are, therefore, two (2) conditions which should occur in order for the BAC to declare a failure of bidding. First, the LCRB/HRRB refuses to accept the award without justifiable cause, and, second, no award is made in accordance with Sec. 40.

What does Sec. 40 provide? Specifically, Sec. 40.2 provides that, in case of failure or refusal of the LCRB/HRRB to enter into contract and post the required Performance Security, the BAC shall disqualify the said bidder, and shall initiate and complete the post-qualification process on the bidder with the second LCRB/HRRB. The procedure is repeated until the LCRB/HRRB is determined for award. It is only when no award is made after going through with this procedure under Sec. 40 that a failure of bidding shall be declared by the BAC.

I agree, therefore, with the procedure outlined by engrjhez.

Niwram wrote:
2. What happen to the "Notice of Bidding Results" earlier send/received by the losing bidder? In reference to concern#1, chances are those bidder(s) declared as losing, will the procedure on post qualification apply again on the losing bidder? (2nd ranking)

As I have said the procedure for post-qual will not apply to all the losing bidder if the bidder with the LCB/HRB refuses to accept the award. the Notice of bidding results will be disregarded as the BAC will require new bid to be submitted. Section 35.4

The procedure for post-qualification will apply to the 2nd LCRB/HRRB who was earlier notified by the BAC as the losing bidder provided his Bid Security has not yet been returned and his bid is still valid. The same would be true to the 3rd LCRB/HRRB if the 2nd LCRB/HRRB is later on post-disqualified.[/quote]
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Sat Jun 05, 2010 3:06 pm

other concern:
The COA issued memorandum 2010-003 dated January 14, 2010
For complete text follow this link http://www.coa.gov.ph/Whats_New/2010/coamemo/M2010-003.pdf
Excerpt form the memorandum.
X1 Award of Contract for the Procurement of Goods.
a) xxxx
b) xxxx
and read page 166 (Guide in the Audit of Procurement (First Update - December 2009), with the column heading for AUDIT CRITERIA, AUDIT ACTIVITIES, and lastly AUDIT QUESTION. Take a closer look at the AUDIT QUESTION. xxxx. Was the NOTICE OF AWARD immediately issued to the bidder with the Lowest Calculated Responsive Bid as recommended by the BAC and approved by the HOPE? For comment. 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 Jun 06, 2010 9:59 am

sunriser431 wrote:other concern:
The COA issued memorandum 2010-003 dated January 14, 2010
For complete text follow this link http://www.coa.gov.ph/Whats_New/2010/coamemo/M2010-003.pdf
Excerpt form the memorandum.
X1 Award of Contract for the Procurement of Goods.
a) xxxx
b) xxxx
and read page 166 (Guide in the Audit of Procurement (First Update - December 2009), with the column heading for AUDIT CRITERIA, AUDIT ACTIVITIES, and lastly AUDIT QUESTION. Take a closer look at the AUDIT QUESTION. xxxx. Was the NOTICE OF AWARD immediately issued to the bidder with the Lowest Calculated Responsive Bid as recommended by the BAC and approved by the HOPE? For comment. bounce

That is correct, sunriser, the NOA should be "immediately" issued to the bidder with the LCRB/HRRB after approval by the HOPE of the BAC recommendation for award.

The Notice of bidding result is done by the BAC during the same period that it recommends to the HOPE, through a BAC Resolution, the approval of award to the LCRB/HRRB. In other words, the Notice of bidding results is really issued ahead of the NOA,.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Jovinal on Tue Feb 07, 2012 12:20 pm

It is at the same time.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by friend toe on Tue Feb 07, 2012 11:11 pm

magulo ito... sana isa na lang ang consideration natin... i hope magkaroon ng ruling dito para di maging magulo ang pag-iisip natin... yung straight forward na talaga in one thing...

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

Post by Jovinal on Wed Feb 08, 2012 7:44 am

See the footnote on Standard Form No. SF - GOODS no. 50.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Wed Feb 08, 2012 10:47 am

Jovinal wrote:It is at the same time.

It is not at the same time. The notification of bidding results is ahead of the issuance of the NOA.

For argument's sake, what would be the problem if it is done at the same time? The losing bidders will lose the opportunity to avail of their administrative remedies (filing a request for reconsideration and then, if necessary, filing a protest). A NOA is issued by the HOPE or its duly authorized official. So, if a NOA has already been issued, filing a request for reconsideration is already mooted because the BAC can no longer act on it since its job has already been completed.

In other words, if the notice of bidding results is done at the same time of the issuance of the NOA, you deprive the bidders from availing of their administrative remedies guaranteed under Sec. 55-58 of RA 9184. If you deprive the bidders of that right, the bidders can avail of their legal remedies instead, as exception to the principle of exhaustion of administrative remedies.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Jovinal on Wed Feb 08, 2012 11:04 am

Is this clearly stated in the Procurement Manual ?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Wed Feb 08, 2012 9:05 pm

Jovinal wrote:Is this clearly stated in the Procurement Manual ?
I believe the Procurement manual have not yet updated, hopefully soon. bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by friend toe on Wed Feb 08, 2012 10:35 pm

oo naman talaga. because of the no contact rule kaya ganyan ang nangyayari. and sana po, since open ang bid thru philgeps eh sana mahaba konti ang perion between notice of bid results and the NOA... specifically since open nga ang bid... eh paano yung nasa malayo? magkakaroon ng lapses sa dates nyan? maging reklamo tuloy na wala silang natanggap na communication regarding the matter?

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

Post by Jovinal on Thu Feb 09, 2012 10:17 am

I suggest to GPPB TSO emphasize this procedure in their updated procurement manual.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by friend toe on Thu Feb 09, 2012 7:45 pm

thanks. i hope na magkaroon na ng updated procurement manual...

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

Post by engrjhez® on Thu Feb 09, 2012 8:01 pm

friend toe wrote:oo naman talaga. because of the no contact rule kaya ganyan ang nangyayari. and sana po, since open ang bid thru philgeps eh sana mahaba konti ang perion between notice of bid results and the NOA... specifically since open nga ang bid... eh paano yung nasa malayo? magkakaroon ng lapses sa dates nyan? maging reklamo tuloy na wala silang natanggap na communication regarding the matter?

Unfortunately, the current PhilGEPS system does not support "notification of bid results" ahead or prior to issuance of Notice of Award (NOA). We are of the best hope that this was already considered in the upgrade to "electronic bid submission" or Phase 3 of the system.

Smile

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