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 friend toe on Thu Feb 09, 2012 10:34 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.
considering the above, so it is safer to notify the losing bidders same time/date the NOA to the lcrb is being served?...

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

Post by Jovinal on Fri Feb 10, 2012 7:44 am

That is my point too in fact that can be seen in the footnote of Standard Form No. SF-Goods 50.
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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 10, 2012 5:23 pm

friend toe wrote: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.
considering the above, so it is safer to notify the losing bidders same time/date the NOA to the lcrb is being served?...

We call that the "No Contact Rule" which starts during bid evaluation until the issuance of NOA.

That rule is, however, not absolute, meaning the IRR provides for certain exceptions where the procuring entity (thru the BAC/Secretariat) is allowed to make contact with the bidders.

For example, post-qualification is within that period since it happens after evaluation and prior to issuance of NOA. But during post-qualification, the BAC/TWG is not prohibited from making contact with the bidders, starting with the LCB. The contact is necessary because during post-qualification the BAC/TWG verifies, validates and ascertain the documents and statements submitted by the bidder being post-qualified. In order to do that, contact with the bidder is necessary and therefore that is an exception to the rule. If the bidder is post-disqualified, the BAC is required to "immediately notify the said bidder in writing of its post-disqualification and the grounds for it." (Sec. 34.5)

Another exception is the one in Sec. 32.1 of the IRR itself, which provides for the "No Contact Rule" itself but which ends with the first exception: "However, the BAC, through its Secretariat, may ask in writing the bidder for a clarification of its bid. All responses to requests for clarification shall be in writing."

The last exception, which is the bone of contention in the thread, is the notification to losing bidders, which is provided for in Sec. 37.1.2 of the IRR, which provides as follows:

"Within the 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."
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by friend toe on Fri Feb 10, 2012 10:56 pm

But during post-qualification, the BAC/TWG is not prohibited from making contact with the bidders, starting with the LCB. The contact is necessary because during post-qualification the BAC/TWG verifies, validates and ascertain the documents and statements submitted by the bidder being post-qualified.

sir, i believe this is true considering the above, that we can communicate with the lcb for clarifications as post qualifying is due in this period... but, for safety i mean is that those 2nd, 3rd and so forth lcb's are not supposed to be contacted even to reply to their calls and queries during the post qualification period of the lcb. they shall only be notified after or the same date the lcrb is being justified or notified as the lcrb.

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

Post by friend toe on Fri Feb 10, 2012 11:00 pm

in addition, there are bidders who tend to muddle the issue most particularly they happen to be the 2nd lcb with a very close variation and they contact the bac and disturb the post qualifying process of the lowest bidder as read... Smile

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

Post by RDV @ GP3i on Sat Feb 11, 2012 8:40 am

friend toe wrote:But during post-qualification, the BAC/TWG is not prohibited from making contact with the bidders, starting with the LCB. The contact is necessary because during post-qualification the BAC/TWG verifies, validates and ascertain the documents and statements submitted by the bidder being post-qualified.

sir, i believe this is true considering the above, that we can communicate with the lcb for clarifications as post qualifying is due in this period... but, for safety i mean is that those 2nd, 3rd and so forth lcb's are not supposed to be contacted even to reply to their calls and queries during the post qualification period of the lcb. they shall only be notified after or the same date the lcrb is being justified or notified as the lcrb.

I did not qualify my statement "starting with the LCB" because I know that everybody in this forum knows already that post-qualification starts with the LCB and proceeds with the second if the LCB is post-disqualified, and so on. At any rate, that is not in issue here. The issue is the contact that happens during the No Contact period which are allowed in the IRR.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by engrjhez® on Sat Feb 11, 2012 11:37 pm

May I know what causes alarm on our forum members if the BAC will notify the losing bidders immediately after their resolution of the award (as ahead of the NOA)?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by friend toe on Sun Feb 26, 2012 11:17 pm

may i butt in? how do we go along with the periods? kasi marami din pilosopo sa mga bidders? they tend to ignore tapos sasabihin they didn't receive the notice/letter?...

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

Post by friend toe on Sun Feb 26, 2012 11:25 pm

another concern... dapat sana if possible... to contain the no contact rule... dagdagan ang period when to issue NOA. Add 3 days or more for the sake of issuing notice to losing bidders. Just issue NOA kung wala na talaga impediments or konting reklamo patungkol sa winning or LCB. Hope magkaroon ng amendments dito...

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

Post by RDV @ GP3i on Mon Feb 27, 2012 6:29 am

friend toe wrote:may i butt in? how do we go along with the periods? kasi marami din pilosopo sa mga bidders? they tend to ignore tapos sasabihin they didn't receive the notice/letter?...

The procuring entity/BAC should make sure that when it sends the notification, there should be an acknowledgement of receipt so that the bidder cannot deny when it received said notification.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Mon Feb 27, 2012 6:36 am

friend toe wrote:another concern... dapat sana if possible... to contain the no contact rule... dagdagan ang period when to issue NOA. Add 3 days or more for the sake of issuing notice to losing bidders. Just issue NOA kung wala na talaga impediments or konting reklamo patungkol sa winning or LCB. Hope magkaroon ng amendments dito...

No need for amendment. Since the notification to losing bidders is within the period that the BAC recommends to the HOPE the award of contract to the winning bidder, the BAC can just send the notifications immediately, make sure that they were also received immediately. While waiting for any request for reconsideration (which should not be later than 3 c.d. from receipt by the bidder), if any, the BAC can already forward its recommendation/BAC resolution to the HOPE for approval. Should the BAC receive any request for reconsideration within the period, but prior to approval by the HOPE and/or issuance of the NOA, the BAC can just advise the HOPE that it is in receipt of a request for reconsideration so that the HOPE can withhold issuance of NOA until the issue is resolved.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Mon Feb 27, 2012 11:52 am

Jovinal wrote:That is my point too in fact that can be seen in the footnote of Standard Form No. SF-Goods 50.
subscribing. cheers
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by RDV @ GP3i on Mon Feb 27, 2012 1:04 pm

sunriser431 wrote:
Jovinal wrote:That is my point too in fact that can be seen in the footnote of Standard Form No. SF-Goods 50.
subscribing. cheers

Subscribing to what, sunriser?
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Mon Feb 27, 2012 2:37 pm

RDV @ GP3i wrote:
sunriser431 wrote:
Jovinal wrote:That is my point too in fact that can be seen in the footnote of Standard Form No. SF-Goods 50.
subscribing. cheers

Subscribing to what, sunriser?
The need to update the footnote of Standard Form No. 50 (SF-Good 50). bounce
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by Jovinal on Tue Feb 28, 2012 11:46 am

That is right to avoid CONFUSION.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Tue Feb 28, 2012 12:02 pm

Jovinal wrote:That is right to avoid CONFUSION.
Subcribing again. cheers
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by ram on Thu Mar 15, 2012 10:31 pm

we like to join the bidding on line but we don't know how?Thanks

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

Post by RDV @ GP3i on Fri Mar 16, 2012 6:16 am

ram wrote:we like to join the bidding on line but we don't know how?Thanks

On-line bidding or electronic bidding is not yet possible as of this time.
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by advocacy on Tue Mar 20, 2012 5:35 pm

What if the losing bidders filed an M.R. or wrote their observations to the BAC before they were notified that they were losing bidders?

Is it a violation of the No Contact Policy, and should they be automatically disqualified?

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

Post by engrjhez® on Wed Mar 21, 2012 9:50 am

advocacy wrote:What if the losing bidders filed an M.R. or wrote their observations to the BAC before they were notified that they were losing bidders?

Is it a violation of the No Contact Policy, and should they be automatically disqualified?

No contact rule is derived from Sec.32.1

32.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and
TWG, are prohibited from making or accepting any communication with any bidder
regarding the evaluation of their bids until the issuance of the Notice of Award.
However, the BAC, through its Secretariat, may ask in writing the bidder for a
clarification of its bid. All responses to requests for clarification shall be in writing.

Bidders may choose to write the BAC of the issues or observations but this should not concern the evaluation of their bids nor in any case should "attempt to unduly influence the outcome of the bidding in their favor" as cited under Sec.69.1(h). Smile
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Re: What to be issued first? Notification of bidding Results or Notice of Award

Post by sunriser431 on Wed Mar 21, 2012 11:20 am

advocacy wrote:What if the losing bidders filed an M.R. or wrote their observations to the BAC before they were notified that they were losing bidders?

Is it a violation of the No Contact Policy, and should they be automatically disqualified?
The scenario presented do occur specially in the competive/public biddings and it cannot be avoided completely. I believe the procurement law only prohibits as stated in sectio 32.1 of the GPRA. It cannot be served as basis for the disqualification of the bidders unless during the opening or post qualification stage and the BAC findings will proved otherwise. bounce
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