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Request for reconsideration of bidders declared as inelligible

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Request for reconsideration of bidders declared as inelligible

Post by fe a. araya on Wed Feb 24, 2010 11:56 am

For purposes of discussion:

1. What will be the action of the BAC on requests for reconsideration of bidders, say for consulting services) who were declared inelligible during the eligibility check considering the non-discretionary "pass or fail" criterion of the IRR and as stated in the REI?

2. While old IRR-A (Sec. 24.13 provides that inellgible consultants "have three (3) calendar days upon receipt of written notice", the revised IRR is silent on this. Hence, does it mean that in the revised IRR the inelligble bidders are not given that option to request for recon for the action of the BAC during the eligibility check?
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Re: Request for reconsideration of bidders declared as inelligible

Post by Guest on Wed Feb 24, 2010 12:07 pm

1. The BAC may deny or approve the MR. The approval of the MR will reverse the decision of declaring the bidder as ineligible. The effect is that the bidder will be included in the ranking of the lowest bidders.

2.Section 55.1 provides within 3 days upon reciept of the notice of the decision of the BAC, the bidder may file a MR.

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Re: Request for reconsideration of bidders declared as inelligible

Post by fe a. araya on Wed Feb 24, 2010 1:38 pm

Thanks Pritong Kandule for that very prompt reply. i stand corrected on my #2 question. I overlooked the Rule on Protest Mechanism. Thanks again
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Re: Request for reconsideration of bidders declared as inelligible

Post by Guest on Wed Feb 24, 2010 1:42 pm

No prob

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Re: Request for reconsideration of bidders declared as inelligible

Post by misty on Thu Oct 14, 2010 12:40 pm

gud am. i am glad that the number of posters has increased since the last time i posted my query several moons ago.

i have a question. may I know if the BAC is obliged to answer the MR? I mean, isn't it a given that if the MR is not replied to within the period prescribed, it simply means that the MR is denied? Is there such a thing?

thank you.
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Re: Request for reconsideration of bidders declared as inelligible

Post by engrjhez® on Thu Oct 14, 2010 7:01 pm

misty wrote:gud am. i am glad that the number of posters has increased since the last time i posted my query several moons ago.

i have a question. may I know if the BAC is obliged to answer the MR? I mean, isn't it a given that if the MR is not replied to within the period prescribed, it simply means that the MR is denied? Is there such a thing?

thank you.
A Motion for Reconsideration (MR) just like any transaction in the government must be dealt with or complied accordingly in a timely manner. reply to MR must be served within seven (7) calendar days (Sec.55.1). This is consistent with the Anti-Red Tape Act (RA 9485), where simple transactions must be responded or replied accordingly within five (5) working days. Smile
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Re: Request for reconsideration of bidders declared as inelligible

Post by RDV @ GP3i on Fri Oct 15, 2010 7:24 am

misty wrote:gud am. i am glad that the number of posters has increased since the last time i posted my query several moons ago.

i have a question. may I know if the BAC is obliged to answer the MR? I mean, isn't it a given that if the MR is not replied to within the period prescribed, it simply means that the MR is denied? Is there such a thing?

thank you.

Hi, misty. Long time no hear. I am glad you're back.

BAC is obligated to answer an MR (no matter how ridiculous it may sound.) While the BAC has to act on the MR within 7 c.d. from receipt, if it is not replied to within that period, it does not automatically mean it is denied. On the other hand, it does not also mean that it is considered approved since the BAC failed to act on the MR within the reglementary period.

What does it mean if you don not act on the MR? It means that you deprived the bidder the right to file a Protest because the latter can only be availed of by the bidder once the MR has been denied. It also means that the bidder was not able to exhaust his administrative remedies granted to him as a matter of right by RA 9184 and its IRR. In that case, the bidder can file the appropriate relief in court (TRO or injunction) against the BAC and the procuring entity.

In other words, you might only be creating problems for the BAC and the procuring entity by not responding to an MR. No matter if it is already late, if it is already beyond the 7 c.d. within which the BAC should act on the MR, just the same dispose of the MR by acting on it.
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Re: Request for reconsideration of bidders declared as inelligible

Post by misty on Fri Oct 15, 2010 9:53 am

Thank you so much Sir RDV and Engrjhez for the early( I mean really early @6am) replies.
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Re: Request for reconsideration of bidders declared as inelligible

Post by Guest on Sat Nov 27, 2010 10:55 pm

what about if the motion is to be granted by the BAC for merit, what steps shall be undertaken by the BAC? should another bid opening be conducted?

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Re: Request for reconsideration of bidders declared as inelligible

Post by RDV @ GP3i on Sun Nov 28, 2010 10:44 am

eagerlearner wrote:what about if the motion is to be granted by the BAC for merit, what steps shall be undertaken by the BAC? should another bid opening be conducted?


Welcome to the forum eagerlearner.

The BAC will have to convene to deliberate on the MR filed by the bidder. The BAC has only 7 c.d. to decide on the MR. If the bidder was disqualified during the opening of the first envelope, and the BAC has reconsidered it decision based on merit, the BAC will notify the bidder of its decision and notify the same and all the other bidders for the opening of the 2nd envelope of the said bidder.
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Re: Request for reconsideration of bidders declared as inelligible

Post by Guest on Tue Dec 07, 2010 3:36 pm

Good day.

If during bid evaluation, the BAC, on closer scrutiny finds out that one of the eligibility document of a bidder rated passed was invalid, what should the BAC do?

More power to you! I am encouraging friends to use this online forum. It is really helpful...

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Re: Request for reconsideration of bidders declared as inelligible

Post by engrjhez® on Tue Dec 07, 2010 8:35 pm

eagerlearner wrote:Good day.

If during bid evaluation, the BAC, on closer scrutiny finds out that one of the eligibility document of a bidder rated passed was invalid, what should the BAC do?

More power to you! I am encouraging friends to use this online forum. It is really helpful...

My answer shall be quoting "23.7. Notwithstanding the eligibility of a prospective bidder, the procuring entity concerned reserves the right to review the qualifications of the bidder at any stage of the procurement process if the procuring entity has reasonable grounds to believe that a misrepresentation has been made by the said prospective bidder, or that there has been a change in the prospective bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility requirements, statements or documents, or any changes in the situation of the prospective bidder which will affect the capability of the bidder to undertake the project so that it fails the eligibility criteria, the procuring entity shall consider the said prospective bidder as ineligible and shall disqualify it from obtaining an award or contract, in accordance with Rules XXI, XXII, and XXIII of this IRR."

Smile

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Re: Request for reconsideration of bidders declared as inelligible

Post by Guest on Wed Dec 08, 2010 1:23 pm

thank you very much, sir...

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Re: Request for reconsideration of bidders declared as inelligible

Post by mcarpizo on Wed Jun 22, 2011 2:17 pm

good p.m. our concern is about the signature of our prospective bidders, wala kasing signature ang DTI/Mayor's Permit, Business Permit, at saka PCAB, ng aming mga LCB, can we disqualify them after the post-qualification? of can we consider them for award?

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Re: Request for reconsideration of bidders declared as inelligible

Post by engrjhez® on Wed Jun 22, 2011 4:49 pm

mcarpizo wrote:good p.m. our concern is about the signature of our prospective bidders, wala kasing signature ang DTI/Mayor's Permit, Business Permit, at saka PCAB, ng aming mga LCB, can we disqualify them after the post-qualification? of can we consider them for award?

As a basic rule, the BAC should conduct a complete validation of the documents submitted, with or without signature. In my opinion, the substance of documents must prevail over other factors. Smile
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