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Sample Form (Omnibus Sworn Statement)

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Re: Sample Form (Omnibus Sworn Statement)

Post by charlie brown on Tue Mar 09, 2010 3:11 pm

RDV @ GPPPI wrote:
charlie brown wrote:
RDV @ GPPPI wrote:
engrjhez® wrote:
RDV @ GPPPI wrote:
I have some doubts on whether you may change/modify the Omnibus Sworn Statement for the following reasons:

1. The Omnibus Sworn Statement is not just a Sample Form, it is part of the standard forms prescribed by the GPPB;

2. Sec. 25.2(a)(iv) of the revised IRR provides that the "Sworn statement by the prospective bidder or its duly authorized representative in the form prescribed by the GPPB..."

In the case of sole proprietorships, I think the real intention is for the sole proprietor to be the one executing the affidavit and not "his duly authorized representative."

RDV @ GPPPI

I would definitely agree with that as I share that same understanding.

However, my concern is that: in introducing the OSS, we have (i think) overlooked the possibility of authorizing someone else in preparing and signing the bidding documents. The sole proprietor is indeed the one who should accomplish the OSS but if he/she cannot attend, decide, or sign in the actual procurement proceeding, isn't it logical to introduce an "authorized bid signatory" as may be added with Section 2?

Otherwise, an authority equivalent to SPA or Secretary's Certificate must be submitted in addition to the documents under first envelope (eligibility and technical envelope). Very Happy

I think, if the bidder is an individual or sole proprietor, he/she should be the only one authorized to sign not only the OSS but also his/her bid documents. Someone else could prepare the documents but he/she should be the one signing the documents and no other.

However, he/she could authorize somebody else to submit the bidding documents and/or attend the pre-bid conference and bid opening.

Exactly, and in that sense i think there is a need to modify the OSS. an authorized rep is logical particularly for small entreprenuers "na kailangan meron bantay sa tindahan kaya di pwede maka attend bid openning"

The authorized representative to submit bid, attend pre-bid conference, and attend bid opening is not covered by that OSS which is included in the Technical Proposal.

If the bidder is designating his representative for the purpose of submitting and attending the pre-bid and/or bid opening, it should be covered by a separate authorization which is not part of the Technical Proposal but should be presented to the BAC Secretariat.

there are two things we are talking about here. the bidders representative and the authorized signatory although both could come in the form of one person. for partnerships and corporations, it is necessary to have an authorized signatory to represent the partnership or the corporation as it would be inconvenient for all of them to sign on the bid docs. Other than the authorized signatory, some corporations may have the need to authorize somebody to attend the procurement activities thus the need to authorize somebody to attend and sign notices, but need not be the one to sign the bid docs. for partnerships and corporations, if the authorized signatory is also representing the bidding then all is covered as shown in 2nd paragraph of item 2 of the OSS. If not, then there is a need to modify the OSS to incorporate the information and at the same time give a copy of the letter authorizing said representative to the BAC before the start of the bidding so said rep can be permitted to attend. For sole proprietorships, there is no such flexibility.
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Re: Sample Form (Omnibus Sworn Statement)

Post by sunriser431 on Tue Mar 09, 2010 3:35 pm

charlie brown wrote:
RDV @ GPPPI wrote:
charlie brown wrote:
RDV @ GPPPI wrote:
engrjhez® wrote:
RDV @ GPPPI wrote:
I have some doubts on whether you may change/modify the Omnibus Sworn Statement for the following reasons:

1. The Omnibus Sworn Statement is not just a Sample Form, it is part of the standard forms prescribed by the GPPB;

2. Sec. 25.2(a)(iv) of the revised IRR provides that the "Sworn statement by the prospective bidder or its duly authorized representative in the form prescribed by the GPPB..."

In the case of sole proprietorships, I think the real intention is for the sole proprietor to be the one executing the affidavit and not "his duly authorized representative."

RDV @ GPPPI

I would definitely agree with that as I share that same understanding.

However, my concern is that: in introducing the OSS, we have (i think) overlooked the possibility of authorizing someone else in preparing and signing the bidding documents. The sole proprietor is indeed the one who should accomplish the OSS but if he/she cannot attend, decide, or sign in the actual procurement proceeding, isn't it logical to introduce an "authorized bid signatory" as may be added with Section 2?

Otherwise, an authority equivalent to SPA or Secretary's Certificate must be submitted in addition to the documents under first envelope (eligibility and technical envelope). Very Happy

I think, if the bidder is an individual or sole proprietor, he/she should be the only one authorized to sign not only the OSS but also his/her bid documents. Someone else could prepare the documents but he/she should be the one signing the documents and no other.

However, he/she could authorize somebody else to submit the bidding documents and/or attend the pre-bid conference and bid opening.

Exactly, and in that sense i think there is a need to modify the OSS. an authorized rep is logical particularly for small entreprenuers "na kailangan meron bantay sa tindahan kaya di pwede maka attend bid openning"

The authorized representative to submit bid, attend pre-bid conference, and attend bid opening is not covered by that OSS which is included in the Technical Proposal.

If the bidder is designating his representative for the purpose of submitting and attending the pre-bid and/or bid opening, it should be covered by a separate authorization which is not part of the Technical Proposal but should be presented to the BAC Secretariat.

there are two things we are talking about here. the bidders representative and the authorized signatory although both could come in the form of one person. for partnerships and corporations, it is necessary to have an authorized signatory to represent the partnership or the corporation as it would be inconvenient for all of them to sign on the bid docs. Other than the authorized signatory, some corporations may have the need to authorize somebody to attend the procurement activities thus the need to authorize somebody to attend and sign notices, but need not be the one to sign the bid docs. for partnerships and corporations, if the authorized signatory is also representing the bidding then all is covered as shown in 2nd paragraph of item 2 of the OSS. If not, then there is a need to modify the OSS to incorporate the information and at the same time give a copy of the letter authorizing said representative to the BAC before the start of the bidding so said rep can be permitted to attend. For sole proprietorships, there is no such flexibility.
I'll be on watch mode, this topic getting interesting cheers
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Re: Sample Form (Omnibus Sworn Statement)

Post by riddler on Tue Mar 09, 2010 4:24 pm

Can the Affidavit of Site Inspection (for Infra) be included as well in the OSS? is it not required anymore under the amended IRR? Very Happy
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Re: Sample Form (Omnibus Sworn Statement)

Post by RDV @ GP3i on Tue Mar 09, 2010 4:27 pm

charlie brown wrote:
RDV @ GPPPI wrote:
The authorized representative to submit bid, attend pre-bid conference, and attend bid opening is not covered by that OSS which is included in the Technical Proposal.

If the bidder is designating his representative for the purpose of submitting and attending the pre-bid and/or bid opening, it should be covered by a separate authorization which is not part of the Technical Proposal but should be presented to the BAC Secretariat.

there are two things we are talking about here. the bidders representative and the authorized signatory although both could come in the form of one person. for partnerships and corporations, it is necessary to have an authorized signatory to represent the partnership or the corporation as it would be inconvenient for all of them to sign on the bid docs. Other than the authorized signatory, some corporations may have the need to authorize somebody to attend the procurement activities thus the need to authorize somebody to attend and sign notices, but need not be the one to sign the bid docs. for partnerships and corporations, if the authorized signatory is also representing the bidding then all is covered as shown in 2nd paragraph of item 2 of the OSS.

I agree with you up to this point.

charlie brown wrote:If not, then there is a need to modify the OSS to incorporate the information and at the same time give a copy of the letter authorizing said representative to the BAC before the start of the bidding so said rep can be permitted to attend. For sole proprietorships, there is no such flexibility.

However, with due respect, I have a different view here. As far as I see it, there is no need to modify the OSS as I have argued earlier. The OSS has a different purpose. The statements in the OSS are quite clear and the OSS is part of the Technical Proposal.

An authority to submit bid, attend pre-bid, or bid opening need not be part of the Technical Proposal; hence, does not have to be included in the OSS. The OSS will only be viewed during bid opening, but the authority to submit bid, attend pre-bid, or bid opening has to be already there submitted during those activities. What would be the problem of the bidder submitting that authority in advance and separate from the OSS? I don't see any. So, I don't see also the reason why there is a need to modify the OSS. The OSS is a standard form prescribed by the GPPB.
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Re: Sample Form (Omnibus Sworn Statement)

Post by sunriser431 on Wed Mar 10, 2010 12:34 am

The requirement of OSS is mandatory for Public bidding, per my observation/experience almost all of the participating prospective bidder/s in the competitive bidding (public bidding) either a partnership, corporation, cooperative, or joint venture, but for AMP the requirement for OSS maybe dispense with. ex shopping bounce
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Re: Sample Form (Omnibus Sworn Statement)

Post by RDV @ GP3i on Wed Mar 10, 2010 8:30 am

sunriser431 wrote:The requirement of OSS is mandatory for Public bidding, per my observation/experience almost all of the participating prospective bidder/s in the competitive bidding (public bidding) either a partnership, corporation, cooperative, or joint venture, but for AMP the requirement for OSS maybe dispense with. ex shopping bounce

Well, that the OSS is mandatory in public bidding is a given.
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Re: Sample Form (Omnibus Sworn Statement)

Post by charlie brown on Wed Mar 10, 2010 11:29 am

RDV @ GPPPI wrote:
charlie brown wrote:
RDV @ GPPPI wrote:
The authorized representative to submit bid, attend pre-bid conference, and attend bid opening is not covered by that OSS which is included in the Technical Proposal.

If the bidder is designating his representative for the purpose of submitting and attending the pre-bid and/or bid opening, it should be covered by a separate authorization which is not part of the Technical Proposal but should be presented to the BAC Secretariat.

there are two things we are talking about here. the bidders representative and the authorized signatory although both could come in the form of one person. for partnerships and corporations, it is necessary to have an authorized signatory to represent the partnership or the corporation as it would be inconvenient for all of them to sign on the bid docs. Other than the authorized signatory, some corporations may have the need to authorize somebody to attend the procurement activities thus the need to authorize somebody to attend and sign notices, but need not be the one to sign the bid docs. for partnerships and corporations, if the authorized signatory is also representing the bidding then all is covered as shown in 2nd paragraph of item 2 of the OSS.

I agree with you up to this point.

charlie brown wrote:If not, then there is a need to modify the OSS to incorporate the information and at the same time give a copy of the letter authorizing said representative to the BAC before the start of the bidding so said rep can be permitted to attend. For sole proprietorships, there is no such flexibility.

However, with due respect, I have a different view here. As far as I see it, there is no need to modify the OSS as I have argued earlier. The OSS has a different purpose. The statements in the OSS are quite clear and the OSS is part of the Technical Proposal.

An authority to submit bid, attend pre-bid, or bid opening need not be part of the Technical Proposal; hence, does not have to be included in the OSS. The OSS will only be viewed during bid opening, but the authority to submit bid, attend pre-bid, or bid opening has to be already there submitted during those activities. What would be the problem of the bidder submitting that authority in advance and separate from the OSS? I don't see any. So, I don't see also the reason why there is a need to modify the OSS. The OSS is a standard form prescribed by the GPPB.

My issue is more on the consistency. One will note that for partnerships and corporations the OSS clearly mentions a representation in the bidding as one of the delegated or authorized tasks. it will also be notes that the title of the signatory at the bottom mentions "Bidders Representative/Authorized Signatory" clearly showing that the representation in the bidding activities is part of the OSS. However as i have noted, this flexibility is not available to sole proprietorships. The submission of a letter to the BAC as to the bidders representative is necessary of course and must be submitted in advance since the BAC needs to know who will be permitted to attend the activities as a representative - as i have mentioned previously.
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Re: Sample Form (Omnibus Sworn Statement)

Post by nsaldania on Thu Aug 26, 2010 10:49 pm

Can anyone please help me obtain forms needed for barangay projects and procurement of common supplies? ( also for barangays) including Sample Bac resolution forms.. I am new to the business and so I don't have all the necessary forms needed. My e-mail is nsaldania@msn.com.. I appreciate all the help..
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Re: Sample Form (Omnibus Sworn Statement)

Post by engrjhez® on Thu Aug 26, 2010 10:58 pm

nsaldania wrote:Can anyone please help me obtain forms needed for barangay projects and procurement of common supplies? ( also for barangays) including Sample Bac resolution forms.. I am new to the business and so I don't have all the necessary forms needed. My e-mail is nsaldania@msn.com.. I appreciate all the help..

Welcome to this forum nsaldania,

You can obtain those forms directly from the barangay (or any government office) conducting the procurement. They are to provide you the bidding documents (in case of competitive public bidding) and canvass forms (in case of Shopping and SVPs). You need not have the sample BAC Resolution form as it is intended for the BAC - not for suppliers to bother.

Download a copy of PBD from the "running message" link above to have some of those sample forms. Smile
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Re: Sample Form (Omnibus Sworn Statement)

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