Invoice/Acceptance Letter is it both acceptable?

View previous topic View next topic Go down

Invoice/Acceptance Letter is it both acceptable?

Post by ideasnco on Fri Mar 06, 2009 4:33 pm

Good Day!

I just heard from my colleague that we lost in the bidding in San Fernando La Union just now, because the BAC was looking for the acceptance letter from the clients we had. My colleague reasoned that almost if not all our clients are from the the Government and the procedures are the same, we never had any problem with our documents specially with that of the acceptance from the clients even if we don't have one because we are attaching the invoices and or sometimes the DRs and ORs. It is just petty-a-reason to declare us ineligible when they could easily verify the contracts we had and if it were received or accepted by our clients. Sad to say, the BAC chairman said when my colleague reasoned these things that their procedure is different from the other government agencies even when she was reminded that RA 9184 and the checklist of the IAEB is the same. In situations like this, we could no longer argue with them because we just don't stand a chance arguing with them, 'cause they are always right. And contractors like me, instead of playing fair in this business would rather resort to corruption to be favored, because there is just no protection for the thriving business people like us. Who could we turn to? It is not that I am so desperate or sour graping, I have my share of blessings even without resorting to corruption, it is just that I have experienced being talked out for a transaction in the government so it just saddens me.

ideasnco
New Member
New Member

Male Number of posts : 9
Company/Agency : IDEAS ASSOCIATED SOLUTIONS
Occupation/Designation : Representative
Registration date : 2009-03-02

Back to top Go down

Re: Invoice/Acceptance Letter is it both acceptable?

Post by engrjhez® on Fri Mar 06, 2009 6:31 pm

Based on your story, you are disqualified outright in the eligibility screening (is that right?)
ideasnco wrote:...It is just petty-a-reason to declare us ineligible when they could easily verify the contracts we had and if it were received or accepted by our clients...
Section 23.2 states:

"In relation to Section 25 on submission and receipt of bids, and subject to the
provisions of Section 21.3 of this IRR-A, the BAC shall determine if each
prospective bidder is eligible to participate in the bidding by examining the
completeness of each prospective bidder’s eligibility requirements or statements
against a checklist of requirements, using a non-discretionary “pass/fail” criteria,
as stated in the Invitation to Apply for Eligibility and to Bid, and shall be
determined as either “eligible” or “ineligible.” If a prospective bidder submits
the specific eligibility document required, it shall be rated “passed” for that
particular requirement.
In this regard, failure to submit a requirement, or an
incomplete or patently insufficient submission, shall be considered “failed” for
the particular eligibility requirement concerned. If a prospective bidder is rated
“passed” for all the eligibility requirements, it shall be considered eligible to
participate in the bidding, and the BAC shall mark the set of eligibility documents
of the prospective bidder concerned as “eligible.” If a prospective bidder is
rated “failed” in any of the eligibility requirements, it shall be considered
ineligible to participate in the bidding, and the BAC shall mark the set of
eligibility documents of the prospective bidder concerned as “ineligible.” In
either case, the markings shall be countersigned by the BAC chairperson or duly
designated authority."


Now, let's look on Section 23.6.1.g

g.1. Ongoing, Completed or Awarded but not yet started: within the
relevant period, where applicable. The statement shall include, for each
contract
, the following:
g.1.1. For the procurement of goods:
(i) the name of the contract;
(ii) date of the contract;
(iii) kinds of goods sold;
(iv) amount of contract and value of outstanding contracts;
(v) date of delivery;
(vi) end user’s acceptance, if completed; and
(vii) specification whether prospective bidder is a
manufacturer, supplier or distributor;


Unfortunately, what was enforced was valid on the provisions underlined above. Absence in any or all of end user's acceptance (if completed) for the declared projects, is a non-discretionary "fail" of the eligibility check.

Looking back to your statement:
ideasnco wrote:...It is just petty-a-reason to declare us ineligible when they could easily verify the contracts we had and if it were received or accepted by our clients...

I hope my statements don't sound biased. The underlined cannot be argued to be enforced outright because of the "non-discretionary" principle in eligibility check. If it (your bid) had been eligible, only in the post qualification process can the validity of the "statement of ...projects" be looked upon and verified.

Please be very careful on these technicalities.
Wink
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Technicalities

Post by ideasnco on Fri Mar 06, 2009 11:04 pm

I just hope that all the BAC in the philippines have just one standard operating procedure so that bidders don't get misled by their considerations. Though there is one procurement law, I hope every BAC follows the same interpretation as the policy is stating.

ideasnco
New Member
New Member

Male Number of posts : 9
Company/Agency : IDEAS ASSOCIATED SOLUTIONS
Occupation/Designation : Representative
Registration date : 2009-03-02

Back to top Go down

Re: Invoice/Acceptance Letter is it both acceptable?

Post by engrjhez® on Fri Mar 06, 2009 11:46 pm

I hope you don't get disappointed with what happened. Very sad to say that certain rules are subjected to may "twists and turns" in favor of some vested interests.

As a public servant myself, I never lost hope and never have I ceased in dreaming that some time in the near future, the government can achieve a perfectly completed procurement process with full transparency, fairness, reliability, and accountability.

So let's dream on... Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Let's all hope for that!

Post by ideasnco on Tue Mar 10, 2009 12:44 pm

I am disappointed not because I lost the bidding, I have my own share of blessings in other government funded projects and it is petty a reason to be so for just one project. I am just so sick and tired of hearing and knowing that there are so many interpretations in the RA 9184 by different BAC. However, these are the same reasons why our company is becoming more competitive and more wiser. I am just disappointed on how things go in the Government Procurement Policies in different sectors and I commend people like you Engr. who strives to be the best of what you are in a world packed with wild agendas. I am one with you with the vision of promoting a corrupt-free procurement.

God Bless and I hope you be more of help not just to me but to those who are in this same field as ours.

ideasnco
New Member
New Member

Male Number of posts : 9
Company/Agency : IDEAS ASSOCIATED SOLUTIONS
Occupation/Designation : Representative
Registration date : 2009-03-02

Back to top Go down

Re: Invoice/Acceptance Letter is it both acceptable?

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum