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award or not to award

Post by mjc on Wed Mar 10, 2010 2:49 pm

the specs on the PR is: Tapes/Adhesives(tape, masking # 1"x 50M)
the suppliers offer is: Tapes/Adhesives(tape, masking # 1"x 30M)

the end-user says its ok but in terms of legality, am i going to award it or not?

need your suggestions. thanks.
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Re: award or not to award

Post by Niwram on Wed Mar 10, 2010 3:03 pm

in my opinion you cannot award the contract because under section 17.2 of the Revised IRR provides that the specifications and other terms in the bidding documents are already minimum requirements or specifications required to meet the needs of the procuring entity in clear and ambiguous terms. therefore, what will the bidder must offer shall not below the minimum.
However, there is no specific provision in the revised IRR that, if a bidder offers something that is different from that provided in the Bidding document, it can be accepted provided it is done during the pre-bid conference and all the bidders agreed on the matter.
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Re: award or not to award

Post by charlie brown on Wed Mar 10, 2010 3:14 pm

mjc wrote:the specs on the PR is: Tapes/Adhesives(tape, masking # 1"x 50M)
the suppliers offer is: Tapes/Adhesives(tape, masking # 1"x 30M)

the end-user says its ok but in terms of legality, am i going to award it or not?

need your suggestions. thanks.

if it was only a small value procurement dapat siguro RFQ ang gamitin instead of PR. If there is still time the PE can just issue another RFQ this time with the revised specs. if is a competitive bidding im afraid the specs offered will not be considered responsive.
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Re: award or not to award

Post by engrjhez® on Wed Mar 10, 2010 5:44 pm

mjc wrote:the specs on the PR is: Tapes/Adhesives(tape, masking # 1"x 50M)
the suppliers offer is: Tapes/Adhesives(tape, masking # 1"x 30M)

the end-user says its ok but in terms of legality, am i going to award it or not?

need your suggestions. thanks.

If I were to vote as BAC member, it would be a NO.

Of course as the end-user, if also a provisional BAC member, may vote for YES. Now it's up to the rest to render the collegiate decision. Decisions must be resolved thru objectivity, and not because "ok na rin". The question kasi is "how can you compare bids, if one bidder submits 30m specs while the rest comply with 50 specs. The one with 30m will definitely win. But are they compliant with the specs. Surely NO. By that, the bidder must be disqualified for non-responsiveness. Very Happy
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Re: award or not to award

Post by Guest on Thu Mar 11, 2010 8:46 am

NO don`t award because it does not fit the specs.
Or you could declare it as failed bidding kung may tailor fitting. Check nyo muna baka naman kasi walang nag mamanufacture ng ganyang specs of masking tape.

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Re: award or not to award

Post by amang'65 on Thu Mar 11, 2010 9:01 am

just wondering, isnt this supposed to be available at the procurement service - Commonly Used Office Supplies, otherwise walang stock available sa PS?
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Re: award or not to award

Post by mjc on Thu Mar 11, 2010 9:48 am

thanks for the info..
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Re: award or not to award

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

you are welcome mjc.
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award or not to award

Post by fe a. araya on Thu Mar 11, 2010 11:01 am

If there is one supplier who offered the right specs although with higher cost than the one who offered a different specs it is not right to award the P.O. to the latter even if his price is the lowest among the quotations. It is not also wise for the end-user to just say, "ok na rin" for it will be disadvantageous to the government. What we need is quality-goods. Even for some end-users, am sure they will prefer those that meet the specs requirements although with higher cost than that which is substandard. Sabi nga, d pwede ang basta "pwede na lang".
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Re: award or not to award

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