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Prebid Conference and Opening

Post by psylocke on Thu Mar 11, 2010 11:19 am

Greetings of Peace and Harmony to all posters!!!! cheers cheers cheers

A prebid is supposedly to be made 12 days from the actual opening of the bid as provided for in the revised IRR what happens then if bid opening is made just 7 days after the prebid conference, is it alright or it should be considered technically incorrect and thus an award should not be made?
confused pig confused
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Re: Prebid Conference and Opening

Post by Niwram on Thu Mar 11, 2010 11:33 am

there is no problem if the timelines provided in the revised IRR was shorten, as long as the procedure and process was followed the procurement will not be affected.
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Re: Prebid Conference and Opening

Post by psylocke on Thu Mar 11, 2010 11:44 am

does this mean that we are allowed not to follow reglamentary periods? if so, what are those periods for?
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Re: Prebid Conference and Opening

Post by Niwram on Thu Mar 11, 2010 11:51 am

It does not mean that you have the right not to follow these timelines.. there are some instances you have the right not to follow these periods, like if the ABC is below 1m, pre-bid conference may be conducted at the discretion of the BAC..
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Re: Prebid Conference and Opening

Post by psylocke on Thu Mar 11, 2010 12:03 pm

regarding the conduct of prebid for items with less than 1m ABC it is specifically noted that the BAC may or may not go through with it, however with respect to the period between prebid and bid opening which should be at least 12 days there is no mention of whether the BAC is allowed to shorten it, as such it must be understood as mandatory and therefore failure to follow such requirement would tantamount to non compliance with the rules, and thereby rendering contracts awarded null and void.
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Re: Prebid Conference and Opening

Post by Niwram on Thu Mar 11, 2010 12:13 pm

You are correct Psylocke.. the number of days provided in annex c of IRR are mandatory..
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Re: Prebid Conference and Opening

Post by psylocke on Thu Mar 11, 2010 12:29 pm

thank you for the affirmation... ingatz and god bless. Smile
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Re: Prebid Conference and Opening

Post by Niwram on Thu Mar 11, 2010 12:30 pm

You are welcome Psylocke..
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Re: Prebid Conference and Opening

Post by charlie brown on Thu Mar 11, 2010 1:37 pm

psylocke wrote:Greetings of Peace and Harmony to all posters!!!! cheers cheers cheers

A prebid is supposedly to be made 12 days from the actual opening of the bid as provided for in the revised IRR what happens then if bid opening is made just 7 days after the prebid conference, is it alright or it should be considered technically incorrect and thus an award should not be made?
confused pig confused

good pm psylocke. Section 22.2 of the IRR says at least 12 cd... or at least 30 cd (as applicable) before the deadline. If this is not followed, it would mean that the BAC did not follow the procedures for the conduct of the bidding, a basis for the HOPE not to approve the recom of the BAC
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Re: Prebid Conference and Opening

Post by charlie brown on Thu Mar 11, 2010 1:40 pm

psylocke wrote:regarding the conduct of prebid for items with less than 1m ABC it is specifically noted that the BAC may or may not go through with it, however with respect to the period between prebid and bid opening which should be at least 12 days there is no mention of whether the BAC is allowed to shorten it, as such it must be understood as mandatory and therefore failure to follow such requirement would tantamount to non compliance with the rules, and thereby rendering contracts awarded null and void.

for goods with an ABC of less than 1 miilion it is not mandatory to conduct the pre-bid. however, if the BAC decides to conduct the same it has to follow the timelines stated
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Re: Prebid Conference and Opening

Post by psylocke on Thu Mar 11, 2010 1:44 pm

thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?
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Re: Prebid Conference and Opening

Post by Niwram on Thu Mar 11, 2010 1:53 pm

psylocke wrote:thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?

yes they will face charges which the COA will decide.
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Re: Prebid Conference and Opening

Post by amang'65 on Thu Mar 11, 2010 1:55 pm

psylocke wrote:thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?


unless otherwise accompanied by a strong justification, probably it may be used as grounds for possible charges especially for clever bidders like orlan.
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Re: Prebid Conference and Opening

Post by charlie brown on Thu Mar 11, 2010 7:44 pm

psylocke wrote:thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?

First the HOPE may not approve the recom of the BAC. if the HOPE approved it just the same then i guess the COA might discover the error and include it in the AOM. Then depending on the implication of the award i.e. if the government was defrauded etc. as a result perhaps a court action may come.
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Re: Prebid Conference and Opening

Post by engrjhez® on Thu Mar 11, 2010 9:22 pm

psylocke wrote:thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?

To clarify, it is the HOPE that awards, not the BAC. The BAC is only recommendatory. As charlie brown correctly pointed out, pre-bid may not be mandatory for ABCs P1M and below, but if a Pre-Bid Conf is conducted, the timelines shall be in effect - and the 12 c.d. will be mandatory.

If both the BAC and the HOPE overlooked this technicality, the only legal remedy on the part of PE is Termination (of Contract) by Convenience. However, if the project was already implemented and was already paid, appropriate charges may be imposed, and either the officials involved or the awarded bidder (or both) shall refund the cost of the disbursements in favor of the government. Very Happy
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Re: Prebid Conference and Opening

Post by riddler on Fri Mar 12, 2010 10:03 am

charlie brown wrote:

First the HOPE may not approve the recom of the BAC. if the HOPE approved it just the same then i guess the COA might discover the error and include it in the AOM. Then depending on the implication of the award i.e. if the government was defrauded etc. as a result perhaps a court action may come.

an sakeet!

a simple "pamalo" from our COA maybe initiated first kung di naman grave offense at kung "no malice" naman sa part ng BAC. matter of fact some LGU's are still groping in the dark sa implemtasyon ng RA 9184 natin lalo na dito sa amin. Very Happy
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Re: Prebid Conference and Opening

Post by engrjhez® on Fri Mar 12, 2010 12:02 pm

riddler wrote:
charlie brown wrote:

First the HOPE may not approve the recom of the BAC. if the HOPE approved it just the same then i guess the COA might discover the error and include it in the AOM. Then depending on the implication of the award i.e. if the government was defrauded etc. as a result perhaps a court action may come.

an sakeet!

a simple "pamalo" from our COA maybe initiated first kung di naman grave offense at kung "no malice" naman sa part ng BAC. matter of fact some LGU's are still groping in the dark sa implemtasyon ng RA 9184 natin lalo na dito sa amin. Very Happy

Truth is, not even the COA Auditors (no offense meant but most of them) are well equipped with procurement proficiency themselves. Local auditors still have to find time in reading the Revised IRR and their Procurement Audit Guidelines for them to see the violations clearly. I suppose this truth will challenge the COA to better improve their observing capabilities.

Problema kung nagbabasa ng forum natin ang mga COA Auditors natin (hellow! Very Happy) Peace po.!
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Re: Prebid Conference and Opening

Post by charlie brown on Fri Mar 12, 2010 12:51 pm

engrjhez® wrote:
riddler wrote:
charlie brown wrote:

First the HOPE may not approve the recom of the BAC. if the HOPE approved it just the same then i guess the COA might discover the error and include it in the AOM. Then depending on the implication of the award i.e. if the government was defrauded etc. as a result perhaps a court action may come.

an sakeet!

a simple "pamalo" from our COA maybe initiated first kung di naman grave offense at kung "no malice" naman sa part ng BAC. matter of fact some LGU's are still groping in the dark sa implemtasyon ng RA 9184 natin lalo na dito sa amin. Very Happy

Truth is, not even the COA Auditors (no offense meant but most of them) are well equipped with procurement proficiency themselves. Local auditors still have to find time in reading the Revised IRR and their Procurement Audit Guidelines for them to see the violations clearly. I suppose this truth will challenge the COA to better improve their observing capabilities.

Problema kung nagbabasa ng forum natin ang mga COA Auditors natin (hellow! Very Happy) Peace po.!

lagot ka engrjhez marami taga COA nagbabasa nito Very Happy
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Re: Prebid Conference and Opening

Post by Niwram on Fri Mar 12, 2010 1:04 pm

riddler wrote:
charlie brown wrote:

First the HOPE may not approve the recom of the BAC. if the HOPE approved it just the same then i guess the COA might discover the error and include it in the AOM. Then depending on the implication of the award i.e. if the government was defrauded etc. as a result perhaps a court action may come.

an sakeet!

a simple "pamalo" from our COA maybe initiated first kung di naman grave offense at kung "no malice" naman sa part ng BAC. matter of fact some LGU's are still groping in the dark sa implemtasyon ng RA 9184 natin lalo na dito sa amin. Very Happy

Pwede nman po kasi mag attend ng trainings regarding the revised IRR to have a better understanding regarding the implementation of RA 9184.. I think the problem is tinatamad lng talaga ang iba.. no offense po.
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Re: Prebid Conference and Opening

Post by sunriser431 on Fri Mar 12, 2010 11:46 pm

psylocke wrote:Greetings of Peace and Harmony to all posters!!!! cheers cheers cheers

A prebid is supposedly to be made 12 days from the actual opening of the bid as provided for in the revised IRR what happens then if bid opening is made just 7 days after the prebid conference, is it alright or it should be considered technically incorrect and thus an award should not be made?
confused pig confused
Section 41. Reservation Clause
The Head of the Procuring Entity reserves the right to reject any and all bids, declare a
failure of bidding, or not award the contract in the following situations:
a) xxxx
b) If the BAC is found to have failed in following the prescribed bidding procedures.

In my opinion the reglementary period prescribe in the GPRA is there for a purpose. example the prospective bidder/s may seek clarification for the requirements and other factors,(Bidder/s and BAC will have their time frame to respond the clarifications/questions/answer in writing), likewise will provide reasonable ample time for the bidder/s to prepare their necessary requiremets for the procurement at hand. bounce
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Re: Prebid Conference and Opening

Post by RDV @ GP3i on Sat Mar 13, 2010 8:47 am

sunriser431 wrote:
psylocke wrote:Greetings of Peace and Harmony to all posters!!!! cheers cheers cheers

A prebid is supposedly to be made 12 days from the actual opening of the bid as provided for in the revised IRR what happens then if bid opening is made just 7 days after the prebid conference, is it alright or it should be considered technically incorrect and thus an award should not be made?
confused pig confused
Section 41. Reservation Clause
The Head of the Procuring Entity reserves the right to reject any and all bids, declare a
failure of bidding, or not award the contract in the following situations:
a) xxxx
b) If the BAC is found to have failed in following the prescribed bidding procedures.

In my opinion the reglementary period prescribe in the GPRA is there for a purpose. example the prospective bidder/s may seek clarification for the requirements and other factors,(Bidder/s and BAC will have their time frame to respond the clarifications/questions/answer in writing), likewise will provide reasonable ample time for the bidder/s to prepare their necessary requiremets for the procurement at hand. bounce

For bidders, if you noticed that the pre-bid was held for less than the required 12 c.d. prior to bid opening, it would be wise to question that during the pre-bid conference so that the BAC is able to correct the situation by issuing a Supplemental/Bid Bulletin moving the deadline for submission and opening of bid to a later date.

What I am afraid about is if the non-compliance to the minimum 12 c.d. period is being deliberately done so that the HOPE could exercise the Reservation Clause if the winning bidder is not to the liking of the procuring entity. Since the bidders do not know if this will happen for sure, it would be wise to do it earlier than later.

For the BAC, it is also wise to follow the required minimum reglementary period because some bidders, though they know that there is a defect, would just wait for the end result. They would not raise the issue beforehand but would raise the issue at the end (by filing MR) if they turn out to be the losing bidders. If it does happen, the BAC/HOPE may be forced to declare a failure of bidding, which is both waste of time and money.
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Re: Prebid Conference and Opening

Post by orlan747 on Thu Mar 25, 2010 6:00 pm

amang1965 wrote:
psylocke wrote:thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?


unless otherwise accompanied by a strong justification, probably it may be used as grounds for possible charges especially for clever bidders like orlan.

Hmmm.. thanks Amang, kung ako yang Orlan na tinutukoy mo. Cool
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Re: Prebid Conference and Opening

Post by amang'65 on Fri Mar 26, 2010 10:57 am

orlan747 wrote:
amang1965 wrote:
psylocke wrote:thank you kind sir for the re affirmation of my post. just want to ask some more though, if the BAC members made the award even though the conduct of prebid and opening was shortened, will they be facing charges?


unless otherwise accompanied by a strong justification, probably it may be used as grounds for possible charges especially for clever bidders like orlan.

Hmmm.. thanks Amang, kung ako yang Orlan na tinutukoy mo. Cool


ah hindi ikaw yun, si orlan007 yun.
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