to award or not :(

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to award or not :(

Post by etm on Mon Mar 29, 2010 3:41 pm

hello everyone...i'm having difficulty on how to decide pls help me...there was this bidding of a certain equipment and there were 2 bidders who participated. ideally i did a post-qua on the lowest bidder w/c is of 28,000 lower than the competing bidder (both are w/in ABC). the lowest bidder is complying except for one specification w/c i don't find significant. should i award it? another thing is, the requesitioner seem to opt for the higher bidder's offer.
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Re: to award or not :(

Post by Niwram on Mon Mar 29, 2010 3:54 pm

A bidder that does not submits or is not complying with the specifications provided by the BAC, must be disqualified. Read section 34 of the revised IRR regarding post qualification.
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Re: to award or not :(

Post by Guest on Mon Mar 29, 2010 4:04 pm

You must not award the contract to the bidder whose apparently is disqualified. The specification whether it is significant or not is still a requirement and lacking such requirement is a ground for disqualification.

1 or more Specs are requirements,
no or lacking requirement is disqualified,
lacking specs means the bidder is disqualified.

1 question though, why put a specification which is insignificant?

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Re: to award or not :(

Post by etm on Mon Mar 29, 2010 4:51 pm

ty so much for the replies...what i meant w/ insignificant was it won't affect much of the performance of the equipment. it's actually the Paper Speed Capacity, what was required was 1,300 sheets and the lowest bidder's offer is only 1,000sheets while the higher bidder is complying but w/ a 28,000 bid price higher Smile
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Re: to award or not :(

Post by Guest on Mon Mar 29, 2010 5:42 pm

Then if it is insignificant why put it in the specification in the first place. If you think that you don`t need it in the specs don`t include it. As i`ve said specs is part of the requirement in part or as a whole, lacking 1 specs would be a ground for disqualification of their bid.

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Re: to award or not :(

Post by Niwram on Mon Mar 29, 2010 5:46 pm

etm wrote:ty so much for the replies...what i meant w/ insignificant was it won't affect much of the performance of the equipment. it's actually the Paper Speed Capacity, what was required was 1,300 sheets and the lowest bidder's offer is only 1,000sheets while the higher bidder is complying but w/ a 28,000 bid price higher Smile

Although it may not affect much of the performance of the equipment, still it is below the minimum requirements that was stated in your Bidding document, therefore such bidder is not complying which is subject for the disqualification. even the higher bidder has a bid higher than the other still he complied with the requirements.
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Re: to award or not :(

Post by amang'65 on Mon Mar 29, 2010 11:04 pm

referring to your profile you are a TWG, i believe you may have known your functions. now going to your querry, you said "should i award?" TGWs dont award you simply evaluate, so why bother, let the BAC decide in and recommend the awarding. HOPEs do the awarding.
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Re: to award or not :(

Post by engrjhez® on Tue Mar 30, 2010 12:03 am

etm wrote:hello everyone...i'm having difficulty on how to decide pls help me...there was this bidding of a certain equipment and there were 2 bidders who participated. ideally i did a post-qua on the lowest bidder w/c is of 28,000 lower than the competing bidder (both are w/in ABC). the lowest bidder is complying except for one specification w/c i don't find significant. should i award it? another thing is, the requesitioner seem to opt for the higher bidder's offer.
amang1965 wrote:referring to your profile you are a TWG, i believe you may have known your functions. now going to your querry, you said "should i award?" TGWs dont award you simply evaluate, so why bother, let the BAC decide in and recommend the awarding. HOPEs do the awarding.
Amang is right. Neither the TWG, nor the BAC award. It is the function of the HOPE. We only collegiately recommend.

As to the irrelevant specs, once stated in the bidding documents, becomes relevant. Technical specifications should always be complied - as long as it is stated. Anything less is non-compliant and must be disqualified. Even if there are a lot of advantages of a higher priced bid, we are only bound to recommend award of the lowest bid (for goods).

Smile
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Re: to award or not :(

Post by sunriser431 on Tue Mar 30, 2010 1:36 am

etm wrote:ty so much for the replies...what i meant w/ insignificant was it won't affect much of the performance of the equipment. it's actually the Paper Speed Capacity, what was required was 1,300 sheets and the lowest bidder's offer is only 1,000sheets while the higher bidder is complying but w/ a 28,000 bid price higher Smile
In my opinion if a bid does not meet any of the set criteria, (Technical specs ) shall mean the automatic disqualification of the bidder conversely a complete submission means the qualification of the bidder and will be subject for the award of the contract. n.b. Please dont forget the underlying principle of "non-discretionary criteria" in the evaluation of the Bid. bounce
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Re: to award or not :(

Post by jcolas on Sat Apr 03, 2010 12:06 am

To all the guys and gals out there,

I agree with Amang. The role to award is with the HOPE; but for discussion purposes, I fully agree with all the posters. Any specification that is included in the bid documents shall have to be followed to the letter by a bidder. Non-compliance will automatically disqualify the bidder.
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Re: to award or not :(

Post by countme_in18 on Tue Sep 21, 2010 7:24 am

Is if fair to some bidder to not award them (lowest calculated bid) missing only irrelevant specification as stated in the bidding? specially in procurement of computers, there are cases that you have to offer another brand w/ different specification for some of this hardware is not available in the market already. How would we offer the bid if this is the rule? I mean missing only 1 usb port would make you disqualified?
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Re: to award or not :(

Post by engrjhez® on Tue Sep 21, 2010 7:27 pm

countme_in18 wrote:Is if fair to some bidder to not award them (lowest calculated bid) missing only irrelevant specification as stated in the bidding? specially in procurement of computers, there are cases that you have to offer another brand w/ different specification for some of this hardware is not available in the market already. How would we offer the bid if this is the rule? I mean missing only 1 usb port would make you disqualified?

The context of specification is to provide the minimum standard. As far as bidding is concerned, it is not an exact requirement but shall be taken as minimum requirements in clear and unambiguous terms (Sec.17.2) without referring to brand names (Sec.18).

If you have specified a computer with four ready (4) USB ports, providing a computer with six (6) USB ports is complying. On the other hand, providing a computer with three (3) USB ports will not pass the requirements. With that, it is a YES - missing only 1 usb port would make you disqualified.

In some cases, when the specification is already obsolete, a superior specs must be provided in order to comply. Again, you need not produce an exact product but only an equivalent or more superior specs. Smile
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Re: to award or not :(

Post by countme_in18 on Tue Sep 21, 2010 9:48 pm

Thank you for the reply but I think it's not fair for bidders to be disqualified in just a very immaterial specification, for many government agency using this law to disqualified yung hindi nila preffered supplier. Just imagine kahit exact millimeter size ng casing isinali at pwede naman sanang sabihin if it's small for factor or atx form factor or etc. Nawawala kasi yung purpose ng public bidding
if I may suggest Computer Procurement would only Include
Processor Speed or model
Memory Capacity
Hard Drive Capacity
Optical Drive if any
F loopy drive if any
Casing form Factor or i
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Re: to award or not :(

Post by engrjhez® on Tue Sep 21, 2010 10:17 pm

countme_in18 wrote:Thank you for the reply but I think it's not fair for bidders to be disqualified in just a very immaterial specification, for many government agency using this law to disqualified yung hindi nila preffered supplier. Just imagine kahit exact millimeter size ng casing isinali at pwede naman sanang sabihin if it's small for factor or atx form factor or etc. Nawawala kasi yung purpose ng public bidding
if I may suggest Computer Procurement would only Include
Processor Speed or model
Memory Capacity
Hard Drive Capacity
Optical Drive if any
F loopy drive if any
Casing form Factor or i

My answer was premised under the case where you may have indicated number of USB slots. Pwede naman nga hindi isama yun eh. Later on, pwede naman magdagdag ng addl hub. If you think that specs is immaterial, then wag na lang natin i-indicate.

In the absence of such, there should be no distinction, hence no disqualification for the same. Meaning, if there are no specified number of USB slots, it cannot be ground for disqualification. Smile
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Re: to award or not :(

Post by sunriser431 on Tue Sep 21, 2010 10:49 pm

countme_in18 wrote:Thank you for the reply but I think it's not fair for bidders to be disqualified in just a very immaterial specification, for many government agency using this law to disqualified yung hindi nila preffered supplier. Just imagine kahit exact millimeter size ng casing isinali at pwede naman sanang sabihin if it's small for factor or atx form factor or etc. Nawawala kasi yung purpose ng public bidding
if I may suggest Computer Procurement would only Include
Processor Speed or model
Memory Capacity
Hard Drive Capacity
Optical Drive if any
F loopy drive if any
Casing form Factor or i
If you have any clarification with regards to the specifications, you could have raised it during the pre bid conference, so for now, you can charge it to leaning experience. But all is not lost, many more bidding opportunities to come, if in doubt seek for clarification and you'll be guided . bounce Peace
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Re: to award or not :(

Post by jcolas on Tue Sep 21, 2010 10:59 pm

Thank you for the reply but I think it's not fair for bidders to be disqualified in just a very immaterial specification.

Good evening guys. To countme_in18, immaterial or not as long as the submission is short of the specifications as required by the procuring entity, the bidder has to be declared ineligible in fairness to those bidders who complied.
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Re: to award or not :(

Post by tingjay on Thu Sep 23, 2010 1:17 pm

kulit naman eh...basta kulang ng specs (as long as stated yung specs sa bid docs), even if it is insignificant, disqualified na kaagad yun...kaya during pre-bid conference, the bac should always remind the prospoective bidders to carefully examine the bidding documents specially the requirements and specs...
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Re: to award or not :(

Post by sunriser431 on Thu Sep 23, 2010 10:06 pm

tingjay wrote:kulit naman eh...basta kulang ng specs (as long as stated yung specs sa bid docs), even if it is insignificant, disqualified na kaagad yun...kaya during pre-bid conference, the bac should always remind the prospoective bidders to carefully examine the bidding documents specially the requirements and specs...
so there you have it, well explained. bounce Peace

countme_in18 wrote: xxxx. I mean missing only 1 usb port would make you disqualified?
countme_in18 wrote: xxxx, but I think it's not fair for bidders to be disqualified in just a very immaterial specification,?
For purpose of discussion.
For example, government specification requires 2 USB port. 1 USB port will be use for printer and the other for the external Harddisk (for Back up of data files), or another example, government specs require 1 USB port for use of the optical camera. If we follow your statement that 1 missing USB port is immaterial, for me the specs requirements are there for a purpose, its not for the bidder to assume the immateriality of the requirements. bounce Peace
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