FORFEITURE OF BID SECURITY

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FORFEITURE OF BID SECURITY

Post by leighzapanta on Thu Apr 08, 2010 9:41 am

hi everyone, i would like to verify if in case a forfeiture of Bid Security happened, does a bidder still entitled to receive a Notice of Award or does it means outright disqualification.

Please advise.

Thank you.

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Re: FORFEITURE OF BID SECURITY

Post by leighzapanta on Thu Apr 08, 2010 10:22 am

given the scenario as follows:

Dec.9 was the opening of Bids, we received post-disqualification letter to one of our offered item Jan. 19 but was able to reply Jan.27 and claimed not received by the Procuring Entity on time we are written final notification and was able to resend our first answer. We suppose everything is okay be cause they have not replied to our answer for almost one and a half month, then another clarification letter arrived march 22 for another item and we were able to fax our answer march 24 but according to BAC they did not received it, we submitted the original copy of our answer March 29 in compliance to the given seven (7) days for their final notice and was able to comply it, now they are writing to us dated March 24 and was received March 26 forfeiting our bid security or being late in answering their clarifications.

Now we would like to seek help to these following questions:

Can we use the reason to hold the forfeiture of bid security if our our Bid Validity expires prior to their letter of forfeiting of Bid Security . Bid opening is Dec. 9 and bid validity period required is 90 days)

Please advise.

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Re: FORFEITURE OF BID SECURITY

Post by RDV @ GP3i on Thu Apr 08, 2010 5:59 pm

I will try to break-down your case into the following, for clarity. (Please correct me if my understanding of the scenario you gave is wrong):
leighzapanta wrote:
Dec.9 was the opening of Bids, we received post-disqualification letter to one of our offered item Jan. 19 but was able to reply Jan.27
If you received notice of post-disqualification on Jan. 19, you only have until Jan. 22 to file the necessary Motion for Reconsideration. If your reply (which I suppose was an MR) was only made on Jan. 27, on the basis of this alone, you lost your case already.

leighzapanta wrote:and claimed not received by the Procuring Entity on time we are written final notification and was able to resend our first answer.
A word of advice to you as a bidder. Since the law gives bidders only 3 c.d. to file MR, do not mail your MR because the clock will start ticking the moment you have received the notification. After 3 c.d. and the BAC has not yet received your MR, then all is lost with your case. If you mailed it, the BAC cannot wait and should not wait until they received such letter of yours. The fastest way possible should be done. However, for your protection also, you should make sure that receipt of your communication is duly acknowledged by the BAC/BAC Sec. during the period allowed. Otherwise, as has happened to you, they can always deny having received the same.

leighzapanta wrote:We suppose everything is okay be cause they have not replied to our answer for almost one and a half month, then another clarification letter arrived march 22 for another item and we were able to fax our answer march 24 but according to BAC they did not received it, we submitted the original copy of our answer March 29 in compliance to the given seven (7) days for their final notice and was able to comply it, now they are writing to us dated March 24 and was received March 26 forfeiting our bid security or being late in answering their clarifications.
I am a bit confused here because in the earlier part, you mentioned that you received a "post-disqualification letter", but this time what you received is "another clarification letter".

If you have been post-disqualified, then there is no need for further clarification from the BAC. Are you assuming that, based on your reply (which I consider an MR to the post-disqualification letter), because of that clarification letter which you received on March 22, your MR was reconsidered by the BAC, hence they proceeded post-qualifying your company, but this time, they want further clarification?

Again, that denial in having received your answer which you sent thru fax. Although sending by facsimile is one way, may I reiterate, ask for confirmation or acknowledgment of receipt by fax. One way is to call the person to whom you sent the fax to verify if they have actually received your transmittal.

leighzapanta wrote:Now we would like to seek help to these following questions:

Can we use the reason to hold the forfeiture of bid security if our our Bid Validity expires prior to their letter of forfeiting of Bid Security . Bid opening is Dec. 9 and bid validity period required is 90 days)

If your bid is valid for 90 days, your bid security may be valid for 120 c.d. Therefore, in that case, even if your bid is no longer valid, your bid security is still valid; hence, could still be forfeited. Check your bid security validity.

I hope I understand your concerns perfectly, since my answers were based on how I understand the facts.

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