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Bidders should not have any pending case filed against the SSS????

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Bidders should not have any pending case filed against the SSS????

Post by orlan747 on Fri Apr 16, 2010 1:46 pm

"Bidders should not have any pending case filed against the SSS."

That's one of the eligibility criteria set by SSS on their infrastructure projects. (Maybe on their Goods requirements too.)

I am curious, doesn't this particular requirement violates something, somehow? I mean, would not this particular requirement prevent/ discourage/ dissuade prospective contractor/supplier from filing a case against the SSS even if they have legitimate grievances against it?

I have No case filed against SSS, nor do I intend to. Just asking.. Wink
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Re: Bidders should not have any pending case filed against the SSS????

Post by Guest on Fri Apr 16, 2010 2:20 pm

I believe the decision of the SSS should be final before we can DQ the bidder. Presumption of Innocence before proven guilty. Otherwise we can simply file a malicious complaint to DQ the competitor bidder

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Re: Bidders should not have any pending case filed against the SSS????

Post by orlan747 on Fri Apr 16, 2010 2:43 pm

Hmmm.. the way I understand it, a contractor/bidder is prohibited from participating in the procurement process, IF the said contractor/supplier has a current case filed against the SSS.

I just wonder, how could they check that the prospective bidder is compliant with regards to this requirement? A certification from a court perhaps?
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Re: Bidders should not have any pending case filed against the SSS????

Post by Guest on Fri Apr 16, 2010 2:49 pm

What is required by the IRR is only a statement that a supplier/ contractor is following labor laws and rules.

There must be violation of the rules as to be decided by the courts.

I think a simple verification of the decision of the case is sufficient to determine if such contractor/supplier complied with labor law and rules.

Sir Orlan, saan po makikita ung bawal sumali ang bidder na may SSS case? ask ko lng po


Last edited by Ligaw na Binatog on Fri Apr 16, 2010 2:54 pm; edited 1 time in total

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Re: Bidders should not have any pending case filed against the SSS????

Post by Niwram on Fri Apr 16, 2010 2:50 pm

orlan747 wrote:"Bidders should not have any pending case filed against the SSS."

That's one of the eligibility criteria set by SSS on their infrastructure projects. (Maybe on their Goods requirements too.)

I am curious, doesn't this particular requirement violates something, somehow? I mean, would not this particular requirement prevent/ discourage/ dissuade prospective contractor/supplier from filing a case against the SSS even if they have legitimate grievances against it?

I have No case filed against SSS, nor do I intend to. Just asking.. Wink

I think this requirements set by the SSS does not violate something. I have said that it is not, because if a bidder with a pending case against the SSS will join the bidding, there is a big possibility that decisions that will be issue by the SSS will be bias against a bidder that has a pending case against the it.
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Re: Bidders should not have any pending case filed against the SSS????

Post by Niwram on Fri Apr 16, 2010 3:02 pm

orlan747 wrote:Hmmm.. the way I understand it, a contractor/bidder is prohibited from participating in the procurement process, IF the said contractor/supplier has a current case filed against the SSS.

I just wonder, how could they check that the prospective bidder is compliant with regards to this requirement? A certification from a court perhaps?


Ligaw na binatog is correct that it can be verified or by the certificate issued by the court. this are some example wherein you can verify if a certain bidder has a pending case against the PE.
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Re: Bidders should not have any pending case filed against the SSS????

Post by Guest on Fri Apr 16, 2010 3:13 pm

I want to reiterate that a mere pending case is not sufficient to disqualify or to prohibit a bidder to join a Competitive public bidding. A decision which is final and executory stating that ther is a violation of labor law until such violation is amended ( Pay SSS, give proper salary as ordered by the court etc.)

What is required by the rules are statements that they follow labor laws and SSS is one of them.

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Re: Bidders should not have any pending case filed against the SSS????

Post by karlpaulo on Fri Apr 16, 2010 4:05 pm

I think SSS should have followed what is provided in Section 25.2 (a) (7), to wit: the prospective bidder complies with the existing labor laws and standards.

The revised IRR already provided our prospective bidders of a more simplified declaration they they comply with the labor laws. Hence, PE should not require any statement apart from what are provided in section 25.2

Nevertheless, the PE may still verify the statement submitted by any prospective bidders during post qualification stage. Hence, they are still assured that they will be dealing with a legally, technically and financially capable supplier, contractor etc.

For guidance purposes, you may also check GPPB Circular 01-2008, dated 07 March 2008 (http://www.gppb.gov.ph/issuances/Circulars/2008/01-2008.pdf)


Last edited by karlpaulo on Fri Apr 16, 2010 5:02 pm; edited 1 time in total
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Re: Bidders should not have any pending case filed against the SSS????

Post by sunriser431 on Fri Apr 16, 2010 4:15 pm

orlan747 wrote:"Bidders should not have any pending case filed against the SSS."

That's one of the eligibility criteria set by SSS on their infrastructure projects. (Maybe on their Goods requirements too.)

I am curious, doesn't this particular requirement violates something, somehow? I mean, would not this particular requirement prevent/ discourage/ dissuade prospective contractor/supplier from filing a case against the SSS even if they have legitimate grievances against it?

I have No case filed against SSS, nor do I intend to. Just asking.. Wink
Here the latest opinion of the GPPB. try this link for reference http://www.gppb.gov.ph/opinions/view_opinion.asp?o_id=603 bounce
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Re: Bidders should not have any pending case filed against the SSS????

Post by amang'65 on Fri Apr 16, 2010 5:24 pm

bilib talaga ako sa iyo suriser, ang galing mong maghanap ng mga GPPB opinion. Very Happy
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Re: Bidders should not have any pending case filed against the SSS????

Post by orlan747 on Sat Apr 17, 2010 1:56 am

Let me make the scenario clearer:
  • The procuring entity in this case is the SSS itself.

  • And yes, one of the requirements for eligibility is the fact "that the prospective contractor should have no pending case filed against the SSS."

Ligaw na Binatog wrote:

Sir Orlan, saan po makikita ung bawal sumali ang bidder na may SSS case? ask ko lng po

The said requirement is stipulated in the Bid Data Sheet under ITB Section 5.1 for the infra project of SSS. Said project may be viewed at this webpage: https://www.philgeps.net/GEPS/Tender/BidNoticeAbstractUI.aspx?DirectFrom=OpenOpp&refID=1186225&highlight=true

You may want to download the associated component to see the BDS.

This said requirement is also stipulated in the BID Documents we purchased from SSS. I have raised the question during the pre-bid conference but the BAC stood on its ground. The requirement stays. I did not want to antagonize the BAC by starting an academic debate so I kept my mouth shut. I have never filed a case against them, you see, and I don't intend to start one too.
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Re: Bidders should not have any pending case filed against the SSS????

Post by sunriser431 on Sat Apr 17, 2010 10:28 am

amang'65 wrote:bilib talaga ako sa iyo suriser, ang galing mong maghanap ng mga GPPB opinion. Very Happy
just wanna help, others forum members will do the same. anyway maraming salamat amang65. Smile
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Re: Bidders should not have any pending case filed against the SSS????

Post by sunriser431 on Sat Apr 17, 2010 10:36 am

orlan747 wrote:

The said requirement is stipulated in the Bid Data Sheet under ITB Section 5.1 for the infra project of SSS. Said project may be viewed at this webpage: https://www.philgeps.net/GEPS/Tender/BidNoticeAbstractUI.aspx?DirectFrom=OpenOpp&refID=1186225&highlight=true

You may want to download the associated component to see the BDS. xxxxxxxx
The link provided cannot be viewed, it requires "user name" and "password". bounce
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Re: Bidders should not have any pending case filed against the SSS????

Post by RDV @ GP3i on Sat Apr 17, 2010 11:57 am

orlan747 wrote:"Bidders should not have any pending case filed against the SSS."

That's one of the eligibility criteria set by SSS on their infrastructure projects. (Maybe on their Goods requirements too.)

I am curious, doesn't this particular requirement violates something, somehow? I mean, would not this particular requirement prevent/ discourage/ dissuade prospective contractor/supplier from filing a case against the SSS even if they have legitimate grievances against it?

I have No case filed against SSS, nor do I intend to. Just asking.. Wink

I will ask this SSS regarding this particular requirement. There is an ongoing procurement training being conducted by DAP to SSS, for all those involved in procurement, in 3 batches. I am one of the resource persons invited. The last batch of training will be on April 20-21 and I will definitely ask them about this concern of orlan747.
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Re: Bidders should not have any pending case filed against the SSS????

Post by orlan747 on Sat Apr 17, 2010 12:07 pm

sunriser431 wrote:
orlan747 wrote:

The said requirement is stipulated in the Bid Data Sheet under ITB Section 5.1 for the infra project of SSS. Said project may be viewed at this webpage: https://www.philgeps.net/GEPS/Tender/BidNoticeAbstractUI.aspx?DirectFrom=OpenOpp&refID=1186225&highlight=true

You may want to download the associated component to see the BDS. xxxxxxxx
The link provided cannot be viewed, it requires "user name" and "password". bounce

Sorry about that Sir Sunriser. You may try this link https://www.philgeps.net/GEPS/Tender/SplashBidNoticeAbstractUI.aspx?menuIndex=3&refID=1186225&DirectFrom=OpenOpp&Type=agency&BusCatID=0 , or try to look for it manually from Philgeps under the Construction project or better yet under the Agency: SSS.

If you have no User ID and Password from Philgeps however, you will not be able to download the Associated Component.
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Re: Bidders should not have any pending case filed against the SSS????

Post by orlan747 on Sat Apr 17, 2010 12:23 pm

RDV @ GPPPI wrote:
orlan747 wrote:"Bidders should not have any pending case filed against the SSS."

That's one of the eligibility criteria set by SSS on their infrastructure projects. (Maybe on their Goods requirements too.)

I am curious, doesn't this particular requirement violates something, somehow? I mean, would not this particular requirement prevent/ discourage/ dissuade prospective contractor/supplier from filing a case against the SSS even if they have legitimate grievances against it?

I have No case filed against SSS, nor do I intend to. Just asking.. Wink

I will ask this SSS regarding this particular requirement. There is an ongoing procurement training being conducted by DAP to SSS, for all those involved in procurement, in 3 batches. I am one of the resource persons invited. The last batch of training will be on April 20-21 and I will definitely ask them about this concern of orlan747.

Thank you very much Sir RDV. I will look forward on whatever would be their justification re this requirement.
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Re: Bidders should not have any pending case filed against the SSS????

Post by Guest on Tue Apr 20, 2010 6:08 pm

Awaiting the result of Sir RDVs inquiry...

Loading...

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Re: Bidders should not have any pending case filed against the SSS????

Post by sunriser431 on Tue Apr 20, 2010 11:53 pm

Me too on watch mode bounce
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Re: Bidders should not have any pending case filed against the SSS????

Post by RDV @ GP3i on Thu Apr 22, 2010 9:43 pm

I was able to ask if it is true that SSS has included in its requirement that a bidder should have no pending case filed against the said procuring entity, but I only got a few chuckles for answer. Because I did not get a categorical response, what I did then was just to remind them that they could not include such in its eligibility requirements since they are only limited to the prescribed (no more, no less) Class "A" eligibility requirements. They have to use also the standard format of the Omnibus Sworn Statement, and a statement of no pending case (whether filed for or against them) is not included therein.
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Re: Bidders should not have any pending case filed against the SSS????

Post by Guest on Fri Apr 23, 2010 9:49 am

Thx sir for the effort.

RDV @ GPPPI wrote:They have to use also the standard format of the Omnibus Sworn Statement, and a statement of no pending case (whether filed for or against them) is not included therein.

Sir I would also like to clarify that under GPPB Circular 1-2008 3.2 and 3.3 that the labor case should have been finally adjudged by a competent court of jurisdiction and not simply a pending case.

A simple pending case is not a ground for disqualification for violation of labor laws.

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Re: Bidders should not have any pending case filed against the SSS????

Post by orlan747 on Mon Apr 26, 2010 1:02 pm

Sorry for the delayed reaction sir RDV.

Thank you very much.
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Re: Bidders should not have any pending case filed against the SSS????

Post by advocacy on Thu Apr 12, 2012 4:45 pm

SSS still includes this eligibility requirement in their biddings anyway.

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