ISSUANCE OF BIDDING DOCUMENTS

Gud evening..just would like to clarify some issues and concerns relative to some procurement activities in our organization..

Our office has actually posted an invitation to bid for the reproduction and printing of wallnewspaper. There were prospective bidders who expressed their intent in participating said bidding. One prospective bidder who have submitted their LOI was actually the bidder who won the bidding conducted on the last quarter of 2009 and eventually have perfected a contract with our office. Until now said bidder has some pending deliveries which, as of this time has already incurred penalties and the office is demanding for its liquidated damages. Is it lawful if our office will not allow said bidder to purchase the bidding documents and not allow them to participate in the current bidding of a new project? can this be a ground for blacklisting of said bidder? Thanks...

Is it lawful if our office will not allow said bidder to purchase the bidding documents and not allow them to participate in the current bidding of a new project?
= Until such bidder is blacklisted, such bidder still can join a public bidding

can this be a ground for blacklisting of said bidder?
= read the guidelines on blacklisting

I recommend that you terminate the contract, demand for liquidated damages and blacklist him.

There is a guidelines on the procedures of blacklisting and you can find that link on GPPB Circulars issued sorry but I need to catch a meeting but as soon as I get back I will help you then. YOu can browse also Appendix 11 page 211 of the 2009 Handbook on RA9184 fifth edition.
Please be reminded that all BAC communications must be written and properly receive and acknowledged by concern parties so things would be in the proper procedures....Alam mo naman sa work natin kailangan di mabutasan otherwise it will bounce back to us.
With situations you have cited then that will be a ground already not to issue and allow that prospective bidder to participate because he has pending deliveries that need to be complied first.
msm326

yeah right...thank you so much msm326...its been a great help....

prakz2010 wrote:Gud evening..just would like to clarify some issues and concerns relative to some procurement activities in our organization..

Our office has actually posted an invitation to bid for the reproduction and printing of wallnewspaper. There were prospective bidders who expressed their intent in participating said bidding. One prospective bidder who have submitted their LOI was actually the bidder who won the bidding conducted on the last quarter of 2009 and eventually have perfected a contract with our office. Until now said bidder has some pending deliveries which, as of this time has already incurred penalties and the office is demanding for its liquidated damages. Is it lawful if our office will not allow said bidder to purchase the bidding documents and not allow them to participate in the current bidding of a new project? can this be a ground for blacklisting of said bidder? Thanks...

Even said bidder has some pending deliveries he can join said bidding. however, you can terminate the previous contract then blacklist said bidder. read blacklisting guidelines http://www.gppb.gov.ph/issuances/Guidelines/2004/Blacklisting.pdf

prakz2010 wrote:yeah right...thank you so much msm326...its been a great help....

you are very much welcome po
msm326

Please comments/suggestions!

It is been our practice and indicated in the IAEB /ITB the schedule for buying of documents to allow bidders to purchase the same even a day before the scheduled opening of bids. One representative of the OBSERVER raised a query why we are doing it, because in their observation selling of bid docs should be only up to the date of the pre-bid conference.

BAC Sec. wrote:Please comments/suggestions!

It is been our practice and indicated in the IAEB /ITB the schedule for buying of documents to allow bidders to purchase the same even a day before the scheduled opening of bids. One representative of the OBSERVER raised a query why we are doing it, because in their observation selling of bid docs should be only up to the date of the pre-bid conference.

Please be guided the Annex "C" (period of action on Procurement activities) of the revised IRR, especially stage 3 ( issuance and availability of bidding documents)

Salamat sa tulong...!

BAC Sec. wrote:Salamat sa tulong...!

You are welcome.

BAC Sec. wrote:Please comments/suggestions!

It is been our practice and indicated in the IAEB /ITB the schedule for buying of documents to allow bidders to purchase the same even a day before the scheduled opening of bids. One representative of the OBSERVER raised a query why we are doing it, because in their observation selling of bid docs should be only up to the date of the pre-bid conference.

Please inform your Observer of the following provisions of Sec. 17.3 of the revised IRR:

"17.3. To provide prospective bidders ample time to examine the Bidding Documents and to prepare their respective bids, the concerned BAC shall make the Bidding Documents for the contract to be bid available for the following period:

a) For the procurement of goods and infrastructure projects, from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids.

b) For the procurement of consulting services, eligibility documents shall be made available from the time the Request for Expression of Interest is first advertised/posted until the deadline for the eligibility check, and the Bidding Documents, from the determination of the short list until the deadline for the submission and receipt of bids.