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failure of bidding

Post by fearofpain on Sun Nov 16, 2008 7:25 am

good morning

i have just been in a convention in isabela, and one of my colleagues shared an info that a bidding was conducted in lms denr region 3, as it turned out the results was a failure of bid, (good for me in a way since i wasnt able to bid) but when i asked the bidder he said that there was still no formal or verbal notice to him, and basing on information again that the reason for the failure of bidding is that he was the lone bidder, i have seen the republication of the bid in a newspaper yesterday and plan to bid, my question is could the lone bidder on the failed bid, ask for an appeal or consideration even if there is already a republication in a newspaper?, im asking because the eligibility and bid documents are worth about 15 thousand and i dont want to risk that amount for another failed bid due to technicalities. my second question can the rbac declare failure of bid if theres only one bidder assuming he has completed all the necessary documents prescribed in the bid documents. hope you could help thanks,

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Re: failure of bidding

Post by RDV @ GP3i on Mon Nov 17, 2008 7:35 pm

Gud evening, fearofpain:

Since the lone bidder, as you said, has not been officially informed of the reason for the failure, you cannot assume that the reason is because he/she is the lone bidder. Failure of bidding cannot be declared for reason that there is only one single bidder. Even if there is only bidder, bidding process continues. Under the law, the BAC shall inform the bidder in writing of the reason for his/her disqualification which eventually led to the declaration of the failure of bidding and he/she has 3 calendar days from receipt of that written notice to file a motion for reconsideration. If he/she is present during bid opening, verbal notification shall be enough but, again, he/she is still given 3 calendar days from being verbally informed to file an MR. If there is already a "republication" in a newspaper, but the BAC has not notified the bidder yet, that is the BAC's problem.

What I can advise you is, before buying the bidding documents, inquire with the BAC Secretariat about your particular concern. Maybe your colleague has not given you the entire picture.

RDV
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FAILURE OF BIDDING

Post by engrjhez® on Mon Dec 15, 2008 10:01 pm

I would agree with RDV. (By the way, thanks for gracing us at Bacoor!)

As BAC Secretary myself, I should know the reasons for re-posting the project. If the reason for failure of bidding seemed to be questionable, the next best thing to do (if you know the lone bidder) is to ask him if he intends to file a Request for Reconsideration (RFR) within the prescribed period (3 days?). Failure on the part of contesting bidder to file RFR and failure to post the payment for Protest Fee automatically waive his right to intervene with the result.

The bidder is not informed? Maybe yes, but the "repealing clause" in the IAEB's must call the attention of the bidder to be vigilant at all times, to attend to the bidding procedures because the bidder may not be awarded, and can never be imdemnified of the costs incurred by the process.
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FAILURE OF BIDDING

Post by RDV @ GP3i on Tue Dec 16, 2008 11:42 am

Engrjhez, my pleasure. Just a few comments on your post.

First, in filing the Request/Motion for Reconsideration,
the bidder does not have to post a Protest Fee yet.
It is required only if the bidder is filing a Protest. A Protest
may be filed with the HOPE only if his RFR has been denied
by the BAC. We should also remember that the bidder
has the right to know the result of the bidding process,
that is why we had to notify him of his disqualification
during the eligibility check/bid opening (Sec. 24.13, and
30.3 of IRR-A), or of his post-disqualification (Sec 34.4, IRR-A).

Second, maybe you refer to the "Reservation Clause" in the IAEB,
not to a "repealing clause". While the procuring entity can
exercise the Reservation Clause, it is, however, important that
the use of the said right should be grounded on the provisions
Section 41 which provides the instances by which the said clause
may be exercised by the procuring entity/HOPE.

RDV
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RE: Failure of Bidding

Post by engrjhez® on Tue Dec 16, 2008 5:23 pm

Noted and taken very well.

And yeah, it's the "reservation clause" instead of the "repealing clause". I sometimes write what I though, thought what I write, but they come in opposite ways -haha (",) I might be thinking things as I read my law library (",)
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