ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

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ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 12:05 pm

Our company was declared ineligible upon submission of Eligibility Requirements due to an erroneously written Procuring Entity Name.



A government agency is using an old procurement formats, the problem was found on our submitted Letter Authorizing the BAC to verify its submitted documents. Our company submitted this documents with the Header of the Agency but on the body of the documents was a different company (we missed changing our own template), We also submitted the Omnibus Sworn Statement in addition to the old documents notarized used on the previous years.



Now we are declared disqualified due to this incidence. The BAC just gave us reason of using the Reservation Clause.





We are quite disappointed on their unawareness of the Omnibus Sworn Statement being used by the procuring entity since Sept 2009. Is this document not enough to allow us to pass the eligibility since it also includes the statement that we are authorizing the BAC to verify our documents?



Please advise on what next step can we do to ask for another reconsideration.



Do we have the right to report the agencies not following the amended IRR? They have their own procurement rules there which are very different on the amended IRR of Sept 2009.

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by sunriser431 on Fri May 14, 2010 1:11 pm

6.2. The Bidder is responsible for the following:
(a) Having taken steps to carefully examine all of the Bidding Documents;
(b) Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract;
(c) Having made an estimate of the facilities available and needed for the contract to be bid, if any; and
(d) Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.3.
(e) Ensuring that it is not “blacklisted” or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB;
(f) Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;
(g) Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify all the documents submitted;
(h) Ensuring that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary’s Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture;
(i) Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019; and
(j) Complying with existing labor laws and standards, in the case of procurement of services.

Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by RDV @ GP3i on Fri May 14, 2010 2:19 pm

leighzapanta wrote:Our company was declared ineligible upon submission of Eligibility Requirements due to an erroneously written Procuring Entity Name.

A government agency is using an old procurement formats, the problem was found on our submitted Letter Authorizing the BAC to verify its submitted documents. Our company submitted this documents with the Header of the Agency but on the body of the documents was a different company (we missed changing our own template), We also submitted the Omnibus Sworn Statement in addition to the old documents notarized used on the previous years.

Now we are declared disqualified due to this incidence. The BAC just gave us reason of using the Reservation Clause.

We are quite disappointed on their unawareness of the Omnibus Sworn Statement being used by the procuring entity since Sept 2009. Is this document not enough to allow us to pass the eligibility since it also includes the statement that we are authorizing the BAC to verify our documents?

Please advise on what next step can we do to ask for another reconsideration.

Do we have the right to report the agencies not following the amended IRR? They have their own procurement rules there which are very different on the amended IRR of Sept 2009.

That procuring entity should already be following the provisions of the revised IRR and using the Omnibus Sworn Statement.

As a bidder, when you buy bidding documents from procuring entities and you noticed that they do not follow the new Philippine Bidding Documents (3rd Ed.), and instead have their own or still follow the old PBDs, you should point that out to them by writing them a letter/request of clarification which you should submit to the BAC not later that 10 calendar days before the deadline for submission of bids.

That way, the BAC is made aware and could issue a Supplemental/Bid Bulletin for the purpose. I am not giving justification for the BAC and the procuring entity because they are the first in error. As a bidder, you don't give them justifications, no matter how ridiculous their justifications are.

For example, they used the Reservation Clause as their reason for not accepting your reconsideration. The Reservation Clause could be invoke only under any of the situations under Sec. 41 of the IRR. I don't see any of those situations from the info you gave which would justify the BAC in denying your justification.

One thing you can do is write the HOPE that the BAC did not follow the provisions or the revised IRR and used the old PBDs and did not use the Omnibus Sworn Statement which is prescribed to be used mandatorily under Sec. 25.2(a)(iv); Sec. 25.2(b)(iv); and Sec. 24.2(c)(iv).

If the HOPE will see your point, then the use by the HOPE of the Reservation Clause, declaring the bidding a failure (because the BAC did not follow the required bidding procedure - Sec. 41), rather than declaring you disqualified, could be in order.

You can also report the matter to the private sector (NGOs/CSO) Observers present, to the GPPB and/or the Procurement Transparency Group.
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 2:30 pm

Sir,

Thank you very much on the informations, they just distributed their own Eligibility Requirements List last Thursday May 6, then the deadline is yesterday May 12. Everybody is in a hurry because of the short deadlines and holidays we had this week.

The agency practices this method of procurement:

First, they will ask us bidders to comply with their Eligibility list, we have seen that they still dont follow the new rule. Their eligibility list includes Class A documents plus those notarized separate statement we had before.

Second, if a bidder is declared eligible, he is now allowed to buy the bid documents and attend the pre-bid conference.

Then if you are disqualified, you can no longer join that particular item, but if you passed the Eligility opening you are eligible for one year, which is very different to our RA9184 IRR.

Then during the bid opening fordeclared eligible bidders, they will only submit their financial proposals and the bond.

This practice is very far to our law.

For your coments sir. I will PM to you the agency.

Thanks a lot...


Last edited by leighzapanta on Fri May 14, 2010 3:46 pm; edited 1 time in total

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 2:42 pm

i just saw your last posts that there is no law on advance accreditation isn't it..if there is a posted public bidding...any government agency should follow the revised IRR.

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by RDV @ GP3i on Fri May 14, 2010 3:01 pm

leighzapanta wrote:Sir,

Thank you very much on the informations, they just distributed their own Eligibility Requirements List last Thursday May 6, then the deadline is yesterday May 14. Everybody is in a hurry because of the short deadlines and holidays we had this week.

The agency practices this method of procurement:

First, they will ask us bidders to comply with their Eligibility list, we have seen that they still dont follow the new rule. Their eligibility list includes Class A documents plus those notarized separate statement we had before.

Second, if a bidder is declared eligible, he is now allowed to buy the bid documents and attend the pre-bid conference.

Then if you are disqualified, you can no longer join that particular item, but if you passed the Eligility opening you are eligible for one year, which is very different to our RA9184 IRR.

Then during the bid opening fordeclared eligible bidders, they will only submit their financial proposals and the bond.

This practice is very far to our law.

For your coments sir. I will PM to you the agency.

Thanks a lot...

That procuring entity is definitely violating the provisions of RA 9184 and its IRR. I am assuming that the procurement involved in this case is procurement of Goods and not Consulting Services.

Even assuming that the procuring entity is maintaining a registry of suppliers, even those which are not yet registered can still join the bidding process by submitting their eligibility requirements as part of their Technical Proposal. Eligibility check will be done during bid opening.

Even if that procuring entity is maintaining a registry of suppliers and you are already registered, as a bidder you are still required to include in your Technical Proposal a Certification issued by the BAC that your Class A documents are on file and maintained current.

A bidder cannot be declared eligible for one year. You are right that it is a violation of RA 9184. Submission of only the Financial Proposal (without the Technical Proposal) is also very much in violation of the law and the IRR.

I hope you can name the procuring entity and/or report the matter to the GPPB.
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 3:05 pm

i just sent you a private message sir. please check.


Last edited by leighzapanta on Fri May 14, 2010 3:17 pm; edited 1 time in total

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 3:14 pm

Do I need to write a formal report to the GPPB sir? and submit the eligibility list they created?

please find below link sir...the schedule stated there in is very far from our procurement law....


https://www.philgeps.net/GEPS/Tender/BidNoticeAbstractUI.aspx?DirectFrom=FormerOpp&refID=1203706&highlight=true

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by RDV @ GP3i on Fri May 14, 2010 3:25 pm

leighzapanta wrote:Do I need to write a formal report to the GPPB sir? and submit the eligibility list they created?

please find below link sir...the schedule stated there in is very far from our procurement law....


https://www.philgeps.net/GEPS/Tender/BidNoticeAbstractUI.aspx?DirectFrom=FormerOpp&refID=1203706&highlight=true

The link you provided calls for a user to log-in.

Maybe you want me to link with this post in the PhilGEPS.

I agree with you that the procedure being followed by that procuring entity is not in accordance with RA 9184 and its IRR.
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 3:39 pm

im sorry sir, here's the data...


Description
INVITATION TO APPLY FOR ELIGIBILITY AND TO BID

The Bureau of Plant Industry, through its Bids and Awards Committee (BAC), invites suppliers/manufacturers/distributors to apply for eligibility and to bid for the hereunder project:

Name of the Project : Purchase of Four (4) units Rotary Vacuum Evaporator

Location : National Pesticide Analytical Laboratory
Bureau of Plant Industry-Nursery Compound
Visayas Avenue, Quezon City

Specifications : With water bath, manual jack, diagonal condenser, sample
flask and receiver, low temperature circulator, diaphragm
vacuum pump, vacuum tubing, and cooling hose.

Approved Budget for the Project : Php3,000,00.00

Contract Duration : Delivery upon receipt of notice of award

Delivery period : Fifteen (15) days (Upon receipt of Notice of Award)

Prospective bidders should have experience in undertaking a similar project within the last two (2) years with an amount of at least 50% of the proposed project for bidding. The Eligibility Check/Screening as well as the Preliminary Examination of the Bids shall use non-discretionary “pass/fail” criteria. Post qualification of the Lowest Calculated bids shall be conducted.

All particulars relative to Eligibility Statement and Screening, Bids Security, Performance Security, Pre-Bidding Conference, Evaluation of Bids, Post-Qualification and Award of Contract shall be governed by the pertinent provisions of R.A. 9184 and its Implementing Rules and Regulation (IRR).

The complete schedule of activities is listed as follows:

1. Submission of Letter of Intent and Application of Eligibility - April 28-May 6, 2010
2. Issuance of Eligibility Form - April 28-May 6, 2010
3. Receipt and Opening of Eligibility Requirements - May 12, 2010 (1:30 PM)
4. Notice of Results of Eligibility Check - May 12, 2010
5. Issuance of Bid Documents - May 12-14, 2010 (8:00 AM - 4:00PM)
6. Pre-Bid Conference - May 17, 2010 (1:30 PM)
7. Receipts and Opening of Bid - May 20, 2010 (1:30 PM)

Venue: Bids and Award Committee (BAC) Office
G/F Crop Protection Division Building
Bureau of Plant Industry, 692 San Andres St., Malate, Manila
Tel. No. 526-7859 (Janet)

Bid Documents will be available only to prospective bidders upon payment of a non-refundable amount of Three Thousand Pesos only (Php 3,000.00) to the BPI-BAC Secretariat.

The Bureau of Plant Industry assumes no responsibility whatsoever to compensate or indemnify bidders for any expenses incurred in the preparation of the bid.


Approved by:



(Sgd.) OSIAS C. BENEDICTOS, JR.
BPI-BAC Chairman

Noted by:



(Sgd.) LARRY R. LACSON, Ph.D
Director

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 3:43 pm

The hidden part of their invitation is that if you do not pass the Eligibility check..you are not allowed to buy the bid documents and attend the pre-bid conference...

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by sunriser431 on Fri May 14, 2010 7:08 pm

Inspite of the GPPB effort to disseminate the new procurement law, sad to say there are still government agencies, not aware of it. Peace bounce
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 7:32 pm

ignorance of the law is not an exemption of the crime sir, am i right?

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by sunriser431 on Fri May 14, 2010 7:48 pm

leighzapanta wrote:ignorance of the law is not an exemption of the crime sir, am i right?
who wants to be member of the club 6115. kidding aside kailangan din po due process. Smile
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Fri May 14, 2010 8:02 pm

??

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by sunriser431 on Fri May 14, 2010 8:09 pm

leighzapanta wrote:??
club 6115 po ba?
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by jcolas on Mon May 17, 2010 9:34 am

You are right Leighzapanta, Ignorance of the Law Excuses No One. Indeed, sunriser, those who insist on their own set of rules still abound and I pity them. It is for this reason that I urge GPPB and other procurement groups to continue and sustain their information campaign for these unfortunate brothers and sisters. If not, time will come when "Prison Cell 6115" will be created for those who violated RA 9184. He he he.
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by sunriser431 on Mon May 17, 2010 12:20 pm

jcolas wrote:You are right Leighzapanta, Ignorance of the Law Excuses No One. Indeed, sunriser, those who insist on their own set of rules still abound and I pity them. It is for this reason that I urge GPPB and other procurement groups to continue and sustain their information campaign for these unfortunate brothers and sisters. If not, time will come when "Prison Cell 6115" will be created for those who violated RA 9184. He he he.
In my personal opinion, so many good laws/guidelines etc. approved for implementation but if the enforcement is not with iron fist, it will not serve its purpose. peace to all bounce
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Wed May 26, 2010 12:54 pm

We have written to the BPI-BAC thrice already, none of our letters were answered..we have written also to the GPPB...what shall we do next, our last letter to them states that we are requesting for the failure of bidding so that the agency shoud hold the award for the said tender because we were advsied by the GPPB to do so, is it correct that the BAC should not release any award in case of any motion or queries to their proceedings..

Need your valuable advise, sirs!!!

Thanks a lot...

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by RDV @ GP3i on Thu May 27, 2010 10:59 am

leighzapanta wrote:We have written to the BPI-BAC thrice already, none of our letters were answered..we have written also to the GPPB...what shall we do next, our last letter to them states that we are requesting for the failure of bidding so that the agency shoud hold the award for the said tender because we were advsied by the GPPB to do so, is it correct that the BAC should not release any award in case of any motion or queries to their proceedings..

Need your valuable advise, sirs!!!

Thanks a lot...

Am I correct to assume that before you wrote the BPI-BAC three times, you first filed a Motion for Reconsideration with the BAC but it was denied by the BAC because it invoked the Reservation Clause?

Maybe the reason why the BAC just ignored your letters is because they know that you can only file one MR for the same BAC action/decision and your next remedy is to file a Protest to the HOPE, which you have not done.

By the way, the BAC is already in error in denying your MR for the reason of the Reservation Clause. The Reservation Clause can only be exercised by the HOPE and not by the BAC (Sec. 41 of IRR).

I suggested then that you write the HOPE (without necessarily filing a Protest) to inform the latter that the BAC was not following the required bidding procedure. Have you done that? What was the action of the HOPE, if any? Has an award already been made by the HOPE?
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Tue Jun 01, 2010 12:26 pm

We submitted our first motion for reconsideration to accept the Omnibus Sworn Statement in lieu of erroneous document we submitted. The following letter is requesting to the HOPE & BAC to delcare failed bidding due to the wrong procurement procedure done by the committee.

Now after those three letters they answered us today stating that, they provided us a checklist of requirements (based on old PBD's) to be used for eligibility checking. They said they cannot tolerate the insertion of a Letter Authorizing the BAC which is erroneously written because it is an insult to the agency. Instead, we charge them ignorance of the law daw and we are dictating them to use the Omnibus Sworn statement to cover up daw our mistake...



Stated also in their letter s that they welcome our submission of Omnibus Letter but it is not required on their eligibility checking (we are wondering why?)

They said also that we cannot request failure of bidding because we are disqualified (this is not our point, we are writing them that their procedure was erroneous also).

Their letter is self serving, they cannot even explain to us why are they not following the new method of procurement of goods.

They even said that its for the good and service of the country and that they are transparent. huh!!

Our letter to the GPPB reporting the said agency was acknowledged already. Shall we send to them a copy of the agency's reply letter to us?

They definitely violated all the bidding procedures...from the very start..what shall we do?..according to the GPPB they cannot stop the proceedings they can only write to the said agency for recommendations, only the court will do...shall we proceed writing to the Civil Service Commission and Offoce of the Ombudsman?


Need your urgent advise....

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by sunriser431 on Wed Jun 02, 2010 12:58 am

Excerpt from the revised IRR
Section 13. Observers
13.1.To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the COA, xxxx
13.4. The observers shall have the following responsibilities:
a) To prepare the report either jointly or separately indicating their observations made on the procurement activities conducted by the BAC for submission to the Head of the Procuring Entity, copy furnished the BAC Chairman. The report shall assess the extent of the BAC’s compliance with the provisions of this IRR and areas of improvement in the BAC’s proceedings;
b) To submit their report to the procuring entity and furnish a copy to the GPPB and Office of the Ombudsman/Resident Ombudsman. If no report is submitted by the observer, then it is understood that the bidding activity conducted by the BAC followed the correct procedure; and
c) To immediately inhibit and notify in writing the procuring entity concerned of any actual or potential interest in the contract to be bid.(a)

I believe the IRR has provided the safety mechanism procedure, especially secion 13.4(a) in which the BAC and HOPE to be followed. Hopefully observers were invited, if not, then that would be another story. bounce
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by riddler on Wed Jun 02, 2010 10:34 am

leighzapanta wrote:We submitted our first motion for reconsideration to accept the Omnibus Sworn Statement in lieu of erroneous document we submitted. The following letter is requesting to the HOPE & BAC to delcare failed bidding due to the wrong procurement procedure done by the committee.

Now after those three letters they answered us today stating that, they provided us a checklist of requirements (based on old PBD's) to be used for eligibility checking. They said they cannot tolerate the insertion of a Letter Authorizing the BAC which is erroneously written because it is an insult to the agency. Instead, we charge them ignorance of the law daw and we are dictating them to use the Omnibus Sworn statement to cover up daw our mistake...



Stated also in their letter s that they welcome our submission of Omnibus Letter but it is not required on their eligibility checking (we are wondering why?)

They said also that we cannot request failure of bidding because we are disqualified (this is not our point, we are writing them that their procedure was erroneous also).

Their letter is self serving, they cannot even explain to us why are they not following the new method of procurement of goods.

They even said that its for the good and service of the country and that they are transparent. huh!!

Our letter to the GPPB reporting the said agency was acknowledged already. Shall we send to them a copy of the agency's reply letter to us?

They definitely violated all the bidding procedures...from the very start..what shall we do?..according to the GPPB they cannot stop the proceedings they can only write to the said agency for recommendations, only the court will do...shall we proceed writing to the Civil Service Commission and Offoce of the Ombudsman?


Need your urgent advise....

i know your point leighz, perhaps a little "legal intimidation" may stir them up and consider your MR.. if it is not possible then, you have to follow the LINK provided by sunriser, ha ha ha. Very Happy
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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Wed Jun 02, 2010 11:22 am

What if they did not invite any observers, only bidders and the BAC quorum?

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

Post by leighzapanta on Wed Jun 02, 2010 11:27 am

Please advise kung anong case po ang pwede naming gamitin sa hindi pag gamit ng nasabing agency ng updated IRR of RA9184...

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Female Number of posts : 33
Company/Agency : IFF
Occupation/Designation : CUSTOMER SERVICE REP
Registration date : 2009-12-08

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Re: ELIGIBILITY REQUIREMENTS SUBMITTED FAILED DUE TO ERRONEOUS TYPING ERROR

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