Reversion of the recommendation of TWG by the BAC

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Reversion of the recommendation of TWG by the BAC

Post by olrac_tm on Thu Jun 03, 2010 7:10 pm

Para naman sa lahat,

Can the BAC reverse the recommendation of the TWG? A bidding for janitorial services was conducted and the TWG recommended the second lowest bidder as the LCRB but the BAC reverse the recommendation of the TWG and award it to the lowest bidder. The TWG found out that the lowest bidder did not comply with the technical specification specifically on the supplies and materials. The defense of the BAC is the difference in amount of the lowest against the second bidder. The BAC apply the voting system and those who are in favor wins and awarded in to the lowest bidder.

Patulong naman sa lahat. thanks
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Re: Reversion of the recommendation of TWG by the BAC

Post by jcolas on Thu Jun 03, 2010 9:27 pm

Under Section 12, Rule V of the Revised Implementing Rules and Regulation of RA 9184, the sole authority to recommend award of any contract lies with the Bids and Awards Committee. Nowhere in the law can you find the TWG, which is the creation of the BAC doing the recommendation. The role of the TWG is to assist the BAC in the procurement activity in terms of the technical, financial, and legal aspect of the activity. In the case that you cited, the BAC is right.
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Re: Reversion of the recommendation of TWG by the BAC

Post by BAC Sec. on Fri Jun 04, 2010 1:46 pm

Yes. Provided the same is substantiated by valid ground. It is true that the BAC has the sole authority to recommend the award to the HOPE. However, before it does the said act the the lowest bidder is post qualified, and this is done by the TWG and the BAC Sec to prepare the post-qualification report or post-disqualification as the case maybe. The same is submitted to the BAC for a resolution recommending the award or not. In the latter case the 2nd lowest bidder will be post-qualified to determine whether its submitted offer is responsive to the technical, legal and financial requirements of the bid.

In your case you are correct, in your recommendation granting that the lowest bidder did not comply with the technical specs but again the BAC is a collegial body the decision is by majority vote. To inquire on the basis of the decision is another issue that requires the examination of the submitted documents. Remember, in the evaluation of the bid it is not only the price that is considered other requirements are also important.
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Re: Reversion of the recommendation of TWG by the BAC

Post by RDV @ GP3i on Sun Jun 06, 2010 10:21 am

olrac_tm wrote:Para naman sa lahat,

Can the BAC reverse the recommendation of the TWG? A bidding for janitorial services was conducted and the TWG recommended the second lowest bidder as the LCRB but the BAC reverse the recommendation of the TWG and award it to the lowest bidder. The TWG found out that the lowest bidder did not comply with the technical specification specifically on the supplies and materials. The defense of the BAC is the difference in amount of the lowest against the second bidder. The BAC apply the voting system and those who are in favor wins and awarded in to the lowest bidder.

Patulong naman sa lahat. thanks

It was the BAC's call to award the janitorial services contract to the LCB, although per TWG's post-qualification report the LCB is not responsive to the requirement of the contract, specifically on the supplies and materials, to be declared the LCRB.

The TWG should stick to its own post-qualification report if it believes on the result of its post-qualification. Accountability eventually rests with the BAC should it recommends the award to the LCB although it is not responsive to the requirement (per TWG's evaluation) to be declared the LCRB.
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Re: Reversion of the recommendation of TWG by the BAC

Post by olrac_tm on Tue Jun 08, 2010 3:47 pm

Thanks sa lahat ng nagreply...thanks RDV
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Re: Reversion of the recommendation of TWG by the BAC

Post by amang'65 on Tue Jun 08, 2010 5:18 pm

in addition, i think the TWG should not recommend, only the BAC should do the recommendation based on futher evalautions from other committee or group like the TWG. the TWGs function is to merely check on the documents submitted by the bidders and there mathematical computaions, specs. etc. but not to recommend. i agree with colas
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Re: Reversion of the recommendation of TWG by the BAC

Post by engrjhez® on Tue Jun 08, 2010 8:56 pm

Agree with Amang and Jcolas.

The TWG should at no instance recommend. They should only produce technical evaluation results and non-discretionary reports. As RDV pointed out in the other topic, the 'discretion' is actually removed even from the BAC to uphold justifiable recommendations to the HOPE.. Smile
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Re: Reversion of the recommendation of TWG by the BAC

Post by neilbeluan on Fri Jun 18, 2010 4:26 pm

if you ask me, it is the TWG who evaluates the bid, and prepare the Post-qualification evaluation report. Let the TWG do its job, and let the BAC decides on matters. if the BAC decided to award the contract to a bidder who was already post-disqualified by the TWG in the evaluation report, it will be now a burden and accountability of the BAC why they still pursue the awarding..
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Re: Reversion of the recommendation of TWG by the BAC

Post by fe a. araya on Sun Jun 20, 2010 5:34 pm

I agree w/ jcolas (hi, Sir!) rdv and engrjhez. The TWG has its specific duty, to assist the BAC in the preparation of bid docs, bid evaluation, post-qua and the BAC recommends to the HOPE. I would like to believe that the BAC mentioned in the post, has a very valid ground for awarding the contract to the lowest calculated bidder, despite its non-responsive to specifications but then, the BAC went to the extent of voting before deciding to recommend the award, which is a laudable move. Perhaps, the BAC (which include the end-user) considered that specifications offered by the LCB at a lower cost may have met the need of the end-user. Kaya nga meron tayong "or its equivalent" or " higher in quality".

Hello, sir jcolas. have not seen you in PhilGEPs forum. Me, busy with compre exams. Getting ready as prospective trainor (hopefully).
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Re: Reversion of the recommendation of TWG by the BAC

Post by jcolas on Sun Jun 20, 2010 9:01 pm

What PHILgeps Forum? Meron ba uli? How can I access that Comprehensive exam? Please help me. I have been rather busy with the BAC and so I have not attended to it. By the way, sinabi ba nila ung comprehensive exam. Paang wala akong narinig.
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Re: Reversion of the recommendation of TWG by the BAC

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