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BAC powers

Post by fastmuv2 on Mon Jun 07, 2010 9:43 pm

Good Day!
Questions: help......
1. is the 1% bid docs mandatory? or subject to the discretion of the BAC?
2. What are the powers of the BAC regarding BIDs? the fact that they have DISCRETIONARY powers, does it imply that it is without limit or limited to misrepresentation only?
3. it is required that the bidder should have an "experience of similar trasaction with an amount of at least 50 % of approved project..." what does it mean? if i have 2 projects submitted as reference for the 50%, but the 1st doesnt meet the requirement and the other is more than what is required, am i qualified?
4. what is the remedy for ABUSE of discretionary power of the BAC in evaluating the bid? we all know that some corrupt BAC will do everything to disqualify a bidder?
5. LAST, regarding the label of the envelope, the label indicated the company name, a note that it will not be opened on a specific date, address of the procuring entity, BUT WHAT if UNDER THE COMPANY NAME, THE BIDDER INCLUDED THE COMPANY TELEPHONE NUMBER, MARKING BA YUN AT GROUND FOR DISQUALIFICATION?

im going to ask for the MAYORS permit, but it has been answered. cause we were disqualified due to lack of mayors permit in the area where the procuring entity is located but we have mayors permit where our company is located. of course, noreaction kami. sila ang GOD. king
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Re: BAC powers

Post by riddler on Tue Jun 08, 2010 9:22 am

fastmuv2 wrote:Good Day!
Questions: help......
1. is the 1% bid docs mandatory? or subject to the discretion of the BAC?

yes. the Bid Docs is mandatory, there is a gppb resolution for that..please see gppb issuance at gppb.gov.ph

fastmuv2 wrote:2. What are the powers of the BAC regarding BIDs? the fact that they have DISCRETIONARY powers, does it imply that it is without limit or limited to misrepresentation only?

the power of the BAC is non descretionary, its function is clearly stated in RA 9184 and its IRR.

fastmuv2 wrote:3. it is required that the bidder should have an "experience of similar trasaction with an amount of at least 50 % of approved project..." what does it mean? if i have 2 projects submitted as reference for the 50%, but the 1st doesnt meet the requirement and the other is more than what is required, am i qualified?:

yes. bidders are required by Law to have at least one 50% similar project of the ABC to be qualified to competitively Bid.

fastmuv2 wrote:4. what is the remedy for ABUSE of discretionary power of the BAC in evaluating the bid? we all know that some corrupt BAC will do everything to disqualify a bidder?:

scratch there are many remedies as provided by RA 9184, CSC Law, etc..
fastmuv2 wrote:5. LAST, regarding the label of the envelope, the label indicated the company name, a note that it will not be opened on a specific date, address of the procuring entity, BUT WHAT if UNDER THE COMPANY NAME, THE BIDDER INCLUDED THE COMPANY TELEPHONE NUMBER, MARKING BA YUN AT GROUND FOR DISQUALIFICATION?:
scratch yes the BAC may disqualify your Bid for that for not following Instruction to Bidders (ITB) of the PBD.

im going to ask for the MAYORS permit, but it has been answered. cause we were disqualified due to lack of mayors permit in the area where the procuring entity is located but we have mayors permit where our company is located. of course, noreaction kami. sila ang GOD. king[/quote]

Mayors permit granted by any place of your business is allowed by RA 9184. Very Happy


ha ha ha. now you have a case. lol!
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Re: BAC powers

Post by RDV @ GP3i on Tue Jun 08, 2010 10:09 am

fastmuv2 wrote:Good Day!
Questions: help......
1. is the 1% bid docs mandatory? or subject to the discretion of the BAC?
There is no prescribed rate on how much will the bid docs be sold, but procuring entity's are encourage to sell bid docs to at least recover the cost of preparing the same. Setting the rate is therefore at the discretion of the procuring entity.

fastmuv2 wrote:2. What are the powers of the BAC regarding BIDs? the fact that they have DISCRETIONARY powers, does it imply that it is without limit or limited to misrepresentation only?
The BAC does not have discretionary powers, in fact, discretion has been taken out from the BAC. The BAC has to apply the provisions of RA 9184 and its IRR without fear or favor.

fastmuv2 wrote:3. it is required that the bidder should have an "experience of similar trasaction with an amount of at least 50 % of approved project..." what does it mean? if i have 2 projects submitted as reference for the 50%, but the 1st doesnt meet the requirement and the other is more than what is required, am i qualified?
It is a mandatory requirement that a bidder should have at least one (1) completed government or private contract that is similar to the contract to be bid whose value, adjusted to current prices, should be at least 50% of the ABC.

fastmuv2 wrote:4. what is the remedy for ABUSE of discretionary power of the BAC in evaluating the bid? we all know that some corrupt BAC will do everything to disqualify a bidder?
Abuse by the BAC or by the HOPE could make them accountable criminally as provided for in Sec. 65 of RA 9184 and its IRR.

fastmuv2 wrote:5. LAST, regarding the label of the envelope, the label indicated the company name, a note that it will not be opened on a specific date, address of the procuring entity, BUT WHAT if UNDER THE COMPANY NAME, THE BIDDER INCLUDED THE COMPANY TELEPHONE NUMBER, MARKING BA YUN AT GROUND FOR DISQUALIFICATION?
In the proper marking of the bid envelope, bidders are not required to put information any information about themselves. It is important that you read very carefully the Instructions to Bidder (ITB) and the Bid Data Sheet (BDS) to avoid being disqualified for not following instructions.

fastmuv2 wrote:im going to ask for the MAYORS permit, but it has been answered. cause we were disqualified due to lack of mayors permit in the area where the procuring entity is located but we have mayors permit where our company is located. of course, noreaction kami. sila ang GOD. king
The procuring entity is wrong in requiring you to submit a mayor's permit in the area where the procuring entity is located. In the revised IRR, it has already been clearly provided that the Mayor's Permit to be required should be "issued by the city or municipality where the principal place of business of the prospective bidder is located." (Sec. 23.1 of IRR)
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Re: BAC powers

Post by fastmuv2 on Wed Jun 09, 2010 1:01 am

Thank you for the answers! Now I have some defenses in case our company
will be disqualified. Hehehe tnx
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Re: BAC powers

Post by sunriser431 on Wed Jun 09, 2010 4:05 pm

fastmuv2 wrote:Thank you for the answers! Now I have some defenses in case our company
will be disqualified. Hehehe tnx
You can always get in touch with the GPPB matters relating to procurement laws. Here's the link http://www.gppb.gov.ph/contact_us/contact_us.htm bounce
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