Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

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Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by Ramoncito on Fri Jul 16, 2010 7:48 pm

After a completed bidding process can a lawyer of a losing bidder request for all documents submitted by the winning bidder sighting provisions of the bill of rights wherein documents submitted by prospective bidders are available for review under the spirit of transparency of the procuring entity.
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Re: Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by engrjhez® on Tue Jul 20, 2010 9:01 pm

Ramoncito wrote:After a completed bidding process can a lawyer of a losing bidder request for all documents submitted by the winning bidder sighting provisions of the bill of rights wherein documents submitted by prospective bidders are available for review under the spirit of transparency of the procuring entity.

He cannot instill the principle of transparency on that simple basis. Only Observers, after signing of confidentiality agreement are allowed to access certain documents under Section 13.5. Section 55 of the Revised IRR provides the Protest Mechanism under RA.9184. The losing bidder may file a Request for Reconsideration within the prescribed period, and if denied can be elevated to a Protest.

Court action may be resorted to only after the protests contemplated in this Rule shall have been completed, i.e., resolved by the Head of the Procuring Entity with finality...x x x (Sec.58.1)
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Re: Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by Ramoncito on Thu Jul 22, 2010 6:03 pm

can citing the bill of rights be used as basis for the lawyer of a lossing bidder to gather all bidding documents of the winning bidder and used to look/fish for possible irregularities of the winning bidder??
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Re: Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by engrjhez® on Fri Jul 23, 2010 12:16 am

Ramoncito wrote:can citing the bill of rights be used as basis for the lawyer of a lossing bidder to gather all bidding documents of the winning bidder and used to look/fish for possible irregularities of the winning bidder??

You mean the "bill of rights" under the Philippine Constitution? I doubt he really is a lawyer if he would insist that. There is a protest mechanism under RA.9184, and I believe it is the most appropriate reference.

My answer: NO.

Imagine the chaos if all losing bidders were given this "right to gather". There is always an appropriate body (court) to call for such investigations; but not the individual/entity nor its lawyer.

Except for the Commission on Audit, no other individual or entity can expressly be provided with copies of the bidding documents and its proceedings. Even Observers under GPRA are limited in such access, provided that they sign a "confidentiality agreement" with the Procuring Entity.

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Re: Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by sunriser431 on Fri Jul 23, 2010 12:32 am

Ramoncito wrote:can citing the bill of rights be used as basis for the lawyer of a lossing bidder to gather all bidding documents of the winning bidder and used to look/fish for possible irregularities of the winning bidder??
opinion lang po, the revised IRR must have provided the procedure mechanism by which aggrieved bidder to file his/her complain within the prescribed period.bounce
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Re: Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by engrjhez® on Fri Jul 23, 2010 12:46 am

sunriser431 wrote:
Ramoncito wrote:can citing the bill of rights be used as basis for the lawyer of a lossing bidder to gather all bidding documents of the winning bidder and used to look/fish for possible irregularities of the winning bidder??
opinion lang po, the revised IRR must have provided the procedure mechanism by which aggrieved bidder to file his/her complain within the prescribed period.bounce

The procedure is already clear in the IRR, as to:
1. RFR
2. Protest
3. Arbitration
4. Resort to Courts
5. Appeals

Smile
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Re: Can a lawyer of a lossing bidder request for all documents submitted by the winnign bidder?

Post by sunriser431 on Fri Jul 23, 2010 12:49 am

engrjhez® wrote:
sunriser431 wrote:
Ramoncito wrote:can citing the bill of rights be used as basis for the lawyer of a lossing bidder to gather all bidding documents of the winning bidder and used to look/fish for possible irregularities of the winning bidder??
opinion lang po, the revised IRR must have provided the procedure mechanism by which aggrieved bidder to file his/her complain within the prescribed period.bounce

The procedure is already clear in the IRR, as to:
1. RFR
2. Protest
3. Arbitration
4. Resort to Courts
5. Appeals

Smile
well explained engrjhez bounce
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