Attendance of bidders at Pre-bid & Opening of bids

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Attendance of bidders at Pre-bid & Opening of bids

Post by TWG on Thu Mar 19, 2009 8:49 am

As we are all aware, attendance of bidders at the pre-bidding conference is not mandatory (Section 22.2 of the IRR) as well as in the opening of bids (Section 29 of the IRR) the said law having used the word "may" attend. May I respectfully ask if the BAC is allowed to impose upon the bidders (through a BAC Resolution approved by the HOPE) mandatory attendance on both pre-bidding conference and opening of bids irresepective of the amount of the ABC? Thanks to all of you helping us to improve our procurement system.

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Re: Attendance of bidders at Pre-bid & Opening of bids

Post by RDV @ GP3i on Thu Mar 19, 2009 11:20 am

Nilo wrote:As we are all aware, attendance of bidders at the pre-bidding conference is not mandatory (Section 22.2 of the IRR) as well as in the opening of bids (Section 29 of the IRR) the said law having used the word "may" attend. May I respectfully ask if the BAC is allowed to impose upon the bidders (through a BAC Resolution approved by the HOPE) mandatory attendance on both pre-bidding conference and opening of bids irresepective of the amount of the ABC? Thanks to all of you helping us to improve our procurement system.

Consider this provision in IRR-A on the pre-bid conference:

"22.2. The pre-bid conference shall be held at least twelve (12) calendar days before
the deadline for the submission and receipt of bids. However, attendance of the
bidders shall not be mandatory
."

From the preceding provision, the BAC cannot make mandatory the attendance of the bidders during the pre-bid conference.

Likewise, the provision of Sec. 29 of IRR-A on Bid Opening that "bidders or their duly authorized representatives may attend the opening of bids", could also be construed to mean that bidders/duly authorized representative may not attend the opening of bids. Since the IRR gives them the option, I don't think the BAC, through a Resolution even if approved by the HOPE, can take that away from them.
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Attendance of bidders at Pre-bid & Opening of bids

Post by TWG on Fri Mar 20, 2009 8:41 am

Thank you so much sir RDV for the enlightenment.

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