Are leaked bid documents grounds for a cancellation of a bid?

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Are leaked bid documents grounds for a cancellation of a bid?

Post by adroth on Wed Aug 18, 2010 1:36 am

Are leaked bid documents grounds for a cancellation of a bid?

Could potential bidders use this as a basis for a protest?
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Re: Are leaked bid documents grounds for a cancellation of a bid?

Post by engrjhez® on Wed Aug 18, 2010 8:28 pm

adroth wrote:Are leaked bid documents grounds for a cancellation of a bid?

Could potential bidders use this as a basis for a protest?

What I understand by "leaked bid documents" is that they were disclosed earlier than the first day of posting/advertisement. This will be a violation of Section 19:
Section 19. Access to Information
In all stages of the preparation of the Bidding Documents, the procuring entity shall ensure
equal access to information. Prior to their official release to prospective bidders, no aspect
of the Bidding Documents shall be divulged or released to any prospective bidder or person
having direct or indirect interest in the project to be procured, or to any party, except those
officially authorized in the handling of the documents.

A protest may only be filed if the Request for Reconsideration (RFR) was filed and resolved (denied), and that the case needs to be elevated further (Sec. 55.2). In filing the protest, you may use those facts/evidence in your position paper in accordance with Sec.55.4:
55.4. The verified position paper shall contain the following information:

a) The name of bidder;
b) The office address of the bidder;
c) The name of project/contract;
d) The implementing office/agency or procuring entity;
e) A brief statement of facts;
f) The issue to be resolved; and
g) Such other matters and information pertinent and relevant to the proper
resolution of the protest.

The position paper is verified by an affidavit that the affiant has read and understood
the contents thereof and that the allegations therein are true and correct of his
personal knowledge or based on authentic records. An unverified position paper
shall be considered unsigned, produces no legal effect, and results to the outright
dismissal of the protest.


Only the head of Procuring Entity (HOPE) may cancel/annul the bidding process in accordance with Sec.41 specifically the first case, to wit:
If there is prima facie evidence of collusion between appropriate public officers or
employees of the procuring entity, or between the BAC and any of the bidders, or if
the collusion is between or among the bidders themselves, or between a bidder and a
third party, including any act which restricts, suppresses or nullifies or tends to
restrict, suppress or nullify competition;

Smile
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Re: Are leaked bid documents grounds for a cancellation of a bid?

Post by adroth on Thu Aug 19, 2010 5:44 am

Thanks Mr. E.

Great detail as always.
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Re: Are leaked bid documents grounds for a cancellation of a bid?

Post by RDV @ GP3i on Thu Aug 19, 2010 7:31 am

adroth wrote:Are leaked bid documents grounds for a cancellation of a bid?

Could potential bidders use this as a basis for a protest?

Those responsible could also be held criminally liable for leaking the documents.
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Re: Are leaked bid documents grounds for a cancellation of a bid?

Post by engrjhez® on Thu Aug 19, 2010 8:01 am

adroth wrote:Thanks Mr. E.

Great detail as always.

Can you make it 'Jhez' na lang. I'm not comfortable with Mr. E eh Smile
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Re: Are leaked bid documents grounds for a cancellation of a bid?

Post by adroth on Fri Aug 20, 2010 4:15 pm

engrjhez® wrote:Can you make it 'Jhez' na lang. I'm not comfortable with Mr. E eh Smile

Wilco
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Re: Are leaked bid documents grounds for a cancellation of a bid?

Post by jcolas on Sat Aug 21, 2010 12:05 pm

In the instant case, it would be safe to conclude that the source of the leakage comes from the BAC or the BAC Secretariat but to pinpoint who exactly has leaked the document is next to impossible. This is where the credibility of the BAC members and the BAC Secretariat comes in. and the responsibility to choose who are credible enough rests on the shoulder of the HOPE.
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