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Submission of Notarized Certifications coming from a Foreign Principal

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Submission of Notarized Certifications coming from a Foreign Principal

Post by dunkin on Thu Aug 19, 2010 9:47 pm

In relation to the above let me pose a few questions?

A bidding for the supply of goods,particularly CCTV cameras, was conducted wherein part of the documentary requirements for the technical envelope was to submit a notarized certification from the manufacturer of the CCTV cameras regarding the extension of warranty to its dealer/distributor and availability of parts as well as indicating the status of its local agent whether an exclusive distributor or authorized dealer. The manufacturer is from abroad.

To meet this requirement a certification from the manufacturer's representative, a foreign national was made and executed and notarized before a local notary public by one supplier. While the other supplier submitted a certification from the manufacturer duly notarized in the country of origin and properly authenticated by the Philippine consulate having jurisdiction thereof.

1. Which of the two documents should be given more weight in its post-evaluation?
2. Can the certification submitted by a foreign manufacturer but executed and notarized locally by its representative- a foreign national be considered as patently sufficient to have met compliance using a non-discretionary pass/fail criterion?
3.Is consular authentication necessary in this instant case?

The checklist for the requirements simply says to submit a notarized warranty certificate from the manufacturer of the CCTV cameras but anybody familiar and dealing with documents from abroad knows that a consular authentication would be in order.

Your opinions and intelligent discussion would be most welcome.
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Re: Submission of Notarized Certifications coming from a Foreign Principal

Post by jcolas on Fri Aug 20, 2010 11:21 am

The minimum requirement by the Procuring entity is simply to submit a notarized warranty certificate which the bidders as alleged by you has done. In effect their is substantial compliance by the bidders but for purposes of discussion, I would favor the document notarized by the country of origin and properly authenticated by the Philippine consulate as having more weight than that document notarized by a local notary public for the simple reason that the first document bears certification from a notary public of the country of origin who is expected to have determined the veracity of the information contained in the certification before affixing his notarial seal to the Certification/document. The document/certification became more credible by the mere fact that it is authenticated to be true and correct by our very own consulate. If I am the Procuring entity, I could have gone further by requiring that Certifications from foreign manufacturer should be authenticated by the appropriate consular office having jurisdiction of the Foreigh manufacturer.


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Re: Submission of Notarized Certifications coming from a Foreign Principal

Post by dunkin on Fri Aug 20, 2010 12:25 pm

Thanks so much for the enlightenment.
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Re: Submission of Notarized Certifications coming from a Foreign Principal

Post by jcolas on Sat Aug 21, 2010 11:37 am

You are welcome dunkin. May I know how your BAC decided on the matter.
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Re: Submission of Notarized Certifications coming from a Foreign Principal

Post by RDV @ GP3i on Sat Aug 21, 2010 12:02 pm

dunkin wrote:In relation to the above let me pose a few questions?

A bidding for the supply of goods,particularly CCTV cameras, was conducted wherein part of the documentary requirements for the technical envelope was to submit a notarized certification from the manufacturer of the CCTV cameras regarding the extension of warranty to its dealer/distributor and availability of parts as well as indicating the status of its local agent whether an exclusive distributor or authorized dealer. The manufacturer is from abroad.

To meet this requirement a certification from the manufacturer's representative, a foreign national was made and executed and notarized before a local notary public by one supplier. While the other supplier submitted a certification from the manufacturer duly notarized in the country of origin and properly authenticated by the Philippine consulate having jurisdiction thereof.

1. Which of the two documents should be given more weight in its post-evaluation?
2. Can the certification submitted by a foreign manufacturer but executed and notarized locally by its representative- a foreign national be considered as patently sufficient to have met compliance using a non-discretionary pass/fail criterion?
3.Is consular authentication necessary in this instant case?

The checklist for the requirements simply says to submit a notarized warranty certificate from the manufacturer of the CCTV cameras but anybody familiar and dealing with documents from abroad knows that a consular authentication would be in order.

Your opinions and intelligent discussion would be most welcome.

Post-qualification should still be non-discretionary. It is not a matter of giving more weight on one over the other. Remember you post-qualify the LCB. If the documents submitted, when the BAC verifies/validates the documents submitted by the LCB during the post-qualification stage, do not comply with the requirements for technical proposal submission, then it has no recourse but to disqualify the LCB and proceed with the next LCB. In other words, there is really no situation where the BAC should have a dilemma of which one should be given more weight.

Going back to the technical requirement, you mentioned that the requirement is to "submit a notarized certification from the manufacturer of the CCTV cameras regarding the extension of warranty to its dealer/distributor and availability of parts as well as indicating the status of its local agent whether an exclusive distributor or authorized dealer" Notarization by a local notary public would be sufficient in that respect. However, if the manufacturer is from abroad, the question that should crop up during post-qualification is: Did the manufacturer really personally appear before the local notary public? If the BAC, after further verification, finds out that no personal appearance was made, then the BAC can just post-disqualify the bidder (if it is the LCB being post-qualified) and notify said bidder in writing of the reason for post-disqualification. It is only then that the BAC can proceed with the next LCB.
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Re: Submission of Notarized Certifications coming from a Foreign Principal

Post by jcolas on Sat Aug 21, 2010 12:10 pm

Well said Sir RDV!
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Re: Submission of Notarized Certifications coming from a Foreign Principal

Post by RDV @ GP3i on Sat Aug 21, 2010 12:19 pm

jcolas wrote:Well said Sir RDV!

Thank you, jcolas.
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