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ban prospective bidder even if its not blacklisted

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ban prospective bidder even if its not blacklisted

Post by wela on Wed Sep 01, 2010 11:42 am

Good morning Sir/Madam!

In our previous bidding we awarded the project to Company A, however it is said that Company B has bought the contract from Company A, thus Company B is the one who implemented the project.We are not pleased with his Infra project (delayed completion of project, structural defects).

Can we prohibit Company A & B from buying bid docs/participating in the bidding even if they are not blacklisted?

Thank you very much.
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Re: ban prospective bidder even if its not blacklisted

Post by sunriser431 on Wed Sep 01, 2010 3:52 pm

wela wrote:Good morning Sir/Madam!

In our previous bidding we awarded the project to Company A, however it is said that Company B has bought the contract from Company A, thus Company B is the one who implemented the project.We are not pleased with his Infra project (delayed completion of project, structural defects).

Can we prohibit Company A & B from buying bid docs/participating in the bidding even if they are not blacklisted?

Thank you very much.
Base on the facts presented, I suppose there has to be due process, the procedure in the Blacklistings guidelines HERE bounce


Last edited by sunriser431 on Wed Sep 01, 2010 8:58 pm; edited 1 time in total
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Re: ban prospective bidder even if its not blacklisted

Post by engrjhez® on Wed Sep 01, 2010 8:43 pm

wela wrote:Good morning Sir/Madam!
x x x
Can we prohibit Company A & B from buying bid docs/participating in the bidding even if they are not blacklisted?

Thank you very much.

NO.

Not until you have initiated and resolved the Suspension and Blacklisting procedures in the link provided by 'sunriser431' above, you have no basis on why you should not allow the bidder to participate. If the BAC would insist on denying A and B from joining, they (contractors) may even have heavier grounds to retaliate against BAC for such actions - considering they do not have enough basis in such denials.

Smile
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Re: ban prospective bidder even if its not blacklisted

Post by jcolas on Wed Sep 01, 2010 11:01 pm

In our previous bidding we awarded the project to Company A, however it is said that Company B has bought the contract from Company A, thus Company B is the one who implemented the project.We are not pleased with his Infra project (delayed completion of project, structural defects).

Under GPPB Res. No. 018-2004, the Procuring entity can terminate the contract in the following scenario:

- Due to the Contractor's fault and while the project is on-going, it has incurred negative slippage of ten (10) per cent or more in accordance with P.D 1870. In the presentation by Wela, the award was given to Company A but the implementation was done by Company B which resulted in delayed completion of the project (incurrence of slippage) and structureal defects. Clearly, the contractor (Company A) is at fault, thereby, the Procuring entity should have initiated the process of terminating the contract.

-Sub-lets any part of the contract works without approval by the Procuring Entity. In the case presented by wela, clearly Company A has violated the contract , by subletting/subcontracting the project to Company B with out prior approval of the Procuring entity. The Procuring entity, in the case presented should have acted swiftly and initiated the termination of the contract.

-Under 4.2.c of the Uniform Guidelines for Blacklisting, assignments of the project or any part thereof, shall be a ground for the termination of contract. IAgain, in the case presented, clearly, Company A has violated the contract by assigning its right to the project to Company B with out approval of the PE.

Of course, in all this scenario, the Procuring Entity should also be faulted as it can be gleaned from the presentation that they know the violations that was being done by Company A, and yet they have not responded swiftly and agrressively to preserve the interest of the government.
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Re: ban prospective bidder even if its not blacklisted

Post by wela on Thu Sep 02, 2010 2:33 pm

Thank you very much sir sunriser, engr.jhez and sir Jcolas, we greatly appreciate your help. Very Happy
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Re: ban prospective bidder even if its not blacklisted

Post by engrjhez® on Thu Sep 02, 2010 3:54 pm

wela wrote:Thank you very much sir sunriser, engr.jhez and sir Jcolas, we greatly appreciate your help. Very Happy

You are welcome.Smile
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Re: ban prospective bidder even if its not blacklisted

Post by jcolas on Thu Sep 02, 2010 6:25 pm

Thank you very much sir sunriser, engr.jhez and sir Jcolas, we greatly appreciate your help.

You are most welcome wela.
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Re: ban prospective bidder even if its not blacklisted

Post by sunriser431 on Thu Sep 02, 2010 6:36 pm

wela wrote:Thank you very much sir sunriser, engr.jhez and sir Jcolas, we greatly appreciate your help. Very Happy
as always, you are welcome "wela". Smile Peace.
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