Bidder's responsibilities

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Bidder's responsibilities

Post by ella on Wed Sep 08, 2010 4:47 pm



In Sec II Article 6.3 of the the revised IRR of RA 9184, states that the bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure of the bidder to furnish all information or documentation required in the Bidding documents shall result in the rejection of the bid and disqualification of the bidder. In the event, that a bidder did not submit a single document for eligibility and technical component and he was declared "failed", does he have to be allowed to file a motion for reconsideration? and if he was, will the BAC need to reconsider him when it is a clear manifestation of his non compliance?
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Re: Bidder's responsibilities

Post by engrjhez® on Wed Sep 08, 2010 5:02 pm

ella wrote:

In Sec II Article 6.3 of the the revised IRR of RA 9184, states that the bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure of the bidder to furnish all information or documentation required in the Bidding documents shall result in the rejection of the bid and disqualification of the bidder. In the event, that a bidder did not submit a single document for eligibility and technical component and he was declared "failed", does he have to be allowed to file a motion for reconsideration? and if he was, will the BAC need to reconsider him when it is a clear manifestation of his non compliance?

YES. All bidders are entitled to file such under Section 55. But of course if the reason for the bidder's disqualification is as you raised, the BAC shall simply deny that motion.

You may also want to see a similar thread here >>> PROTEST MECHANISM
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Re: Bidder's responsibilities

Post by ella on Wed Sep 08, 2010 5:09 pm


Thank you very much engrjhez! Smile
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Re: Bidder's responsibilities

Post by jcolas on Wed Sep 08, 2010 7:39 pm

In the event, that a bidder did not submit a single document for eligibility and technical component and he was declared "failed", does he have to be allowed to file a motion for reconsideration? and if he was, will the BAC need to reconsider him when it is a clear manifestation of his non compliance?.

That is the essence of democracy, ella. Kahit na "patently" insuficient ang submission, and the BAC rates the bidder as failed, the law still gives the bidder the right to file an MR, which, of course, as Sir Engjhez stated in his post, the BAC shall simply "deny". In doing this, the bidder can not say that he was not given "due process".
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Re: Bidder's responsibilities

Post by engrjhez® on Thu Sep 09, 2010 9:27 am

ella wrote:
In Sec II Article 6.3 of the the revised IRR of RA 9184, states that the bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. x x x

By the way, where have you got this reference? Section II is Declaration of Policy and there is no such thing as Art.6.3 under the Revised IRR. I think the correct reference should be the Philippine Bidding Documents 3rd Ed. Section 2 (Instruction to Bidders) Clause 6.3..Smile
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Re: Bidder's responsibilities

Post by sunriser431 on Sun Sep 12, 2010 11:27 pm

ella wrote:

In Sec II Article 6.3 of the the revised IRR of RA 9184, states that the bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure of the bidder to furnish all information or documentation required in the Bidding documents shall result in the rejection of the bid and disqualification of the bidder. In the event, that a bidder did not submit a single document for eligibility and technical component and he was declared "failed", does he have to be allowed to file a motion for reconsideration? and if he was, will the BAC need to reconsider him when it is a clear manifestation of his non compliance?
In my personal opinion, the said bidder will be automatically be rated as "failed", for neglecting to follow the prescribe bidding procedures. The BAC will apply or use the non-discretionary pass or fail criteria for the evaluation in the submission of the bid documents. Any procedural defects/failure on part of the bidder would be very costly. bounce
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