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conflict in the BDS and ITB

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conflict in the BDS and ITB

Post by ella on Wed Sep 08, 2010 5:03 pm


good day! i just want to ask if what would be followed in the Bidding Documents if there will be a a conflict between the ITB and the BDS?
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Re: conflict in the BDS and ITB

Post by engrjhez® on Wed Sep 08, 2010 5:07 pm

ella wrote:
good day! i just want to ask if what would be followed in the Bidding Documents if there will be a a conflict between the ITB and the BDS?

There should be no conflict between the two. If there is, we shall refer judgement based on the substance of conflict and its agreement or disagreement with the IRR. Of course the IRR shall be the basic reference.

May we know what in particular your concern of conflict is? Smile
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Re: conflict in the BDS and ITB

Post by ella on Wed Sep 08, 2010 5:26 pm


say for example in the number of copies of the bidding docs. in the ITB, it states that the bidder should prepare 1 original and 1 duplicate copy but in the BDS, 1 orginal and 3 copies, or the quantity, ITB states 3000 pcs but in the BDS is 3500 pcs.
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Re: conflict in the BDS and ITB

Post by engrjhez® on Wed Sep 08, 2010 6:05 pm

ella wrote:
say for example in the number of copies of the bidding docs. in the ITB, it states that the bidder should prepare 1 original and 1 duplicate copy but in the BDS, 1 orginal and 3 copies, or the quantity, ITB states 3000 pcs but in the BDS is 3500 pcs.

I would presume that ITB is Invitation to Bid. Between the Invitation to Bid and Bid Data Sheet, I believe the latter has more weight. Same is true on number of pcs. But this should have been raised as a question for BAC to clarify because it remains as a responsibility of the bidder to examine the documents before submission.

The BAC on the other hand will either issue a supplemental bid bulletin clarifying this, and/or moving the deadline for submission and receipt of bids if necessary. Smile
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Re: conflict in the BDS and ITB

Post by jcolas on Wed Sep 08, 2010 7:00 pm

good day! i just want to ask if what would be followed in the Bidding Documents if there will be a a conflict between the ITB and the BDS?

Based on the question presented by ella, I will say with certainty that ella should follow Section III-Bid Data Sheet. If you look at the Philippine Bidding Document, whether it is for Goods or Infrastructure Projects, ITB is an acronym which stands for Instructions To Bidders and the PBD states that in cases of discrepancy between Section III-Bid Data Sheet and Section II, Instructions To Bidders (ITB), the provisions of Section III shall prevail.

or the quantity, ITB states 3000 pcs but in the BDS is 3500 pcs.

This question needs to be clarified. We do not place any quantity of our needs in the Instructions To Bidders as the ITB or Instructions To Bidders is one of the Section that is intended to be used unchanged. (We just lift the ITB from the Philippine Bidding document), while the Bid Data sheet is where we place our data and provisions that is specific to our own procurement and contract. Unless ella is referring to the acronym ITB as the Invitation To Bid then I would say, what should prevail between the two is the quantity that is reflected in the BDS; but again the acronym of Invitation To Bid is not ITB, it is IB. May I be further clarified, ella.

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Re: conflict in the BDS and ITB

Post by sunriser431 on Wed Sep 08, 2010 8:13 pm

ella wrote:
say for example in the number of copies of the bidding docs. in the ITB, it states that the bidder should prepare 1 original and 1 duplicate copy but in the BDS, 1 orginal and 3 copies, or the quantity, ITB states 3000 pcs but in the BDS is 3500 pcs.
Excerpts from PBDs for Goods.
Section II. Instructions to Bidders
C. PREPARATION OF BIDS
11. xxxx
20.Sealing and Marking of Bids
20.1 xxxx
20.3. The original and the number of copies of the Bid as indicated in the BDS shall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s.

Section III. Bid Data Sheet
xxxx
ITB 20.3 Each Bidder shall submit [insert required number] original and [insert required number] copies of the first and second components of its bid.

I will assume two possible solution to your question.
First. I believe, you are not allowed to modify the Instructions to Bidders (ITB), any additional information must be incorporated in Section 111 Bid Data Sheet (BDS). now the question which will prevail? its quite obvious BDS will be given weight in this instance.
Second. If the ITB is referred to Invitation to BID and provides for information that would conflict with the BDS,in my humble opinion the BDS still prevail. I'm saying this because the ITB its only advertisement, meanwhile the set of instructions and other information needed have to be complied in other section of the Philippine Bid documents. Hope it would be of help. bounce
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Re: conflict in the BDS and ITB

Post by RDV @ GP3i on Thu Sep 09, 2010 4:23 pm

ella wrote:
good day! i just want to ask if what would be followed in the Bidding Documents if there will be a a conflict between the ITB and the BDS?

If there is conflict between the Instruction to Bidders (ITB) and Bid Data Sheet (BDS), the latter or the BDS shall prevail.

The function of the BDS is to provide additional information to (complements) the ITB, or provide amendments to the ITB as necessitated by the circumstances which are specific to the procurement at hand.
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Re: conflict in the BDS and ITB

Post by RDV @ GP3i on Thu Sep 09, 2010 4:32 pm

ella wrote:
say for example in the number of copies of the bidding docs. in the ITB, it states that the bidder should prepare 1 original and 1 duplicate copy but in the BDS, 1 orginal and 3 copies, or the quantity, ITB states 3000 pcs but in the BDS is 3500 pcs.

You cannot put quantities in the ITB because you are not allowed to make any changes therein. The number of copies of proposals to be submitted are also placed in the BDS not in the ITB. There are no blanks to fill up in the ITB. The blanks to fill up, such as the number of copies, are in the BDS.
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Re: conflict in the BDS and ITB

Post by engrjhez® on Thu Sep 09, 2010 6:56 pm

RDV @ GP3i wrote:
You cannot put quantities in the ITB because you are not allowed to make any changes therein. The number of copies of proposals to be submitted are also placed in the BDS not in the ITB. There are no blanks to fill up in the ITB. The blanks to fill up, such as the number of copies, are in the BDS.

AGREE. I just wonder if 'ella' is referring to Invitation To Bid (which is also an ITB). But even so, the BDS shall prevail. :
)
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Re: conflict in the BDS and ITB

Post by jcolas on Fri Sep 10, 2010 11:06 pm

Lest we confuse our readers, nowhere can you find in the Philippine Bidding Documents ITB being referred to as Invitation To Bid. It refers to ITB as Instructions To Bidders. I was also wrong, and I say to Ella, mea culpa for saying that IB is the acronym for Invitation To Bid. The PBD simply states Invitation To Bid when it discusses the Document Invitation To Bid.
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Re: conflict in the BDS and ITB

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