Post-disqualification on Ground of Unsatisfactory Performance

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Post-disqualification on Ground of Unsatisfactory Performance

Post by meijunji on Wed Feb 12, 2014 9:40 am

Hi Ma'am/Sir:

I would like to ask whether or not it is a valid ground for post-disqualification on the part of the BAC the claim of unsatisfactory performance of its incumbent service provider.

Facts are as follows:

The bidder is an incumbent service provider of the PE, it was declared by the BAC as LCB. However, the BAC declared that it was post-disqualified due to UNSATISFACTORY SERVICES after post-qualification process, without indicating the basis for such a rating.

One month prior to the Bidding, the PE has given an evaluation to the bidder, that on the part of services rendered, a SATISFACTORY RESULT.

Is the action of the BAC valid? Considering that:
1. they found no violation on the part of the documents submitted. and the
2. evaluation of services on the part of the incumbent is not part of the requirements or not specified in the IRR, BDS and other GPPB Issuances.
3. Evaluation of services, is vague and arbitrary.

I hope you can reply to our concern the soonest.. Thank you.

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Re: Post-disqualification on Ground of Unsatisfactory Performance

Post by regina avelino on Thu Feb 20, 2014 10:51 am

During the post-qualification process, the BAC or the BAC-TWG should validate, ascertain and verify if the quality of work per contract plans and specification or contract terms and conditions at the time of inspection are satisfactory or not. The basis of qualification or disqualification should come from the scope of work or terms of reference and at the same time the compliance with pertinent government rules and regulations relevant in providing services to your agency. You cannot disqualify a bidder on a ground without valid basis.

regina avelino
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