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SEction 32.2.1 (a) of the IRR-A

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SEction 32.2.1 (a) of the IRR-A

Post by ramlaw08 on Tue Aug 25, 2015 11:08 am

I need your advice.

Our office is conducting a bidding for an infrastructure project. 3 bidders submitted their proposals. During the opening of the bids, all bidders appeared to be qualified and eligible. However, during the post-qualification evaluation of the documents submitted by the lowest bidder, it was discovered that said bidder did not provide a price for one (1) of the items in the bill of materials. The corresponding column on which said item was written in the bill of materials was completely blank, neither a zero ("0") nor a dash (-) was written, so as to indicate that the item will be given for free.

The BAC unanimously resolved to declare said bid as "unresponsive" pursuant to Section 32.2.1 (a) of the IRR-A. However, when said BAC Resolution was presented to the Head of the Procuring Entity (HOPE) for approval, the latter suggested to set aside the apparent technicality so that the contract may be awarded to the bidder that offered the lowest price for the project.

Our BAC has reservations on said proposal of the HOPE as the same may set a precedent for future bid evaluation.

May we know from your end if there has been any instance in the past when Section 32.2.1 (a) has been relaxed? In the alternative, is it correct to say that awarding the contract to the bidder with the lowest offer can be considered as the "best contract for the government" despite the apparent technical infirmity?

Your suggestions and advice are very much appreciated.


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