Draft IRR (Failure of Bidding)

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Draft IRR (Failure of Bidding)

Post by RDV @ GP3i on Mon Feb 23, 2009 5:45 pm

I suggest that Sec. 35.1 be re-worded as follows (insertions are underlined):

"35.1. The BAC shall declare the bidding a failure and conduct a re-bidding with re-advertisement and/or posting, as provided for in Section 21 of the Act and this IRR, after a re-evaluation of the terms, conditions and specifications of the first bidding, when:

a) No prospective bidder submits an LOI or no bids are received;

b) All prospective bidders are declared ineligible;

c) All bids fail to comply with all the bid requirements or fail post-qualification, or, in the case of consulting services, there is no successful negotiation; or

d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid refuses, without justifiable cause, to accept the award of contract or is unable to submit the documents required under Sec. 37.1 of this IRR, and no award is made in accordance with Section 40 of the Act and this IRR."
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Re: Draft IRR (Failure of Bidding)

Post by engrjhez® on Tue Feb 24, 2009 12:11 am

RDV wrote:
...d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid refuses, without justifiable cause, to accept the award of contract or is unable to submit the documents required under Sec. 37.1 of this IRR, and no award is made in accordance with Section 40 of the Act and this IRR."

I would agree this is a very critical, or I may say, essential provision that must be incorporated. I am to suggest another wording:

...d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid refuses, without justifiable cause, to accept the award of contract or is unable to submit, within the prescribed period, the documents required under Sec. 37.1 of this IRR , and no award is made in accordance with Section 40 of the Act and this IRR."

...to emphasize the compliance period (which i think is too long). Very Happy
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Re: Draft IRR (Failure of Bidding)

Post by RDV @ GP3i on Tue Feb 24, 2009 4:56 pm

engrjhez wrote:
...d) The bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid refuses, without justifiable cause, to accept the award of contract or is unable to submit, within the prescribed period, the documents required under Sec. 37.1 of this IRR , and no award is made in accordance with Section 40 of the Act and this IRR."

...to emphasize the compliance period (which i think is too long). Very Happy

Good suggestion.

You are also right, the period of 30 c.d. for submission of additional documentation is really too long. I suggest the period should be limited to 7 c.d. period after declaration of LCB/HRB, so that the documents are also subject to verification and validation during post-qualification period, after which the LCB/HRB is declared LCRB/HRRB and Notice of Award is immediately issued.
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