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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under the New Government Procurement Act, post qualification in procurement is the stage where the bidder with the Lowest Calculated Bid (LCB), or the Most Economically Advantageous Bid (MEAB), in the case of Goods and Infrastructure Projects, or the Highest Rated Bid (HRB), in the case of Consulting Services, undergoes verification and validation whether it has passed all the requirements and conditions as specified in the Bidding Documents.
Objective and Process of Post-Qualification
If the bidder with the LCB or HRB passes all the criteria for post-qualification, its Bid shall be considered the Lowest Calculated Responsive Bid (LCRB) in the case of Goods and Infrastructure Projects or the Highest Rated Responsive Bid (HRRB), in the case of Consulting Services.
If the bidder with the MEAB passes the verification and validation by the Bids and Awards Committee (BAC) and Technical Working Group (TWG) of each bid component, to which any weight or score is given during the evaluation, as well as all the criteria for post-qualification, its bid shall be considered the MEARB. The quality and price components, the corresponding numerical weights, and the procedures for the determination of the MEARB shall be provided in the Implementing Rules and Regulation (IRR).
However, if a bidder fails to meet any of the requirements or conditions, it shall be post-disqualified and the BAC shall conduct the post-qualification on the bidder the second LCB or HRB, or the MEAB with the second highest score.
The same procedure shall be repeated until the LCRB, HRRB, or MEARB, as the case may be.
In all cases, the contract shall be awarded only to the bidder with LCRB, HRRB, or MEARB, as the case may be.
The post-qualification process shall be completed in not more than twelve (12) calendar days from the determination of the LCB/HRB/MEAB. In exceptional cases, the post-qualification period may be extended by the Head of Procuring Entity (HoPE).
Failure of Bidding
There shall be a failure of bidding in competitive bidding, limited source bidding, or competitive dialogue if:
- No bids are received;
- All bidders are declared ineligible;
- No bid qualifies as the LCB, HRRB, or MEARB; or
- Whenever the bidder with the LCRB, HRRB, MEARB, as the case may be, refuses, without justifiable cause, to accept the award of contract.
Under any of the above instances, the contract shall be re-published or reposted and re-bid. The BAC shall observe the same process and set the new periods according to the same rules followed during the first bidding. After the second failed bidding, however, the BAC may resort to negotiated procurement as provided for in this Act.
Single Calculated/Rated/Economically Advantageous and Responsive Bid Submission
A Single Calculated/Rated/Economically Advantageous Responsive Bid shall be considered for award if it falls under any of the following circumstances:
- If after publication, only one (1) prospective bidder applies for eligibility check, and meets the eligibility requirements or criteria, after which it submits a bid which is found to be responsive to the bidding requirements;
- If after the publication, more than one (1) prospective bidder applies for eligibility check, but only one (1) bidder meets the eligibility requirements or criteria, after which it submits a bid which is found to be responsive to bidding requirements; or
- If after the eligibility check, more than one (1) bidder meets the eligibility requirements, but only one (1) bidder submits a bid, and its bid is found to be responsive to the bidding requirements.
In all instances, the Procuring Entity shall ensure that the Approved Budget for the Contract (ABC) reflects the most advantageous prevailing price for the government.
Related Articles:
- Key Takeaways from the New Government Procurement Act (Part V)
- Key Takeaways from the New Government Procurement Act (Part VI)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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