Procedure for the procurement of consulting service - DOH

MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES
ANALYSIS
1. While the REI was published twice in a newspaper of general nationwide circulation, Section
21.2.1.b of the revised IRR provides that the REI must be advertised for at least seven (7) days.
The BAC had a shorter period of six (6) days for disseminating the procurement opportunity for
consulting services.
2. The request for reconsideration by Company X, which was declared by the BAC to be ineligible,
should not have been favorably considered by the BAC as it was filed seven (7) days after it
received the notice of ineligibility. Section 55.1 provides that decisions of the BAC at any stage of
the procurement process may be questioned by filing a request for consideration within three (3)
calendar days upon receipt of the written notice or upon verbal notification.
3. During the pre-procurement conference, the BAC should have already determined the number of
shortlist of consultants, as provided in Section 24.5.2. This section further provides that “should
less that the required number applies for eligibility and short listing, pass the eligibility check,
and/or pass the minimum score required in the short listing, the BAC shall consider the same.”
Determining the number of shortlist and the minimum score during the actual short listing gives the
BAC the opportunity to have a lesser or larger number of shortlist from three (3) to seven (7), to
favor a preferred firm.
4. The BAC is a recommendatory body. It should have obtained the approval of the Head of the
Procuring Entity for its recommended shortlist before inviting all the firms in the shortlist to submit
proposals, as provided in Section 24.5.4.
5. Section 22.2 provides that the pre-bid conference shall be held at least 12 days before the deadline
for the submission and receipt of bids. Moreover, Section 22.3 provides that the attendance to the
pre-bid conference should not be mandatory. Conducting the pre-bid conference nine (9) days
before the deadline may not give the shortlisted bidders enough time to revise their proposals if
these are to be affected by agreements discussed during the pre-bid conference. To be binding on
both parties, any agreements discussed during the pre-bid conference that will affect the provisions
in the bidding documents shall be stated in writing and issued as Supplemental/Bid Bulletin.
6. The technical and financial proposals of Company F should not have been accepted by the BAC as
these were submitted at the designated venue beyond the deadline. Section 25.5 provides that
bids, including the eligibility requirements, submitted after the deadline shall not be accepted by the
BAC.
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