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Procedure for the procurement of consulting service - DOH

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<strong>DOH</strong> CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010<br />

7. The evaluation criteria <strong>for</strong> <strong>the</strong> technical proposals should also have been agreed upon by <strong>the</strong> BAC<br />

during <strong>the</strong> pre-<strong>procurement</strong> conference. Although <strong>the</strong> BAC has not yet started evaluating <strong>the</strong><br />

technical proposals when it finalized <strong>the</strong> evaluation criteria and could claim that <strong>the</strong>y did not skew<br />

<strong>the</strong> criteria to favor a particular bidder, a losing bidder might exploit <strong>the</strong> situation and complain<br />

o<strong>the</strong>rwise.<br />

8. When <strong>the</strong> BAC calculated <strong>the</strong> cost <strong>of</strong> <strong>the</strong> financial proposal <strong>of</strong> Company A and determined that it<br />

exceeded <strong>the</strong> ABC, it should have disqualified Company A automatically as provided in Section<br />

31.1 that <strong>the</strong> ABC shall be <strong>the</strong> upper limit or ceiling <strong>for</strong> acceptable bid prices. The discount <strong>of</strong>fered<br />

by Company A should not have been accepted as this is tantamount to an improvement <strong>of</strong> its bid.<br />

Since Company A should have been disqualified, Company B should be invited by <strong>the</strong> BAC <strong>for</strong><br />

negotiations as it has <strong>the</strong> second highest technical score. If negotiations and post-qualification<br />

were successful, Company B would be determined to have submitted <strong>the</strong> Highest Rated and<br />

Responsive Bid, and recommended <strong>for</strong> award <strong>of</strong> contract.<br />

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