Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES b. The bidder does not accept correction of arithmetical errors; c. The bidder being considered for award does not accept the award or does not sign the contract within the period prescribed in the bidding documents; d. The bidder being post-qualified did not provide the BAC the required clarifications; or e. The bidder is proven to commit any of the acts under Sections 65 and 69 of the revised IRR of R.A. 9184. 3.7.8 Only one short listed consultant submits a bid Even if only one short listed consultant submits a bid envelope, the bidding process continues. If its bid is found to be responsive to the bidding requirements, its bid will be declared as a SRRB and considered for contract award (Section 36.c of the revised IRR). 3.7.9 No short listed bidder submits a bid If no short listed bidder submits a bid, the BAC should declare the bidding a failure. In such a case, the BAC shall issue a Resolution declaring a failure of bidding. In order to determine the reason for the failed bidding, the BAC shall conduct a mandatory review and evaluation of the terms, conditions, and specifications in the Bidding Documents, including its cost estimates (Section 35.2 of the revised IRR). Based on its findings, the BAC shall revise the terms, conditions, and specifications, and if necessary, adjust the ABC, subject to the required approvals, and conduct a re-bidding with re-advertisement and/or posting, as provided for in Section 21.2 of the revised IRR (Section 35.3 of the revised IRR). All bidders who have initially responded to the Invitation to Bid/Request for Expression of Interest and have been declared eligible or short listed in the previous biddings shall be allowed to submit new bids. The BAC shall observe the same process and set the new periods according to the same rules followed during the previous bidding (Section 35.4 of the revised IRR). Should there occur a second failure of bidding, the procuring entity may resort to negotiated procurement, as provided for in Section 53.1 of the revised IRR of R.A. 9184 (Section 35.5 of the revised IRR). 3.7.10 Participants in bid receipt, opening and preliminary examination The following should be involved in the receipt, opening and preliminary examination of bids: 66
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 a. BAC; b. BAC Secretariat; c. Observers; d. COA Representative; and, e. Short listed Consultants. 3.7.11 Modification and withdrawal of bids A short listed consultant may modify its bid, provided that this is done before the deadline for the submission and receipt of bids. If such a consultant modifies its bid, it shall not be allowed to retrieve its original bid, but shall only be allowed to send another bid equally sealed, properly identified, linked or related to its original bid and marked as a “MODIFICATION” of the original, and stamped “RECEIVED” by the BAC. Bid modifications received after the applicable deadline will not be considered and must be returned to the consultant unopened (Section 26.1 of the revised IRR). Any discount should form part of the bid submission in the financial envelope. A short listed consultant may, through a letter, withdraw its bid before the deadline for the receipt of bids. Withdrawal of bids after the applicable deadline must be subject to appropriate sanctions as prescribed in the revised IRR. A short listed consultant may also express its intention not to participate in the bidding through a letter which should reach and be stamped “RECEIVED” by the BAC before the deadline for the receipt of bids. A consultant that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract (Section 26.2 of the revised IRR). Moreover, a consultant that withdraws its bid without any justifiable cause shall be subject to the administrative sanctions provided in Section 69.1 of the revised IRR. A short listed consultant that withdraws its bid prior to the deadline for submission of bids, for a justifiable cause, does not forfeit its bid security. 3.7.12 Bid security and bid withdrawal A short listed consultant that withdraws its bid prior to the deadline for submission of bids, for a justifiable cause, does not forfeit its bid security. If a short listed consultant withdraws its bid after the deadline for the submission of bids, its bid security shall be forfeited. 67
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