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PROTEST

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by

Jerdy Mercene

on 27 November 2013

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Transcript of PROTEST

PROTEST MECHANISM
(Rule XVII, IRR, R.A. 9184)
ACCOUNTABILITY & FAIRNESS
BAC
BIDDER
Inform bidder of the decision
Court Action
DECISION OF THE BAC
BAC
Decision/Resolution
The BAC shall issue its final
decision/resolution
on the request for reconsideration
within 7 c.d.
from receipt thereof.
(Sec. 55.1)
GRANTED!!!
Questioned action/decision subject of RFR is reversed or modified
END
LCE
HOPE
Decision/Resolution
Questioned action/decision subject of protest is reversed or modified
END
The RFR must be filed
WITHIN 3 CALENDAR DAYS
upon receipt of written notice from the BAC (e.g. notice of ineligibility, post-disqualification) or upon verbal notification (during the opening of bids) by a failed bidder.
(Sec. 55.1)
Bidder concerned may file a
REQUEST FOR RECONSIDERATION
(RFR) on the decision of the BAC at any stage of the procurement process.
(Sec. 55.1)
RFR is a requisite prior to the filing of a
PROTEST
.
GRANTED!!!
BAC decisions
, at any stage of procurement process, may be questioned by filing a

request for reconsideration
If RFR is denied,
BAC decisions
may be

protested

in writing to the HOPE

REMEDIES AVAILABLE
1. Request for Reconsideration BAC
2. Protest HOPE
Subject of RFR & Protest
BAC Decision
Stages of Procurement Process
1. Bidder declared

INELIGIBLE
2. Bidder declared as

FAILED BIDDER
3. Bidder is

POST-DISQUALIFIED
DENIED!!!
RFR
B
A
C
END
DENIED!!!
How if the failed bidder signifies his intent to file a request for reconsideration?
The BAC shall
keep the bid envelopes of the said failed bidder unopened and/or duly sealed
until such time that the request for reconsideration has been resolved.
(Sec. 55.1)
(Rule XVII, IRR, R.A. 9184)
(Sec. 55.3)

Resolution of Protests

Protest shall be resolved strictly on the
basis of records of the BAC
HOPE shall resolved the protest
within seven(7)
calendar days from receipt thereof
Decision of the HOPE shall be
final
(Section 56)
The
head of the BAC Secretariat
shall furnish GPPB a copy of decision resolving the protest
within seven (7) calendar days
from receipt thereof.

Non-interruption of the Bidding Process

Protest shall NOT STAY or DELAY the bidding process
BUT

it must be
resolved first before any award is made
(Section 57)
Section 58
Resort to Regular Courts; Certiorari

Court action may be resorted to
only after the protest contemplated in this Rule shall have been completed,
i.e.
resolved by the HOPE with finality
.
RTC
shall have jurisdiction over final decisions of the HOPE.
Court actions shall be governed by Rule 65 of the Rules of Court. (Section 58.1)
Section 58.2
This provision is without prejudice to any law conferring on the
SC
the
sole jurisdiction
to issue
TROs and injunctions
relating to
infrastructure projects
of the GOP
(R.A. No. 8975)
PROTEST
PROTEST:

1. in the form of a
verified position paper
2. accompanied by a
non-refundable

protest fee
3. may be
filed in writing

to the
HOPE

within 7 c.d.

from receipt of the BAC decision/resolution denying the RFR. (Sec. 55.3)
Failure to comply with the foregoing requirements shall not be curable by mere amendment of the verified position paper.
The verified position paper shall contain the following information:
a)
N
ame of bidder;
b)
O
ffice address of bidder;
c)
N
ame of project/contract;
d)
I
mplementing agency;
e)
B
rief Statement of facts;
f)
I
ssue(s) to be resolved; and
g)
O
ther matters pertinent to the protest.

(Section 55.4)
How if the position paper is UNVERIFIED?
considered
unsigned
,
produces
no legal effect
, and
results to the
outright dismissal
of the protest.

In addition, the bidder shall likewise certify under oath that:


he has
not commenced any action or filed any claim
involving the
same issues
in any court, tribunal or quasi-judicial agency and to the best of his knowledge,
no such other action or claim is pending
therein;
If there is such other pending action or claim, he is including a complete
statement of the present status
thereof; and
If he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall
report that fact

within 5 days
therefrom to the HOPE wherein his protest is filed.
The position paper is verified by an affidavit that the affiant:
has
read and understood
the contents thereof and
that the
allegations
therein are
true and correct
of his
personal knowledge
or based on
authentic records
.
The bidder may file the
protest
with the
HOPE
of the PE concerned.
Chow time!!!
Resolution No. 05-2012
Sec. 55.3
Jerdy Mercene
NON-FORUM SHOPPING
Section 58.3
The
head of the BAC secretariat
of the PE shall ensure that the GPPB shall be furnished a
copy of the cases filed in accordance with this Section
.
Full transcript