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Conditions of the Bidding Documents

Conditions of the Bidding Documents

by Jet Cariaga -
Number of replies: 2

Is these sample conditions in the bidding documents valid?

 

Conditions on the said procurement also includes “the bidder must be a supplier of the items being bid for a period of 7 years” or “the bidder must be an exclusive distributor of a particular item” or

a. Certification from at least one (1) private or government institution that they have supplied the same product being offered and still functional for more than Seven (7) years.
b. Notarized certification from the Manufacturer that the bidder is an authorized distributor of the equipment being offered for more than Seven (7) years.
 
Will these conditions be construed as limiting on the part of the suppliers who have at least 3-5 years of very good products and services than companies with more than 7 years but products and services were not satisfactory?
 
Thank you!
In reply to Jet Cariaga

Re: Conditions of the Bidding Documents

by Edita Nota -
One of the characteristics of an effective specification is non-restrictive (look to increase competition). The market study will determine the requirements and conditions that will be incorporated in the bidding documents. The end-user has to justify, inclusion of conditions that appear restrictive, based on the market study. The relevant period for the procurement of goods applies to the Single Largest Completed Contract (SLCC).
In reply to Jet Cariaga

Re: Conditions of the Bidding Documents

by Jessie Salvador -
“the bidder must be a supplier of the items being bid for a period of 7 years” - this may only be badly worded. but we have a "relevant period" which is required to be indicated in the Invitation to Bid.

“the bidder must be an exclusive distributor of a particular item” - this makes no sense. Exclusivity is never a requirement. It may be the exception but that cannot be the rule.

a. Certification from at least one (1) private or government institution that they have supplied the same product being offered and still functional for more than Seven (7) years. - this is not a technical specs but a restrictive documentary requirement. This should not be allowed.
 
b. Notarized certification from the Manufacturer that the bidder is an authorized distributor of the equipment being offered for more than Seven (7) years. - again, this document serves no purpose. what is required by law is that the bidder must comply with SLCC requirement not any other self-imposed criterion.
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