Improvement of FPA Laboratory - Fertilizer and Pesticide Authority
Improvement of FPA Laboratory - Fertilizer and Pesticide Authority
Improvement of FPA Laboratory - Fertilizer and Pesticide Authority
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een a change in the Bidder’s capability to undertake the project from thetime it submitted its eligibility requirements. Should such review uncoverany misrepresentation made in the eligibility <strong>and</strong> bidding requirements,statements or documents, or any changes in the situation <strong>of</strong> the Bidder whichwill affect its capability to undertake the project so that it fails the preseteligibility or bid evaluation criteria, the Procuring Entity shall consider thesaid Bidder as ineligible <strong>and</strong> shall disqualify it from submitting a bid or fromobtaining an award or contract.29.2. Based on the following grounds, the Procuring Entity reserves the right toreject any <strong>and</strong> all Bids, declare a Failure <strong>of</strong> Bidding at any time prior to thecontract award, or not to award the contract, without thereby incurring anyliability, <strong>and</strong> make no assurance that a contract shall be entered into as aresult <strong>of</strong> the bidding:(a)(b)(c)if there is prima facie evidence <strong>of</strong> collusion between appropriate public<strong>of</strong>ficers or employees <strong>of</strong> the Procuring Entity, or between the BAC <strong>and</strong>any <strong>of</strong> the bidders, or if the collusion is between or among the biddersthemselves, or between a bidder <strong>and</strong> a third party, including any actwhich restricts, suppresses or nullifies or tends to restrict, suppress ornullify competition;if the Procuring Entity’s BAC is found to have failed in following theprescribed bidding procedures; orfor any justifiable <strong>and</strong> reasonable ground where the award <strong>of</strong> thecontract will not redound to the benefit <strong>of</strong> the Government as follows:(i)(ii)(iii)If the physical <strong>and</strong> economic conditions have significantlychanged so as to render the project no longer economically,financially or technically feasible as determined by the head <strong>of</strong>the procuring entity;If the project is no longer necessary as determined by the head<strong>of</strong> the procuring entity; <strong>and</strong>If the source <strong>of</strong> funds for the project has been withheld orreduced through no fault <strong>of</strong> the Procuring Entity.29.3. In addition, the Procuring Entity may likewise declare a failure <strong>of</strong> biddingwhen:(a)(b)(c)(d)No bids are received;All prospective bidders are declared ineligible;All bids fail to comply with all the bid requirements or fail postqualification;orThe bidder with the Lowest Calculated Responsive Bid refuses,without justifiable cause to accept the award <strong>of</strong> contract, <strong>and</strong> no awardis made.33