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A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...

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Instructions to <strong>Bid</strong>dersLowest Calculated <strong>Bid</strong>, and so on until the Lowest Calculated Responsive <strong>Bid</strong>is determined for contract award.29.6. Within a period not exceeding seven (7) calendar days from the date <strong>of</strong> receipt<strong>of</strong> the recommendation <strong>of</strong> the BAC, the Head <strong>of</strong> the Procuring Entity shallapprove or disapprove the said recommendation. In the case <strong>of</strong> GOCCs andGFIs, the period provided herein shall be fifteen (15) calendar days.30. Reservation Clause30.<strong>1.</strong> Notwithstanding the eligibility or post-qualification <strong>of</strong> a bidder, the ProcuringEntity concerned reserves the right to review its qualifications at any stage <strong>of</strong>the procurement process if it has reasonable grounds to believe that amisrepresentation has been made by the said bidder, or that there has been achange in the <strong>Bid</strong>der’s capability to undertake the project from the time itsubmitted its eligibility requirements. Should such review uncover anymisrepresentation made in the eligibility and bidding requirements, statementsor documents, or any changes in the situation <strong>of</strong> the <strong>Bid</strong>der which will affectits capability to undertake the project so that it fails the preset eligibility or bidevaluation criteria, the Procuring Entity shall consider the said <strong>Bid</strong>der asineligible and shall disqualify it from submitting a bid or from obtaining anaward or contract.30.<strong>2.</strong> Based on the following grounds, the Procuring Entity reserves the right toreject any and all bids, declare a Failure <strong>of</strong> <strong>Bid</strong>ding at any time prior to thecontract award, or not to award the contract, without thereby incurring anyliability, and make no assurance that a contract shall be entered into as a result<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 andany <strong>of</strong> the bidders, or if the collusion is between or among the biddersthemselves, or between a bidder and 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 and reasonable ground where the award <strong>of</strong> thecontract will not redound to the benefit <strong>of</strong> the GOP as follows:(i)(ii)(iii)If the physical and 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; andIf the source <strong>of</strong> funds for the project has been withheld orreduced through no fault <strong>of</strong> the Procuring Entity.30.<strong>3.</strong> In addition, the Procuring Entity may likewise declare a failure <strong>of</strong> biddingwhen:(a) No bids are received;(b) All prospective bidders are declared ineligible;(c) All bids fail to comply with all the bid requirements or fail postqualification;orPage 18 <strong>of</strong> 40

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