Common use of Reservation Clause Clause in Contracts

Reservation Clause. 30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract. 30.2. Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding: (a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the collusion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; (b) If the Procuring Entity’s BAC is found to have failed in following the prescribed bidding procedures; or (c) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows: (i) If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the HoPE; (ii) If the project is no longer necessary as determined by the HoPE; and (iii) If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity. 30.3. In addition, the Procuring Entity may likewise declare a failure of bidding when: (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 post- qualification; or (d) The bidder with the LCRB refuses, without justifiable cause to accept the award of contract, and no award is made in accordance with Section 40 of the IRR of RA 9184.

Reservation Clause. 30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract. 30.2. Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding: (a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the collusion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; (b) If the Procuring Entity’s BAC is found to have failed in following the prescribed bidding procedures; or (c) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows: (i) If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the HoPE; (iii) If the project is no longer necessary as determined by the HoPE; and (iiiii) If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity. 30.3. In addition, the Procuring Entity may likewise declare a failure of bidding when: (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 post- qualification; or (d) The bidder with the LCRB refuses, without justifiable cause to accept the award of contract, and no award is made in accordance with Section 40 of the IRR of RA 9184.

Reservation Clause. 30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract. 30.2. Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a Failure failure of Bidding bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding: (a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the collusion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; (b) If the Procuring Entity’s BAC is found to have failed in following the prescribed bidding procedures; or (c) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows: (i) If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the HoPEhead of the procuring entity; (ii) If the project is no longer necessary as determined by the HoPEhead of the procuring entity; and (iii) If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity. 30.3. In addition, the Procuring Entity may likewise declare a failure of bidding when: (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 post- qualification; or (d) The bidder Bidder with the LCRB Lowest Calculated Responsive Bid (LCRB) refuses, without justifiable cause to accept the award of contract, and no award is made in accordance with Section 40 of the IRR of RA 9184made.