Requesting Entity: Mactan-Cebu International Airport Authority (MCIAA)

Issues Concern: Return of Bidding Documents to Losing Bidder after Submission of Waiver to File Request for Reconsideration

Details

Whether the BAC may return the bidding documents submitted by a losing bidder upon the latter’s submission of a waiver to file a request for reconsideration.

[T]he purpose of retaining documents with the BAC is to ensure that the integrity of the bid is protected in case a reconsideration is sought and the BAC reverses itself (or the HOPE rules in favor of the bidder if a protest is filed) and the PE is duty bound to proceed with the evaluation of other documents (e.g., opening of second bid envelope). Thus, when the bidder has waived its right to avail of the protest mechanisms under the law, the rationale behind the retention of documents no longer exists. Accordingly, the BAC may then return such documents.

…However, it may be prudent for the BAC to keep a copy of the bid documents for record-keeping and auditing purposes.