Requesting Entity: Inca Philippines, Inc. (Inca)

Issues Concern: Registry System and Requirement for Business Registration Permit

Details

Whether procuring entities, particularly Local Government Units (LGUs), may require prospective bidders to apply for business registration permits in their locality as part of the qualification process.

Procuring entities cannot require the submission of documentary requirements for purposes of determining a bidder’s eligibility to participate in its procurement activities other than those eligibility requirements provided in Sections 23.1 and 24.1 of the IRR of RA 9184. Said provisions do not require prospective bidders to apply for business registration permit nor require bidders to establish an office/satellite office in the LGU-procuring entity for purposes of eligibility.

Although procuring entities are not precluded from establishing a manual registry system for its procurement activities, such registry system cannot function as an accreditation system where only registered prospective bidders are allowed to participate in its procurement activities, and non-registered bidders are precluded from joining procurement activities. Prospective bidders not included in the registry system used by the procuring entity, whether the PhilGEPS or its own manual or electronic system, should not be precluded from participating in any procurement opportunity, and should be allowed to submit its Class ‘A’ documents, together with its bid, prior to or during the deadline for the submission and opening of bids. Inclusion in the registry system should not be considered an accreditation system, and is not tantamount to a finding of eligibility, nor a guarantee that the registered supplier, contractor, or consultant will be eligible for any particular procurement activity or contract award.