NPM 090-2013

Requesting Entity: Philippine Science High School - Central Luzon Campus (PSHS-CLC)

Issues Concern: Change of Venue after the Issuance of Notice of Award



Whether the change of venue for the project site after the issuance of the Notice of Award (NOA) is allowed under Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR).

No, the change in the project site after the issuance of Notice of Award amounts to modification of bidding documents is not allowed under RA 9184 and its IRR.

In changing the project site after the issuance of the NOA runs counter with the following procurement rules and regulations: (a) in the Invitation to Bid, the name and location of the contract to be bid, the project background and other relevant information regarding the proposed contract works, including a brief description of the type, size, major items, and other important or relevant features of the works; and (b) in the PBDs for Infrastructure Projects (Section VII, Drawings), the actual Drawings, including site plans, should be attached to said section or annexed in a separate folder.

Modification of government contracts, after the same had been awarded after a public bidding, is not allowed because such modification serves to nullify the effect of public bidding and whatever advantages the Government had secured thereby and may also result in manifest injustice to other bidders.