Requesting Entity: Subic Bay Metropolitan Authority (SBMA)
Issues Concern: Negotiated Procurement (Two Failed Biddings)
Whether SBMA may consider the proposals of suppliers who participated in the Negotiated Procurement (Two Failed Biddings) under Section 53.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184 for the procurement of One (1) Lot Services and Materials for the Dry-Docking and Repainting Works of Two (2) Marine Vessels of SBMA (Project), even if they do not conform to SBMA’s requirements.
The acceptability of a proposal submitted in response to a request for quotation under Negotiated Procurement (Two Failed Biddings) under Section 53.1 of the IRR of RA 9184, depends on its compliance with the minimum technical requirements and the ABC, such that failure to satisfy either one will result in its disqualification.