NPM 128-2013

Requesting Entity: Alenia Aermacchi

Issues Concern: Request for Suspension of the Bidding Procedure



Request for a suspension of the bidding procedure for Medium Lift Fixed Wing Aircraft Acquisition Project (Project) until investigation is conducted verifying that the Department of National Defense (DND) followed the right procedures for the issuance of the new bid and the relevant pre-bid conference.

Firstly, the Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) are not in the position to decide for and on behalf, or overturn a decision, of a procuring entity because they have no jurisdiction to rule over actual controversies with regard to the conduct of bidding.

Nevertheless, Alenia Aermacchi is suggested to subject its grievances to the protest mechanism provided in Article XVII of Republic Act No. (RA) 9184 and Rule XVII of its revised Implementing Rules and Regulations (IRR) by submitting a request for reconsideration to the Bids and Awards Committee (BAC) of the Department of National Defense (DND) within three (3) calendar days upon receipt of written notice or upon verbal notification of the questionable decision.

The procuring entity is under no obligation to call the attention of any prospective bidder to attend a scheduled pre-bid conference, unless such bidder has submitted its bid before the issuance of the Supplemental/Bid Bulletin indicating the intention of the procuring entity to conduct a pre-bid conference that was not previously specified in the IB for the procurement activity. Otherwise, it remains the responsibility of prospective bidders to inquire with the procuring entity as to the issuance of Supplemental/Bid Bulletin for projects that it intends to participate in. However, it is mandatory for the Bids and Awards Committee to post any Supplemental/Bid Bulletin it issues on the PhilGEPS and its website, if available.