NPM 023-2014

Requesting Entity: Road Board (RB)

Issues Concern: Motion for Reconsideration



Propriety of entertaining a bidder’s manifestation to file a motion for reconsideration made after the envelope containing its financial proposal was unconditionally returned to the bidder, but prior to the termination of the bid proceedings.

[I]t is our considered view that upon due ascertainment and validation of the first bidder’s claim that it earlier tried to verbally state its intention to seek a reconsideration but the same was allegedly not heard by any member of the RB-BAC, the RB-BAC may still entertain the manifestation of an eligible or disqualified bidder to file a request for reconsideration even after the return of the financial envelope to the concerned bidder, provided that such request for reconsideration is made within the three-day reglamentary period. We note that in this case, the manifestation was made by the bidder within the allowable period for the filing of motion for reconsideration.

Note that this is issued on the basis of particular facts and situations presented, and may not be applicable given a different set of facts and circumstances.