Requesting Entity: Cebu Ports Authority (CPA)
Issues Concern: Cancellation of Notice of Award (NOA)
CPA seeks guidance regarding the cancellation of its NOA.
At the outset, the Government Procurement Policy Board and its Technical Support Office has no jurisdiction to rule over actual controversies with regard to the conduct of the bidding since it has no quasi-judicial functions under the law. Thus, the decision on whether or not an award should be cancelled lies within the authority and jurisdiction of the procuring entity.
For guidance, the Head of the Procuring Entity (HOPE) reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract in the situations provided in Section 41 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184. Accordingly, if the HOPE determines that any of the grounds is present in the conduct of the procurement activity, such as when the BAC failed to follow the prescribed bidding procedures, which include the evaluation of a bidder’s eligibility, the HOPE has the right to reject any and all bids, declare a failure of bidding or not award the contract, in accordance with Section 41 of the IRR of RA 9184.