NPM 052-2014

Requesting Entity: Region Security and Investigation Agency

Issues Concern: Sworn Affidavit of No Pending or Previous Adversarial Claim



Whether it is valid for a procuring entity (PE) to require a Sworn Affidavit stating that the bidder shall have no pending or previous adversarial claim against it as a post-qualification requirement.

No, requiring for a sworn affidavit attesting to the fact that the bidder has no pending or previous adversarial claim against the PE is not a license or permit identified by law that can be required additionally during the post-qualification stage. The contested provision runs counter to Republic Act No. 9184 and its revised Implementing Rules and Regulations inasmuch as it imposes an additional post-qualification requirement.