Requesting Entity: Powerking Industries Corporation
Issues Concern: Technical Specifications and Conduct of Pre-Bid Conference
Whether the Procuring Entity (PE) has the discretion not to provide the Technical Specifications of the project to be procured.
Pursuant to Section 17.5 of the IRR of RA 9184, it is mandatory for the PE to post the Bidding Documents in PhilGEPS and in its website. The provision further states that prospective bidders may download the Bidding Documents from any of the said websites, provided that bidders shall pay the fee for the Bidding Documents upon submission of their Bids. Since the Technical Specifications form part of the Bidding Documents, the PE should post the complete set of Bidding Documents at the PhilGEPS and its own website.
Aside from promoting transparency, this policy also encourages competition and efficiency because it gives prospective bidders the opportunity to determine at the earliest possible time whether they can comply with the requirements of the project and the PE.
Whether interested bidders who have not purchased the Bidding Documents are not allowed to attend and ask inquiries during the pre-bid conference.
Section 22.3 of the IRR of RA 9184 clearly provides that the PE may limit the opportunity to raise and submit written queries or clarifications only to those who have purchased the Bidding Documents, by clearly indicating such rule in the Invitation to Bid.
This policy was adopted to address the experience of PEs of having to respond to queries and requests for clarification, during the pre-bid conference, from entities that do not have any genuine intention to participate in the procurement activity.