NPM 123-2014

Requesting Entity: Columbian Autocar Corporation (CAC)

Issues Concern: Additional Post-Qualification Requirements



Whether Clause 29.2(c) of the Instruction to Bidders (ITB) and Bid Data Sheet (BDS) of the Philippine Bidding Documents (PBDs) for Goods can be amended to allow new but internationally well-known brands, locally represented by capable and Board of Investment (BOI) registered companies with at least ten (10) years local marketing experience to participate in the bidding.

PEs are proscribed from requiring additional eligibility requirements. The list of minimum eligibility requirements under the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 has been streamlined/simplified, such that only those requirements enumerated in Sections 23.1, 24.1, and 25.1 of the revised IRR are necessary for purposes of determining bidder"s eligibility. The rationale for this is to allow greater participation, enhance competition among prospective bidders, and reduce transaction costs.

On the other hand, the authority of PEs in imposing additional documentary requirements during competitive bidding stage is recognized. But this is limited to only those sanctioned by the IRR of RA 9184, i.e. duly notarized Secretary"s Certificate pursuant to Section 25.2 of the revised IRR of RA 9184, other documents related to the financial component as stated in the BDS, and other appropriate licenses and permits required by law and stated in the Bidding Document pursuant to Section 34.2 of the revised IRR of RA 9184.

Nonetheless, the certification that the good or brand being offered has been in the Philippine market for at least ten (10) years may be included as part of the Technical Specifications of the bidding documents to be submitted by the prospective bidders. The Bidding Documents contain all the specific requirements, limitations and parameters of the procurement at hand, as determined by the Procuring Entity, which bids will be compared and evaluated for determination of compliance or responsiveness. Accordingly, non-compliance by the bidder with the Technical Specifications would then be a ground for disqualification.