Requesting Entity: Department of Public Works and Highways Regional Office XII (DPWH-RO XII)
Issues Concern: Forfeiture of Bid Security
Whether a written waiver of right to file a motion for reconsideration (MR) from the post-disqualified bidder is a condition sine qua non for the return of its bid security.
[T]he bid security shall only be returned to the bidder upon submission of a written waiver of its right to file a motion for reconsideration and/or protest. Failure to submit the waiver shall not amount to the forfeiture of the bid security, but the procuring entity should not release the same until a waiver of right to file a motion for reconsideration and/or protest is submitted by the bidder, or when the reglementary period to file an MR/protest has lapsed.