NPM 076-2014

Requesting Entity: Research Institute for Tropical Medicine (RITM) Department of Health

Issues Concern: Negotiated Procurement (Two Failed Biddings)



Whether the GPPB-TSO is allowed to accept the Motion for Reconsideration of a bidder who failed to submit its Philippine Contractors Accreditation Board (PCAB) license within the time prescribed by the rules.

The Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) are not in the position to decide for and in behalf, or overturn a decision of a procuring entity because it has no jurisdiction to rule over actual controversies with regard to the conduct of bidding.

Whether the procedures for the conduct of public bidding is strictly observed in Negotiated Procurement (Two Failed Biddings)

[T]he procedures for the conduct of public bidding are not strictly observed in this modality of procurement. An offer or proposal submitted in relation to Negotiated Procurement (Two-Failed Biddings) under Section 53.1 of the IRR of RA 9184 should comply with the minimum technical requirements set by the procuring entity and should not exceed the ABC in order that the offer can be considered by the procuring entity.