NPM 101-2014

Requesting Entity: Bases Conversion and Development Authority (BCDA)

Issues Concern: Section 32.2.1(a) of the revised Implementing Rules and Regulations of RA 9184 and PADPAO



Whether Section 32.2.1(a) of the IRR of RA 9184 is applicable even if the bidder's financial proposal would violate the prescribed PADPAO rate, which was provided in the Bid Data Sheet.

Section 32.2.1 (a) of the revised IRR of RA 9184 should be taken as a whole and should not be applied in segregated parts. A careful perusal of this section shows that the appreciation of a zero (0) bid in one item as an offer for free to the government is subject to the condition that all the required items in the bidding documents is addressed or complied with. Thus, if a required item is not addressed or complied with by the bidder, the bid shall be considered non-responsive and the bidder will be automatically disqualified. In which case, a zero (0) bid in one item, though treated an offer for free, can no longer be countenanced since the bid is already considered non-responsive due to non-compliance with other requirements of the Procuring Entity.