NPM 111-2014

Requesting Entity: V.G. Roxas Co., Inc.

Issues Concern: Post-Qualification; Protest Mechanism



Clarifications on the alleged irregularities committed in a bidding conducted by the Procuring Entity (PE)

The Government Procurement Policy Board (GPPB) and its Technical Support Office (GPPB-TSO) only renders policy and non-policy opinions, respectively, on issues pertaining to the interpretation and application of our procurement laws, rules and regulations. It has no jurisdiction to rule over actual controversies with regard to the conduct of the bidding since it has no quasi-judicial functions or investigatory powers under the law. Moreover, we adhere to the position that apart from courts having actual jurisdiction over the subject matter of a case, we cannot, nor any other government agency, authority, or official, encroach upon or interfere with the exercise of the functions of the BAC, since these duties and responsibilities fall solely within the ambit of its authority and discretion as sanctioned by law.

In this regard, we shall limit our discussions on the relevant provisions of the procurement law, rules and regulations pertinent to the issues presented.

1. A bidder cannot be considered as the bidder with the LCB during bid opening even if its bid "as read" is the lowest among all bids, unless such bidder received a notice from the PE that after bid evaluation, it was determined that it submitted the LCB;

2. The application of mandatory periods under the IRR of RA 9184, such as the periods for bid evaluation and post-qualification indicated in Sections 32.4 and Section 34.8, respectively, must be complied with; and

3. For any question regarding the decision of the BAC at any stage of the procurement process, the protest mechanisms provided in Rule XVII of the revised Implementing Rules and Regulations (IRR) of RA 9184 may be utilized to protect the rights of a bidder recognized under the procurement law and its associated IRR.