NPM 003-2015

Requesting Entity: Bendimil Construction and Development Corporation

Issues Concern: DPWH Department Order No. 97



Validity of Department Order No. 97, s. of 2013 issued by the Department of Public Works and Highways (DPWH), which effectively contravenes Section 27.5 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 and the Guidelines on the Use of Bid Securing Declaration


DPWH D.O. No. 18 s. 2014, effectively revoked D.O. No. 97, which disallowed the use of Bid Securing Declaration (BSD). As such, the submission of BSD is allowed as a form of bid security in all procurement activities of DPWH. As for all the other procuring entities of the government, BSD continues to be an alternative to the existing forms of Bid Security under the revised IRR, in order to enhance competition and bidders’ participation, reduce transactional costs, and promote economy in procurement activities of government.