NPM No. 037-2015

Requesting Entity: Summa Water Resources Inc. (SUMMA)

Issues Concern: Eligibility Documents



1. Opinion relative to Summa's disqualification from bidding by the Bids and Awards Committee (BAC), City Government of Dumaguete, Negros Occidental

T]he Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) do not have the authority to decide for and on behalf, or overturn a decision of a procuring entity. x x x. Thus, we wish to clarify that the GPPB and the GPPB-TSO cannot dictate to the procuring entity how to decide or resolve issues, nor pass upon the validity of such decisions, relative to its procurement activities.

2. Failure to attach the Audited Financial Statements (AFS) and Net Financial Contracting Capacity (NFCC)

Under Section 30.1 of the IRR of RA 9184, the BAC utilizes a non-discretionary "pass/fail" criterion in the examination of bids, such that a bidder is rated "passed" for every complying documentary requirement submitted, and "failed" if it does not include any requirement or otherwise submits an incomplete or patently insufficient document.

Accordingly, if the bidder failed to submit any of the eligibility documents, such as the AFS and NFCC, the same shall warrant the bidder's disqualification from bidding.

3. The Omnibus Sworn Statement submitted did not include paragraph 9 from the sample form.

[F]ailure of the bidder to comply with the prescribed Omnibus Sworn Statement template despite this being included in the Philippine Bidding Documents, particularly Section VIII thereof, is a cause for the bidder's ineligibility or disqualification.