NPM No. 039-2015

Requesting Entity: Wellpack, Incorporated

Issues Concern: Domestic Preference



1. Whether the domestic bidder must submit both certificates under Sections 43.1.3 and 43.1.4 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 to avail of the application of preference.

In order to claim domestic preference, a Domestic Bidder shall only submit a certification from the DTI that the bidder is offering unmanufactured articles, materials or supplies of the growth or production of the Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplies of the growth, production, or manufacture, as the case may be, of the Philippines.

The DTI Certification shall form part of the Second Envelope (Financial Bid Envelope) in accordance with Clause 13.1(b) of the Philippine Bidding Documents for Goods.

2. Whether the absence of the said Department of Trade and Industry (DTI) Certificate under Section 43.1.4 will classify a domestic bidder as having submitted a "foreign bid".

[T]he absence of the DTI certificate as required under Sec. 43.1.4 of the IRR of RA 9184 does not automatically classify the bid of a domestic bidder as a "foreign bid", but as a consequence, the domestic bidder will not be granted preference for purposes of procurement.