NPM No. 124-2015
Requesting Entity: Pilipinas Micro-Matrix Technology (PMT Joint Venture)
Issues Concern: Mandatory Periods; Declaration of Failure of Bidding by the Head of the Procuring Entity (HOPE)
1. Validity of the action of the Bids and Awards Committee (BAC) in pushing through with the submission and opening of bids less than seven (7) calendar days after the issuance of a bid bulletin
[T]he Government Procurement Policy Board and its Technical Support Office render policy and non-policy opinions respectively, on issues purely relating 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.
[T]he 7-day period from the issuance of the supplemental/bid bulletin to the deadline of submission and receipt of bids is a mandatory provision that must be complied with.
2. Validity of the declaration by the HOPE of a failure of bidding due to the BAC non-compliance with the bidding procedures
Section 41 of RA 9184 and its IRR bestows upon the HOPE or his duly authorized representative, the right to reject any and all bids, declare a failure of bidding, or not award a contract in the following situations: (a) there is prima facie evidence of collusion; (b) the BAC is found to have failed in following the prescribed bidding procedures; or (c) for any justifiable and reasonable ground where the award of contract will not redound to the benefit of the government.
The decision to declare a failure of bidding, reject any and all bids, or not award the contract under any of the situations enumerated in Section 41 lies within the sole authority and jurisdiction of the procuring entity through the HOPE. [T]he GPPB and its TSO cannot encroach upon or interfere with the exercise of the functions of the HOPE or the BAC in the conduct of bidding, since these duties and responsibilities fall solely within the ambit of their respective authority and discretion sanctioned by law.