NPM No. 158-2015

Requesting Entity: Leighcheen Construction Corporation

Issues Concern: Audited Financial Statements



Whether the submission of Audited Financial Statement (AFS) in accordance with Section 23.1(a)(iv) of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 is applicable to the bidder, considering that it was established and registered only in 2015 and could only secure a "stamped" AFS from the Bureau of Internal Revenue (BIR) in 2016

The submission of the eligibility documents enumerated in Section 23.1 of the IRR of RA 9184 is a mandatory requirement that must be complied with by the prospective bidders, such that failure to submit any of the documents or submission of an otherwise incomplete or patently insufficient document, will disqualify the bidder based on the non-discretionary "pass/fail" criterion under Section 30.1 of the IRR of RA 9184.

[C]onsidering that the AFS stamped "received" by the BIR is a Financial Eligibility Document under Section 23.1(a)(iv) of the IRR of RA 9184, failure to submit the same shall render the bidder ineligible to participate in a procurement activity.