NPM No. 174-2015

Requesting Entity: Joint Venture of Pilipinas Micro-Matrix Technology Inc. and Philcox Philippines Inc.

Issues Concern: Tax Clearance; Bidding Documents; Failure of Bidding under Section 41



Failure of Bidding on the ground that the template document for eligibility documents did not reflect the Tax Clearance Certificate requirement

[T]he Tax Clearance is now included as part of the Class "A" legal eligibility document and non-submission of which is a ground for ineligibility, and the eventual disqualification of the bidder. Nonetheless, bidders shall refer to the bidding documents, particularly the Invitation to Bid, for information on the preparation of their bids, which may include erroneous provisions caused during its preparation, specifically the list of eligibility documents, following the principle that all bidders must bid in equal footing. Consequently, the Head of the Procuring Entity may declare a failure of bidding or not award the contract in accordance with Section 41 of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR) when the Bids and Awards Committee failed to follow the prescribed procurement procedures, which include the preparation of an accurate list of minimum eligibility requirements mandated under Section 24.1 of the IRR of RA 9184.