NPM No. 107-2015

Requesting Entity: Philippine Postal Corporation (PhilPOST)

Issues Concern: Grounds for Disqualification



Inquiry on the possible ground for disqualification for a lone bidder, which happened to be the direct competitor of the Philippine Postal Corporation in the courier/delivery of mails.

[T]he Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) render policy and non-policy matter 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 under the law. Hence, the determination of a bidder's qualification, eligibility and compliance with the requirements for a procurement opportunity lies within the responsibility and discretion of the BAC of the Procuring Entity (PE) concerned.

[T]he BAC shall determine, using non-discretionary pass/fail criterion, the bidder's eligibility and qualifications to participate and to be awarded a contract based on the relevant provisions of RA 9184, its IRR and associated issuances, and all the requirements and conditions as specified in the Bidding Documents. The BAC cannot act whimsically, capriciously or arbitrarily out of malice, ill will or personal bias, more so on business rivalry, in declaring the ineligibility or disqualification of the bidder without being charged of committing grave abuse of discretion.