NPM No. 115-2015
Requesting Entity: LGU Suyo, Ilocos Sur
Issues Concern: Availability and Sale of Bidding Documents
Whether it is required that a prospective bidder is logged in to the PhilGEPS to be able to purchase the Bidding Documents.
[A] prospective bidder is not required to log into the PhilGEPS to purchase the Bidding Documents. Under Sections 17.4 and 17.5 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, the bidding documents are available from any of the following:
1. Procuring Entity's office at the address specified in the Bidding Documents;
2. Procuring Entity's website; and
3. PhilGEPS website.
Whether a bidder could still purchase the Bidding Documents even though the seven (7)-day posting at PhilGEPS has lapsed.
Section 17.3 of the IRR of RA 9184 requires the BAC to make the Bidding Documents available for the following period:
a) For the procurement of goods and infrastructure projects, from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids.
b) For the procurement of consulting services, eligibility documents shall be made available from the time the Request for Expression of Interest is first advertised/posted until the deadline for the eligibility check, and the Bidding Documents, from the determination of the short list until the deadline for the submission and receipt of bids.
Accordingly, despite the lapse of the seven (7)-day PhilGEPS posting, a bidder could still purchase the Bidding Documents until the deadline for the submission and receipt of bids.