NPM No. 179-2015

Requesting Entity: Panabo Water District

Issues Concern: Protest Mechanism



What documents should be prepared by the Bids and Awards Committee-Secretariat (BAC Sec) in the event that the protest filed by the bidder is granted by the Head of Procuring Entity (HOPE)?

[I]n the event that a protest is filed and eventually granted or decided in favor of the protesting bidder pursuant to Rule XVII of the IRR, thereby reversing the decision of the BAC, the bid envelopes of the protesting bidder, previously kept unopened or duly sealed in accordance with Section 55.1, shall be opened/reopened and evaluated/reevaluated in the same manner as those previously opened bids.

The BAC Secretariat is created by law as the main support unit of the BAC, providing administrative support to the BAC and taking custody of all procurement documents and other records, among others. Thus, should a protest be decided in favor of the protester, the procurement process shall proceed in accordance with the decision of the HOPE. The BAC Sec, for its part, shall provide the BAC all necessary documents to enable the latter to comply with the resolution of the HOPE, including any unopened and/or duly sealed bid envelopes.