NPM No. 008-2016

Requesting Entity: Thaumaturgy (Trade) Philippines (TP)

Issues Concern: Capitalization of Markings on the Bid Envelopes



Whether failure to use format, i.e., the bid envelope's title and markings were not in capital letters as provided for in Instruction to Bidders (ITB) Clauses 20.1, 20.2 and 20.4 of the Philippine Bidding Documents PBD for the procurement of Goods, is a ground for disqualification.

[W]riting, typing or printing the markings on the Bid Envelopes in small letters format, instead of "ALL CAPS" or "CAPITAL LETTERS", should not serve as basis to disqualify a bidder since this does not violate the sanctity and integrity of the submitted bids. Otherwise, a literal interpretation of the requirement constricts rather than fulfills its purpose and in the process, runs counter to the principles of competition, efficiency and fairness in government contracting.