NPM No. 064-2016

Requesting Entity: Municipality of Alabel

Issues Concern: Bill of Quantities



1. Whether the recommendation of the Technical Working Group (TWG) is sufficient to disqualify Landrock Construction for submitting a non-responsive bid when it modified the quantity of an item in the Bill of Quantities issued by the Procuring Entity


[I]nstructions to Bidders (ITB) Clause 15.2 of the Philippine Bidding Documents for Infrastructure Projects is instructive, such that the Bill of Quantities shall contain items of work for the construction, installation, testing, and commissioning of work to be done by the Contractor. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified.



2. If there is a need to notify in writing Landrock Corporation that it failed in the detailed evaluation of bids considering that during the opening of bids it was determined to be the "lowest as read"


Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR) do not provide rules for the notification of bidders as to the result of the bid evaluation. However, Section 34.5 of the revised IRR dictates that the Bids and Awards Committee (BAC) shall immediately notify the bidder in writing that it was post-disqualified and the grounds relied upon by the BAC for such disqualification. Moreover, GPPB Circular No. 03-2012, dated 17 August 2012, provides the guidelines on the post-qualification process and notification of bidders determined by the procuring entity to be post-disqualified.


[I]f Landrock Construction has already been subjected to post-qualification, it should be notified in writing that it was post-disqualified if it is determined that it failed to comply with the requirements of the project as stated in the bidding documents.