NPM No. 080-2016
Requesting Entity: De Leon Import & Export Corp.
Issues Concern: Failure of the BAC to follow the prescribed bidding procedures; Award of Contract to the Highest Bidder
Whether the company was properly disqualified in the bidding activity, and the resulting contract may be awarded to the remaining bidder, which incidentally submitted the highest bid
Section 41(b) of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 allows the Head of the Procuring Entity (HOPE) to reject any and all of the bids if the Bids and Awards Committee (BAC) failed to follow the prescribed procedures in any of the stages of Competitive Bidding.
Continuing Review of Qualifications
In accordance with Section 23.7 of the IRR of RA 9184, the Procuring Entity (PE) may review the eligibility and qualifications of the bidder at any stage of the procurement activity. As such, the BAC may correct any of its decisions or recommendations if it finds any error upon review.
Award to the Bidder with the Highest Calculated Bid
The bidder who submitted the highest bid may be awarded the contract, provided that the bid is found to be one with the Lowest Calculated Responsive Bid after undergoing the post-qualification process pursuant to Section 34 of the IRR. This situation occurs when lower bids did not pass the post-qualification criteria enumerated in the Bidding Documents.