NPM No. 085-2016

Requesting Entity: DBP Leasing Corporation

Issues Concern: Technical Requirements



Clarification on the proper determination of the Lowest Calculated and Responsive Bid (LCRB) where one bidder offers better specifications than the other bidder.


[C]onsidering that the appreciation of superior specifications will require discretion among the members of the BAC, we are of the opinion that they cannot be used as measures in any tie-breaking method, which, on the contrary, requires non-discretionary and nondiscriminatory measures that are based on sheer luck or chance. Any preference in favor of the supplier that offered better specifications at the same or higher price would be a blatant violation of the provisions of RA 9184.