NPM No. 109-2016
Requesting Entity: Department of Science and Technology (DOST)
Issues Concern: Delegation to the Technical Working Group of the Site Visit During Post Qualification; Small Value Procurement
Is the Bids and Award Committee (BAC) in violation of Section 32.1 of RA 9184 and its IRR when it authorizes its Technical Working Group (TWG) to visit a supplier during post qualification for validation of submitted documents prior to award of the contract?
This act of the procuring entity of verifying, validating, and ascertaining the conformity of the goods/product to be delivered with the technical specifications is in accordance with the verification of technical requirements mandated under the rules for post-qualification. If, on the scheduled date of inspection, the bidder fails to present the subject equipment for examination or evaluation without justifiable cause, the BAC has the prerogative to declare the bidder post-disqualified for failure to comply with the requirements.
In sum, the "No Contact" Rule applies to making or accepting any communication with any bidder regarding the evaluation of their bids. On the other hand, the conduct of inspection of the premises or the testing of goods offered by the bidder as part of post qualification, is a part of the verification process to ensure that the bidder complies with all the legal, technical and financial requirements and specifications indicated in the bidding documents, hence, not violative of the "No Contact" Rule
Is Small Value Procurement the appropriate mode of procurement for acquisition of laptops?
For guidance, Section 52.2 of the 2016 revised IRR provides that the phrase "ordinary or regular office supplies" includes those supplies, commodities, or materials which are necessary in the transaction of official business and consumed in the day-to-day operations. An examination of the mandate of the Department of Science and Technology under Executive Order No. 128 alongside the definition of the phrase "ordinary or regular office equipment" shows that laptop computers may be considered as such as they are necessary in the transaction of DOST`s official businesses, as well as in its day-to-day operations. Hence, in the event that the laptop computers needed by the DOST are not available from the Procurement Service, and the amount for which does not exceed the prescribed threshold, the same may be procured through Shopping under Section 52.1(b). As such, the procurement of which shall follow the procedures prescribed in Section 52.1(b) and Annex "H" of the 2016 revised IRR.