NPM No. 123-2016
Requesting Entity: Department of Transportation (DoTr)
Issues Concern: Integrity Pledge
Whether requiring additional eligibility documents from the prospective bidders, such as the Integrity Pledge, is allowed under Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR) during the opening of the bids or a requirement to a bidder having the Lowest Calculated and Responsive Bid (LCRB) but prior to the issuance of the Notice of Award (NOA).
[P]rocuring entities are prohibited from requiring additional eligibility documents, such as the Integrity Pledge, other than those mentioned in Section 23.1 for the procurement of Goods and Infrastructure projects and Section 24.1 for the procurement of Consulting Services of the 2016 IRR of RA 9184. Further, no additional documents may be required during the post-qualification process, or after the bidder has been declared as the LCRB but prior to the issuance of the NOA, other than those provided for under Section 34.2 of the 2016 IRR. Thus, the Integrity Pledge cannot be required by the procuring entity as part of the eligibility documents. Additionally, the Omnibus Sworn Statement has already addressed the purpose of the Integrity Pledge.