NPM No. 131-2016
Requesting Entity: Mr. Jonathan Javier
Issues Concern: Bidding Documents; Conduct of Opening of Bids
Procuring Entity`s Bidding Documents
[U]nder Section 6.2 of the IRR of RA 9184, once issued by the GPPB, the use of the PBDs and other standard forms shall be mandatory upon all procuring entities. However, whenever necessary, to suit the particular needs of the procuring entity, modifications may be made particularly for major and specialized procurement subject to the approval of the GPPB.
Conduct of Opening of Bids done by a BAC staff who evaluates the legal, technical and financial documents without flashing the same to the public and the BAC members
[T]he rules do not mandate the flashing of the documents to the public. However, the BAC must ensure that transparency and integrity of the whole process is observed.
The BAC cannot delegate its conduct of opening and preliminary examination of bids, where discretion and sound judgment is required. However, this does not preclude the BAC from assigning to its BAC Secretariat the mechanical opening and examining the presence or absence of the required documents of the bidders during the preliminary examination of bids provided such act is done in the presence and under their direct instruction and supervision.