NPM No. 052-2017
Requesting Entity: BASILAN GENERAL HOSPITAL
Issues Concern: Refund of Payments for Bid Documents
Whether a supplier may request for refund of the amount paid for the bidding documents after the Head of the Procurement Entity (HOPE) declared a failure of bidding based on circumstances under Section 41.
Section 17.5 of the 2016 revised Implementing Rules and Regulations (IRR) of R.A. 9184 provides that Bidding Documents Fee may be refunded in accordance with the aforementioned Guidelines based on the grounds provided for under Section 41 of the Act and this IRR. Consequently, as long as the declared failure of bidding is based on Section 41, and there was no fault attributable to the supplier, request for a refund of the bidding documents fee already paid is allowed.