NPM No. 010-2017
Requesting Entity: Environmental Management Bureau (EMB) Department of Environment and Natural Resources (DENR)
Issues Concern: Construction Safety and Health Program
Whether DENR-EMB shall continue with the opening of the financial proposal of the reconsidered bid or declare a failure of bidding on the ground that both bidders did not qualify with the requirement to submit approved Construction Safety and Health Program (CSHP) as provided in the Supplemental Bulletin.
At the outset, please be guided that the CSHP is not an eligibility requirement, nor is it a requirement under the technical and financial components of the bid, which must be submitted during the deadline for submission of bids.
Accordingly, the bidders should not have been required to submit an approved CSHP as part of their bids, i.e. technical or financial proposals. It is only upon the issuance of the Notice of Award that the winning bidder is supposed to submit the same along with the other documents required under Section 37.2.3.
In this regard, while the DENR-EMB should not have required the submission of an approved CSHP during bid submission, the BAC is bound by the contents of the bidding documents and/or supplemental/bid bulletin as posted, including the submission of additional requirements not sanctioned by the rules, on the premise that the bidders would refer to the bidding documents and supplemental/bid bulletins issued by the procuring entity for information and instructions relevant to the preparation of their bids. Since both bidders are found to be non-compliant with the requirements, albeit the misgivings committed by the BAC in the bidding documents, the BAC may consider invocation of Section 35 of the IRR of RA 9184 on failure of bidding.