NPM No. 060-2017
Requesting Entity: MULTI-FOLD LINKS. INC.
Issues Concern: Pre-Bid Conference
Whether the conduct of pre-bid conference by a Procuring Entity (PE), which did not allow bidders who did not purchase the bidding documents to ask questions, is proper and legal or can make its procurement activity null and void from the beginning.
Under Section 22.3 of the 2016 IRR of RA 9184, the “Pre-Bid Conference is open to prospective bidders”. This is in contrast to the same Section under the 2009 IRR of RA 9184 where it provides that “at the option of the Procuring Entity, only those who have purchased the Bidding Documents shall be allowed to participate in the pre-bid conference and raise or submit written queries or clarifications.” With the removal of this option in the 2016 IRR of RA 9184, all prospective bidders are now given the opportunity to attend the pre-bid conference and raise questions or clarifications regardless whether they purchased the bidding documents or not.