NPM No. 081-2017
Requesting Entity: MR. AHIMADRU LOLOLOL / Bbb3aaaa2@gmail.com
Issues Concern: Limited Period of the Availability of the Bidding Documents; Submission of Bids and the Bidding Process
1. Whether or not the practice of the Municipality of Pasacao, Camarines Sur in setting the availability of the Bidding Documents for its procurement of infrastructure projects for a period of only four (4) or five (5) days, and requiring the bid submission within the same period is valid.
Section 17.3 of the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, the Government Procurement Reform Act, mandates the BAC to make available the Bidding Documents from the time the Invitation to Bid (IB) is first advertised or posted until the deadline for submission and receipt of bids. The use of the word “shall” in Section 17.3 underscores its mandatory character.
The BAC cannot limit the availability of the Bidding Documents at a date earlier than that mandated by Section 17.3 of the IRR, to do otherwise would be in violation of the mandatory provision of the law and its associated rules.
2. Whether or not the practice of the same Municipality in conducting the entire bidding process for only one (1) week is valid.
The 2016 revised IRR, particularly its Annex “C,” provides for the recommended earliest possible time for the procurement of infrastructure projects, which is twenty six (26) days. Thus, a competitive bidding process for infrastructure project completed within one (1) week could be regarded as non-compliant with RA 9184 and its 2016 IRR.