NPM No. 104-2017

Requesting Entity: Dagupan City Water District

Issues Concern: Declaration of Failure of Bidding; Grounds to Disqualify a Bidder



1.    Whether or not substantial compliance in the bidding process may be disregarded due to technical issues

The decision to declare a failure of bidding, reject any and all bids, or not award the contract under any of the circumstances enumerated in Section 41 is within the sole authority and jurisdiction of the Head of the Procuring Entity; while the authority of the Bids and Awards Committee to declare a failure of bidding is limited to instances enumerated in Section 35.1 of the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.

2.    The instances wherein a Procuring Entity can technically disqualify a bidder.

As regards the disqualification of a bidder, the same may be done during Eligibility Screening, Preliminary Examination of Bids, Bid Evaluation and Post-Qualification stages. Notwithstanding the eligibility of the bidder, the Procuring Entity reserves the right to review the qualifications and disqualification in case of misrepresentation in accordance with Section 23.6 of the 2016 revised IRR of RA 9184.