NPM No. 118-2017
Requesting Entity: R. Dan and Co., Inc.
Issues Concern: Technical Requirements
Post-disqualification due to the Bids and Awards Committee`s (BAC) finding that bidder failed to comply with the contractor`s qualification in the Terms of Reference, which states that “the contractor shall be a duly authorized installer and technical representative of the manufacturer”. According to the Notice of Disqualification, bidder only submitted a letter where the manufacturer only committed to provide all the technical back-up to execute the project and did not expressly and equivocally state that the bidder is an authorized installer and technical representative of manufacturer
At the outset, please be advised that the Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) have no jurisdiction to rule over actual controversies with regard to the conduct of the bidding or the validity of the ensuing contract for the project since we have no quasi-judicial functions or investigatory powers under the law. Moreover, we adhere to the position that we cannot, nor any other agency, authority, or official, except courts of competent jurisdiction, encroach upon or interfere with the exercise of the functions of the Head of the Procuring Entity (HoPE) and the BAC, since these duties and responsibilities fall solely within the ambit of their authority and discretion.
Thus, the resolutions of the BAC and the decision of the HOPE in the exercise of their respective duties, functions and responsibilities under the procurement law and associated rules shall be recognized including their corresponding effects. In this regard, we recognize the authority and discretion of procuring entities to identify the technical specifications and qualifications required for its projects based on its needs, and whether the bidder is responsive or not in the specifications and conditions set forth in its bidding documents.
A careful perusal of the document presented, which the bidder likewise submitted during the bidding, shows that the Technical Support Certificate supposedly certifying your company as an authorized and qualified installer was also issued by the bidder; and the letter of the manufacturer only confirmed their agreement with the bidder that they will provide technical back-up for the execution of the project. The Technical Support Certificate, on its face, does not expressly and equivocally states that the bidder is an authorized installer and technical representative, as required in the Terms of Reference of the bidding documents of the Procuring Entity (PE). Thus, following the relevant rules and procedures under Section 34 of the 2016 revised IRR, the BAC found basis for post-disqualification, due to non-compliance with the project requirements as stated in the PE`s Terms of Reference for the project.