NPM No. 133-2017
Requesting Entity: BGH ENGINEERING OFFICE
Issues Concern: List of Manpower of a Contractor; Government Architect
Whether the inclusion of a project architect working in the government, particularly the PNP, by the contractor in its submitted list of manpower as part of the bid, is a ground for disqualification.
Section 25.2(b)(viii)(2) of the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, the Government Procurement Reform Act, provides for the List of contractor`s personnel to be assigned to the contract to be bid, with their qualification and experience, as one of the technical requirements in the procurement of infrastructure projects. These personnel to be assigned to the project, including a government employee assigned as project architect, must be able to comply with all the qualifications and none of the disqualifications provided for by RA 9184, its 2016 IRR, standardized Philippine Bidding Documents, and allied laws and issuances, in order to perform their assigned tasks.
As a rule, public officers or employees are not allowed to practice their profession without securing authority for that purpose, or as otherwise authorized by the 1987 Philippine Constitution, law or regulation. Our Constitution stresses that a public office is a public trust and public officers must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. These constitutionally enshrined principles, oft-repeated in our case law, are not mere rhetorical flourishes or idealistic sentiments. They should be taken as working standards by all in the public service. Nonetheless, government officers or employees may engage in the practice of their profession in exceptional cases.
Accordingly, upon verification, validation, and ascertainment of all statements made and documents submitted by the bidder during the post-qualification stage, if it is found that the project architect is not authorized to practice his profession, the bidder may be disqualified since its project architect cannot legally perform its functions for the project in accordance with applicable law or regulations; otherwise, the bidder may be declared qualified to bid if the said government employee, has been duly authorized to exercise his profession.