NPM No. 136-2017

Requesting Entity: MR. RODRIGO R. FERNANDEZ, JR.

Issues Concern: Various Procurement Concerns



1.    Whether it will invalidate the procurement process when the BAC Chairperson is not at least a 3rd ranking officer.

The BAC Chairperson should be at least 3rd ranking permanent official and failure to comply with this mandatory provision of the law will affect the procurement process and render the same questionable

2.    Whether including additional specifications, like Clinical Experience in the procurement of medicines, prohibited;

It is prohibited to require additional eligibility requirements, but additional specifications may be required by the procuring entity as long as it is necessary to meet its needs and it shall not restrict competition.

3.    Whether the procuring entity can waive the submission by the bidder of its post-qualification requirements;

Post-qualification documents shall be submitted by the bidder within the prescribed period and cannot be waived by the procuring entity such that failure to submit any of the post-qualification requirements on time, or a finding against the veracity thereof, shall disqualify the bidder for award

4.    What is the punishment and who will impose the punishment in case the prohibition of transacting business with the bidders during post-qualification by the BAC have been violated?; and

The “No Contact Rule” applies to all procurement officials and to those whose bids are being evaluated from bid evaluation until the issuance of the Notice of Award such that violation of this rule may hold the public officer liable under Republic Act 3019, without prejudice to other penalties, which may be imposed against the erring public officers.

5.    Whether improper sealing is a ground for disqualification.

Unsealed or unmarked bid envelopes shall be rejected, but improperly sealed and marked bids shall be accepted, provided that the bidder shall acknowledge such condition of the bid as submitted.