NPM No. 150-2017
Requesting Entity: HERBANA BUILDERS AND SUPPLY
Issues Concern: Similar Project
Whether a Procuring Entity (PE) can require bidders to have a project exactly similar to the item to be bid.
For your guidance, a contract shall be considered “similar” to the contract to be bid if it involves goods or services of the same nature and complexity as the subject matter of the project being procured. This requirement should not be interpreted strictly as to unreasonably limit competition and inequitably bar participation of capable suppliers, manufacturers, distributors and service providers; much more, to constrain PEs in the performance of their constituent and ministrant functions. Hence, similarity of contract should be interpreted liberally in the sense that it should not refer to an exact parallel, but only to an analogous one of similar category.
Thus, while PEs are given the discretion to determine what contracts are similar to the contract being procured, the similarity should not refer to an exact parallel, but only to analogous ones of similar category in order to widen the competition among capable bidders.