TSG NPM 004-2003

Requesting Entity: University of the Philippines-Manila (UP Manila)

Issues Concern: Request for Clarification



May the Committee adopt a policy of not requiring the submission of eligibility requirements from those already declared eligible in a rebid where bidders were already declared eligible based on the first envelope?

“Eligibility check” is an integral part of every competitive bidding, hence, the submission of eligibility requirement is necessary even it a bidder must submit eligibility requirement for every bidding even if the procurement is being conducted by the same department or agency of government. Consequently, to consider past eligibility of a prospective bidder to succeeding or future procurements will be in utter violation of the mandate of E.O. 40 and its IRR for the BAC to conduct “eligibility check” for each procurement made through competitive bidding.

May the eligibility of a bidder be valid at least one (1) month, provided, previously declared eligible bidders will be required to submit its NFCC and a duly notarized certification that they are not barred from any government/ private entity for every public bidding?

Determination of eligibility of a prospective bidder in a previous bidding is considered as one-time eligibility, as such, there is no validity period therefor and such declaration or determination shall be binding to the government only for that specific project; and,

If after two (2) failed biddings due to bid offers being higher than the approved budget and negotiation is conducted; still no bidder can meet the approved budget, what alternative action can be done? Likewise, what variation, if any, can you recommend to the Committee for adoption?

In case no bidder can meet the ABC, the agency may revise its technical specifications or reduce the quantity of the goods to be procured. The ABC shall remain as is considering that it is the ceiling for bid prices.