NPM 043-2007

Requesting Entity: 911 Alarm

Issues Concern: Effect of Filing a Motion for Reconsideration



1. What happens if the BAC does not decide on the motion for reconsideration?

Section 30.3 of the IRR-A expressly provides that if a failed bidder signifies his intent to file a motion for reconsideration, the BAC shall hold the second bid envelope (Financial Proposal) of the said failed bidder unopened and duly sealed until such time that the motion for reconsideration has been resolved. Consequently, unless the motion for reconsideration is resolved, the BAC cannot determine the Lowest Calculated Bid/Highest Rated Bid and no award could be made.

2. If the BAC makes a decision on the motion for reconsideration, is it mandatory for the BAC to inform the public of its decision?

If the motion for reconsideration is granted, it is mandatory for the BAC to publicly open the second bid envelope of the bidder and, thus, must notify the bidder and the other interested parties, such as but not limited to the other eligible bidders and the observers, of the date and time for the opening of the second bid envelope (Sections 30.1 and 30.2, IRR-A). On the other hand, if the motion for reconsideration is denied, it is mandatory for the BAC to notify the bidder who submitted the motion for reconsideration. This is to give the bidder an opportunity to file a protest of the resolution of the BAC denying its motion for reconsideration (Section 55.1, IRR-A).