Requesting Entity: Social Security System
Issues Concern: Post-Qualification Period
Whether or not the BAC may still proceed with its recommendation to award the contract to the bidder with the lowest calculated and responsive bid even if the three (3) month procurement period within which to complete the procurement process had already lapsed.
[T]he GPPB is of the opinion that the procuring entity may still award the contract even beyond the said three-month period, provided that the failure was due to justifiable causes, and provided further, that the bid security of the bidder remains valid. (See PM No. 04-2007)
Corollary thereto, we would like to stress that the determination of whether the delay is due to justifiable causes or not rests entirely with the procuring entity. Thus, under Section 65.1.2 of the IRR-A, any delay, if unjustified, may be a ground for the institution of an administrative sanction against the BAC or the head of the procuring entity (HOPE).
Finally, we would like to advise you that under Section 34.1 of the IRR-A, the prescribed period for conducting postqualification shall be 7 calendar days from the determination of the bidder having the Lowest Calculated Bid/Highest Rated Bid. It is only under exceptional cases, as determined by the Procuring Entity, may the HOPE extend the postqualification period, but in no case shall the aggregate period exceed 30 calendar days.