Requesting Entity: Philippine Coconut Authority
Issues Concern: Single Calculated/Rated and Responsive Bid
Whether or not an internal policy of requiring award of contract only if there are at least two eligible bidders who submitted bids is in accord with R.A. 9184.
We regret to inform you that said proposal runs counter to the mandate of Section 36(b) of R.A. 9184. Under said provision of law, the procuring entity is obliged to consider for award a bid even if it were submitted by the sole bidder who passed the eligibility requirements or criteria.
The rationale behind Section 36 of R.A. 9184 is to prevent situations when the procuring entity decides not to award a contract to the sole bid, although said bid is determined to be eligible and responsive. It is a preventive measure meant to check favoritism and subjectivity.
Nevertheless, it bears stressing that the procuring entity still retains the right not to award the contract for justifiable causes enumerated under Section 35 and 41 of R.A. 9184 and its IRR-A.