Requesting Entity: Department of Public Works and Highways
Issues Concern: Alabang Viaduct Rehabilitation and Upgrading Project
Note that Section 17.6 of the Implementing Rules and Regulations Part A (“IRR-A”) of Republic Act No. 9184 (“R.A. 9184”) contemplates the possibility of adopting design and build schemes for the procurement of infrastructure projects. However, it should also be noted that, although modification of bids is allowed, Section 26 of R.A. 9184 provides that this may only be done before the deadline for receipt of bids. It also provides that, although a bidder may withdraw his bid, he shall no longer be allowed to submit another bid for the same contract. This is in line with the general principle that improvement of bids and alternative bids shall not be allowed. It is on this matter that we observe with approval the fact that as described in your letter, an eligible bidder shall submit only one bid, and that this bid shall either be based on PNCC’s design or one with an alternative design or technology, the latter referring to an alternative to the specified design rather than to an alternative bid.