NPM 037-2009

Requesting Entity: Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA)

Issues Concern: Period of Availability of the Bidding Documents



Whether the period for the issuance of the bidding documents may be extended to accommodate additional participants in view of BAC's decision to grant the prospective bidders` request to set the opening of bids to later date.

Under Section 12.1 of the IRR-A of RA 9184, the conduct of the bidding process is within the responsibility of the BAC. Thus, the BAC is the one accountable for providing the procurement timelines in a particular bidding activity, including the period of availability of bidding documents and the date of bid opening. Nevertheless, the aforesaid responsibility of the BAC must be exercise consistent with the periods prescribed under IRR-A of RA 9184 Section 21.1 and Section 21.2.2.

BAC is also required to convene at least one (1) pre-bid conference for contracts to be with an Approved Budget for the Contract (ABC) amounting to one million pesos (Php 1,000,000.00) and above, at least twelve (12) calendar days before the deadline for submission and receipt of bids. xxx.

Therefore, BAC of PAG-ASA may extend the period of availability of the bidding documents provided, that, it is expressly stated during the pre-bid conference, in case one has not yet been conducted, and a Supplemental/Bid Bulletin is issued for the purpose. However, if a pre-bid conference had already been conducted, the BAC of PAG-ASA still has to issue a Supplemental/ Bid Bulletin and post the same in the websites of PAG-ASA and the PhilGEPS, or BAC may conduct another pre-bid conference.