NPM 039-2009

Requesting Entity: Zamboanga City Water District

Issues Concern: Requirement of Financial Statements to be Stamped



Whether or not ZCWD may post-audit the financial statement by requesting BIR to authenticate that the same document was submitted for income tax purposes and to award the contract to the said bidder in case of compliance or declare the bidder as "failed" applying the pass/fail criteria.

Under 23.2 of the IRR-A of RA 9284, failure to submit a requirement or an incomplete or patently insufficient submission shall be considered as "failed" and the bidder shall be declared "ineligible" to participate in the bidding.

x x x

Needless to state, should the BAC, in the exercise of utmost discretion, allow the acceptance of said financial statement and subject the same to "post-audit" through verification and validation during post qualification, accountability or such action remains with the ZCWD, as the procuring entity.