NPM 043-2011

Requesting Entity: Davao United Builders Corporation

Issues Concern: Acceptable Forms of Bid Security



Whether the Bids and Awards Committee (BAC) of the national Irrigation Administration (NIA) Regional Office (RO) XII has the power or authority to alter or amend any part or section of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, particularly the provision on the acceptable forms of security.

The procurement policy embodied in Section 27.2 of the revised IRR of RA 9184 stands, i.e., bidders have the option to choose from any of the acceptable forms of bid security enumerated under the IRR of RA 9184, and procuring entities may not limit the allowable forms of bid security nor prohibit bidders from submitting any of the acceptable forms of bid security.

In view of the foregoing, we are of the opinion that the BAC of NIA RO XII may not limit the acceptable forms of bid security to bank guarantee/certificate for its procurement activities, more so require the same through verbal instructions during pre-bid conference. After all, no changes or modifications to the bidding documents may take effect unless identified in writing and issued through a Supplemental/Bid Bulletin.