NPM 021-2012

Requesting Entity: Catalina Security Agency

Issues Concern: Additional Eligibility Requirements in the Bidding Documents



Whether a procuring entity can prevent a bidder, who filed a case against it, from joining a public bidding by placing a prohibition to that effect in its bidding documents.

As we have discussed in a previous opinion, procuring entities are proscribed from requiring additional eligibility requirements. The list of minimum eligibility requirements under the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184 has ben streamlined/simplified, such that only those requirements enumerated in Section 23.1, 24.1, and 25.1 of the IRR are necessary for purposes of determining bidder's eligibility. The rationale afforded by the GPPB for this is to allow greater participation, enhance competition among prospective bidders, and reduce transaction costs.

Based on the foregoing, procuring entities are proscribed from requiring additional eligibility requirements as this may defeat competition. Therefore, it is our considered view that the requirement that participating bidders must not have filed any case against the SSS is not in accord with the procurement law and its associated rules.