NPM 050-2012

Requesting Entity: Bangko Sentral ng Pilipinas (BSP)

Issues Concern: Statement of All Ongoing and Completed Government and Private Contracts



Whether the bidder may substitute a list of its top ten completed contracts for the requirement under Section 23.1(a)(iii) of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.

x xx Section 23.1 of the IRR of RA 9184 enumerating the documents to be submitted for purposes of determining the legal, technical, and financial eligibility of bidders is a mandatory provision. As discussed in a previous opinion, this eligibility criterion cannot be dispensed with or compromised as this is one of the minimum requirements that a prospective bidder has to satisfy to establish its track record and capacity to perform contractual obligations.

[P]roviding the list of top ten completed contracts cannot substitute for the requirement under Section 23.1(a)(iii) of the IRR. The submission by the bidder of a statement of "all ongoing and completed government and private contracts" is a mandatory provision that cannot be dispensed with.