Requesting Entity: National Housing Authority
Issues Concern: Technical Requirements for Infrastructure Projects
(1) Whether the procuring entity may require the submission of different sets of personnel for different projects of the National Housing Authority (NHA) in different geographical locations as part of its project requirements.
[T]he determination on the assignment of personnel for a particular project lies within the discretion of the concerned bidder. What is required is that the manpower to be provided by the bidder should be included in the aforementioned list. Requiring that the personnel be confined to a specific project for the entire duration of a particular project may be too limiting on the part of the contractor and may discourage participation since it will require contractors to put in additional cost and resources, despite the uncertainty of winning in any or all of the projects.
[W]hat is more important is the availability of these personnel when their services are needed. While the procuring entity should not require the submission of different sets of names in the list of contractor’s personnel per project, it is incumbent upon the BAC to determine during the evaluation of the bids as to whether the bidder concerned may make available its personnel at the time they are needed for the project in the event it is awarded to them.
(2) Whether the submission of a list of contractor’s personnel containing the same names by a bidder who participates in two (2) or more projects results in his disqualification.
[T]he inclusion of the same personnel by the same bidder in several of its bid proposals should not be a ground for disqualification for being too restrictive and limiting.