NPM 040-2012

Requesting Entity: National Irrigation Administration (NIA)

Issues Concern: Compliance with the Technical Specifications



Seeking opinionrelative to the findings by the Technical Working Group, during the technical and post-qualification stage of the bidding, of differences in the requirement for the project vis-a-vis the bid submitted by the bidder.

[D]uring the post-qualification stage of the bidding process, the Bids and Awards Committee (BAC) determines the responsiveness of the Lowest Calculated Bid (LCB) against the requirements specified in the Bidding Documents. In case the BAC finds that the LCB does not comply with the requirements specified in the Bidding Documents using non-discretionary pass/fail criterion, it shall notify the bidder of its disqualification.

Considering that the technicalities amount to non-compliance with the requirements in the Bidding Documents, this office urges you to consider using non-discretionary criteria, as stated in the Bidding Documents, in verifying, validating, and ascertaining all statements made and documents submitted by the bidder and to immediately notify the bidder in writing in case of post-disqualification pursuant to Sections 34.3 and 34.5 of the Implementing Rules and Regulations of Republic Act 9184 in deciding the matter.