NPM 064-2012

Requesting Entity: Office of Project Development Services (OPDS) - Department of Interior and Local Government

Issues Concern: Validity of the grounds for post-disqualification



Whether the Bids and Awards Committees (BAC) decision on disqualifying Promatechis on the ground that during post-qualification the equipment to be procured was not available for inspection, is valid.

[T]he Government Procurement Policy Board (GPPB) has no jurisdiction to rule over actual controversies relative to the conduct of the bidding process, considering that it has no quasi-judicial functions under Republic Act (RA) No. 9184. The determination of the legality and/or validity of the actions and decisions of the BAC including contracts emanating therefrom is not within the express mandate of the GPPB.

x x x the objective of post-qualification under Section 34 of RA 9184 is to determine whether the bidder complies with and is responsive to all the legal, technical and financial requirements and conditions specified in the bidding documents. During post qualification, the procuring entity verifies, validates and ascertains all statements made and the documents submitted by the bidder with the Lowest Calculated Bid (LCB) or highest rated bid using non-discretionary pass/fail criteria as stated in the bidding documents.

These criteria shall consider the legal, technical and financial requirements, such as, but not limited to, the bidder’s stated competence and experience, the availability and commitment, and/or inspection and testing of the equipment units to be owned or leased by the bidder x x x. Hence, the verification entailed under the post-qualification stage is not limited to the examination of documents submitted by the bidder, but includes inspection of the subject equipment vis-à-vis the technical specifications specified in the bidding documents.

[T]he act of the procuring entity in verifying, validating, and ascertaining the conformity of the goods/equipment to be delivered with the technical specifications is in accordance with the verification of technical requirements mandated under the rules for post-qualification. If, on the scheduled date of inspection, the bidder fails to present the subject equipment for examination or evaluation without justifiable cause, the BAC has the prerogative to declare the bidder post-disqualified for failure to comply with the requirements.