NPM 123-2012

Requesting Entity: United Coconut Planters Life Assurance Corp. (Cocolife)

Issues Concern: Various Issues on Republic Act (RA) 9184 and its Revised Implementing Rules and Regulations (IRR)



Is private bidding sanctioned by RA 9184?

Private bidding, per requesting entity's definition, is a bidding which is unpublished or not posted with a pre-disqualified bidder. x x x for all competitive bidding activities, Section 21.2.1 of the IRR of RA 9184 requires advertisement and posting.

Is a health insurance contractor for thirty (30) years not compliant with the SLCC requirement if it does not have exactly the same insurance contract as the subject of the bidding?

[I]t is entirely within the discretion of the PE whether to consider a project as being similar or not similar in nature and complexity to the project being bid out.

[A] contract shall be considered "similar" to the contract to be bid if it involves goods or services of the same nature and complexity as the subject matter of the project being procured. This requirement should not be interpreted strictly as to unreasonably limit competition and inequitably bar participation of capable suppliers, manufacturers, distributors, and service providers x x x similarity of contract should be interpreted liberally in the sense that it should not refer to an exact parallel but only to an analogous one of similar category.

Is non-compliance with the TOR a ground for disqualification of the bidder?

Under Section 17.1 of the IRR of RA 9184, the Technical Specifications or the TOR form part of the Bidding Documents. x x x the Bidding Documents contain all the specific requirements, limitations and parameters of the procurement at hand, as determined by the PE, which bids will be compared and evaluated for determination of compliance or responsiveness. Thus, non-compliance by the bidder with the Technical Specifications or the TOR is a ground for disqualification.

A "new" bidding was done without declaring a failure of bidding for the 28 February bidding, and without issuing a new Invitation to Bid (IB). Is this procedure compliant with the existing procurement rules?

[A] failure of bidding should first be declared by the BAC for the second public bidding before the PE may continue its procurement through another competitive bidding, or negotiation under the Two Failed Biddings modality. A subsequent bidding conducted without declaration of failure of bidding for the previous bidding is not allowed under RA 9184 and its IRR.