NPM 133-2012

Requesting Entity: Failure to submit Original/Authenticated Legal Documents

Issues Concern: Fabmik Construction and Equipment Co. Inc.



Whether the Procuring Entity (PE) may require the submission of the original or certified true copies of the eligibility legal under Section 23.1 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.

[T]he PE cannot require the submission of originals as even the procurement rules allow the submission of copies as sufficient compliance with the requirements. This is clear in the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, where the prospective bidder or its duly authorized representative must submit a Sworn Statement in the form prescribed by the GPPB.

[A] bidder may validly submit copies of the required documents, provided that it executes a Sworn Statement certifying that the copies of the documents submitted are authentic and complete copies of the original documents, and the information and statements therein are true and correct.