NPM 136-2012

Requesting Entity: Metropolitan Waterworks and Sewerage System (MWSS) Regulatory Office

Issues Concern: Absence of Quorum during the Opening of Financial Bid



Whether the decision of the Bids and Awards Committee (BAC) Chairman and Vice-Chairman of the MWSS to proceed with the Opening of the Bidder’s Financial Bid despite the absence of quorum is a valid ground to declare a failure of bidding.

[T]he conduct of opening of the financial proposal necessitates the collegial action of the BAC. Thus, quorum constituting a majority of the members of the BAC must be present during the opening of the financial proposal for the purpose of conducting negotiations with the consultant. Absent such quorum, any decision rendered by the Chairman and/or Vice-Chairman, acting alone or in concert, is regarded as unofficial and cannot be attributed to the collegial action of the BAC. It follows that any decision rendered during this stage, regardless of the decision to move the date of negotiation with the consultant is an act that was done outside the legal parameters set by RA 9184 and its IRR.