NPM 144-2012

Requesting Entity: Bacolod City

Issues Concern: Responsiveness of Bids



Whether a bidder in the "Garbage Collection and Hauling" Project (Project) of the City of Bacolod may be post-disqualified due to the fact that its proposed transfer station is located within a residential area.

[U]nder City Ordinance No. 216 (CO 216), Series of 1998, "transfer stations" are not allowed in Residential Zones. x x x in accordance with the requirements of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the same must be considered and factored in by bidders in the development and preparation of their bids as they are deemed to "[have] acknowledged all conditions, local or otherwise, affecting the implementation of the contract," and they are presumed to know the laws, rules and regulations affecting the execution of the Project - ignorance of the law excuses no one from compliance therewith.

Consequently, the bid submitted must comply not only with the legal, technical and financial requirements of the Project, but should also conform with the mandate and imposition of existing laws, rules and regulations, including other factors that may affect the execution or implementation of the Project in order that it may be fully completed.