Requesting Entity: Maxiair Corporation (Maxiair)
Issues Concern: Grounds for Post-Disqualification
Whether the BAC may require other specifications in addition to what was indicated in the Bidding Documents without the issuance of the corresponding Supplemental/Bid Bulletin.
[I]f no Supplemental/Bid Bulletin is issued to reflect changes in the Bidding Documents, or even if the same was issued but not posted at the PhilGEPS’ and PE’s websites, the original provisions contained in the Bidding Documents remain and the prospective bidder, including the winning bidder cannot be compelled to abide or comply with the changes made by the PE.
[T]he PE cannot compel prospective bidders or the winning bidder to submit or comply with requirements not initially provided in the Bidding Documents or through any Supplemental/Bid Bulletin issued by the PE for the project that must be posted at the PhilGEPS' and the PE's website.
Whether the receipt of complaints from end-users on the service and spare parts of air conditioning units may be a ground for a bidder's disqualification.
[E]nd-user complaint is not in itself ground for post-disqualification, unless the PE determines that the bidder is not legally, technically and financially capable to complete the project based on such complaints.