NPM 025-2013

Requesting Entity: Batangas State University (BSU)

Issues Concern: Post-disqualification for Non-submission of Additional Documents



Whether the BSU-BAC could validly declare a bidder post-disqualified for its refusal to submit an Affidavit declaring that they will deliver genuine and authentic products and disclosing its source.

[T]he procuring entity may request for the submission of additional documents from the bidder in support of the information it has provided in the bidding documents. However, non-submission of the additional supporting documents requested cannot be a ground for the bidder's post-disqualification, as a bidder may be post-disqualified only upon ascertainment, validation, and verification of its non-compliance with the legal, technical, and financial requirements of the project as provided in the bidding documents.

BSU-BAC cannot post-disqualify PVIC for non-compliance with the submission of the requested Affidavit attesting to the genuineness and authenticity of the goods it will deliver and disclosing its source. However, as part of post-qualification, BSU can validly inspect and test the products that PVIC proposes to deliver vis-a-vis the legal, technical and financial requirements provided for in the bidding documents, to determine its compliance, and post-disqualify PVIC if it fails to meet such requirements.