NPM 036-2013

Requesting Entity: Municipality of Asipulo

Issues Concern: Marking of Bids



Whether improper marking may be a ground to disqualify a bidder.

Since the rule and the relevant ITB Clauses (Clauses 20.1 and 20.2) use the word "shall", which connotes command and compulsion, the requirements on sealing and marking of bids are regarded as mandatory.

Accordingly, it is our considered view that failure to observe the proper sealing and marking of bids may be a ground to disqualify a bidder.

Whether a bidder, being a construction company by nature, may participate in the procurement of a vehicle.

[A] Mayor's Permit is in the nature of a business permit which authorizes the person, natural or otherwise, to engage in business or some commercial activity. Thus, a prospective bidder's business as stated in the Mayor's Permit should allow it to legally perform the requirements and obligations of the project and the resultant contract.

Consequently, it is necessary for the BAC to determine whether the Mayor's Permit issued to the construction company authorizes it to engage in the business of supplying/selling dump trucks, such that a finding to the contrary would amount to non-compliance by the bidder and will result to its disqualification.