NPM 046-2013

Requesting Entity: Romero Abiera & Romero Law Offices

Issues Concern: Division of Project into Separate Lots through a Supplemental/Bid Bulletin



Whether the Department of Transportation and Communications (DOTC) could legally divide a single procurement project into 2 lots with 2 separate Approved Budget for the Contract (ABC) without re-advertising the amended/revised Invitation to Bid and Bidding Documents.

[I]t is not necessary for the DOTC to re-advertise the revised Invitation to Bid (IB) for the Project, as the original IB that was advertised already provided necessary and relevant information that would sufficiently notify the public of the procurement opportunity, including the relevant components and the corresponding ABCs for each of these components; and the Bid Bulletins issued thereafter merely set to clarify that the DOTC intends to receive offers for each of the 2 components of LTO MV Plate Standardization Program.

In reiteration, clarifications or modifications to the Bidding Documents through the issuance of Supplemental/Bid Bulletins by the procuring entity are sanctioned by the procurement law and the associated rules and regulations without need of further re-advertisement of the IB.