NPM 069-2013

Requesting Entity: MTC Opto-Medic, Inc.

Issues Concern: Opening of Bids



Inquiry on the proper conduct of the opening of bid envelopes of a bidder whose bid was not opened on the scheduled bid opening date because of a declaration of disqualification.

In order to maintain the public character of a bid opening activity, the Bids and Awards Committee (BAC) should open a reconsidered bid under the same circumstances as it opened the bids that were not disqualified, i.e., upon a duly scheduled opening of bid with proper notices to the concerned entities.

Whether the opening of bids may be conducted by the BAC Secretariat without the presence of the BAC.

Sections 12.1, 30.1 and 30.2 of the revised IRR of RA 9184 categorically vests upon the BAC the authority to determine each bidder's compliance with the required documents for purposes of eligibility.

[T]he BAC cannot delegate its authority to open and examine bids preliminarily, which was expressly vested upon it by RA 9184 and its revised IRR, to the BAC Secretariat.