NPM 075-2013

Requesting Entity: Philippine Nuclear Research Institute (PNRI)

Issues Concern: Authority of the Bidder's Legal Representative



Whether PNRI could revoke an awarded contract prior to its implementation due to a question on the authority of the representative to submit bid and represent the would be bidder company.

Should it be established that the representative has no authority to represent the bidder, PNRI may disqualify the bidder and revoke the NOA. On the other hand, if it has been determined that the same representative has no authority to represent, but the conditions for award have already been fulfilled, PNRI should terminate the contract for unlawful act following the procedures under the Guidelines on Termination of Contracts. Conversely, if the representative has the authority from the Board of Directors of the bidder company, the contract award and execution can proceed.