Requesting Entity: Province of Leyte

Issues Concern: Return of Original Bid Documents Submitted


Whether the BAC may legally return the original documents submitted as part of the bid.

[I]t is our considered opinion that the BAC can return the original documents, subject to the condition that they be replaced with certified true copies.

We understand that the bidder requesting for the release or return of the original documents had already been declared as the lowest calculated and responsive bid or the winning bidder. Following the process prescribed by R.A. 9184, the authenticity of these documents had already been verified, validated, and ascertained during the post qualification stage of the procurement process. At this stage, therefore, it is legally permissible on the part of the procuring entity to grant the request of the winning bidder, provided that that the BAC ensures that these documents are replaced by certified true copies for record-keeping and auditing purposes.