Requesting Entity: Aspen Multi-System Corporation

Issues Concern: Demonstration Prior to Bidding

Details

Whether the demonstration of the item prior to bidding will amount to a “prequalification” requirement abandoned with the enactment of Republic Act (RA) No. 9184.

[I]f the required demonstration of the item to be bid, will be a criterion for eligibility or qualification of bidders, such that the subsequent bidding process will be limited to those who participated in the demonstration activity, then the required demonstration will amount to “pre-qualification,” which is proscribed under Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR). However, if the information and result of the demonstration will only be used by the procuring entity in coming up with its technical specifications, and equal opportunity shall be extended to all prospective bidders who are capable of complying with the procuring entity’s requirements, then the demonstration will not fall within the ambit of “prequalification” activity proscribed by RA 9184.

Whether this prior demonstration will result in “pre-determination” of the bid results as the demonstration would be the basis for post-qualification.

[T]he demonstration conducted prior to bidding will not result in the pre-determination of the bid results if such was conducted only for the purpose of aiding the procuring entity in crafting its technical specifications and parameters, which may even be regarded as part and parcel of its market research approach. Such prior demonstration cannot be the basis for post-qualification results since the post-qualification process, which includes verification, validation and ascertainment, including the testing, of the goods/product for compliance with the technical requirements under Section 34 of RA 9184 and its IRR, is mandatorily conducted for each and every project submitted for competitive bidding. The objective of which is to determine whether the bidder complies with and is responsive to all the legal, technical and financial requirements and conditions specified in the bidding documents.