Requesting Entity: Department of Energy

Issues Concern: Bid Opening and Supplemental/Bid Bulletin

Details

Whether the re-scheduling of the opening of bids results to the automatic re-scheduling of the deadline for the submission of bids.

[I]t is clear that the opening of bids should be conducted within the same day as, and immediately after, the deadline for the submission and receipt of bids. However, a careful study of RA 9184 and its IRR shows that nowhere is it stated that the re-scheduling if the opening of bids automatically results to the re-scheduling of the deadline for the submission of bids.

It appears, therefore, that the BAC’s act of postponing the opening of bids from 15 November 2011 to 17 November 2011 without postponing the deadline for submission of bid documents is contrary to the bidding procedures prescribed by the IRR. Thus, the Supplemental/Bid bulletin issued for the purpose cannot validly amend or modify this date of opening of bids as indicated in the Bidding Documents.

In sum, while the BAC erred in changing the date for the opening of bid documents to a date different from the deadline for submission of bids, the bidders have no basis for submitting their bid documents beyond the deadline for its submission.