Requesting Entity: Department of National Defense (DND)

Issues Concern: Extension of Period for Submission of Post-Qualification Documents

Details

Whether a Procuring Entity (PE) may validly accept the post-qualification documentary requirements enumerated under Section 34.2 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 from the bidder with Lowest Calculated Bid (LCB) submitted beyond the three-day reglementary period, in cases when delay is due not to its fault but to the fault of the issuing government entity.

[T]he three (3) calendar day period under Section 34.2 of the IRR is mandatory and should not be extended. In case DND accepts the post-qualification documentary requirements beyond the reglementary period, it must show that there is a compelling, sufficient, valid, reasonable, and justifiable cause for such extension, so that penal sanction or liability will not set in. We wish to stress, however, that applicable administrative and civil sanctions or liabilities may still be imposed against the concerned officials.