Requesting Entity: Land Bank of the Philippines

Issues Concern: Procurement of a Two-Year Lease Rental of Thirty Four (34) Units Brand New Copier Machine for Land Bank of the Philippines Head Office

Details

Whether or not a procuring entity may consider an offer in addition to the minimum requirements or specifications provided in the bidding documents for purposes of bid evaluation.

In light of the afore-quoted provision (Section 17.4, IRR-A, R.A. 9184), it cannot be gainsaid that even if a bidder offers items or services that are not included or mentioned in the bidding documents such offer cannot be given weight and considered in the evaluation of bids. A procuring entity cannot consider any offer, for purposes of bid evaluation, above the minimum requirements or specifications provided in the bidding documents.

Applying this principle to the facts of the procurement project subject matter of this opinion, we are of the opinion that even assuming arguendo that the clause “inclusive of 2% maximum allowable spoilage” is considered a provision for discount to the price offer of Php0.50 per copy, the LBP-BAC cannot deduct said two percent (2%) from the Php0.50 price proposal in the evaluation of its bid because the bidding documents did not provide for any requirements pertaining to spoilage.