Requesting Entity: Jodaar Cottage Industries (JCI)

Issues Concern: Presence of Authorized Representatives

Details

Whether the National Food Authority (NFA) can require in its Invitation to Bid (IB) for the Supply and Delivery of NFA Region 3’s Empty Sacks that in case of sole proprietorship, only the owner/proprietor is authorized to represent the company/firm in all bidding activities.

Section 25.2 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 requires the prospective bidder or its duly authorized representative to issue a sworn statement that the signatory is the duly authorized representative of the prospective bidder, and granted full power and authority to do, execute and perform any and all acts necessary to represent the prospective bidder in the bidding. It is clear from this provision that the designation of a duly authorized representative is available not only to corporations, partnerships or joint ventures, but also to sole proprietorships.

All told, it is our considered view that NFA cannot restrict participation only to the principal/bidder, but shall likewise extend the representation to the duly authorized representatives of the corporations, partnerships, joint ventures, including the sole proprietorship.