Requesting Entity: Strategic Synergy, Inc. (SSI)

Issues Concern: Items/Services Included in the Terms of Reference (TOR)

Details

Whether a winning bidder may be compelled to deliver items/services that are not specifically identified and mentioned in the TOR but merely interpreted as “understood”. [I]n the absence of the Supplemental/Bid Bulletin reflecting the appropriate changes in the Bidding Documents or TOR, the PE could not compel prospective bidders or the winning bidder to deliver items/services, which were not specifically identified and mentioned in the Bidding Documents or TOR. The interpretation laid down, that is, the changes in the Bidding Documents or TOR are as “understood” will be unenforceable for failure to comply with the conditions under Sections 22.5.2 and 22.5.3 of the IRR of RA 9184.