Requesting Entity: Himex Corporation (Himex)

Issues Concern: Disapproval of the Recommendation of the Bids and Awards Committee (BAC); Protest Mechanism

Details

Remedies available to a bidder after the Head of the Procuring Entity (HOPE) disapproved the BAC resolution recommending the contact award in its favor.

The notice of disapproval by the HOPE of the recommendation of the BAC should be communicated to the bidder concerned in writing, and contain sufficient information upon which the valid, reasonable, and justifiable grounds for such decision is based. Article XVII of Republic Act No. (RA) 9184 and Rule XVII of its revised Implementing Rules and Regulations (IRR) provide the avenue for redress of grievance on decisions of the BAC and the HOPE. The protest mechanism established in these rules, dictates that decisions of the BAC may be questioned by filing a request for reconsideration. If the BAC denies such request, the decision may be subsequently protested by filing a verified position paper to the HOPE.

In the case of Dimson (Manila), Inc. and Phesco, Inc. v. Local Water Utilities Administration, the Supreme Court held that “only upon the final resolution of the protest can the aggrieved party be said to have exhausted the available remedies at the administrative level. In other words, it is only the remedy of certiorari before the proper courts be availed. Non-compliance with this statutory requirement, under Section 58 of R.A. No. 9184, constitutes a ground for the dismissal of the action for lack of jurisdiction.”