Requesting Entity: Atty. Karen Joy H. Valencia-Bala

Issues Concern: Ground for Disqualification

Details

Whether AVM Bernardo (AVM) may be deemed to have satisfied the “clean track record in the supply, delivery and installation of the goods after sales service” requirement as stated in the matrix of eligibility requirements of the National Tobacco Administration (NTA), if the allegations on AVM’s poor performance in its past projects are found to be true and authentic by the NTA Bids and Awards Committee (BAC).

[T]he PE, through its BAC, is in the best position to determine the truthfulness and authenticity of the allegations made by a bidder against another bidder. Nonetheless, x x x only upon proper verification, validation and ascertainment of the documents submitted and the representations made that the winning bidder is legally, technically and financially responsive should the PE proceed with the awarding and execution of the contract with the bidder having the LCRB. Conversely, if the PE, through the BAC, determines that the bidder whose bid is subject to post-qualification fails to satisfy any of the legal, technical and financial requirements, then the former must refrain from awarding the contract and the latter should be disqualified.