Requesting Entity: Jose R. Reyes Memorial Medical Center (JRRMMC)
Issues Concern: Disqualification of Bidders
1.Whether the procuring entity can disqualify a bidder when the bidder failed to include government contracts in its "statement of all its ongoing and completed government and private contracts" as provided in the Bid Data Sheet (BDS) of its Bidding Documents for the project.
When the Bidding Documents directs bidders to submit a "statement of all its ongoing and completed government and private contracts", the submitted document must contain a complete list of all the bidder's ongoing and completed contracts both with government and private entities, together with all other information required in the Bidding Documents.
Section 30.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184, the Bids and Awards Committee (BAC) shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary "pass/fail" criterion. If a bidder submits the required document, it shall be rated "passed" for that requirement, and rated "failed" if no document is submitted or if the document submitted is incomplete or patently insufficient
2. When the bidder posted its bid security, in the form of a surety bond, in an amount that is less than the amount provided in the BDS of its Bidding Documents for the project as prescribed by the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.
The amount of the bid security submitted must be sufficient as to the form and amount specified in the IRR of RA 9184 and the Bidding Documents.