Requesting Entity: Philippine National Police (PNP) National Headquarters Directorate for Logistics
Issues Concern: Simultaneous Functional Testing of Equipment During Bid Evaluation
Whether the PNP can subject all bids declared as "passed" during the bid evaluation to a "functional test" before the verification, validation, and ascertainment of the submitted documents of the Lowest Calculated Bid (LCB).
The practice of subjecting all bids declared as "passed" during the bid evaluation to a "functional test" before the verification, validation, and ascertainment of the submitted documents of the Lowest Calculated Bid (LCB) runs counter to the provisions of Section 32 and 34 of RA 9184 and its IRR. Bid evaluation under Section 32 of the IRR of RA 9184 entails the determination of the LCB using the non-discretionary "pass/fail" criterion in considering the completeness of the bid and arithmetical corrections. After determining the bidder with the LCB, it is then subjected to post-qualification under Section 34 of the same IRR, wherein the procuring entity verifies, validates, and ascertains all statements made and the documents submitted by the bidder with the LCB or Highest Rated Bid (HRB) using non-discretionary pass/fail criterion. The product testing, during which the procuring entity may conduct the "functional test" and other test parameters it has identified and incorporated in its Bidding Documents, is done during the post-qualification stage of the procurement process. Thus, before the Bids and Awards Committee (BAC) could even conduct the product testing, the rules require that it should ensure that the bidder who will undergo post-qualification has submitted all the legal, technical, and financial requirements.