2013-12-23

NPM 111-2013

Requesting Entity: Advance Solutions, Inc.

Issues Concern: Statement of On-going and Completed Contracts

 

Details

1.Whether projects may be considered as "ongoing" if it has been awarded to the bidder through the issuance of the Notice of Award (NOA) by the Head of the Procuring Entity (HOPE), but no contract has been signed yet.

Projects where a NOA has been issued, but for which no contract has been signed yet, should be included in the statement required under Section 23.1(a)(iii) of the IRR of RA 9184 because these are already considered awarded contracts. The receipt by the winning bidder of the NOA is the initial step that leads to the execution of the contract, and a duly communicated and received NOA brings about the perfection of contracts through the meeting of the minds of the offeror - the bidder and the offeree - the Procuring Entity.

2. Whether non-inclusion of said projects in the statement of all ongoing and completed government and private contracts required under Section 23.1(a)(iii) of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184 is a ground for disqualification and blacklisting.

Failure to include all ongoing and completed contracts in the Statement may be a ground for disqualification for being incomplete, and may also result in blacklisting if proven that such failure amounts to submission of false information or false documents. The submission of the eligibility documents enumerated in Section 23.1 of the IRR is a mandatory requirement that must be complied with by prospective bidders, such that failure to submit any of the documents or the submission of an otherwise incomplete or patently insufficient document, will disqualify the bidder based on the non-discretionary "pass/fail" criterion under Section 30.1 of the IRR.

Morever, Section 23.7 of the IRR states that if the procuring entity uncovers any misrepresentation made in the eligibility requirements, statements or documents, it shall consider the prospective bidder as ineligible and shall disqualify it from obtaining an award of contract. In connection with this, Section 4.1.1 of the Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors, and Consultants provides that the submission of eligibility documents containing false information or false documents during the competitive bidding stage shall render the suspension/blacklisting of such bidder from participating in government procurement activities.