Requesting Entity: Forest Management Bureau
Issues Concern: Failure of Bidding; Sale of Bidding Documents in Case of Re-bidding
1. Whether or not the BAC is allowed to include in one (1) Resolution the disqualification of all bidders who all used labor rate below minimum wage.
It is not necessary that separate BAC Resolutions be issued to declare the disqualification of all the bidders. If after opening and preliminary examination of bids, all bidders were disqualified, such fact can be reflected in one Resolution where the Bids and Awards Committee (BAC) will declare a failure of bidding and recommend the conduct of re-bidding with re-advertisement, when applicable, subject to compliance with Sections 35.2 and 35.3 of the revised Implementing Rules and Regulations of Republic Act No. 9184.
2. Whether or not the previous bidders who joined the previous failed bidding are required to pay the cost of the Bidding Documents in case of subsequent re-bidding.
The decision to require previous bidders, who joined the first failed bidding, to pay the cost of the Bidding Documents for the re-bidding depends upon the Procuring Entity, taking into account the need to recover the cost of its preparation and development vis-a-vis the effects on competition and participation of bidders.