Requesting Entity: Department Of Energy (DOE)
Issues Concern: Protest Fee and Typographical Error in the Technical Specification
1. Whether the non-payment of protest fee within the reglementary period is a valid ground for a denial of the protest being filed
Section 55.3 of the IRR of RA 9184 specifically states that protest may be made by filing a verified position paper with the Head of the Procuring Entity (HOPE) concerned, accompanied by the payment of a non-refundable protest fee in the amount or percentage of the ABC prescribed depending on the ABC range. Hence, the payment of the protest fee is a condition sine qua non for the filing of a valid protest.
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Consequently, non-payment of protest fee within the reglementary period is a justifiable basis for the HOPE not to entertain the protest.
2. Whether a typographical error (numerical figure) appearing in the technical specifications will invalidate the entire bid if all other documents (financial, etc.) reflected the correct figure.
[A]n alleged typographical error resulting in non-compliance with the required number of units relative to a technical component of the project to be procured is a ground for disqualification; and any discrepancy in the submitted price or in the calculated bid price shall be resolved following the rules in Section 32.2.3 of the IRR of RA 9184.