2015-10-08

NPM No. 035-2015

Requesting Entity: RJC Security and Investigation Agency, Inc.

Issues Concern: Government Procurement Policy Board (GPPB) Resolution No. 03-2012

 

Details

Propriety of the decision disqualifying a bidder on the ground that it only submitted one (1) form of Bid Security, i.e., Bid Securing Declaration (BSD).


[T]he GPPB and its Technical Support Office (GPPB-TSO) only render Policy and Non-Policy Matter Opinions, respectively, on issues purely relating to the interpretation and application of our procurement laws, rules, and regulations. It has no jurisdiction to rule over actual controversies with regard to the conduct of the bidding since it has no quasi-judicial functions or investigatory powers under the law. Moreover, we adhere to the position that apart from courts having actual jurisdiction over the subject matter of a case, we cannot, nor any other government agency, authority, or official, encroach upon or interfere with the exercise of the functions of the BAC, since these duties and responsibilities fall solely within the ambit of its authority and discretion as sanctioned by law.


xxx


[T]he existing rule on the submission of bid security as explained in Non-Policy Matter Opinion No. 021-2014 dated 17 June 2014, to wit:


"[B]idders are not required to post two (2) forms of bid security. We wish to clarify that the PE is mandated to include the BSD in its Bidding Documents as an acceptable form of bid security and at least one (1) of the forms provided for under the rules. Ultimately, the bidder has the discretion and choice as to what form of bid security it shall post."