NPM No. 043-2015
Requesting Entity: Civil Aviation Authority of the Philippines (CAAP)
Issues Concern: Clause 20.3 of Instructions to Bidders (ITB) of the Philippine Bidding Documents (PBDs) for Goods
Whether a Motion for Reconsideration should be granted in favor of a bidder who was disqualified due to non-compliance with the requirements on sealing and marking of bid envelopes, specifically, the act of the authorized signatory of printing the company name on each envelope instead of actually signing in behalf of the company.
The BAC has the sole authority to resolve motions for reconsideration pursuant to Section 12(g) of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184. As such, the GPPB and the GPPB-TSO do not have the authority to decide for and on its behalf.
It is apparent in Clause 20.3 that the act of signing has to be made personally by a natural person as it has particularly required the bidder, or an authorized representative if the bidder is a juridical entity, to affix his or her signature on the folders. Thus, printing the company name on each envelope instead of actually signing it will not constitute compliance with this mandatory requirement under Clause 20.3.