NPM No. 136-2015
Requesting Entity: National Manufacturing & Industrial Production Corporation
Issues Concern: ISO 9001:2008 and 14001:2004 Compliance
1. Whether a procuring entity is proscribed from requiring additional eligibility requirements such as the ISO certification
Procuring entities are proscribed from requiring additional eligibility requirements. x x x [U]nder the revised IRR of RA 9184, the list of minimum eligibility requirements has been streamlined/simplified, such that only those requirements enumerated in Sections 23.1, 24.1, and 25.1 of the IRR are necessary for purposes of determining the bidders' eligibility.
2. Whether the foregoing prescription may be overruled by good faith in compliance with the mandates of EO 301, S. 2004
Good faith compliance with Executive Order No. 301, S. 2004 is presumed. However, the claim of good faith in the execution of an act is a matter of presumptive evidence, which may be rebutted when contrary evidence is adduced, as when specific requirements are clearly specified under existing rules and regulations.
3. Other than the Protest Mechanism under Section 55 of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR), what other reliefs are available to bidders in case the procuring entity would insist on the imposition of additional eligibility requirements
The Protest Mechanism under Section 55 of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR) is the only administrative remedy available to bidders in order for them to question Bids and Awards Committee and Head of the Procuring Entity decisions.
4. Which judicial or quasi-judicial body has jurisdiction to rule on the judiciousness of imposing additional eligibility requirements
The protest mechanism established in the procurement law and its associated rules, provides that decisions of the BAC may be questioned by filing a request for reconsideration; if the BAC denies such request, the decision may be subsequently protested by filing a verified position paper to the HOPE. If the HOPE denies the Protest, then the bidder has the right to file a Petition for Certiorari before the Regional Trial Court having jurisdiction over the case.
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Only upon exhaustion of all available administrative remedies under RA 9184 and its IRR, and proper motion by the bidder, may courts acquire jurisdiction over the judiciousness of the acts of procuring entities.