2004-07-08

NPM 095-2004

Requesting Entity: Bacolod City Water District

Issues Concern: Requirement for an Authority of the Signatory

 

Details

Whether or not the requirement for the submission of an “Authority of the Signatory” under Section 25.3(A)(2) of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act 9184 (R.A. 9184) applies even to all types of bidders.

As can be gleaned from the above-quoted provision (Section 25.3(A), IRR-A, R.A. 9184), the information on the “authority of the signatory” is among the minimum requirements of the IRR-A which necessitates mandatory compliance. In this regard, such requirement cannot be dispensed with by any procuring entity, more so by any bidder, notwithstanding any claim with regard to its inappropriateness. A document containing information on the “authority of the signatory” to the bid of a particular bidder is required in order to confirm the personality and authority of the person submitting the bid for a company or for himself. It is not for a bidder to question the logic of such requirement and refuse to comply therewith in the event he deems it inappropriate in his case.

In the case of a sole proprietorship where the general manager or the sole proprietor himself submits the bid for the company, an affidavit stating that the fact of his representation in the company, and that he possesses the authority to represent and bind the same may be considered sufficient compliance to the subject requirement. On the other hand, if a person other than the general manager or sole proprietor submits a bid for or represents the company, a Special Power of Attorney delegating such authority to the person is sufficient. Failure to submit a document to this effect will merit a rating of “failed” for the subject requirement, and disqualifies the bidder.