NPM No. 117-2015
Requesting Entity: Omniprime Marketing, Inc.
Issues Concern: Joint Venture Participation; Written Queries
Whether Joint Ventures may be prohibited by the Procuring Entity (PE) to participate in a bidding process.
Joint Ventures are expressly allowed to participate in bidding activities. It promotes competition as it provides a recourse for bidders who would otherwise fail to possess the minimum requirements. Hence, prohibiting Joint Ventures to participate is contrary to the provisions and spirit of the law.
Whether only the queries sent by prospective bidders who have purchased the bidding documents may be entertained by the PE.
The PE has the option to limit the opportunity to participate and submit written queries or clarifications during the pre-bid conference to prospective bidders who purchased the Biding Documents provided that it is clearly stated in the IB.