NPM No. 159-2015
Requesting Entity: BM Marketing
Issues Concern: Refusal to Sell Bidding Documents
Whether the Bids and Awards Committee (BAC) may validly refuse to sell the Bidding Documents on the ground of non-attendance of the prospective bidder in the pre-bid conference as stated in the Invitation to Bid.
Section 17.3(a) of the IRR of RA 9184 clearly mandates the BAC to make available the bidding documents from the time the Invitation to Bid (IB) is first advertised or posted until the deadline for submission and receipt of bids. xxx [T]he BAC cannot limit the availability of the bid documents at a date earlier than that mandated by Section 17.3 of the IRR, to do otherwise would be to violate a mandatory provision of the rules.
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[P]rospective bidders may purchase or secure a copy of the bidding documents even after the conduct of the pre-bid conference, until the deadline for the submission and receipt of bids in view of Section 17.3 of the IRR of RA 9184. The non-attendance of the prospective bidder during the pre-bid conference should not in any way hinder her/him from purchasing or securing the bidding documents.