NPM No. 005-2016
Requesting Entity: Department of Environment and Natural Resources (DENR) - Environmental Management Bureau (EMB)
Issues Concern: Incomplete Omnibus Sworn Statement
Whether it is proper for the EMB Bids and Awards Committee (BAC) to accept the bidder's proposal notwithstanding the latter's failure to provide Item No. 9 of the Omnibus Sworn Statement as it was not stated in EMB's bidding documents.
Instruction to Bidders (ITB) Clause 12.1(b)(iii) requires that the first envelope shall contain, among others, a sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed in Section VIII. (Bidding Forms) of the Philippine Bidding Documents. x x x. And under ITB Clause 19.2, Forms mentioned in ITB Clause 19.1 must be completed without any alterations to their format, and no substitute Form shall be accepted.
[F]ailure of the bidder to comply with the prescribed Omnibus Sworn Statement is a cause for the bidder's disqualification, unless the mistake was committed due to the procuring entity's failure to provide the correct and updated form of the Omnibus Sworn Statement in its bidding documents.