NPM No. 092-2016
Requesting Entity: Securities and Exchange Commission (SEC)
Issues Concern: Negotiated Procurement - Two Failed Biddings Modality
Whether it is possible to request a bidder to conduct a system demonstration that is not part of the Terms of Reference or Bidding Documents, and failure to comply with the requirement can be used as a ground to disqualify the bidder
[A] procuring entity cannot request a bidder to conduct a system demonstration if it is not required or allowed in the Terms of Reference or Bidding Documents. Imposing additional requirement that is not posted or communicated through the Bidding Documents and disqualifying a bidder for non-compliance therewith are both inconsistent with the principles of competition and transparency being espoused by Republic Act No. 9184 and its Implementing Rules and Regulations. Thus, for Two Failed Biddings modality of Negotiated Procurement, the contract may be awarded to the lowest or single bidder provided that its offer meets the minimum technical requirements and does not exceed the Approved Budget for the Contract.