NPM No. 128-2016
Requesting Entity: City Government of Baguio
Issues Concern: Post-Qualification Documents; Period for the Conduct of Competitive Bidding
1. Whether or not the requirement for the submission of additional documents during post-qualification is proper
[T]he City Government of Baguio may require the submission of documentary requirements as stated in the Bidding Documents provided that the same are licenses or permits which are required under the law. Thus, if part of the post-qualification requirements of the City Government of Baguio includes the submission of clearances, permits or certifications issued by the different agencies of the government, the same should be appropriate licenses and permits required under the law and not merely to aid the Procuring Entity (PE) or the Bids and Awards Committee in verifying the eligibility of the bidder.
We note that the additional documents being prescribed are those that would ensure compliance with labor laws and social legislations. In this regard, we refer you, for proper guidance, to Government Procurement Policy Board (GPPB) Circular No. 01-2008, dated 7 March 2008, clarifying the rules regarding the adoption of additional eligibility and technical documents to ensure compliance with labor laws and other social legislation.
2. Whether or not the PE can proceed with the procurement beyond the three (3) month period
[S]hould the PE decide to extend the periods on procurement, it must show and provide compelling, sufficient, valid, reasonable, and justifiable cause for such extension. Such valid justification, however, will only free officials from penal sanction or liability, but not from applicable administrative and civil sanctions or liabilities under existing laws, rules and regulations.