NPM No. 071-2016
Requesting Entity: National Nutrition Council (NNC)
Issues Concern: Single Bidder in the Procurement of Consulting Services
Requirement for LOI, Not Necessary
In our previous Non-Policy Matter (NPM) Opinion, we clarified that in line with simplifying the process and preventing collusion, the submission of LOI is no longer required for procurement activities, the Invitation to Bid or Request for Expression of Interest for which were advertised or posted after 10 September 2013, the effectivity date of the Government Procurement Policy Board (GPPB) Resolution No. 27-2012. Said Resolution repealed Sections 23.4.3 and 18.104.22.168 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
Single Rated Responsive Bid
Section 36 of RA 9184 and its associated IRR allows the award of contract to a single calculated/rated responsive bid if it falls under the circumstances enumerated therein.
x x x
The intent of the legislature is to mandate the procuring entities to consider a single rated and responsive bid (or single calculated and responsive bid for goods and civil works procurement) for award of procurement contracts, and ensure that the ABC reflects the most advantageous prevailing price for the Government. Accordingly, upon compliance with the entire requirement of the procurement law and its associated rules, award of contract can be made to the bidder with the Single Rate and Responsive Bid.