2016-12-06

NPM No. 107-2016

Requesting Entity: All Transport Network International Freight Forwarder

Issues Concern: Submission of Copies of Eligibility Requirements during the Bid Opening

 

Details

Legal opinion on the decision of the Philippine Postal Corporation (PPC) to disqualify All Transport Network Inc. (ATN) for its failure to present the original eligibility documents during the bid opening for the procurement of service for carriage of mail.

 

[T]he Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) has no jurisdiction to rule over actual controversies with regard to the conduct of bidding of procuring entities since it has no quasi-judicial function under the law. Hence, this office has consistently refrained from passing upon decisions of the BAC or the procuring entities relative to its procurement activities.

 

As regards your query, x x x Procuring Entities (PEs) cannot require the submission of originals as the rules allow the submission of copies to be sufficient. This is clear under Section 25.1 of the 2016 Revised Implementing Rules and Regulations (IRR) where the prospective bidder or its duly authorized representative must submit a Sworn Statement that each of the documents submitted is an authentic copy of the original in satisfaction of the bidding requirements. Thus, PEs cannot impose upon the bidder the additional requirement of having to present the original copies of the eligibility documents for comparison, as it can verify, validate, and ascertain the authenticity of the submitted copies through other means during post-qualification.