NPM No. 129-2016
Requesting Entity: Metropolitan Cebu Water District (MCWD)
Issues Concern: Additional Eligibility Documents
Whether requiring additional eligibility documents from the prospective bidders, such as a Certificate of No Slippage issued by the Project Management Office (PMO) of the procuring entity (PE), is allowed under Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR), or whether it can be required during the post-qualification evaluation or before contract award from the bidder having the Lowest Calculated Bid (LCB) or Lowest Calculated and Responsive Bid (LCRB).
[P]rocuring entities are prohibited from requiring additional eligibility requirements other than those mentioned in Section 23.1 for the procurement of Goods and Infrastructure projects and Section 24.1 for the procurement of Consulting Services of the 2016 IRR of RA 9184. Thus, the Certificate of No Slippage cannot be required by the procuring entity as part of the eligibility documents.
In addition, Section 34.3(b)(ii)(a) of the 2016 IRR of RA 9184 already provides for safeguards where the procuring entity may check the performance of the bidder in its ongoing government and private contracts, if any of these ongoing contracts shows a negative slippage of at least fifteen percent (15%) in any one project or a negative slippage of at least ten percent (10%) in each of two (2) or more contracts, which could disqualify the bidder during the post-qualification stage.