NPM No. 016-2017
Requesting Entity: Partido State University (PSU)
Issues Concern: Multiple Awards to the Same Contractor
Whether the award of all five (5) projects to the same bidder would be improper even if the rules have been diligently and meticulously adhered to and even if that same bidder, after passing the eligibility screening offered the lowest financial bid in all five (5) projects and passed the post qualification process.
[I]t is our considered opinion that a bidder may be awarded several contracts for multiple projects provided that it has been determined to have submitted the Lowest Calculated Responsive Bid in all projects such that it has the legal, technical and financial capability to undertake such multiple projects. In case of approval of such recommendation, the periods prescribed by RA 9184 shall be observed. On the other hand, the recommendation for award of contract may only be disapproved based on valid, reasonable and justifiable grounds provided in Section 41 of RA 9184 and its 2016 IRR.