NPM No. 135-2017
Requesting Entity: ADVANCE SOLUTIONS, INC.
Issues Concern: Additional Requirement in the Technical Specifications
Whether certification that the bidder has no pending case may be required in the Technical Specifications.
The General Procurement Manual defined “technical specifications” as the physical description of the goods or services, as well as the Procuring Entity`s requirements in terms of the functional, performance, environmental interface and design standard requirements to be met by the goods to be manufactured or supplied, or the services to be rendered. The technical specifications must include the testing parameters for goods, when such testing is required in the contract.
In determining the technical specifications of the goods or services it will procure, the PMO or end-user unit must consider the needs of the procuring entity; the objectives of the project; and the entire procurement at hand, and identify the standards that should be met by the goods or services in terms of function, performance, environmental interface and/or design. Hence, depending on the need of the procuring entity, it may require standards that must be met to conform to the need of the procuring entity.
In view of the foregoing, a certificate that the bidder has no pending case is not considered as a physical description of the goods or services nor can it be considered as a requirement in terms of functional, performance environmental interface or design requirement to be met by the goods to be manufactured or supplied, or the services to be rendered. Hence, it may not be required to form part of the Technical Specifications.