Requesting Entity: Development Academy of the Philippines (DAP)
Issues Concern: Supporting Documents after Notice of Award (NOA)
Whether the submission of Certificate of Philippine Government Electronic Procurement System (PhilGEPS) Registration is sufficient compliance with the requirement under Section 8.5.2 of the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184?
[W]hile the PhilGEPS Certificate of Platinum Membership is sufficient for purposes of eligibility under Section 23.1 of the 2016 IRR of RA No. 9184, the same must still be verified, validated and ascertained by the Bids and Awards Committee (BAC) as correct and compliant with the rules during the post-qualification proceedings as provided under Section 34.3 of the 2016 IRR.
Whether the submitted mayor`s permit after the NOA is included as an additional documentary requirement in the Bidding Documents pursuant to Clause 31.4 of the Bid Data Sheet (BDS) of the Philippine Bidding Documents (PBDs) for Infrastructure Projects or only for the purpose of updating the earlier validated submission?
Compliance by the bidder with respect to the submitted mayor’s permit after the NOA is dependent on whether the same is included as an additional documentary requirement in the Bidding Documents pursuant to Clause 31.4 of the BDS of the PBDs for Infrastructure Projects or only for the purpose of updating the earlier validated submission. The Procuring Entity (PE) shall evaluate the submission of the bidder if the same is compliant with the purpose for which it was required. The decision to recommend and eventually award the contract is within the exclusive jurisdiction of the BAC and Head of the Procuring Entity (HoPE), respectively.
Grounds for non-Award of Contract or Cancellation of NOA
a.) The HoPE may invoke his or her right to reject any and all bids, declare a failure of bidding, or not award the contract, under the Reservation Clause; b.) Notwithstanding the eligibility of a bidder, the PE reserves the right to review the qualifications of the bidder at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the bidder’s capability to undertake the project from the time it submitted its eligibility requirements; c.) Despite the issuance of a NOA, failure of the bidder with the LCRB to satisfy the conditions set forth in Section 37.1.4 of the 2016 revised IRR of RA No. 9184 shall also be a ground for non-award of the contract.