2007-08-14

NPM 050-2007

Requesting Entity: Corazon Locsin Montelibano Memorial Regional Hospital

Issues Concern: Notice of Post-Disqualification

 

Details

1. Whether the failure of the BAC to send a written notice of post-disqualification to a supplier who was present during the post-qualification constitutes a violation of R.A. 9184? If it is, what is the penalty for said violation?

Section 34.4 of the IRR-A of R. A. 9184 provides that if the BAC determines that the bidder with the Lowest Calculated Bid/Highest Rated Bid fails the criteria for post-qualification, it should immediately notify the said bidder in writing of its post-disqualification and the grounds for it.

The clear language of the afore-mentioned provision mandates that notification of post-disqualification should be made in writing. Thus, verbal notification of a bidder's post-disqualification does not sufficiently comply with the requirement of the law.

A public officer may be held administratively liable for failure to comply with the provisions of R.A. 9184 and its IRR-A. In addition, considering that such failure to notify in writing impedes the BAC from post-qualifying the bidder with the second Lowest Calculated Bid/Highest Rated Bid and from consequently awarding the contract to the post-qualified bidder (Section 34.4, IRR-A), a public officer may also be held liable for delaying the post evaluation of bids and the awarding of contracts beyond the prescribed periods of action provided in the IRR-A, if without justifiable cause (Section 65.1.2, IRR-A).

What is the difference between a verbal and written notification in relation to Section 34.4 of the IRR-A of R.A. 9184?

[T]he difference between a verbal and written notification in relation to Section 34.4 of the IRR-A of R.A. 9184 is that, as opposed to the latter, the former does not discharge the BAC of its duty to notify in writing the post-disqualified bidder and thereafter proceed with the post-qualification of the next bidder with the Lowest Calculated Bid/Highest Rated Bid.