2008-10-06

NPM 036-2008

Requesting Entity: Department of Agriculture - Regional Field Unit No. 2

Issues Concern: Single Calculated and Responsive Bid

 

Details

Whether or not a single rated and responsive bid for consulting services should be considered for award.

Section 36 of R.A. 9184, as iterated under the same section of the IRR-A, provides [that a single calculated and responsive bid shall be considered for award under the circumstances enumerated thereunder].

Clearly, the intention of the legislature is to mandate the procuring entities to consider a single calculated and responsive bid for award of procurement contracts, subject only to the foregoing limitations.

x x x

Following the rule in statutory construction that when the law speaks in clear and categorical language, there is no room for interpretation or construction, but only application, then it is undeniable that the provision of Section 36 of IRR-A allowing for a possible award of contract to a single calculated/rated and responsive bid applies to ally types of procurement undertaking, whether it be of goods, infrastructure projects, or consulting services.