2009-08-18

NPM 044-2009

Requesting Entity: PHILCARE Manpower Services, Inc.

Issues Concern: Determination of Eligibility

 

Details

Clarification on compliance with the required experience.

GPPB and its TSO only renders policy and non-policy opinions respectively, on issues purely relating to the interpretation and application of our procurement laws, rules and regulations.

It has no jurisdiction to rule over actual controversies with regard to the conduct of the bidding since it has no quasi-judicial functions under the law. Thus, it cannot dictate to the BAC which bidders should be declared as eligible, which bid should be accepted as the lowest calculated responsive bid, and to whom should the contract be awarded. We adhere to the view that the functions of the BAC cannot be interfered with by any government agency since these solely fall within their authority as sanctioned by the law, but with the concomitant responsibility that they perform such functions with judiciousness, adhering to the principles of transparency, accountability, competition, equity, efficiency, and economy in the procurement process that it carries out for the procuring entity.

[T]he determination of a bidder's qualification, eligibility and compliance with the requirements for a procurement opportunity lies within the responsibility and discretion of the BAC of the procuring entity concerned. This is expressly stated under Sections 12.1, 23, 30 and 34 of the IRR-A of R.A. 9184.