2009-09-14

NPM 049-2009

Requesting Entity: City of Bayawan, Negros Oriental

Issues Concern: Partial Bids

 

Details

1. Whether or not it is proper for the Bids and Awards Committee (BAC) to accept Partial Bids.

It is clear from Section 32.4.1 of the IRR of R.A. 9184 that a procuring entity's decision to allow partial bids must be specifically contained in the Instructions to Bidders (ITB), and not merely reflected in a bid form without any reference whatsoever to the ITB. In the absence thereof, such partial bids must be declared non-responsive and thus, automatically disqualified.

2. Whether or not it is proper for the Bids and Awards Committee (BAC) to require the bidders to compute their Bid Security on the total Approved Budget for the Contract (ABC) even if they would submit only partial bids.

[S]hould partial bids be allowed, then ABC per line item as well as the total ABC should be indicated in the Invitation to Apply for Eligibility and to Bid. Consequently, the bidders should be made to compute their bid security on the basis of the total ABC of the bids they are offering. Otherwise this could unconscionably disproportionate to, or, even higher than the total ABC of its bid.