2006-11-09

NPM 020-2006

Requesting Entity: Bessang Pass Security Agency, Inc.

Issues Concern: No Contact Rule

 

Details

Whether the communication of relevant information to the Bids and Awards Committee (BAC) after bid opening violates Section 32.3 of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act (R.A.) No. 9184.

It is our opinion that this prohibition (Section 32.3 of the IRR-A of R.A. 9184 or the "no contact rule") is absolute and covers all kinds of information. The rationale of the "no contact rule" is to erase any opportunity for bidders to influence or collude with employees or officials of the procuring entity. Hence, it does not distinguish between the types of information received.