Requesting Entity: Bessang Pass Security Agency, Inc
Issues Concern: No Contact Rule
Whether sending a communication or letter to the Bids and Awards Committee (BAC) after opening of bids constitutes a violation of the "no contact rule" under Section 32.1 of the Implementing Rules and Regulations (IRR) or Republic Act (RA) 9184.
Settled is the rule that members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award. In line with this, we wish to reiterate our discussion in Non-Policy Opinion No. 20-2006 that the prohibition under Section 32.1 of the IRR of RA 9184 is absolute and covers all kinds of information relating to the evaluation of bids. The rationale for this rule is to avoid any opportunity for qualified bidders to influence or collude with employees or officials of the procuring entity into skewing the award of contract in their favor.
It is our considered view that other than for purposes of inquiring on the status of the proceeding, bidders whose bids are being evaluated by the BAC are prohibited to make any communication with the BAC pertaining to the evaluation of bids from the time bids are opened until a Notice of Award is issued. On the other hand, a disqualified bidder may provide valid, reasonable and lawful information on matters pertaining to the bids being evaluated, provided that such bidder has no pending request for reconsideration or protest relative to his/her disqualification.