2012-06-20

NPM 075-2012

Requesting Entity: Poblador Bautista & Reyes

Issues Concern: Eligibility to Bid of a Foreign Bidder based on Reciprocity

 

Details

Requesting confirmation that GlaxoSmithKline (GSK) Philippines, Inc., a domestic corporation with ninety nine percent (99%) British equity, may be declared eligible to participate in the competitive bidding activities for the supply of goods to the Philippine Government, including the Department of Health (DOH) or its attached agencies, pursuant to Section 23.5.1.2 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.

[O]ne of the powers granted to the Bids and Awards Committee (BAC) under Section 12 of RA 9184 and its IRR is to determine the eligibility of prospective bidders. Accordingly, the GPPB cannot dictate upon, or interfere with the functions of the BAC since these solely fall within their authority as sanctioned by law for as long as the BAC observes its concomitant responsibility to perform such functions with judiciousness, adhering to the principles of transparency, accountability, equity, efficiency, and economy in the procurement process that it carries out for the procuring entity.

Based on the foregoing, the determination of compliance with the requirements is an authority that properly belongs to the procuring entity. The GPPB is not in a position to confirm that GSK is eligible to participate in the competitive bidding activities for the supply of goods to the Philippine Government, including the DOH or its attached agencies, since the validation of said certification aptly falls within the authority of DOH.