Requesting Entity: National Tobacco Administration (NTA)
Issues Concern: Grounds for Disqualification
Whether the allegations of poor performance and existing accountabilities for past projects with another government agency raised against a qualified bidder may be used by the Procuring Entity (PE) as grounds for disqualification based on Republic Act (RA) 9184 and its Implementing Rules and Regulations (IRR).
[T]he NTA BAC cannot disqualify or prevent a bidder from participating in any procurement activity on the basis of unfounded allegations made by another bidder. Nonetheless, prudence dictates that the NTA BAC should check the veracity of the claims made against a bidder, and verify, validate, and ascertain if the bidder satisfies all the legal, technical, and financial requirements prior to making an award, in order to protect the NTA's interest and avoid any delay in the implementation of its contract.