2012-09-05

NPM 113-2012

Requesting Entity: MASADA Security Agency, Inc. (MSAI)

Issues Concern: Correction of Bids by the Procuring Entity

 

Details

Whether "correction" of bid during post-qualification at the instance of the procuring entity is allowed under Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR); and if so, whether this is different from modification of bids under Section 26 of RA 9184 and its IRR.

Section 26 of the Revised IRR confers to the bidder the right to modify bids prior to the deadline for submission and receipt of bids. x x x the right to modify the bid belongs to the bidder, and no such right is conferred upon the Procuring Entity. Clearly, this process is entirely different from the correction of bids done by the BAC during bid evaluation.

Correction of bids done by the BAC is pursuant to and in accordance with the rules provided in Section 32.2 of the revised IRR, and is thus limited to arithmetical corrections. These corrections are done only for purposes of bid evaluation to determine the lowest calculated bid by considering minor arithmetical corrections of computational errors to enable proper comparison of all eligible bids.

[T]he correction of bids by the procuring entity does not extend to correction of errors committed by bidders in complying with the itemized components and documentary requirements in the bidding documents.