2004-11-11

NPM 145-2004

Requesting Entity: JPL Construction

Issues Concern: Request for Clarification on Government’s Policy on Transparency in Public Bidding

 

Details

Whether or not JPL Construction is entitled to a copy of the detailed evaluation and comparison of bids as requested.

Hence, a copy of the detailed evaluation and comparison of bids, if any, cannot be demanded by a bidder as a matter of right. The Abstract of Bids and the minutes or proceedings of the bidding, inasmuch as they are required to be subscribed in by the bidders, are contemplated by the rules to be publicly available. Incidentally, there is no similar sanction or prescription by law or the rules in the case of detailed evaluation and comparison of bids.

The supposed right to be furnished of a copy of the detailed evaluation and comparison of bids is without basis in the statutes. Neither R.A. 9184 nor its Implementing Rules and Regulations Part A (IRR-A) provides the basis for the supposed right of bidders to be furnished with a copy of the detailed evaluation and comparison of bids. On the contrary, Section 32.5 of IRR-A sufficiently addresses the transparency requirement of the process insofar as the bid evaluation stage of the bidding is concerned.