2012-10-19

NPM 131-2012

Requesting Entity: House of Representatives

Issues Concern: Single Largest Completed Contract (SLCC) requirement; Joint Venture (JV) Agreements; and Participation of a GPPB representative in the bidding process

 

Details

Whether a contract may be awarded to a bidder who has passed product testing, but has not complied with the SLCC requirement.

The SLCC is an eligibility requirement which cannot be dispensed with.

A bidder who fails to submit any or all of the required eligibility requirements under the rules will be automatically declared ineligible and shall no longer be considered in the bid evaluation stage of bid evaluation. Thus, it is incumbent upon the BAC to first determine the eligibility of a bidder before proceeding with product testing, as this latter activity presupposes that the bidder has already been declared eligible.

Whether the SLCC submission of a third party supplier may be credited in favor of JV partners.

Section 23.1(b) of the IRR of RA 9184 provides that each partner of the JV shall submit the legal eligibility documents but submission of technical and financial eligibility documents by any of the JV partners constitutes compliance. x x x Since the SLCC is a technical eligibility requirement under the IRR of RA 9184, any one of the JV partners may submit the same as part of the bidding documents.

The submission by one of the partners may be credited in favor of a JV and constitutes compliance with the SLCC requirement under Section 23.5.1.3 of the IRR of RA 9184. However, since a third party supplier is not a JV partner, its SLCC track record could not be credited in favor of the JV.