2013-06-26

NPM 049-2013

Requesting Entity: Den-Tronix International Trading

Issues Concern: Protest Mechanism

 

Details

Whether the participating bidders are allowed to raise written or verbal questions as part of the bidding process.

Under Section 55 of Republic Act No. (RA) 9184 and its revised Implementing Rules and Regulations (IRR), prospective bidders are allowed to question decisions of the Bids and Awards Committee (BAC) at any stage of the procurement process by filing a request for reconsideration within three (3) calendar days from receipt of written notice or upon verbal notification of such decision.

Section 22 of the IRR of RA 9184 also affords bidders the opportunity to raise concerns or clarifications on the requirements, terms, conditions, and specifications stipulated in the bidding documents for the contract to be bid. Questions or clarifications x x x must be raised at least ten (10) calendar days before the deadline set for the submission and receipt of bids.

These provisions in RA 9184 and its IRR clearly grant bidders the opportunity to raise questions as part of the regular bidding process.

Whether failure to submit a sample indicating the brand name and model can be a ground for disqualification.

[T]he parameters under which product samples are to be evaluated for compliance are determined based on the requirements in the bidding documents for the contract to be bid. Accordingly, x x x failure to indicate the brand name and model in the product sample may be a ground for disqualification if the bidding documents clearly and specifically mandate that the product sample should bear the brand name and model.