Non-Policy Opinions

2007-08-14
NPM 050-2007
Requesting Entity: Corazon Locsin Montelibano Memorial Regional Hospital
Issues Concern: Notice of Post-Disqualification

Details
1. Whether the failure of the BAC to send a written notice of post-disqualification to a supplier who was
present during the post-qualification constitutes a violation of R.A. 9184? If it is, what is the penalty for
said violation?

Section 34.4 of the IRR-A of R. A. 9184 provides that if the BAC determines that the bidder with the Lowest
Calculated Bid/Highest Rated Bid fails the criteria for post-qualification, it should immediately notify the said
bidder in writing of its post-disqualification and the grounds for it.

The clear language of the afore-mentioned provision mandates that notification of post-disqualification should be
made in writing. Thus, verbal notification of a bidder's post-disqualification does not sufficiently comply with the
requirement of the law.

A public officer may be held administratively liable for failure to comply with the provisions of R.A. 9184 and its
IRR-A. In addition, considering that such failure to notify in writing impedes the BAC from post-qualifying the
bidder with the second Lowest Calculated Bid/Highest Rated Bid and from consequently awarding the contract to
the post-qualified bidder (Section 34.4, IRR-A), a public officer may also be held liable for delaying the post
evaluation of bids and the awarding of contracts beyond the prescribed periods of action provided in the IRR-A, if
without justifiable cause (Section 65.1.2, IRR-A).

What is the difference between a verbal and written notification in relation to Section 34.4 of the IRR-A of
R.A. 9184?

[T]he difference between a verbal and written notification in relation to Section 34.4 of the IRR-A of R.A. 9184 is
that, as opposed to the latter, the former does not discharge the BAC of its duty to notify in writing the post-
disqualified bidder and thereafter proceed with the post-qualification of the next bidder with the Lowest Calculated
Bid/Highest Rated Bid.
 Non-Policy Opinions
2012-05-25
NPM 064-2012
Requesting Entity: Office of Project Development Services (OPDS) - Department of Interior and Local
Government
Issues Concern: Validity of the grounds for post-disqualification

Details
Whether the Bids and Awards Committees (BAC) decision on disqualifying Promatechis on the ground
that during post-qualification the equipment to be procured was not available for inspection, is valid.

[T]he Government Procurement Policy Board (GPPB) has no jurisdiction to rule over actual controversies relative
to the conduct of the bidding process, considering that it has no quasi-judicial functions under Republic Act (RA)
No. 9184. The determination of the legality and/or validity of the actions and decisions of the BAC including
contracts emanating therefrom is not within the express mandate of the GPPB.

x x x the objective of post-qualification under Section 34 of RA 9184 is to determine whether the bidder complies
with and is responsive to all the legal, technical and financial requirements and conditions specified in the bidding
documents. During post qualification, the procuring entity verifies, validates and ascertains all statements made
and the documents submitted by the bidder with the Lowest Calculated Bid (LCB) or highest rated bid using non-
discretionary pass/fail criteria as stated in the bidding documents.

These criteria shall consider the legal, technical and financial requirements, such as, but not limited to, the
bidders stated competence and experience, the availability and commitment, and/or inspection and testing of
the equipment units to be owned or leased by the bidder x x x. Hence, the verification entailed under the
post-qualification stage is not limited to the examination of documents submitted by the bidder, but includes
inspection of the subject equipment vis--vis the technical specifications specified in the bidding documents.

[T]he act of the procuring entity in verifying, validating, and ascertaining the conformity of the goods/equipment to
be delivered with the technical specifications is in accordance with the verification of technical requirements
mandated under the rules for post-qualification. If, on the scheduled date of inspection, the bidder fails to present
the subject equipment for examination or evaluation without justifiable cause, the BAC has the prerogative to
declare the bidder post-disqualified for failure to comply with the requirements.