NPM 028-2011

Requesting Entity: Philippine Medical Systems, Inc.

Issues Concern: Modification of Bidding Documents and Submission of Photocopy of Documentary Requirements



1.Whether the procuring entity is allowed to modify the terms of the bidding documents by adding minimum technical specifications to the project even though the same were not discussed during the pre-bid conference.

[S]ection 22.4 of the IRR of RA 9184 provides that any statement made at the pre-bid conference shall not modify the terms of the bidding documents, unless such statement is specifically identified in writing as an amendment thereto and issued as a supplemental/bid bulletin. Accordingly, the changes or modifications to the bidding documents, specifically, the technical specifications, discussed during the pre-bid conference must be issued through a supplemental/bid bulletin in order for it to take effect.

Moreover, in instances where the procuring entity sees the need to introduce any modifications or amendments to the bidding documents, it may do so motu proprio through the issuance of a supplemental/bid bulletin pursuant to Section 22.5.2 of the same IRR.

In this regard, it is our considered view that although the technical specifications in the form of Osteo CT and CT Lung Perfusion for CT Scan capabilities were not discussed during the pre-bid conference, the procuring entity concerned is not precluded from requiring the same, provided the appropriate supplemental/bid bulletin is issued within the prescribed time frame.

2.Whether the submission of a photocopy of the certification of manufacturer guaranteeing the availability of all spare parts for the next ten (10) years constitutes compliance with the requirement under Section 25.2 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.

The IRR allows the submission of a copy of the original documents required, provided that the bidder certifies through the Omnibus Sworn Statement that the document submitted is an authentic copy of the original, it is complete, and the information and statements therein are true and correct. It must be stressed, however, that the authenticity of the submitted copy must be verified, validated, and ascertained by the procuring entity during the post-qualification as prescribed in Section 34 of the IRR of RA 9184.