When CWC’s Bids and Awards Committee (“BAC”) published the above-captioned procurement, only (1) bid was submitted from the bidder PLDT.
PLDT as a lone bidder was rated “passed” during the preliminary examination of the bid. However, during the post-qualification, it was disqualified by the BAC as it was not in compliance with the technical requirement of declaring all on-going private contracts as they were bound by Non-Disclosure Agreements (“NDA”).
In response to the said Notice of Disqualification, PLDT sent its Motion for Reconsideration dated 8 May 2024 elucidating that its private contracts are covered by NDAs and therefore, they are legally bound not to disclose. Further, PLDT went on to discuss that considering the size of its business, it has literally thousands, if not millions, of on-going government and private contracts and thus, BAC should retract its disqualification as they are eligible and qualified to participate in competitive bidding.
We have yet to find a resolution issued by your office covering the same set of facts although we understand that the applicability of Sec. 23.1 of the Revised IRR of R.A. 9184 is without qualifications. Thus, the bidder should have declared all its ongoing public and private contracts.
However, given the presence of NDAs which bound the bidder legally with all its engagements, may we please request your expert opinion on this matter. Further, since the subject procurement may be considered as an ISP, may the HoPE renew the contract automatically with the presence of the report of sufficient service.