Preparation of Terms/Conditions in the Technical Specifications
by Rene Babera -
Number of replies: 1
Our company is drafting the terms/conditions in the Technical Specifications for Security Services across three sites: Bataan, Batangas, and various provinces (Three lots).
One of the proposed terms/conditions outlined is that each bidder can only submit a bid for one (1) site or installation and must not have an existing security service contract with the company or be affiliated with a current contractor of the company.
In the second version, it is proposed that a bidder can be awarded only one service contract with the company. For instance, if a bidder secures the contract for Bataan, it will not be eligible for contracts for other sites, even if it is the lowest calculated responsive bid for those other sites
Our questions:
Can the procuring entity restrict bidders to bidding on only one site and require that bidders do not have an existing security service contract with the company or are affiliated with a current contractor of the company?
Additionally, can the procuring entity award the contract for only one site, even if the bidder is the lowest calculated responsive bid for other site/s?
Thank you.
In reply to Rene Babera
Re: Preparation of Terms/Conditions in the Technical Specifications
by Jessie Salvador -
Short answer - NO.
As long as the bidder passses the eligibility and qualification requirements set by the rules, they cannot be deprived fair opportunity to be awarded a contract.
The proposed requirement/condition you mentioned is against the principle of competitiveness.