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Determination Whether An Act May Be Considered Habitual Withdrawal

1. For a withdrawal to be considered habitual under Section 26.2 of the IRR of RA 9184, a bidder must submit a bid and then retract it, doing so three times within a year. Simply purchasing bidding documents but not submitting a bid or letter of non-participation does not count as a withdrawal. Submitting a letter of non-participation also does not count as a withdrawal. Submitting a bid higher than the ABC is not considered a withdrawal as the bidder participated in the bidding process. 2. The Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors and Consultants under the IRR remains applicable for suspending or blacklisting erring suppliers

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39 views

Determination Whether An Act May Be Considered Habitual Withdrawal

1. For a withdrawal to be considered habitual under Section 26.2 of the IRR of RA 9184, a bidder must submit a bid and then retract it, doing so three times within a year. Simply purchasing bidding documents but not submitting a bid or letter of non-participation does not count as a withdrawal. Submitting a letter of non-participation also does not count as a withdrawal. Submitting a bid higher than the ABC is not considered a withdrawal as the bidder participated in the bidding process. 2. The Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors and Consultants under the IRR remains applicable for suspending or blacklisting erring suppliers

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johan_mico
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Non-Policy Opinions

2011-03-07
NPM 006-2011
Requesting Entity: Social Security System
Issues Concern: Habitual Withdrawal of Bids

Details

1. Determination whether an act may be considered habitual withdrawal.


Section 26.2 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184
provides that bidders may withdraw their bids prior to the deadline for the receipt of bids by
submitting a letter expressing their intention to no longer participate in the bidding. From this,
we can infer that the act of withdrawal consists of the acts of submitting a bid and retracting the
same. As provided in Section 69.2 of the same IRR, withdrawal becomes habitual when
repeatedly done three times within a year.
In this regard, a bidder who purchases bidding documents, but does not submit a bid or a letter of
non-participation, cannot be considered to have withdrawn inasmuch as it has not submitted a
bid, and therefore, cannot withdraw any. A bidder who secures bidding documents, but submits a
letter of non-participation, cannot be considered to have withdrawn since it still did not submit a
bid. Lastly, a bidder who submits a bid higher than the ABC cannot be deemed to have
withdrawn since it actually submitted its bid and participated in the bidding process.
2. Whether the Uniform Guidelines for Blacklisting of Manufacturers, Suppliers,
Distributors, Contractors and Consultants of the IRR is still applicable.
[T]he Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors
and Consultants still remains applicable for the suspension or blacklisting of erring suppliers,
constructors and consultants.

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