In order for the AEC to evaluate and decide on the application protesting a procurement decision, especially with regards to the debarment issue, the protest application shall be submitted in a written petition format to the Administrative Office of the President (AoP). The petition shall be accompanied by 0.1% of the total contract value as a guarantee. This is a non-refundable guarantee unless the bidder/contractor wins the protest. The AoP, upon the receipt of such an application, will instruct the relevant departments of the NPA to take the necessary steps toward resolving the bidder’s protest against the debarment decision.
At this stage, the Administrative Evaluation Committee initiates its proceedings as per the requirements set forth in the Appeal and Review Procedure. The Appeal and Review Procedure further provides the appeal resolution mechanism, process, timeline, and provides that the AEC can request further information/documentation from the bidder. The bidder/contractor in accordance with Appeal and Review Procedure will have ten working days from the date on which the NPA informs it of the debarment to submit/register its protest to the NPA, requesting AEC to consider the protest.
To resolve a protest, the AEC shall appoint a technical committee to evaluate/study the protest, evidence, and/or any other supporting documents that the bidder/contractor may provide. The appointed committee will have the right to request further information/documents and, if need be, conduct face-to-face meetings with the bidder/contractor. In compliance with the Appeal and Review, the Technical Committee shall decide on the protest within seven working days.
In short, the evaluation process of a protest includes:
- Submitting a protest petition to the AEC of the NPA;
- Registration of the protest by the AEC;
- Informing the Procurement Authority of the protest within three days;
- Response from the Procurement Authority;
- The actual evaluation;
- Face-to-face meetings, if needed;
- Issuing the AEC’s decision;
- Implementation of the decision, and
- Publishing the decision on the NPA website.
