MECHANISM IN THE FILING OF PROTEST

(under Republic Act No. 9184 and its Revised Implementing Rules and Regulation)

Decision of Bids and Bidder concerned may file a request for reconsideration
Awards Committee on the decision of the BAC at any stage of the
procurement process. Request for reconsideration is a
(BAC) requisite prior to filing a protest, if any.

The Motion or Request for Reconsideration must be filed

within three (3) calendar days upon receipt of written
Motion for notice from the BAC (e.g., notice of ineligibility, post-
Reconsideration disqualification) or upon verbal notification (during the
opening of bids) by a failed bidder of its intention to file a
1
motion for reconsideration .

The BAC shall issue its final decision/resolution on the

BAC request for reconsideration.

GRANTED inform bidder

Questioned of the decision
BAC action/decision
Decision/ is reversed or
END
Resolution modified.
DENIED

inform bidder of
the decision 2
Protest , in the form of a verified position paper and
3
accompanied by a non-refundable protest fee , may be filed
4
in writing to the duly authorized official concerned [with
an ABC/Contract Amount of up to P10 million Deputy
Governor of Sector/Sector-In-Charge; For SPC
Protest Requirements up to P10 million - Head of SPC/Officer-
In-Charge of SPC; up to P20 million Governor/Officer-
In-Charge; Above P20 million Monetary Board] within
seven (7) calendar days from receipt of the BAC
decision/resolution denying the request for reconsideration.

The Bidder shall file the protest (i.e. the verified position
paper addressed to the appropriate official concerned with
non-refundable protest fee) with the BAC Secretariat of the
BAC Secretariat appropriate procuring unit concerned [Head Office PrO
BAC Sec.; SPC SPC BAC Sec.; Regions - BAC Sec. of
the concerned region]

The Bidder shall secure from the BAC Sec. (Head

Cash Department Office, SPC or Region depending on where the
(CD) procurement was undertaken) an Order of
Payment Form which is a requisite in the payment
of the protest fee to the BSP Cash Department.
Payment of Protest Fee shall be made to the CD.
DG of Sector/Sector-In-
An Official Receipt shall be issued by the CD as
Charge; or Head of proof of payment.
SPC/Officer-In-Charge of
SPC; or Governor/Officer-In- The BAC Secretariat shall endorse the protest to the
Charge; or Monetary Board appropriate official concerned

1
In case a failed bidder signifies his intention to file a request for reconsideration, the BAC shall keep the bid envelopes of the
said failed bidder unopened and/or duly sealed until such time that the request for reconsideration has been resolved (Sec.
55.1)
2
In no case shall any protest taken from any decision treated in this Rule shall stay or delay the bidding process. Provided,
however, that the protests must first be resolved before any award is made (Sec. 57).
3
The non-refundable protest fee shall be in an amount equivalent to no less than one percent (1%) of the Approved Budget for
the Contract (ABC) (Sec. 55.3).
4
The Head of the Procuring Entity refers to the governing board or its duly authorized official, for the GOCCs, GFIs, and SUCs
(Sec. 5[t]).
 MECHANISM IN THE FILING OF PROTEST
(under Republic Act No. 9184 and its Revised Implementing Rules and Regulation)

Decision/ Resolution inform bidder of

of the Deputy
GRANT PROTEST Questioned the decision
Governor/Sector-in- action/decision
Charge; or Head of that is subject of END
SPC/OIC of SPC; or protest is
Governor/OIC; or
reversed/modified
Monetary Board

DENY PROTEST The decision/action of the duly authorized official on the

protest filed by bidders for procurements with an
ABC/Contract Amount of up to P20 million shall be
considered as final.

The Head of the BAC-Sec. shall

inform bidder furnish the GPPB within seven (7)
of the decision BAC SEC. calendar days a copy of the decision
resolving the protest.

COURT ACTION

END