MECHANISM IN THE FILING OF PROTEST

(under Republic Act No. 9184 and its Revised Implementing Rules and Regulation)
Decision of Bids and
Awards Committee
(BAC)

Bidder concerned may file a request for reconsideration

on the decision of the BAC at any stage of the
procurement process. Request for reconsideration is a
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
notice from the BAC (e.g., notice of ineligibility, postdisqualification) or upon verbal notification (during the
opening of bids) by a failed bidder of its intention to file a
1
motion for reconsideration .

Motion for
Reconsideration

The BAC shall issue its final decision/resolution on the

request for reconsideration.

BAC

GRANTED

DENIED

Questioned
action/decision
is reversed or
modified.

BAC
Decision/
Resolution

inform bidder of
the decision

inform bidder
of the decision

END

Protest

BAC Secretariat

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
Requirements up to P10 million - Head of SPC/OfficerIn-Charge of SPC; up to P20 million Governor/OfficerIn-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
appropriate procuring unit concerned [Head Office PrO
BAC Sec.; SPC SPC BAC Sec.; Regions - BAC Sec. of
the concerned region]

Cash Department
(CD)
DG of Sector/Sector-InCharge; or Head of
SPC/Officer-In-Charge of
SPC; or Governor/Officer-InCharge; or Monetary Board

The Bidder shall secure from the BAC Sec. (Head

Office, SPC or Region depending on where the
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.
An Official Receipt shall be issued by the CD as
proof of payment.

The BAC Secretariat shall endorse the protest to the

appropriate official concerned

A
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)

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).

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).

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
of the Deputy
Governor/Sector-inCharge; or Head of
SPC/OIC of SPC; or
Governor/OIC; or
Monetary Board

DENY PROTEST

GRANT PROTEST

Questioned
action/decision
that is subject of
protest is
reversed/modified

inform bidder of
the decision

END

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.

inform bidder
of the decision

BAC SEC.

COURT ACTION

END

The Head of the BAC-Sec. shall

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