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EDUARDO J. JALANDONI v. NATIONAL RESETTLEMENT

This case has been cited 1 times or more.

2007-07-31
PUNO, C.J.
As correctly pointed out by the respondents, the mere submission of the lowest bid does not automatically entitle the petitioners to the award of the contract. The bid must still undergo evaluation and post qualification in order to be declared the lowest responsive bid and thereafter be awarded the contract. As provided in the Invitation to Apply for Eligibility and to Bid, "the Government reserve[s] the right to reject any and all bids, waive any minor defect therein, and accept the offer most advantageous to the Government."[14] Such reservation subjects the bidders to the right of the Government to reject, and consequently accept, any and all bids at its discretion. Unless such discretion has been arbitrarily exercised causing patent injustice, the Court will not supplant its decision to that of the agency or instrumentality which is presumed to possess the technical expertise on the matters within its authority.[15]