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1. Whether or not forms of Bid Security as provided under Section 27.2 and
the forms of Performance Security under Section 39.2 of the 2016 revised
Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184
are fixed and exclusive, such that the procuring entity cannot remove from
or add to, any of the forms provided in the 2016 revised IRR?
Under the 2016 IRR of RA 9184, the prospective bidder has the discretion
to select the form of Bid Security to accompany its bid, and the
Performance Security to guarantee the faithful performance of its
obligations under the contract;
The Protest Mechanism under Section 55, Rule XVII, of the 2016 IRR must
be exhausted prior to resorting to court action. The filing of a Motion for
Reconsideration on the decision of the HoPE is not a condition sine qua
non for the filing of a Petition for Certiorari under RA 9184 and the 2016
IRR vis-a-vis Rule 65 of the 1997 Revised Rules of Court.