| ARTICLE XVII
PROTEST MECHANISM
SEC. 55. Protests on Decisions of the BAC. - Decisions
of the BAC in all stages of procurement may be protested
to the head of the procuring entity and shall be in writing.
Decisions of the BAC may be protested by filing a verified
position paper and paying a non-refundable protest fee.
The amount of the protest fee and the periods during which
the protests may be filed and resolved shall be specified
in the IRR.
SEC. 56. Resolution of Protests. - The protests
shall be resolved strictly on the basis of records of the
BAC. Up to a certain amount to be specified in the IRR,
the decisions of the Head of the Procuring Entity shall
be final.
SEC. 57. Non-interruption of the Bidding Process. - In no case shall any protest taken from any decision treated
in this Article stay or delay the bidding process. Protests
must first be resolved before any award is made.
SEC. 58. Report to Regular Courts; Certiorari. -
Court action may be resorted to only after the protests
contemplated in this Article shall have been completed.
Cases that are filed in violation of the process specified
in this Article shall be dismissed for lack of jurisdiction.
The regional trial court shall have jurisdiction over final
decisions of the head of the procuring entity. Court actions
shall be governed by Rule 65 of the 1997 Rules of Civil
Procedure.
This provision is without prejudice to any law conferring on
the Supreme Court the sole jurisdiction to issue temporary
restraining orders and injunctions relating to Infrastructure
Projects of Government.
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