Requesting Entity: Bureau of Corrections
Issues Concern: Posting Requirements in the Procuring Entity’s Website
Whether the failure to post the Invitation to Bid (ITB) in the procuring entity’s website is a material ground or fatal defect that could be a basis for concluding a failure of bidding.
Pursuant to Section 21.2 of the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184 9RA 9184), aside from the required advertisement in one (1) newspaper of general nationwide circulation and posting at any conspicuous place reserved for the purpose in the premises of the procuring entity, the Invitation to Bid/Request for Expression of Interest shall be posted continuously in the PhilGEPS website, the website of the procuring entity concerned, if available, and the website prescribed by the foreign government/foreign or international financing institution, if applicable, for seven (7) calendar days starting on date of advertisement.
In this regard, it is our view that such non-compliance is a material defect in the procurement process. Accordingly, the Head of the Procuring Entity (HOPE) may exercise the reservation under Section 41 of RA 9184 and the IRR.