Requesting Entity: Department of Foreign Affairs (DFA)
Issues Concern: Posting Requirements of Alternative Methods of Procurement
Whether requests for proposals, copies of awarded contracts and notices of award in favor of highly technical and confidential consultants for projects which are highly confidential should be posted at the Philippine Government Electronic Procurement System (PhilGEPS) and the DFA Websites.
Advertisement and/or Posting of Procurement Opportunities
In the case of procurement through Alternative Methods, the advertisement and posting requirements prescribed under Section 21.2.1 of the same Rules may be dispensed with pursuant to Section 54.2 of the IRR of RA 9184; except in the following modalities: (1) Shopping under Section 52.1(b); (2) Negotiated Procurement under Sections 53.1 (two-failed biddings); 53.9 (small value procurement); and 53.11 (NGO Participation).
Accordingly, applying the principle of "expression unius est exclusio alterius", the express enumeration of the aforementioned alternative modalities necessarily gives the Procuring Entity (PE) the option to dispense with the requirement of advertisement and/or posting of opportunities in the engagement of highly technical or primarily confidential consultants from the requirement of advertisement and/or posting of opportunities pursuant to Section 21.2.1 of the IRR of RA 9184.
Posting of Notice of Award and Contracts
Although the procurement opportunity for the engagement of highly technical or primarily confidential consultants is not required to be advertised or posted, the notice of award, on the other hand, is mandated to be posted in accordance with Section 54.3 of the IRR of RA 9184.
Section 2.2 of the IRR of Executive Order (EO) No. 662 requires the posting of electronic copies of contracts in the PhilGEPS, to wit: 2.2 All Procuring Entities are likewise mandated, through its BAC Secretariat, to attach an electronic copy of any proposed and concluded public sector contracts, regardless of amount involved, in the PhilGEPS.