NPM No. 084-2015
Requesting Entity: Department of Science and Technology - CARAGA
Issues Concern: Advertisement and Posting
Whether the Request for Expression of Interest (REI) should be re-advertised in a newspaper of general circulation during the re-bidding of its consulting services
[U]nder Section 35.3 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, upon the conduct of mandatory review after the first failure of bidding, the BAC shall conduct a re-bidding of the project with re-advertisement and/or posting, as provided for in Section 21.2 of the IRR of RA 9184.
Notably, Section 21.2 of the IRR imposes compliance with the mandatory requirement of advertisement and posting, without distinguishing whether the procurement is a totally new activity or a re-bidding of an earlier failed procurement opportunity.
Considering that the BAC will be re-bidding a project with an ABC of more than PhP1,000,000.00, the REI should also be advertised at least once in a newspaper of general nationwide circulation in accordance with Section 21.2.1(a) of the IRR of RA 9184.