NPM No. 014-2016
Requesting Entity: Poro Point Management Corporation (PPMC)
Issues Concern: Period to Resolve Protest
Whether the Head of the Procuring Entity (HOPE) may decide beyond the seven (7) calendar day period in accordance with Section 56 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
[T]he HOPE has the obligation to decide and resolve the protest submitted before it within the reglementary period prescribed by law and the rules. However, despite its mandatory nature, failure to observe the seven (7) calendar day period under Section 56 does not bar or relieve the HOPE from acting on and resolving the protest at hand; this is pursuant to Section 57 of the IRR which prohibits the award of contract should there remain unresolved protests on the procurement activity at hand.