NPM 006-2003

Requesting Entity: Philippine Coconut Authority

Issues Concern: Advertisement Requirement under Executive Order No. 40, Series of 2001 (E.O.40), and its Implementing Rules and Regulation (IRR)



Whether or not, under current procurement laws, rules and regulations, the Pre-qualifications Bids and Awards Committee (PBAC) still exists

Under E.O. 40 and its IRR, PHILCOA would have to reconstitute all existing PBACs into BAC. Furthermore, it is noteworthy to inform PHILCOA that the existence of the BAC in lieu of the PBAC, has been maintained in R.A. 9184.

Whether or not, publication of the Invitation to Bid in two (2) newspapers of general circulation on three (3) different dates, constitutes substantial compliance with the requirements of Executive Order No. 40, series of 2001 (E.O. 40), and its Implementing Rules and Regulations (IRR).

Aside from the newspaper advertisement requirement for public biddings involving goods costing more than two million pesos (Php. 2,000,000.00), there is a need to post the Invitation to Apply for Eligibility and to Bid at the website of the concerned agency, if any, the EPS, and at conspicuous places in the premises of the said agency.

Therefore, although the posting by PHILCOA of its Invitation to Bid in TODAY and MALAYA may be considered as substantially complying with the relevant provisions of E.O. 40 and its IRR, the posting requirement in the PHILCOA website, if any, and the EPS, would have to be complied with.