Requesting Entity: Department of Education
Issues Concern: 2005 Call for Submission of Textbooks and Teacherís Manual
Subject to the foregoing statements and having regard to applicable rules and regulations that may be relevant in the determination of the conformity of the Departmentís undertaking to present procurement laws, this Office is of the opinion that, subject to certain conditions, the 2005 Call for Submission of Textbooks and Teacherís Manuals does not under the premises conflict with the provisions of R.A. 9184.
The Department of Education shall, in view of bidding out the procurement of subject textbooks and teacherís manuals, consider the following:
a. The Call for Submission of Textbooks and Teacherís Manuals shall not limit the bidding opportunity to those who have participated in the said activity or otherwise amount to pre-qualification of bidders by making participation thereto a criterion for eligibility. Equal opportunity shall be extended to other contracting parties who are capable of complying with the Departmentís requirements.
b. Pursuant to Section 7.3 of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act No. 9184 (R.A. 9184), the packaging of the procurement contract shall be divided into two components: 1) development of the manuscript; and 2) printing of the textbooks.