NPM 070-2012

Requesting Entity: Municipality of Victoria

Issues Concern: Request for Exemption from the Requirement of Posting in the PhilGEPS



Request for exemption from the posting requirement in the Philippine Government Electronic Procurement System (PhilGEPS) website as provided under Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR).

The mandatory character of PhilGEPS posting requirement is x x x emphasized in Section 21.2.1 of the IRR which directs that except as otherwise provided in Sections 21.2.2 and 54.2 of this IRR, and for the procurement of common-use goods and supplies, the Invitation to Bid/Request for Expression of Interest shall be posted continuously in the PhilGEPS website, the website of the procuring entity concerned, if available, and the website prescribed by the foreign government/foreign or international financing institution, if applicable, for seven (7) calendar days starting from the date of advertisement.

The use of the word “shall” makes the registration and the posting of the Invitation to Bid in the PhilGEPS website mandatory, unless falling under the exceptions expressly stated in the foregoing provisions. The word “shall” means ought to, must, obligation used to express a command or exhortation used in laws, regulations or directives to express what is mandatory. In common or ordinary parlance, the term “shall” is a word of command, one which has a compulsory meaning, and is generally imperative or mandatory, unless the contrary intent appears.

The PhilGEPS is tasked to accommodate the concerns of procuring entities in the use of the PhilGEPS website, and may easily be reached for assistance at telephone number 5849619 local 801 to 814, or email at philgepsbuyer@gmail.com.

Based on the foregoing, x x x the GPPB or this office cannot grant your request for exemption from the required posting at the PhilGEPS website.