Requesting Entity: Capiz 2nd District Engineering Office – Department of Public Works and Highways

Issues Concern: Advertisement and Posting Requirements; Failure of Bidding

Details

1. Whether it is legal to proceed with the awarding and execution of contract although the posting in the PhilGEPS website was not successful, but the advertisement and other posting requirements were complied with

All procuring entities are mandated to fully use the PhilGEPS in the conduct of their procurement procedures, non-observance of which renders the proceeding to which it relates void, or the violation of which makes the decision therein rendered invalid.

2. Whether it is appropriate that the checking of postings in the PhilGEPS website and in conspicuous place, and advertisement in the newspaper of general circulation be done or prior to the post-qualification process

[T]he purpose of the post-qualification process is to verify, validate, and ascertain all statements made and documents submitted by the bidder with the Lowest Calculated Bid/Highest Rated Bid. Although non-compliance by the Bids and Awards Committee (BAC) with the rules may be discovered during the post-qualification stage, this process does not cover the verification, validation, and ascertainment of such non-compliance of the BAC with the requirements under the law and the rules, such as, but not limited, to advertisement and posting; the same is true even prior to post-qualification stage.