Requesting Entity: Department of Education

Issues Concern: 2005 Call for Submission of Textbooks and Teacher’s Manual

Details

Request for opinion and/or policy guidance on whether the planned 2005 Call for Submission of Textbooks and Teacher’s Manuals is in accordance with the provisions of Republic Act No. 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A)

In view of rendering its opinion, this office operates on the basis of the following premises/assumptions: (1) The Call for Submission of materials, undertaken to ensure that all materials to be offered comply with a prescribed content or pre-set standard, is done preparatory to a contemplated bidding for the procurement of textbooks and teacher’s manuals; (2) The Call for Submission of the materials is to be advertised to afford dissemination of the same to the widest latitude and open the procurement opportunity to the general public; and (3) The Content Evaluation is to be done merely to identify the correctness of the materials submitted and to allow revisions per recommendations made by evaluators. It does not constitute, in any manner, eligibility check or otherwise a process to qualify or disqualify bidders outright.

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 Department’s undertaking to present procurement laws, this Office is of the opinion that, subject to certain conditions, the 2005 Call for Submission of Textbooks and Teacher’s 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 teacher’s manuals, consider the following:

a. The Call for Submission of Textbooks and Teacher’s 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 Department’s 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.