Requesting Entity: Bases Conversion and Development Authority (BCDA)
Issues Concern: Notice to Proceed (NTP)
Whether the BCDA can forego the issuance of the NTP for the procurement of goods and services since the issued Purchase Order or Job Order already contains the conforme of the winning supplier and the delivery date, which in effect authorizes the supplier to proceed and deliver the required goods and services.
The NTP shall be issued by the Procuring Entity (PE) together with a copy of the approved contract to the successful bidder within three (3) calendar days from the date of the approval of the contract by the appropriate government approving authority. The contract effectivity date, as provided in the NTP, shall not be later than seven (7) calendar days from its issuance.
Government contracts are regarded as special contracts due to the particular and specific requirements as to forms and solemnities that need be complied with prior to its execution. Failure to follow such rules render the proceeding to which it relates illegal and void, or the violation of which makes the decision rendered therein invalid in accordance to Article 5 of the Civil Code of the Philippines. RA 9184, having been enacted for the advancement of public welfare, contains mandatory provisions. Section 37 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 provides that the award of contract is subject to compliance with the conditions enumerated therein, such as the issuance of the Notice to Proceed. Hence, the bidder must still comply with all the requirements provided for under the law and the rules for it to be legally enforceable.