Requesting Entity: Department of Science and Technology
Issues Concern: Publication of Supplemental/Bid Bulletins
Whether the supplemental bid bulletin that contains mere changes in schedules of the BAC activities need to be posted in the PhilGEPS website.
Section 22.5.3 provided that any Supplemental/ Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS and the website of the procuring entity concerned, if available. It does not qualify what type of Supplemental/Bid Bulletin should be posted. Thus, the procuring entity is mandated to post all Supplemental/Bid Bulletin in the PhilGEPS website, and in the procuring entity's website, if available. As a mandatory requirement, the posting requirement cannot be set aside.
The failure of the BAC to comply with this procedural requirement amounts to a failure to follow the prescribed bidding procedures that may warrant declaration of failure of bidding by the HOPE pursuant to Section 41 (b) of the IRR of RA 9184, and imposition of proper and applicable administrative sanctions against the erring officials for their failure to comply with existing procurement law, rules, and regulations, after due notice and hearing.