NPM No. 121-2015
Requesting Entity: Manolo Fortich, Bukidnon
Issues Concern: Award of Contract
Whether it is allowed to award a contract after the lapse of the three (3)-month period reckoned from the date of bid opening.
[A] PE shall award the contract to the Lowest Calculated Responsive Bid within three (3) months from the opening of bids. Failure to comply with this mandatory period will affect the validity of the bidding process, including the resulting contract therefor.
On the other hand, it can be gleaned from Section 65(2) of RA 9184 on the criminal liability of public officers that awarding of contracts beyond the prescribed period of action may be recognized for justifiable causes. Put differently, although the periods of action under RA 9184 and its IRR are mandatory in character, penal sanctions or liability may not set in against the concerned public officers when justifiable causes exist to warrant delay in the conduct of the procurement activities, provided further, that the bid, including the bid security of the bidder remains valid.