NPM No. 037-2017
Requesting Entity: Department of Education Region VI-Western Visayas
Issues Concern: Advertising and posting of Invitation to Bid
Whether the posting of Invitation to Bid in a conspicuous place reserved for the purpose and in the premises of the Procuring Entity and the posting of the same opportunity in the PhilGEPS website for seven (7) calendar days comply with the rules on advertising and posting of Invitation to Bid provided in RA 9184, the Government Procurement Reform Act, and its 2016 revised Implementing Rules and Regulations (IRR).
[I]t is our considered view that aside from posting in a conspicuous place in the premises of the Procuring Entity, websites of PhilGEPS and the Procuring Entity, advertisement in newspaper of general national circulation is required unless the contract is one of those exempted from advertisement as provided in Section 21.2.1(c).
The rules, as previously stated, are mandatory and considering that no exceptions or qualifications were provided, procuring entities must comply with all the conditions. Non-compliance to one of the conditions shall affect the validity of the procurement activity.