2012-04-19

NPM 037-2012

Requesting Entity: Provincial Government of Biliran

Issues Concern: Posting of Notice of Award and Notice to Proceed in the PhilGEPS Website

 

Details

Whether posting of the Notice of Award and Notice to Proceed in the PhilGEPS website is mandatory.

Pursuant to Section 37.1.6 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 (RA 9184), "the BAC, through the Secretariat, shall post, within three (3) calendar days from its issuance, the Notice of Award in the PhilGEPS, the website of the procuring entity, if any, and any conspicuous place in the premises of the procuring entity."

The word "shall" means ought to, must, obligation used to express a command or exhortation used in laws, regulations or directives to express what is mandatory.

[T]he use of the word "shall" makes the posting of the Notice of Award, Notice to Proceed, and the approved contract in the PhilGEPS website, the website of the procuring entity, if any, and any conspicuous place in the premises of the procuring entity mandatory. Exception comes only in the posting at the procuring entity's website, when the procuring entity does not have its own website.