2012-11-29

NPM 149-2012

Requesting Entity: Bureau of Internal Revenue

Issues Concern: Section 3.2.4.1 of Government Procurement Policy Board (GPPB) Circular No. 03-2012

 

Details

Whether Section 3.2.4.1 of GPPB Circular No. 03-2012 dated 17 August 2012 on Post-Qualification and Issuance of Notice of Post-disqualification, is applicable only to the procurement of infrastructure projects as it mentions "negative slippage", a concept conceived to be peculiar only to civil works procurement.

It is well-settled rule in statutory construction that where the language of the law is clear and unequivocal, it must be given its literal application and applied without interpretation. Since Section 34.3(b)(ii) of the revised IRR of RA 9184 specifically states that it applies to the post-qualification of infrastructure projects, it is our view that Section 3.2.4.1 of the Circular likewise particularly applies to infrastructure projects.