Requesting Entity: Bureau of Internal Revenue
Issues Concern: Section 18.104.22.168 of Government Procurement Policy Board (GPPB) Circular No. 03-2012
Whether Section 22.214.171.124 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 126.96.36.199 of the Circular likewise particularly applies to infrastructure projects.