Requesting Entity: Department of Education
Issues Concern: Extension of Period of Post-Qualification Process
Legality of the procurement process that exceeded the thirty (30) calendar day-period of post qualification and the three (3) month maximum period of procurement under the revised IRR of Republic Act (RA) No. 9184.
[I]t is implicit in Section 65.1(b) of the IRR of RA 9184 that the post-qualification process beyond the prescribed period of action may be recognized for justifiable causes, such that, although the period of action required under the rules are mandatory in character, penal sanctions or liability will not set in against the concerned public officers provided that, valid, reasonable, and justifiable causes exist to warrant a delay in the process.
In this wise, we wish to clarify that extension of mandatory periods under the IRR of RA 9184, including the allowable extensions recognized by the law and rules, is proscribed. Should the PE decides to extend the same, it must show and provide compelling, sufficient, valid, reasonable, and justifiable cause for such extension. Such valid justification, however, will only free officials from penal sanction or liability, but not from applicable administrative and civil sanctions or liabilities under existing laws, rules and regulations.