procedural lapse, resulting in non-compliance with procurement
regulations.
11.2.2.5 The delayed conduct of Negotiated Procurement – Two Failed
Biddings may indicate procurement inefficiencies and may have
resulted in the untimely delivery of goods and services, potentially
affecting government operations and project implementation.
11.2.3 Late posting of NOA and failure to post NTP and contracts in the
PhilGEPS website
11.2.3.1 Section 37.1.6 of the IRR of RA No. 9184 requires that the Bids
and Awards Committee (BAC), through the Secretariat, shall post,
within three (3) calendar days from its issuance, the Notice of
Award (NOA) in the PhilGEPS, the website of the Procuring
Entity, if any, and any conspicuous place in the premises of the
Procuring Entity.
11.2.3.2 Section 37.4.2. of the aforementioned IRR also requires that the
procuring entity, through the BAC Secretariat, shall post a copy of
the Notice to Proceed (NTP) and the approved contract in the
PhilGEPS and the website of the Procuring Entity, if any, within
15 calendar days from the issuance of the NTP.
11.2.3.3 Furthermore, the contract award shall be made within the bid
validity1, wherein bids and bid securities shall be valid for a
reasonable period, as determined by the Head of Procuring Entity
concerned, but in no case shall the period exceed 120 calendar days
from the date of opening of bids2. Should it become necessary to
extend the bid validity, the procuring entity shall request in writing
all those who submitted bids before the expiration date. Bidders,
however, shall have the right to refuse to grant such an extension
without forfeiting their bid security3.
11.2.3.4 Our review of the supporting documents for the payments for the
construction of several FMR projects and procurement of
equipment, vehicles, supplies, and materials totaling
₱127,237,267.67 revealed that the NOAs were posted late, and
NTPs were not posted at all on the PhilGEPS website (Appendix
4).
1
Section 37.1.5, IRR of RA 9184.
2
Sec. 28.1, Ibid.
3
Sec. 28.2, Ibid.
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