April 26, 2022
Dear Mr. Baconawa,
Greetings!
Thank you for your request dated Apr 22, 2022, 09:30:53 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You inquired regarding procurement timelines, particularly:
1. When should be the submission of bids if its scheduled deadline falls on a non-working holiday?
2. When should be the opening of bids?
Response to Request
Your FOI request is approved. I enclose a copy of all the information you requested.
To answer your first question, the deadline for bid submission shall be the next working day, pursuant to Section 38.2 of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184, which provides:
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“38.2 The maximum periods and the recommended earliest possible time for action on specific procurement activities are provided for in Annex “C” of this IRR.
In case the deadline for each activity falls on a non-working day (i.e. Saturday and Sunday), legal holiday, or special non-working holiday, or other nonworking days duly declared by the President, Governor, Mayor or other Government Official authorized to make such declaration, the deadline shall be the next working day.
However, for purposes of expediency, economy, and efficiency, as determined by the BAC, specific procurement activities may be held on a Saturday, Sunday, nonworking day or holiday: provided, that the BAC, secretariat and TWG members shall be available on such date, and the appropriate supplemental/bid bulletin is issued and posted pursuant to the posting requirements embodied in section 22.5.3 of this IRR.”
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And to answer your last query, bid opening takes place immediately after the deadline of the submission and receipt of bids, the schedule and place of which is specified in the Bidding Documents, in accordance with Section 29 of the same IRR, which provides:
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“Section 29. Bid Opening. The BAC shall open the bids immediately after the deadline for the submission and receipt of bids. The time, date, and place of the opening of bids shall be specified in the Bidding Documents. (Emphasis supplied.)
For electronic bid submission, the passwords for accessing the Bidding Documents will be disclosed by the Bidders only during the actual bid opening which may be done in person or face-to-face through videoconferencing, webcasting or similar technology.
In case the bids cannot be opened as scheduled due to justifiable reasons, the BAC shall take custody of the bids submitted and reschedule the opening of bids on the next working day or at the soonest possible time through the issuance of a Notice of Postponement to be posted in the PhilGEPS website and the website of the Procuring Entity concerned.
The bidders or their duly authorized representatives may attend the opening of bids. The BAC shall ensure the integrity, security, and confidentiality of all submitted bids. The abstract of bids as read and the minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee to recover cost of materials.”
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As a final note, I attached herewith a link to, and a copy of, the latest Handbook, which includes the Recommended Earliest Possible Time and Maximum Period Allowed for the Procurement of Goods, Infrastructure Projects, and Consulting Services (Annex C of the same IRR).
Link to the Latest Handbook: https://www.gppb.gov.ph/assets/pdfs/9th%20Ed.%20Handbook_Mar2022.pdf
To check Annex C, see Pages 139-141/ 419 of the attached link and PDF File.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Executive Director, Atty. Rowena Candice M. Ruiz, thru e-mail address at
[email protected]. Your review request should explain why you are dissatisfied with this response and should be made within fifteen (15) calendar days from the date when you received this letter. We will complete the review and tell you about the result within thirty (30) calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
FOI Receiving Officer
