Memorandum Circular No. 245




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 245, March 19, 1969 ] ENJOINING ALL HEADS OF DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF THE GOVERNMENT, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, TO OBSERVE STRICTLY THE PROVISIONS OF THE REVISED ADMINISTRATIVE CODE IN THE AWARD OF CONTRACTS FOR ANY NATIONAL PUBLIC WORKS OF CONSTRUCTION OR REPAIR. WHEREAS, it has come to the attention of this Office that contracts for national public works of construction or repair are being awarded on a negotiated basis or entered, into without publication of the invitations to bid in a newspaper of general circulation; WHEREAS, such procedure is in violation of the mandatory requirement of Section 1917 of the Revised Administrative Code, as amended, which reads: “Section 1917- Lotting of contracts C national public works. – When any national public works of construction or repair involves an estimated cost of ten thousand pesos or more, the contract therefor shall, except as herein below provided, be awarded by the Director of Public Works to the lowest responsible bidder after publication in the Official Gazette, in accordance with Commonwealth act Numbered Six Hundred and Thirty-Eight, for at least three tines extending over a period of at least ten days: Provided, however, that, in case of urgent necessity the Director of Public Works may, with the approval of the President of the Philippines, upon recommendation of the Secretary of Public Works and Communications, execute by administration and without advertising for bids any public work costing ten thousand pesos or more. “In case of national public works involving an expenditure of loss than ten thousand pesos it shall be discretionary with the Director of Public Works either to proceed with the work himself or to let the contract to the lowest bidder after such publication and notice as shall be deemed appropriate or as may be by regulation, prescribed.” WHEREFORE, all heads of departments, bureaus, offices and agencies of the Government, including government-owned or controlled corporations, are hereby enjoined to observe strictly the aforequoted provisions of the Revised Administrative Code in the award of contract for any national public works or contraction or repair.1âшphi1 By authority of the President: (SGD.) RAFAEL M. SALAS Executive Secretary Manila, March 19, 1969 The Lawphil Project - Arellano Law Foundation