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Does the issuance of Purchase Order (PO) required even if the Procuring Entity and the Supplier had already entered into a contract?

Re: Does the issuance of Purchase Order (PO) required even if the Procuring Entity and the Supplier had already entered into a contract?

by Jessie Salvador -
Number of replies: 0
The Civil Code of the Philippines is applicable:

Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.

Applying this in the government procurement. the meeting of the minds take place once the Notice of Award is received by the winning bidder. From that moment, a contract have been entered into. However, there are forms and requirements needed to comply with RA 9184.

However, in relation to your query on Purchase Order (PO), it is my opinion that PO should no longer be required if there is already a contract agreement. Otherwise, it will create confusion as to which contract (because PO is also a contract) should be enforced in case of discrepancy.