Non-Policy Opinions

2004-01-07

NPM 007-2004

Requesting Entity: Municipality of Asturias, Cebu

Issues Concern: Request for Exemption of the Municipality of Asturias, Cebu in the Implementation of Republic Act No. 9184 (R.A. 9184), Standard Bidding Forms and Bids and Awards Committee (BAC) Composition of the Barangays

 

Details

Request for exemption from R.A. 9184

Based on the above-quoted provision (Section 4.1) of the IRR-A, we believe that the Municipality of Asturias, Cebu cannot be exempted from the implementation of R.A. 9184 and its IRR-A in its procurement activities. It must also be noted that the barangay, as a unit of a municipality, is likewise mandated to implement the said law. The law is clear and provides for no exemptions.

Furthermore, we find that the reasons advanced by your municipality justifying exclusion from the implementation of the law are too insubstantial to disregard the mandatory provisions of R.A. 9184 and its IRR-A, which were purposely enacted to modernize, standardize and regulate the procurement activities of the government under the declared policy of the State to promote the ideals of good governance in all its branches, department, agencies, subdivisions and instrumentalities.


Request for Standard Bidding Documents

With the regard to the bidding forms, the Government Procurement Policy Board (GPPB) has still to finalize the Standard Bidding Documents and Procurement Manuals. Pending the issuance of the standard bidding forms and manuals by the GPPB, the procuring entity may still use their existing forms and documents in all its procurement activities.


BAC Composition for Barangays

Concerning the composition of the Bids and Awards Committee (BAC) of the barangays, the GPPB has already coordinated with the Department of Interior and Local Government regarding the matter. Awaiting the issuance of the guidelines regarding the BAC composition of the barangay by the GPPB, the barangay concerned shall maintain their status quo.