Requesting Entity: Philippine Information Agency

Issues Concern: Interpretation of Sections 50 (a), 50 (b) and 53 (e) of IRR-A of R. A. 9184

Details

Clarification on the application and/or interpretation of certain provisions of the IRR-A of R.A. 9184.

Under [GPPB Resolution 03-2007 dated 30 March 2007], a procuring entity may directly negotiate a contract with another agency of the Government for the procurement of infrastructure, consulting services, and goods. However, the term “agency” shall exclude government owned and controlled corporations incorporated under B.P. 168, otherwise known as the “Corporation Code of the Philippines”. Also note that the GPPB has yet to issue guidelines to implement said resolution.

Based on the foregoing, Philippine Information Agency may invoke Section 53 (e) of IRR-A of R.A. 9184 in entering into a contract with DPWH for the procurement of consulting services for the construction of PhilHealth’s corporate headquarters.

Subject to the implementing guidelines to be issued by the GPPB as mentioned above, in case two or more agencies of Government offer similar services in assisting PhilHealth to procure the necessary consulting services and civil works, the procuring entity shall ensure that the most advantageous price for the Government is obtained taking into account the type of the contract to be employed and the extent/size of the contract scopes/packages (Section 48.1, IRR-A, R. A. No. 9184).