Requesting Entity: Arnulfo H. Divina

Issues Concern: Agency-to-Agency Agreements

Details

Whether a surrendered or sequestered corporation of the Presidential Commission on Good Government (PCGG) where the government has controlling share could act as a Servicing Agency with another government agency for the procurement of goods, infrastructure projects, and consulting services under Negotiated Procurement (Agency-to-Agency Agreement).

[T]he Servicing Agency shall be treated as such when its mandate involves the delivery of goods and services, or to undertake the infrastructure project or consultancy required by the Procuring Entity. In addition, the Servicing Agency is expected to own or has access to the necessary tools and equipment required for the project.

Accordingly, apart from being regarded as GOCC under existing laws, as confirmed by the relevant government authority, it can be engaged under the Agency-to-Agency procurement modality if the surrendered or sequestered corporations have the mandate to deliver the goods and services required to be procured or to undertake the infrastructure project or consultancy required by the Procuring Agency .