Requesting Entity: Administrative & Financial Management Service National Anti-Poverty Commission (NAPC)
Issues Concern: Posting of Performance Security by Non-Governmental Organizations (NGOs)
Whether NGOs selected to perform contracts acquired through Negotiated Procurement (NGO Participation) under Section 53.11 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184 are required to post performance security even if such contract does not involve an infrastructure project.
Regardless of the category of procurement for a contract where the NGO is engaged using Negotiated Procurement (NGO Participation) under Section 53.11 of the IRR of RA 9184 and Section 6 of the NGO Participation in Public Procurement (Guidelines), the selected NGO is required to post a performance security upon signing of the MOA. The Guidelines require the posting of performance security in accordance with Section 39 of the IRR of RA 9184 regardless of the modality adopted in selecting the NGO.