Requesting Entity: Office of the Regional Executive Director, Department of Agriculture (DA)
Issues Concern: GPPB Resolution No. 34-2013
Clarification on the applicability of RA 9184, particularly Negotiated Procurement under Section 53.2 (Emergency Cases), in the procurement of an internationally funded project/program.
Negotiated Procurement under Emergency Cases modality may be resorted to if the conditions provided for under Section 53.2 are present. Nonetheless, we wish to stress that under Section 4 of RA 9184 and its IRR, if use of foreign government or foreign or international financing institution procurement procedures and guidelines has been expressly provided for by a Treaty or International or Executive Agreement to which the Government of the Philippines is a signatory, then such procedures and guidelines shall be applied and observed in the subject procurement. Accordingly, the provisions and conditions set in such Grant and/or Agreement relative to procurement rules and procedures to be applied for projects supported by the proceeds of the Grant and or Agreement shall be observed.