NPM No. 048-2015

Requesting Entity: Department of National Defense

Issues Concern: Applicability of Republic Act No. 9184



Whether the establishment of a Direct Communication Link Project with and in between ASEAN Member States would fall under the ambit of procurement law

[A]ny government procurement activity where public funds are utilized or is contemplated to be spent shall, perforce, fall within the ambit of RA 9184 and its associated rules and guidelines, unless the procuring entity is able to establish, through DFA confirmation, that the procurement activity is covered by an agreement that is a Treaty or International or Executive Agreement, and the same agreement expressly provides the use of procurement rules other than RA 9184 and its IRR.