NPM No. 123-2015
Requesting Entity: Philippine Postal Corporation (PHILPOST)
Issues Concern: Highly Technical Consultant
Whether the Chairman and Members of the Board of PhilPost can directly hire consultants under Section 53.7 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
[T]he procuring entity has the discretion to resort to alternative methods of procurement, that is, Negotiated Procurement through the engagement of Highly Technical Consultants, subject to compliance with the parameters and factors laid down in RA 9184 and its revised IRR. In that, PhilPost should sufficiently identify the existence and validity of the circumstances that warrant the use of the alternative procurement modality. Thus, the identified work is highly technical or proprietary or primarily confidential or policy determining, where trust and confidence is the primary consideration.