NPM No. 132-2016

Requesting Entity: San Juan and Associates

Issues Concern: Applicability of RA 9184 in Privatization of Government Assets



Whether the absence of public bidding on the lowest service rate per kilowatt hour (kWh) is in violation of the provisions of the Republic Act (RA) No. 9184 or the Government Procurement Reform Act, rendering the concession contract for geothermal power distribution (Privatization of the Mt. Apo Geothermal Power Plant in Mindanao) illegal


[C]onsidering that privatization of assets and liabilities covered by RA 9136 does not involve an acquisition of goods, consulting services, and the contracting for infrastructure projects, it is not considered as procurement and therefore, beyond the ambit of RA 9184 and its 2016 Revised Implementing Rules and Regulations