Requesting Entity: Metropolitan Waterworks and Sewerage System (MWSS) - Regulatory Office
Issues Concern: Application of Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act"
A. Preparation of the IRR:
For appropriate implementation, Section 75 of R.A. 9184 mandates that the Government Procurement Policy Board (GPPB) and the members of the Joint Congressional Oversight Committee to prepare and formulate the corresponding IRR of the law for the approval by the President. At present, the draft IRR is already in its final stage of preparation, minor revisions are being made and the contentious provisions and issues are now being discussed for finalization. As soon as the IRR is approved by the President, we shall have the same immediately published for dissemination.
B. Use of the GPRA Prior to the Approval of the IRR:
It must be noted that although R.A. 9184 is already effective, the said law cannot be fully implemented unless and until its IRR has been approved by the President and published for dissemination.
Accordingly, in order to prevent delay, inconvenience or hiatus in its procurement activities, we further believe that MWSS Regulatory Office need not wait for the issuance of the IRR of R.A. 9184 and may proceed with the conduct of its procurement, applying the procurement rules and procedures embodied in E.O. 40 and its IRR. It is in this connection that we inform your office that during the 3rd Meeting of the GPPB on May 26, 2003, the members unanimously agreed that Government agencies are justified in applying E.O. 40 in the absence of the IRR of R.A. 9184 that in cases where invitations for bids were issued after the effectivity of R.A. 9184 but before the effectivity of its IRR, procuring entities may continue adopting the procurement procedures, rules and regulations provided in E.O. 40 and its IRR, or other applicable laws.