NPM 012-2003

Requesting Entity: Philippine Charity Sweepstakes Office

Issues Concern: Applicable Procurement Procedure Pending Approval of the IRR of R.A. 9184



Whether or not the Philippine Charity Sweepstakes Office (PCSO) should wait for the issuance of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (R.A. 9184), otherwise known as the “Government Procurement Reform Act,” before it commences with the application and implementation thereof.

Applicable Law Pending Finalization of the IRR of R.A. 9184 :

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 finally 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 PCSO 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.