NPM 003-2004

Requesting Entity: CROWD, Incorporated

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



Whether or not the bidding conducted and the award made by Local Water Utilities Administration (LWUA) for an P80 million project on April 20, 2003 under Executive Order No. 40, Series of 2001 (E.O. 40), is legal and valid.

Considering that the award for the Obando WSS Comprehensive Improvement Project was made by LWUA on April 20, 2003, it is apparent that the Invitations to Bid were sent out by LWUA prior to the effectivity of the IRR-A of R.A. 9184 but after the effectivity of R.A. 9184. As such, we believe that the bidding conducted by LWUA on the aforesaid Project was duly covered by E.O. 40. Furthermore, assuming that the procedures in E.O. 40 and its IRR were faithfully applied, we believe that any award made thereunder for the Project is valid.