NPM 034-2005

Requesting Entity: National Power Corporation

Issues Concern: Request for Confirmation of DOJ Opinion on the Adoption of Alternative Method of Procurement through Negotiated Procurement for the Supply and Delivery of 6 x 65,000 MTs Imported Steaming Coal to Masinloc CFTPP for CY 2005



Whether or not in light of the repeal by E.O. 423 of E.O. 109-A it is necessary for the Government Procurement Policy Board (GPPB) to confirm the DOJ Opinion issued for purposes of the requirement under Section 4 of E.O. 109-A

We answer in the negative.

By our reading of Section 13 of E.O. 423, it is our considered view that the procedures and authorizations provided under E.O. 423 are intended to apply only to those Government contracts that are presently being processed and/or reviewed in accordance with E.O. 109-A and not to those which have been processed and/or reviewed in accordance with the latter. The conclusion of the processing and review by DOJ, through the issuance of DOJ Opinion No. 23, S. 2005, on the legality of pursuing a Negotiated Procurement for the Project as required under E.O. 109-A effectively reels it out of the ambit of Section 13, E.O. 423.

Thus, the opinion issued by DOJ, having been exercised on the strength of and under authority given by a valid law, is in itself an issuance that should be given weight and authority the wisdom of which the GPPB cannot pass upon, much more, confirm.