Requesting Entity: Subic Bay Metropolitan Authority
Issues Concern: Authority to Purchase a Point of Sale Facility
[T]he approval of the GPPB on the use of a particular alternative method of procurement is not required under R.A. 9184, except those contracts falling under E.O. 423 dated 30 April 2005. E.O. 423 provides that where the head of the procuring entity has made a determination that a government contract involving an amount of at least P500 Million falls under any of the exceptions from public bidding, the head of the procuring entity before proceeding with the alternative methods of procurement provided by law and applicable rules and regulations, obtain the approval of the GPPB that said procurement falls within the exceptions from public bidding.
Considering the procurement at hand involves an amount below P500 Million, the GPPB has no authority to grant permission and approval for the immediate purchase of the POS facility. The head of the procuring entity shall have the full authority and accountability to give final approval and to enter into government contracts involving an amount below Five Hundred Million Pesos (Php500,000,000.00) Million through any of the alternative methods of procurement allowed by law (Section 4 [b], E. O. 423).