NPM 012-2007

Requesting Entity: Department of Finance - Privatization and Management Office

Issues Concern: Procurement of Promotional Airtime



1. Whether the procurement of promotional airtime on television programs falls under the procurement of goods as defined under Section 5 (k) of the IRR-A of R.A. 9184.

"Media advertisement", in popular parlance, means to make publicly and generally known, or to call public attention by emphasizing the desirable qualities of a particular subject matter so as to arouse a desire to acquire or patronize the same using television, radio or print as medium. (Random House Webster's Unabridged Dictionary)

Keeping this in mind, the acquisition of "promotional airtime" on television programs for the purpose of discussing concerns on the assets to be disposed by the Privatization and Management Office is precisely to raise the awareness of the general public. In other words, the term "promotional airtime" is akin to or is a species of "media advertisement". This being the case, the same squarely falls within the definition of "goods" under Section 5 (k) of IRR-A.

2. Whether the procurement of promotional airtime is subject to competitive bidding or may be procured under the alternative methods of procurement under R.A. 9184 and its IRR-A.

[U]nder GPPB Resolution 03-2007, x x x Section 53 (e) of IRR-A has been amended to expand the concept of agency-to-agency agreements, x x x.

This signifies that for the procurement of media advertisements, your office may contract with qualified government media networks through Negotiated Procurement, provided that the same has been created through a separate charter.