NPM 043-2009

Requesting Entity: Anti-Money Laundering Council - BSP Complex

Issues Concern: Shopping for Software Maintenance Subscription



Whether or not shopping may be resorted to for the annual subscription for software maintenance of SUSE Linux Enterprise Server (SUSE) and other similar Products.

[P]er GPPB Resolution No. 012-2006, "ordinary or regular office supplies" shall be understood to include those supplies, commodities or materials which, depending on the procuring entity's mandate and nature of operations, are necessary in the transaction of its official businesses; and consumed in the day-to-day operations of said procuring entity. However, office supplies shall not include services such as repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services.

Thus, we are of the opinion that should you BAC make a determination that all the conditions prescribed [in Sec. 52(b)] are present, then your agency may validly resort to Shopping 52(b) of IRR-A for the procurement of the services of SUSE.