NPM 026-2010

Requesting Entity: Barangay, Pasig City

Issues Concern: Procurement Agent



Guidance on the available recourse to conduct procurement activities when a valid Bids and Awards Committee (BAC) cannot be constituted yet.

As provided in Section 53.6 of the Implementing Rules and Regulations (IRR) of the Republic Act (RA) 9184, procuring entities which may not have the proficiency or capability to undertake a particular procurement, as determined by the Head of the Procuring Entity concerned, may (i) request other government agencies to undertake such procurement for them; or (ii) engage procurement agents to assist them directly and/or train their staff in the management of procurement function.
Considering that your barangay cannot constitute a valid BAC due to lack of personnel, we are of the view that you may request other government agencies, such as the City of Pasig or other barangays within the City of Pasig, to procure in your behalf. However, in the selection of said agency or procurement agent, please take into account its track record in, and expertise to undertake, procurement under RA 9184 and its IRR.