NPM 030-2006

Requesting Entity: Municipality of San Jose De Buenavista, Antique

Issues Concern: Procurement of Second-Hand or Reconditioned Equipment that will be Used for the Solid Waste Management Program



Requesting for exemption from the alleged prohibition tacitly provided under Republic Act No. 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A) on the procurement of second hand or reconditioned equipment that will be used for the municipality’s Solid Waste Management Program.

[P]rocurement of second-hand motor vehicles is not prohibited by R.A. 9184. It is the procurement of second-hand vehicle through an auction that is prohibited by R.A. 9184 and its IRR-A for reasons we have stated in our Non Policy Matter Opinion No. 138-2004 dated 26 October 2004.

Local Government Units are authorized to procure second-hand or reconditioned vehicles under National Budget Circular No. 446-A dated 30 January 1998 of the Department of Budget and Management, without need of securing a permission from the Government Procurement and Policy Board, subject to the specifications prescribed under Administrative Order No. 339 dated 6 June 1997 and other applicable rules and regulations.