Requesting Entity: Municipality of Anilao, Iloilo
Issues Concern: Procurement of Second-Hand or Reconditioned Dump Trucks
Request 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 two (2) second-hand or reconditioned dump trucks.
[P]rocurement of second-hand 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 for reasons we have stated in our Non Policy Opinion No. 138-2004 dated 26 October 2004.
Consequently, procurement of second-hand vehicle, although allowed under R.A. 9184, must follow the procedure prescribed in Republic Act No. (R.A.) 9184, i.e., conduct of competitive public bidding, unless circumstances warrant resort to any of the alternative modes of procurement.