NPM 151-2004

Requesting Entity: Department of Interior and Local Government-NCR

Issues Concern: Hospital Equipment assistance Project (HEAP) of the Department of the Interior and Local Government (DILG)



Whether or not in the process of implementing the downscaling of the HEAP another bidding process is required.
The downscaling of the project no longer requires another bidding process. The bidding process has long been consummated and the supply contract awarded way back April 4, 2003 where the winning bidder has been identified and the entire bidding procedure terminated by the award of the contract to said winning bidder. What is delayed or stalled by unfavorable supervening economic and fiscal conditions are the contractual negotiations and the subsequent implementation of the contract. As a result, the bidding procedure already accomplished remains undisturbed and untainted by the seemingly impedimental developments.

Generally, grants of foreign governments are beyond the domain of Republic Act No. 9184 and procurement matters are subject to the agreements of the parties to said grant Therefore, should the supplemental negotiations between the government of Spain and the representatives of the Philippine Government yield an understanding to accommodate or approve of the downscaling of the project without need of further bidding process, the same shall be observed in our jurisdiction. However, in the event that the parties fail to stipulate on said agreement, bidding process is still unnecessary