NPM 038-2013

Requesting Entity: Department of Budget and Management (DBM)

Issues Concern: Procurement Agent (PA)



Whether the Light Rail Transit Authority (LRTA) may request the Department of Transportation and Communications (DOTC) to be its Procurement Agent.

[R]esort to Section 53.6 of the IRR is couched upon the condition that there is a general determination of lack of proficiency or capability by the procuring entity to undertake a particular procurement. It does not qualify or limit the lack of proficiency or capability to specific circumstances. Thus, it is our view that LRTA may request DOTC to be its PA, provided that the LRTA has determined that it lacks the proficiency or capability to undertake the LRTA Rehabilitation Projects, which need not be based solely on LRTA's failure to constitute its BAC. It must be emphasized, however, that in the conduct of the actual procurement, the PA should strictly apply the rules and procedures embodied in RA 9184 and its IRR.