Requesting Entity: Department of Agrarian Reform
Issues Concern: Partnership with Private Entities
Whether a partnership with interested private entities for the provision of an integrated package of support services for agrarian reform beneficiaries (ARBs) is covered by existing guidelines for the procurement of goods and services under Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations.
RA 9184 and its IRR will only apply when the subject matter of the transaction involves Procurement, and not when the transaction involves the contribution of money/capital, services, or assets by the parties to the transaction. This latter kind of transaction or arrangement is considered a Joint Venture (JV) agreement under Section 5.7 of the Guidelines and Procedures for Entering Into Joint Venture Agreements Between Government and Private Entities (JV Guidelines)
In this regard, we are of the view that the partnership with the interested private entities for the provision of an integrated package of support services for ARBs is not within the ambit and coverage of RA 9184 and its IRR.