The New Government Procurement Act (NGPA) or Republic Act No. 12009 adopted from the Government Procurement Reform Act (GPRA) or Republic Act No. 9184 a significant provision for Negotiated Procurement on Defense Cooperation Agreements and Inventory-Based Items. This allows the Secretary of National Defense to directly negotiate with foreign agencies or instrumentalities for major defense equipment or consultancy services, under specific conditions:
1. National Interest: The procurement is necessary to protect the country’s interests.
2. Expertise: The required expertise or capability is not available locally.
3. Modernization Program: The items are part of the Armed Forces of the Philippines Modernization Program approved by the President.
Additionally, for inventory-based items, direct negotiation is permitted to ensure compatibility, interoperability, and sustainability, provided the supplier has a proven track record with the Department of National Defense (DND) or related agencies and offers performance security.
𝗪𝗵𝗮𝘁’𝘀 𝗡𝗲𝘄?
The NGPA extends the applicability of this provision to the Philippine law enforcement agencies when the conditions are met. This includes the Philippine National Police (PNP), PNP Maritime Group (PNP-MG), PNP Aviation Security Group (PNP-AVSEGROUP), Philippine Drug Enforcement Agency (PDEA), Bureau of Immigration (BI), Office for Transportation Security (OTS), Bureau of Fire Protection (BFP), National Bureau of Investigation (NBI), Presidential Security Group (PSG), National Police Commission (NAPOLCOM), Bureau of Jail Management and Penology (BJMP), Bureau of Corrections (BuCor), and Philippine Coast Guard (PCG).
This wider applicability ensures that our defense and law enforcement agencies are better equipped and more capable of addressing national security challenges efficiently and effectively.
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