Amending Section 53 (e) of IRR-A of R.A. No. 9184 to Include Infrastructure Projects and Consulting Services

March 30, 2007

GPPB RESOLUTION NO. 03-07

AMENDING SECTION 53 (e) OF IRR-A OF R.A. NO. 9184 TO INCLUDE INFRASTRUCTURE PROJECTS AND CONSULTING SERVICES

WHEREAS, Section 63.1 of the IRR-A of R.A. 9184 authorizes the Government Procurement Policy Board (GPPB) to formulate public procurement policies, rules and regulations, and amend, whenever necessary, the IRR-A; SIcEHC

WHEREAS, Section 53 of Republic Act No. 9184 (R.A. 9184)on Negotiated Procurement covers the procurement of goods, infrastructure projects and consulting activities;

WHEREAS, Section 53 (e) of the Implementing Rules and Regulations of R.A. 9184 limits agency-to-agency agreements, one of the instances under Negotiated Procurement, to purchases of goods;

WHEREAS, there is a need to reconcile Section 53 with Section 53 (e) of the IRR-A of R.A. 9184;

NOW THEREFORE, for and in consideration of the foregoing, WE, the Members of the Government Procurement Policy Board, by virtue of the powers vested on Us by law, hereby RESOLVE to amend as, WE hereby amend, Section 53 (e) of IRR-A of R.A. 9184, as follows:

e) Procurement of Infrastructure, consulting services, and goods from another agency of the Government, such as the PS-DBM, which is tasked with a centralized procurement of commonly used Goods for the government in accordance with Letters of Instruction No. 755 and Executive Order No. 359, series of 1989. For purposes of this paragraph, the term agency shall exclude GOCCs incorporated under Batas Pambansa Blg. 168, otherwise known as the Corporation Code of the Philippines.

In order to hasten project implementation, agencies which may not have the proficiency or capability to undertake a particular procurement, as determined by the head of the procuring entity concerned, may request other agencies to undertake such procurement for them, or at their option, recruit and hire consultants or procurements agents to assist them directly and/or train their staff in the management of the procurement function; CcAIDa

The GPPB shall issue guidelines to implement this provision.

This resolution shall take effect immediately.

APPROVED this 30th day of March, 2007, at Pasig City, Philippines.

Published in the Official Gazette, Vol. 103, No. 28, p. 4388, July 9, 2007.