The New Government Procurement Act (NGPA) or Republic Act No. 12009 allows for the engagement of procurement agents to assist in complex projects, ensuring access to expertise and resources that enhance procurement effectiveness. This was first introduced under GPPB Resolution No. 07-2022 dated 07 October 2022 and was adopted under the NGPA as one of its strategic procurement planning.
Section 15 of the NGPA states that the HoPE may authorize the engagement of a government procurement agent, which shall undertake the functions of the BAC, if the Procuring Entity does not have the capability or proficiency to undertake a particular procurement, provided, that the Procuring Entity cannot delegate the issuance of the notice of award and the award of contract to the procurement agent and there shall be no transfer of funds to the procurement agent, except for the payment of service fee, if applicable.
Procuring Entities with existing MOAs with a procurement agent which have not yet been implemented upon the effectivity of this Act are encouraged to revisit the same and amend as may be necessary to conform with this provision.
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