Requesting Entity: DBP Leasing Corporation (DLC)
Issues Concern: Exemption from Disqualification as Servicing Agency under Negotiated Procurement (Agency-to-Agency)
Whether DLC is exempted from the rule disqualifying non-chartered Government Owned and/or Controlled Corporations (GOCCs) from being engaged as Servicing Agency through Negotiated Procurement (Agency-to-Agency) under Section 53.5 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184.
By virtue of GPPB Resolution No. 12-2013 dated 10 May 2013, which removed the disqualification of non-chartered GOCCs from being engaged as Servicing Agency for projects procured through Negotiated Procurement (Agency-to-Agency), non-chartered GOCCs, such as DLC, may be engaged as Servicing Agency by procuring entities in contracts procured using Negotiated Procurement (Agency-to-Agency) under Section 53.5 of the IRR of RA 9184 starting 13 November 2013, subject to the requirements provided in the Guidelines.
However, it is beyond the authority of the Government Procurement Policy Board (GPPB) to grant exemptions from the application of RA 9184, its IRR, and associated issuances, as it does not have the mandate to legislate nor limit the coverage of the law; therefore, the GPPB cannot grant the request for exemption of DLC.