Requesting Entity: Department of Agriculture (DA)
Issues Concern: Application of the Guidelines on Non-Government Organization (NGO) Participation
Whether the DA needs to apply the Guidelines on Non-Governmental Organization Participation in Public Procurement (Guidelines) in the selection of NGOs to undertake Priority Development Assistance Fund (PDAF) Projects endorsed to DA.
The DA is required to apply the provisions of the Guidelines in the selection of NGOs to undertake PDAF endorsed by legislators if it is considered the procuring entity for the project that is funded through an earmarked amount that will be specifically contracted out to NGOs provided in an appropriation law or ordinance. Consequently, if it is not the procuring entity, and is merely a beneficiary or recipient of the contract that is funded by PDAF, it is not the DA that is required to apply the provisions of the Guidelines.