NPM No. 074-2016
Requesting Entity: Environmental Management Bureau Department of Environment and Natural Resources (EMB-DENR)
Issues Concern: Disposal of Property and Other Assets of the Government
Whether the posting for auction for the disposal of confiscated cyanide by the EMB-DENR is allowed in the Philippine Government Electronic Procurement System (PhilGEPS) website
The disposal of government property and assets is governed by other rules such as the Commission on Audit Circular No. 86-264, dated 16 October 1986, and Department of Budget and Management (DBM) National Budget Circular No. 425, dated 28 January 1992. [U]nder Section 4.5(f) of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184, it was clarified that the disposal of property and other assets of the government is not a procurement activity under the rules. Accordingly, the posting of the opportunity to participate in the auction for the disposal of the confiscated cyanide in PhilGEPS is not a requirement under the procurement law and its associated rules. On the other hand, there is no harm to inquire from PhilGEPS if such posting can be performed for purposes of transparency.