2004-06-11

NPM 082-2004

Requesting Entity: National Water Resources Board

Issues Concern: Applicability of Republic Act 9184 to Foreign Funded Projects

 

Details

Whether or not the NWRB complied with the procurement guidelines of the World Bank (WB) regarding the bidding of the Fourteen (14) units of Water Quality Checker for the National Water Data Collection Network of the Water Resources Development Project (the Project).

Based on the above-cited provision (Sec. 1, IRR-A), it can be clearly and logically inferred that the IRR-A of R.A. 9184 does not apply to projects funded by International Financing Institutions (IFI). This being the case, the procurement activity for the Project, which is funded by the WB, as mentioned in your letter, is governed by the procurement guidelines, rules and regulations of such IFI.

Due to the foregoing elucidations, and by virtue of the limited powers of the GPPB under R.A. 9184 and its IRR-A, it is respectfully conveyed that the GPPB is not in a legal position to determine whether a particular government agency has complied with or violated the procurement rules and regulations of the IFI funding a specific project. Additionally, assuming that the GPPB confirms compliance or non-compliance by the procuring entity, at the end of the day, the IFI concerned still, has the final authority to determine whether its procurement guidelines have been complied with or not.