NPM No. 021-2017
Requesting Entity: Commission on Audit – Procurement Service (COA-PS)
Issues Concern: Repeat Order
Whether or not Repeat Order will still be allowed even if it is not covered by contingency provided for in the Annual Procurement Plan (APP).
We note that the sentence“[T]he procurement should be covered by the contingency provided for in the APP” no longer appears in the 2016 revised Implementing Rules and Regulations (IRR) of RA 9184. Under Section 51 of the 2016 IRR, “Repeat Order, when provided for in the APP, may be resorted to whenever there is a need to replenish goods procured under a contract previously awarded through Competitive Bidding.” . . .
In this light, we wish to clarify that the coverage requirement in the APP is intended to ensure that the Repeat Order is sufficiently funded or is covered by an approved budget as reflected in the APP. If the Repeat Order was not originally included as part of the APP, the Repeat Order may still be allowed provided that the procuring entity make the necessary changes in the APP, including the provision of a budget necessary for the intended Repeat Order.
When do we consider the Repeat Order as having availed within the six-month reglementary period prescribed in Section 51 of RA 9184?
Repeat Order shall be considered as having been availed of within the six-month reglementary period prescribed in Section 51 of RA 9184 and its IRR when the actual Repeat Order has been made, i.e., previous winning supplier has been duly notified, that is, the re-order has been duly communicated to the previous winning bidder before the lapse of the six (6) month reglementary period.