NPM No. 038-2017
Requesting Entity: Development Academy of the Philippines (DAP)
Issues Concern: DAP Trainings
Whether the trainings conducted by the Development Academy of the Philippines (DAP) are procurement activities under Republic Act (RA) No. 9184, the Government Procurement Reform Act, and its 2016 revised Implementing Rules and Regulations (IRR).
Section 4.5(b) of the 2016 IRR applies to those activities organized by entities, whether private or public, other than the procuring entity itself, and such activities entail the participation of the officials and employees of the procuring entity as part of the latter’s career and personnel development plan in accordance with Section 25 of RA 2260, as amended, and Sections 30 and 31 of Book V Title I Subtitle A Chapter 1 of Executive Order (EO) No. 292 or the Administrative Code of 1987. Moreover, Section 4.5(b) of the 2016 IRR contemplates the payment of tuition fees or training fees relative to such local and foreign trainings, continuing education, conferences, seminars or similar activities the official or employee will be participating in under the career and personnel development plan of the procuring entity or agency subject to the applicable COA, CSC and DBM rules and regulations.
On the other hand, when a procuring entity intends to conduct in-house training activities as part of its mandate and functions, the implementation of such program or activity, including the different components thereof, such as, but not limited to, training service provider or consultant, lease of venue, production of training materials, and transportation expenses, are covered by RA 9184 and its IRR.