2003-03-07

NPM 002-2003

Requesting Entity: Bangko Sentral ng Pilipinas

Issues Concern: Status of Pending Projects and the PBAC in Light of R.A. 9184

 

Details

Since the new law expressly repealed P.D. 1594, what happens to the projects in the pipeline, can the procurement proceeding pending the issuance of the new IRR?

Although there are self-executing provisions in the GPRA, the same cannot be fully implemented unless and until the IRR therefor has been finally approved by the President and published in accordance with the GPRA. Pending such approval, it is our opinion that BSP may still utilize the procedures embodied in E.O. 40 and its IRR in the conduct of its ongoing procurement projects, provided that they do not directly conflict with the clear and expressed provisions of the GPRA.

Is the PBAC or other bidding committees ipso facto abolished in view of the repeal of P.D. 1594 and E.O. 40 and other previous laws/regulations?

Even prior to the effectivity of the GPRA, the existence of the PBAC has already been rendered obsolete by virtue of the pertinent provisions of E.O. 40 and its IRR. Section 7 of E.O. 40 clearly provides that “[E]ach agency shall establish a single Bids and Awards Committee (“BAC”) for its procurement.” Considering that the IRR of the GPRA has not yet been approved, until such approval, it is our opinion that the existing BACs of agencies should be maintained, particularly with respect to its membership, duties and functions.