Requesting Entity: Department of Health (DOH) - Regional Field Office VI
Issues Concern: Applicable Procurement Procedure Pending Approval of the IRR of R.A. 9184
Whether or not the Implementing Rules and Regulations (IRR) of Executive Order No. 40, Series of 2001 (E.O. 40), may still be used until such time that the IRR of Republic Act No. 9184 (R.A. 9184) is approved
Applicable Law Pending Finalization of the IRR of R.A. 9184 :
It must be noted that although R.A. 9184 is already effective, the said law cannot be fully implemented unless and until its IRR has been approved by the President and published for dissemination.
Accordingly, in order to prevent delay, inconvenience or hiatus in its procurement activities, we further believe that your office need not wait for the issuance of the IRR of R.A. 9184 and may proceed with the conduct of its procurement, applying the procurement rules and procedures embodied in E.O. 40 and its IRR. It is in this connection that we inform your office that during the 3rd Meeting of the GPPB on May 26, 2003, the members unanimously agreed that Government agencies are justified in applying E.O. 40 in the absence of the IRR of R.A. 9184 that in cases where invitations for bids were issued after the effectivity of R.A. 9184 but before the effectivity of its IRR, procuring entities may continue adopting the procurement procedures, rules and regulations provided in E.O. 40 and its IRR, or other applicable laws.