2004-03-22

NPM 033-2005

Requesting Entity: National Irrigation Authority

Issues Concern: Clarification on the Proposed Supplemental Agreement No. 1 to Contract No. BBMPD-C-3, Construction of North Main Canal and its appurtenant structures, Balog-balog Multipurpose Project under Contact with A.M. Oreta & Co., Inc.

 

Details

Whether National Irrigation Administration ("NIA") could issue the Proposed Supplemental Agreement No. 1 to Contract No. BBMPD-C-3, construction of North Main Canal and its appurtenant structures, Balog-balog Multipurpose Project, based on the applicable provisions of Implementing Rules and Regulations ("IRR") of Presidential Decree No. 1594 ("P.D. 1594).

Notwithstanding the passage of R.A. 9184 and its IRR-A prior procurement laws, rules and regulations still govern the procurement and implementation of certain government contracts, if the advertisement or invitation for bids were issued prior to the effectivity of the GPRA or its IRR-A.

On these premises, we are of the opinion that NIA may issue the proposed supplemental agreement (Supplemental Agreement No. 1 to Contract No. BBMPD-C-3) for the construction of Laterals A, B, and C as replacement works to the deleted portion of the North Main Canal under the guidelines of the IRR of P.D. 1594 as amended. Indubitably, the original contract for the construction of North Main Canal, Balog-balog Project took effect last November 18, 2000 and hence, it is apparent that the invitation for bids for the same was issued long before the effectivity of R.A. 9184 and its IRR-A.