2004-01-09

NPM 008-2004

Requesting Entity: Office of the Deputy Secretary for Administrative and Financial Services

Issues Concern: Applicable Procurement Rules and Procedure Pending Approval of the IRR of R.A. 9184

 

Details

1. Whether or not the BAC can proceed with the awarding of requests that were received prior to the effectivity of the IRR of R.A. 9184.

Based on the abovementioned provision (Section 77, IRR-A), the first issue may be resolved in the affirmative. The BAC of your agency may proceed with the awarding of the contract to the winning bidder in accordance with E.O. 40 and its IRR, provided that the advertisements or invitations for bids were issued after the effectivity of the Act but before the issuance of the IRR-A of R.A. 9184.


2. Whether or not the BAC can proceed with the opening and awarding of bids even with only one bidder after the required postings and advertisement have been complied with.

With regard to the second issue, the answer is still in the affirmative. The BAC may still proceed with the bid opening and awarding even if only one bidder submitted his bid pursuant to Section 36(a) of the IRR-A of R.A. 9184.


3. Whether or not the BAC can open and subsequently award bids for branded items that have been specifically requested by the respective end-user/s and whose justification/s duly approved before the implementation of the IRR of R.A. 9184.

Under R.A. 9184, reference to brand names is expressly prohibited which was provided in Section 18 thereof:

Section 18. Reference to Brand Names. Specifications for the procurement of goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed. (Emphasis supplied)

In the case at hand, it was mentioned that the procurement referred to in the third question was undertaken after the effectivity of R.A. 9184 but prior to the issuance of its IRR. Thus, the applicable law is E.O. 40 and its IRR. In that respect, the bids for branded items specifically requested by the respective end-user/s may be opened and subsequently awarded thereto.