2008-06-20

NPM 007-2008

Requesting Entity: Supreme Court - Bids and Awards Committee for Consultancy Services

Issues Concern: Clarification on GPPB Resolution Nos. 03-2007 and 18-2007

 

Details

1. Whether or not GPPB has the authority to include consulting services and infrastructure projects within the coverage of Section 53 (e) of the IRR-A of RA 9184.

We definitely concur with your observation that Section 53 (e) of RA 9184 and IRR-A clearly state "purchase of goods". However, in view of the confusion raised by many other agencies, the GPPB saw the need to reconcile this provision with the 1st sentence of Section 53. One cardinal principle in statutory construction is that a statue must be construed and given effect as a whole and that apparently conflicting provisions should be reconciled and harmonized.

The decision to reconcile these two provisions by including consultancy and infrastructure projects within the coverage of Section 53 (e) was based on a careful study of the legislative intent and policy analysis of the issue. Rest assured, that in the exercise of its function to formulate and amend the implementing rules and regulations, the GPPB is deeply mindful of its concomitant duty to remain within the boundaries of the law. In this regard, we are fortunate that some members of the GPPB either authored or actively participated in the congressional deliberations during the passage of RA 9184.

2. Clarification on the provisions of GPPB Resolution 18-2007 or the Implementing Guidelines on Agency-to-Agency Agreements under Section 53 (e) of the IRR-A of RA 9184 ("Guidelines").

a. Reference to the 1st paragraph of Section 53 (e) of IRR-A under Item 2 of the Guidelines refers to the 1st paragraph of Section 53 (e), and not to Section 53 (a), as you opined. We believe this statement is clear as it is concise. All the instances under Section 53 do not require public bidding.

b. We confirm you interpretation that the 2nd paragraph of Section 53 (e) refers to the outsourcing of the procurement activity to another agency. This distinction is what differentiates the 1st from the 2nd paragraph of Section 53 (e): the 1st paragraph refers to the procurement of services from another government agency while the 2nd paragraph refers to the outsourcing of the procurement activity to another government agency.

c. [B]oth the third whereas clause of GPPB Resolution 18-2007 and paragraph 4 (c) of the Guidelines should refer to Section 53 (e). We apologize for any confusion these typographical errors may have caused.