2008-07-24

NPM 012-2008

Requesting Entity: Occupational Safety and Health Center

Issues Concern: Canteen Concessionaire

 

Details

Whether or not RA 9184 and its IRR-A apply to contracts for canteen concessionaires.

[A] concessionaire usually pays a monthly rental fee to the owner of the real property or office space it is utilizing. As such, this type of transaction is often classified as a leasing out of government-owned building or real property for private use, which we believe is beyond the ambit of RA 9184 and its IRR-A.

Section 5 of RA 9184 and its IRR-A define procurement as teh acquisition of goods, consulting services, and the contracting for infrastructure projects. Leasing out of government-owned properties does not involve the acquisition of any particular equipment, material, or contractual service such as janitorial, security, and related services.