Requesting Entity: Philippine Amusement and Gaming Corporation
Issues Concern: Exemption from Public Bidding
Exemption from the public bidding process as mandated under Republic Act (RA) 9184 and its Implementing Rules and Regulations (IRR).
At the outset, the Government Procurement Policy Board (GPPB) cannot grant exemption to the bidding requirement in line with its mandate to provide policy direction in the field of public procurement as it cannot exercise functions beyond the scope of its authority. This office has been consistent with its position that the GPPB cannot waive any of the provisions of RA 9184 and its IRR or allow any exemption from the application of procurement laws, rules and regulations in favor of procuring entities, suppliers, manufacturers, consultants and contractors.
We wish to inform you that, as a general rule, Section 10 of RA 9184 and its IRR require the Procuring Entity to observe the general mode of procurement, which is competitive bidding. As discussed in a previous opinion, a cursory perusal of the definition of Goods under Section (r) of the IRR shows that the hiring of nightly entertainers/performers would fall under the phrase "non-personal or contractual services", which covers "related or analogous services".
Based on the foregoing, the engagement of nightly performers and celebrity artists must be through public bidding since such services fall under the definition of "Goods" of RA 9184 and its IRR, unless PAGCOR identifies the existence of conditions warranting the application of any of the alternative methods of procurement such as small value procurement under Section 53.9 of the IRR.