2012-09-13

NPM 115-2012

Requesting Entity: Credit Information Corporation (CIC)

Issues Concern: Scope and Application of Republic Act (RA) No. 9184 and its Revised Implementing Rules and Regulations (IRR)

 

Details

Whether there is a need for CIC to undergo the process of competitive bidding in procuring the services of IFC, or, in view of the Grant offered by the latter, CIC may be exempted from the provisions of RA 9184 and its IRR.

[T]he declared policy of the Government of the Philippines (GOP) that procurement of infrastructure projects, goods and consulting services shall be competitive and transparent, and therefore shall go through public bidding, except as otherwise provided under RA 9184 and its revised IRR.

It is our considered view that: (1) where the international agreement expressly provides for the use of IFI procurement procedures and guidelines to specific items stated in the agreement, their rules shall apply to such specific items being procured pursuant with Section 4 of the revised IRR of RA 9184; (2) there could also be a situation where, pursuant to the Loan or Grant Agreement, a hybrid condition exists, where, for projects funded by the IFI, the latter’s procurement rules and guidelines shall apply; and for those funded through GOP funds, GOP procurement law and associated rules shall be utilized; and, (3) if there are no specifications as to which items the Grant would apply, domestic procurement rules and guidelines shall apply. This is in consonance with the rule that RA 9184 shall be observed in the procurement of infrastructure projects, goods, and consulting services, regardless of the source of funds, whether local or foreign, by all branches and instrumentalities of government , its department, offices, and agencies, including government-owned and/or controlled corporations and local government units.