Questions and Answers
Which of the following offices/instrumentalities of the Philippine government are covered by the Procurement Manual?
State Universities and Colleges (SUCs)
What types of procurement activities are covered by the provisions of R.A. 9184 and its 2016 IRR?
Procurement of goods, infrastructure projects, and consulting services
What is the difference between a treaty and an executive agreement in the context of government procurement transactions?
Treaties require the concurrence of the Senate while executive agreements do not
Study Notes
Coverage and Scope of the Procurement Manual for the Government of the Philippines
- The Procurement Manual is governed by Legal Reference 2016 IRR, Section 4.
- The Manual must be used for all procurement activities by the Government of the Philippines and all its branches and instrumentalities.
- The Manual covers the Legislative Branch, Judiciary, Office of the President, Executive Branch, Constitutional Commissions or Offices, department offices and bureaus in the autonomous regional government, GOCCs and GFIs, SUCs, LGUs, and all other instrumentalities/agencies/offices/units of the Government.
- The above-mentioned offices/instrumentalities of government are classified as NGAs, Autonomous Regional Government, GOCCs, GFIs, SUCs, and LGUs.
- The provisions of R.A. 9184 apply to the procurement of goods, infrastructure projects, and consulting services, regardless of source of funds, whether local or foreign.
- Procurements funded partly or fully by IFIs shall follow the procurement procedures and guidelines specified under the loan or grant, or technical assistance agreement.
- Any Treaty or International or Executive Agreement to which the GoP is a signatory, affecting government procurement transactions, shall be observed.
- Executive Agreements refer to international agreements, entered into by the President without the concurrence of the Senate, and embodying adjustments of detail carrying out well-established national policies and traditions.
- International agreements involving political issues or changes of national policy and those involving international arrangements of a permanent character usually take the form of treaties.
- Commercial agreements concerning loans, guarantees, or other credit accommodations are in the nature of an executive agreement because they embody arrangements of a more or less temporary nature.
- The Manual covers not only R.A. 9184 and its 2016 IRR but the harmonized procedures found in the PBDs as well.
- Unless otherwise indicated herein, the manuals shall apply to foreign-assisted projects as well.
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