Sa pagpapatuloy ating diskusyon, silipin naman natin ang hindi saklaw ng Government Procurement Reform Act:
Section 4.4 This IRR shall not apply to the following activities:
a) Procurement for goods, infrastructure projects, and consulting services funded from Foreign Grants covered by R.A. 8182, as amended by R.A. 8555, entitled “An Act Excluding Official Development Assistance (ODA) from the Foreign Debt Limit in order to Facilitate the Absorption and Optimize the Utilization of ODA Resources, Amending for the Purpose Paragraph 1, Section 2 of Republic Act No. 4860, As Amended”, unless the GOP and the foreign grantor/foreign or international financing institution agree otherwise;
b) Acquisition of real property which shall be governed by R.A. 8974, entitled “An Act to Facilitate the Acquisition of Right-of-Way Site or Location for National Government Infrastructure Projects and for Other Purposes,” and other applicable laws; and
c) Public-Private sector infrastructure or development projects and other procurement covered by R.A. 6957, as amended by R.A. 7718, entitled “An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes,” as amended: Provided, however, That for the portions financed by the GOP, regardless of source of funds, whether local or foreign, the provisions of this IRR shall apply.
Second Hand Equipment
Upang higit nating malinawan ang batas, tingnan natin halimbawa kung kabilang ba sa RA.9184 ang pagbili ng second hand o segunda manong mga kagamitan. Ayon sa Non-Policy Memorandum (NPM) No.034-2007 na inilabas ng Government Procurement Policy Board (GPPB) noong August 6, 2007.
Q: Whether the Western Visayas State University is allowed to procure a reconditioned offset machine for its printing and publication needs.
A: The procurement of second hand equipment is not expressly prohibited by R.A. 9184 and its IRR-A. Therefore, WVSU is authorized to procure a reconditioned offset machine, without need of securing permission from the GPPB.
However, procurement of second hand equipment, although permissible, must be procured through public bidding, unless circumstances warrant the resort to any of the alternative modes of procurement.
Further, it must be noted that the procurement of the foregoing equipment must be covered by an adequate warranty to assure the procuring the entity that defects shall be corrected by the supplier or distributor within one (1) year after the performance of the contract, as provided in Section 62.1 of the IRR-A (GPPB NPM 007-2005 dated 24 January 2005).