Resolution No. 04-2007: Hereas

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RESOLUTION NO.

04-2007
_______________________________________________________________________________________________________

AMENDING SECTION 53 OF THE IMPLEMENTING RULES AND


REGULATIONS PART A OF REPUBLIC ACT 9184 TO INCLUDE
LEASE OF PRIVATELY OWNED REAL ESTATE FOR OFFICIAL USE

WHEREAS, Republic Act No. 9184 (R.A. 9184) and its Implementing Rules and
Regulations Part A (IRR-A) took effect on January 26, 2003 and October 8, 2003
respectively;

WHEREAS, the Government Procurement Policy Board (GPPB) under Section


63 of the IRR-A of R.A. 9184 is mandated to formulate and amend public procurement
policies, rules and regulations, and amend whenever necessary, the IRR-A of R.A.
9184;

WHEREAS, under R.A. 9184 and its IRR-A, all procurement of goods, including
lease of office space, shall be done through competitive bidding except only under
highly exceptional cases where the procuring entity may resort to alternative modes of
procurement;

WHEREAS, reports from other agencies indicate that the conduct of public
bidding for lease of office space does not result to the most advantageous terms for the
government;

WHEREAS, there is need to provide an alternative mode of procurement for


lease of office space to grant procuring entities the necessary flexibility to consider
factors such as location and building structure while at the same time providing control
measures to ensure reasonableness of rental rates;

WHEREAS, the GPPB, in its 4th regular meeting held on 4 May 2007, duly
considered and agreed to include lease of privately owned real estate for official use as
one of the instances when an agency can resort to negotiated procurement, subject to
guidelines to be approved by the GPPB;

NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members
of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested
in US by law, hereby RESOLVE to amend Section 53 of IRR-A to include lease of
privately owned real estate for official use as one of the instances when the procuring
entity may enter into Negotiated Procurement, as follows:

Section 53. Negotiated Procurement

Negotiated Procurement is a method of procurement of goods,


infrastructure projects, and consulting services, whereby the procuring
entity directly negotiates a contract with a technically, legally and
financially capable supplier, contractor or consultant only in the
following cases:

GPPB Resolution No.04-2007, dated 04 May 2007 page 1 of 3


RESOLUTION NO. 04-2007
_______________________________________________________________________________________________________

x x x

(i) Lease of privately owned real estate for official use,


subject to guidelines to be issued by the GPPB.

This resolution shall take effect fifteen (15) days from its publication in the
Official Gazette or a newspaper of general circulation.

APPROVED this 4th day of May, 2007 at Pasig City, Philippines

(Sgd.)
_____________________________________ (Sgd.)
_____________________________________
ROLANDO G. ANDAYA, JR. ROMULO L. NERI
Secretary Secretary
Department of Budget and Management National Economic and Development
Authority

_____________________________________ (Sgd.)
_____________________________________
NATIONAL ECONOMIC AND DEPARTMENT OF NATIONAL
DEVELOPMENT AUTHORITY DEFENSE

(Sgd.)
_____________________________________ (Sgd.)
_____________________________________
DEPARTMENT OF EDUCATION DEPARTMENT OF HEALTH

_____________________________________ _____________________________________
DEPARTMENT OF THE INTERIOR DEPARTMENT OF ENERGY
AND LOCAL GOVERNMENT

_____________________________________ _____________________________________
DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF FINANCE
AND HIGHWAYS

(Sgd.)
_____________________________________ _____________________________________
DEPARTMENT OF TRADE AND DEPARTMENT OF SCIENCE AND
INDUSTRY TECHNOLOGY

GPPB Resolution No.04-2007, dated 04 May 2007 page 2 of 3


RESOLUTION NO. 04-2007
_______________________________________________________________________________________________________

(Sgd.)
_____________________________________ _____________________________________
DEPARTMENT OF TRANSPORTATION PRIVATE SECTOR REPRESENTATIVE
AND COMMUNICATIONS

Attested by:
(Sgd.)
_________________________________
RUBY. U. ALVAREZ
Board Secretary, GPPB
Executive Director, GPPB-TSO

GPPB Resolution No.04-2007, dated 04 May 2007 page 3 of 3

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