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Coverage of the IRR

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Coverage of the IRR

Post by RDV @ GP3i on Sun Mar 01, 2009 7:06 pm

The following is the provision of Sec. 1.2 on the coverage of the draft IRR:

"1.2. This IRR shall cover the following procurement activities:

a) all fully domestically-funded procurement activities for goods, infrastructure projects and consulting services;

b) all foreign-funded procurement activities, including foreign-assisted projects funded, wholly or partly, with Official Development Assistance (ODA) loan covered by Republic Act No. 8182 (R.A. 8182), entitled the “Official Development Assistance Act of 1996,” as amended, for goods and infrastructure projects to be procured through National Competitive Bidding, subject to Section 4 of this IRR; or

c) as may be agreed upon by the Government of the Philippines and the foreign creditor or grantor or international financing institution:

i) the procurement activities for goods, infrastructure projects and consulting services funded from foreign grants covered by R.A. 8182; or

ii) the procurement activities, including foreign-assisted projects funded, wholly or partly, with ODA loan, for goods, infrastructure projects, and consulting services to be procured through International Competitive Bidding.
"

My comments:

Item c) of Sec. 1.2 of the draft IRR may be interpreted to mean that the provision on Section 4 of RA 9184, on the observance of any treaty or international or executive agreement, is being expanded to include any other agreement (with the phrease: "that may be agreed upon"), particularly those to be procured thru International Competitive Bidding. Otherwise, Item c) should be included under Item b) on all foreign-funded procurement activities, subject to Section 4 of the IRR.

The inclusion of Item c) may be related to the expanded definition of "international agreement" in the draft IRR, as follows:

"t) International agreement. Refers to a contract or understanding, regardless of nomenclature, entered into between the Government of the Philippines and another government or international financing institution in written form and governed by international law, whether embodied in a single instrument or in two (2) or more related instruments."

I have commented in my earlier post (on the Definition of Terms) that the phrase "or international financing institution" was added to the original the definition lifted out of the Supreme Court definition in its ruling on Abaya vs. Ebdane.

Not being a lawyer, I said in my post that if it is allowed in international law, then it may be okey. On the other hand, if it is not, it may be stretching the provision of Sec. 4 of R.A. 9184 beyond its limit.

Again, just my take.
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RDV @ GP3i
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