NPM 060-2009

Requesting Entity: City of Bago, Negros Occidental

Issues Concern: Applicability of R.A. 9184



Whether the following procurement transactions are covered by the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (RA 9184), to wit:
1. Video/photography documentation;
2. Entertainers/performers for special occasions; and
3. Television Coverage (with only one TV station operating province-wide).

The definition of Goods in [Sec. 5 (r) of the revised IRR of R.A. 9184] leads us to opine that the procurement of video/photography documentation, entertainers/performers for special occasions, and television coverages, would fall under the phrase "non-personal or contractual services" which covers "related or analogous services." Thus, the acquisition of said services, being in the nature of goods procurement, is covered by RA 9184 and its IRR.

x x x

Thus, in relation to your query, whether a contract of service would suffice for the procurement of the subject services abovementioned, it is opined that as a general rule, public bidding under RA 9184 should still be utilized, unless, in the determination by the Bids and Awards Committee (BAC), and as approved by the head of the procuring entity (HOPE), resort to any of the alternative modes, like shopping or small value procurement, is justified, and, necessary to promote efficiency and economy.