House Bill No. 105 (15th Congress)

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House Bill No. 105 (15th Congress)

Post by engrjhez® on Wed Oct 03, 2012 12:43 pm

FULL TITLE : AN ACT AMENDING SECTION 4 OF REPUBLIC ACT NO. 9184, OTHERWISE KNOWN AS THE 'GOVERNMENT PROCUREMENT REFORM ACT'

ABSTRACT : Removes any ambiguity in the interpretation of the scope and application of RA09184 by amending Section 4 thereof to make it very clear that it applies to all government procurement activities, regardless of source of funds, whether local or foreign, and that only treaties or international or executive agreements entered into by the government prior to its enactment shall be exempt from its coverage.

BY CONGRESSMAN ABAYA, JOSEPH EMILIO AGUINALDO
DATE FILED ON 2010-07-01

CO-AUTHORS:
APACIBLE, TOMAS VILLADOLID
ALCALA, IRVIN MAAŃO
HERRERA-DY, BERNADETTE RAMIREZ
LOYOLA, ROY MAULANIN
ARAGO, MARIA EVITA RODA

REFERRAL ON 2010-07-27 TO THE COMMITTEE ON APPROPRIATIONS
SIGNIFICANCE: NATIONAL
SUBJECT:PUBLIC ADMINISTRATION

DATE READ: 2010-07-27
COMMITTEE ACTIONS:
1. Referred to Stakeholders on 2010-09-20 (APPROPRIATIONS)
-Referred to the Department of Budget and Management (DBM) for comments and/or position paper.
2. Scheduled for first meeting/hearing on 2010-12-01 (APPROPRIATIONS)
3. Under deliberation by the Mother Committee on 2010-12-01 (APPROPRIATIONS)
-Referred to a Technical Working Group (TWG)for further study and consolidation with other measures.

Source: http://www.congress.gov.ph/legis/search/hist_show.php?congress=15&save=1&journal=&switch=0&bill_no=HB00105
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Re: House Bill No. 105 (15th Congress)

Post by Abecedarian on Wed Oct 03, 2012 6:13 pm

What is the wisdom of Congressman Abaya and his supporters to exempt LGUs from the coverage of RA 9184?
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Re: House Bill No. 105 (15th Congress)

Post by engrjhez® on Wed Oct 03, 2012 6:19 pm

Abecedarian wrote:What is the wisdom of Congressman Abaya and his supporters to exempt LGUs from the coverage of RA 9184?

I think you are referring to the other post. Here, Rep. Abaya's bill is about ambiguity in the interpretation of the scope and application of RA 9184 by amending Section 4 thereof to make it very clear that it applies to all government procurement activities, regardless of source of funds, whether local or foreign, and that only treaties or international or executive agreements entered into by the government prior to its enactment shall be exempt from its coverage. Smile
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Re: House Bill No. 105 (15th Congress)

Post by Abecedarian on Thu Oct 04, 2012 9:11 am

I see. So, in Abaya's bill, the congressman proposes only the exemption from coverage of RA 9184 the projects funded by treaties or international or executive agreement entered into by the government prior to RA 9184?
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Re: House Bill No. 105 (15th Congress)

Post by engrjhez® on Thu Oct 04, 2012 9:24 am

Abecedarian wrote:I see. So, in Abaya's bill, the congressman proposes only the exemption from coverage of RA 9184 the projects funded by treaties or international or executive agreement entered into by the government prior to RA 9184?

If we will read Sec.4:

SEC. 4. Scope and Application. – This Act shall apply to the Procurement of
Infrastructure Projects, Goods, and Consulting Services, regardless of source of funds,
whether local or foreign, by all branches and instrumentalities of government, its
departments, offices and agencies, including government-owned and/or -controlled
corporations and local government units, subject to the provisions of Commonwealth Act No.
138. Any treaty or international or executive agreement affecting the subject matter of this
Act to which the Philippine government is a signatory shall be observed.
(underscoring supplied)
In the underlined, it appears that any treaty or international or executive agreement is still partly covered and partly not. So there is really a need to clarify or to set it out straight. Smile
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