Hiring of private lawyer as technical or legal consultant by procuring entity(government agency/office)

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Hiring of private lawyer as technical or legal consultant by procuring entity(government agency/office)

Post by boynextdoor on Mon Aug 10, 2009 1:11 pm

Is it legal and proper for a procuring entity to hire a private lawyer who shall act as technical or legal consultant to the entity in the conduct of procurement under RA 9184? please cite some legal bases..thanx
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Re: Hiring of private lawyer as technical or legal consultant by procuring entity(government agency/office)

Post by engrjhez® on Tue Aug 11, 2009 7:18 pm

boynextdoor wrote:Is it legal and proper for a procuring entity to hire a private lawyer who shall act as technical or legal consultant to the entity in the conduct of procurement under RA 9184? please cite some legal bases..thanx

Welcome to the forum "boynextdoor",

This was already discussed together with our "in-house" forum lawyer. Please refer to this link. Very Happy
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Re: Hiring of private lawyer as technical or legal consultant by procuring entity(government agency/office)

Post by sunriser431 on Wed Aug 19, 2009 10:23 am

boynextdoor wrote:Is it legal and proper for a procuring entity to hire a private lawyer who shall act as technical or legal consultant to the entity in the conduct of procurement under RA 9184? please cite some legal bases..thanx
excerpt from GAAM. Which is self explanatory
Section 212. Inhibition against employment of Private lawyers to handle legal cases of the government
Payment out of Public funds of retainer fees of Private lawyers practioners who are so hired or employed without the prior written conformity and acquiescence by the Solicitor general or the Government Corporate Counsel, as the case may be, as well as the written concurrence of the Commission on Audit, shall be disallowed in audit and the same shall be a personal liability of the officials concerned.

COA decision. clink this link http://www.coa.gov.ph/COA_Dec/D2000-082.asp
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Re: Hiring of private lawyer as technical or legal consultant by procuring entity(government agency/office)

Post by RDV @ GP3i on Thu Aug 20, 2009 5:31 pm

boynextdoor wrote:Is it legal and proper for a procuring entity to hire a private lawyer who shall act as technical or legal consultant to the entity in the conduct of procurement under RA 9184? please cite some legal bases..thanx

In the revised IRR, a new situation in which Negotiated Procurement may be undertaken is when the procuring entity hires a "procurement agent", to wit:

"53.6. Procurement Agent. In order to hasten project implementation, Procuring Entities which may not have the proficiency or capability to undertake a particular procurement, as determined by the Head of the Procuring Entity concerned, may request other GOP agencies to undertake such procurement for them, or at their option, recruit and hire consultants or procurement agents to assist them directly and/or train their staff in the management of the procurement function. The GPPB shall issue guidelines to implement this provision."

Reading from the above-quoted provision, a procuring entity has the option to recruit or hire consultants or procurement agents to assist them directly in the procurement function and/or train their staff in the management of the procurement function. Consultants or procurement agents could be individuals.

Relative, therefore, to your question on whether it is legal and proper for a procuring entity to hire a private lawyer who shall act as technical or legal consultant to the entity in the conduct of procurement under RA 9184 and to cite some legal bases, I would say the new provision in the revised IRR could be your legal basis.

You should keep in mind, however, that the TOR of the consultant or procurement agent is to assist the procuring entity in the procurement function (if it does no have the proficiency or capability to undertake a particular procurement) and/or train the procuring entity's staff in the management of the procurement function, and not as lawyer for the procuring entity on procurement cases.

Since the particular section also provides that the GPPB will issue the implementing guidelines, it would be best to just wait for such guidelines to be issued.
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