Requested from GPPB by D. Agustin at 03:49 PM on
Jan 04, 2023.
Purpose: Included in the Corporation's Plans and Programs
Date of Coverage: 12/22/2022 - 12/22/2022
Tracking no: #GPPB-117706746982
Agustin 03:49 PM, Jan 04, 2023
COA Circular No. 2021-014 Sec. 5.1.2 states:
Intermediaries, x x x, engaged under a Collect-Aggregate-Remit x x x scheme shall be contracted in compliance with RA No. 9184 and its IRR x x x
John Hay Management Corporation (JHMC), a GOCC, would like to inquire if it can contract out an intermediary without undergoing the procurement process. It intends to avail of an intermediary’s services which shall be at NO COST on the part of JHMC. It will not use or disburse any funds since it will be the intermediary that will directly charge JHMC’s clients' fees for availing its services. Thank you.
Officer 01:27 PM, Jan 31, 2023
January 31, 2023
Dear Dianne Kaye,
Thank you for your request dated Jan 04, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Applicability of COA Circular No. 2021-014 dated 22 December 2021 in Contracting an Intermediary.
We received your request on Jan 04, 2023 and we supposed to respond on or before Jan 25, 2023 03:49:15 PM, in accordance with the Executive Order's implementing rules and regulations. However, due to the resignation of our focal person on the FOI Portal, may we request for an extension on the deadline of our response on your query on or before 15 February 2023.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUdQUEItMTE3NzA2NzQ2OTgyDA, for request with ticket number #GPPB-117706746982.
FOI Receiving Officer
GPPB-TSO 04:41 PM, Feb 16, 2023
February 16, 2023
Dear Dianne Kaye Agustin,
Thank you for your request dated Jan 04, 2023 03:49:15 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for Applicability of COA Circular No. 2021-014 dated 22 December 2021 in Contracting an Intermediary.
Response to Request
Your FOI request is approved. I enclose a copy of all of the information you requested.
Procurement is defined as the acquisition of goods, consulting services, and contracting for infrastructure projects by the Procuring Entity (PE). In the process of acquisition, public funds are disbursed by the government. Hence, as long as public funds are utilized or are contemplated to be spent for any procurement activity, it shall fall within the ambit of the procurement law. Corollary, if the government transaction or activity does not involve the use of public funds, such transaction or activity is not within the purview and coverage of RA No. 9184 and its 2016 Revised IRR.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to GPPB-TSO Executive Director, Atty. Rowena Candice M. Ruiz, thru e-mail address at email@example.com. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
FOI Decision Maker, GPPB-TSO
FOI Receiving Officer
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