Government Procurement Policy Board Technical Support Office(GPPB)

February 16, 2023 Dear Dianne Kaye Agustin, Greetings! 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. Your Request 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 protected]. 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). Thank you. Respectfully, FOI Decision Maker, GPPB-TSO FOI Receiving Officer