Title
Amendment to EO 298 on Contract Renewal and Bidding
Law
Executive Order No. 40
Decision Date
Jun 1, 1963
Executive Order No. 40 amends the provisions regarding public bidding for contracts in the Philippines, requiring transparency and competition, with exceptions allowed in emergency situations and for exclusive dealers or manufacturers.
A

Prohibition on Automatic Contract Renewal and Public Bidding Requirement

  • Contracts for public service or for supplying materials, equipment, and supplies to the government or its branches, agencies, or instrumentalities shall not be renewed or entered into without public bidding.
  • This prohibition is excepted only under very extraordinary reasons.

Establishment of a Determining Committee for Exceptions

  • A Committee composed of the Executive Secretary (Chairman), the Auditor General, and the Secretary of Justice is empowered to determine the existence of extraordinary reasons allowing exemption from public bidding.
  • In case of a tie vote within the Committee, the decision shall be referred to the President for final resolution.

Emergency Procurement Exception

  • The Head of the Department can certify that supplies, materials, or equipment are urgently needed due to an emergency involving possible loss or damage to life or property.
  • Such certified supplies may be procured by the Director of Supply without public bidding but only after thorough market canvassing.
  • This provision ensures immediate government response while maintaining some competitive pricing discipline.

Procurement from Exclusive Dealers Exception

  • Supplies, materials, or equipment sold by an exclusive dealer or manufacturer, without sub-dealers selling at lower prices, may be procured without public bidding.
  • This exception applies when no suitable substitutes are available elsewhere at more advantageous terms to the government.

Legal Authority and Effectivity

  • The amendment is issued by the President of the Philippines, Diosdado Macapagal, exercising lawful powers vested to him.
  • The order formalizes and directs compliance with these revised procurement rules for government contracts.
  • Signed and issued in Manila, June 1, 1963.

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