Section 22. Procurement of Items for the National Museum Collections.— The procurement of unique, special and/or original items by the National Museum for its collections, charged to any of its sources of funds as may be allowed, and authorized by the Head of Agency and concurred to by the Board, shall be exempted from applicable laws, rules and regulations regarding government procurement.
The National Museum, as a general rule, shall be allowed to procure collections items by means of direct negotiation with the owners of such items, or their duly designated agents or representatives, in the Philippines and abroad, as follows:
A written and signed quotation for the sale of the item(s), shall be issued and addressed to the National Museum by the owner, or his or her agent or representative;
A certification that the item to be acquired is of appropriate significance to the National Museum and of importance to the heritage and patrimony of the Filipino people, that the negotiated price is reasonable and fair, that no conflicts of interest as may be defined by prevailing laws, rules and regulations exist, and that the item in question has not been illegally acquired or trafficked, shall be issued by the Head of Agency;
For items above One million pesos (₱1,000,000) or its foreign currency equivalent in price, the Head of Agency shall recommend in writing to the Board the issuance of a resolution for the approval in principle of the transaction; items under this amount may be procured upon the sole authority of the Head of Agency provided that there is no “splitting” as defined in pertinent procurement laws, rules and regulations;
A resolution of the Board approving in principle the purchase of the concerned item by the National Museum and authorizing the signing by Head of Agency of a Deed of Sale as well as all other documents to the transaction shall be issued for items above One million pesos (₱1,000,000) or its foreign currency equivalent in price;
A resolution of the Bids and Awards Committee of the National Museum verifying that the aforementioned documents, where applicable, have been produced, certifying as to the availability of funds, and authorizing the issuance of a Notice of Award pertaining to the purchase of the item(s) for the signature of the Head of Agency, shall be issued;
After the Notice of Award has been issued, the execution of the Deed of Sale by the Head of Agency shall be made, after which the Bids and Awards Committee of the National Museum shall issue the Notice to Proceed which, once signed by the Head of Agency, shall authorize the processing of payment in Philippine or foreign currency to the seller; receipt of payment in Philippine or foreign currency shall be acknowledged by an official receipt or, in cases where the issuance of an official receipt is not possible, any legal equivalent;
Payment for collections items made under this provision shall be made by the National Museum gross of any deductions for tax. It shall be the sole responsibility of the owner, or his or her agent or representative, to pay all direct and indirect taxes owed to Philippine and pertinent foreign authorities from the sale of the item as may be due under existing laws, rules and regulations of the Philippines and any pertinent foreign jurisdiction; and
Certified true copies of all the aforementioned documents shall be posted within the designated public place of the National Museum and on its official website for at least six (6) months, as well as transmitted to the Commission on Audit through the resident auditor of the National Museum, the Department of Budget and Management, the Government Procurement Policy Board, the Bureau of Internal Revenue and, if the item has been acquired from abroad and is being imported into the Philippines, the Bureau of Customs.