Question & AnswerQ&A (GPPB Resolution No. 23-2014)
The main purpose of GPPB Resolution No. 23-2014 is to amend Section 34.2 of the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184 and related clauses in the Instructions to Bidders (ITB) for Goods, Infrastructure Projects, and Consulting Services, particularly to address issues on the Certificate of PhilGEPS Registration requirement for manufacturers, suppliers, distributors, contractors, and/or consultants for Philippine Foreign Service Posts (FSPs) procurement and foreign government agencies.
Republic Act No. 9184 is also known as the Government Procurement Reform Act.
Before the amendment, the bidder with the Lowest Calculated Bid or Highest Rated Bid must submit within three calendar days: (a) latest income and business tax returns; (b) Certificate of PhilGEPS Registration; and (c) other licenses and permits required by law and specified in the bidding documents.
The amendment allows the bidder to submit either a Certificate of PhilGEPS Registration or a PhilGEPS Registration Number if the procuring entity is a Philippine foreign office or post, provided that bidders register with PhilGEPS prior to bid opening.
The DFA requested suspension because foreign suppliers are reluctant to participate in FSPs procurement due to registration requirements with PhilGEPS, which include fees, document submission, and system limitations that do not accommodate foreign registration details such as different TIN formats and address fields.
The problems include the following: business TIN numbers from other countries differ in format from PhilGEPS requirements; many foreign suppliers lack SEC certificates; organization address fields only accept Philippine locations; the telephone field defaults to the Philippine country code +63; and suppliers are unwilling to disclose market capitalization information.
The procuring entity may assist foreign suppliers by undertaking the PhilGEPS registration on their behalf to comply with the legal requirements.
Participating bidders must register with PhilGEPS prior to the bid opening, but they can submit their PhilGEPS Registration Number, rather than the Certificate, during post-qualification as per the amendment.
The resolution takes effect 15 days following its publication in the Official Gazette or a nationwide newspaper and after filing three certified true copies with the University of the Philippines Law Center.
Agencies involved include the Department of Budget and Management, Department of Education, Department of Energy, Department of Finance, Department of Health, Department of the Interior and Local Government, Department of National Defense, Department of Public Works and Highways, Department of Science and Technology, Department of Transportation and Communications, and a Private Sector Representative.