Question & AnswerQ&A (GPPB Resolution NO. 12-2013)
GPPB Resolution No. 12-2013 approves amendments to certain sections of the revised Implementing Rules and Regulations of Republic Act No. 9184, also known as the Government Procurement Reform Act.
Sections 23.6, 24.6, and 53.5 of the revised Implementing Rules and Regulations of RA 9184 were amended.
GOCCs may participate in competitive bidding only if they establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the procuring entity.
The term 'dependent' was replaced with 'attached' in reference to agencies of the procuring entity.
The amendments replace the term GCEs with GOCCs and remove the condition that they should not be dependent agencies of the government to make them eligible to participate in competitive bidding.
Section 53.5 addresses procurement through Agency-to-Agency Agreements, allowing procurement from another agency of the government.
The prohibition excluding non-chartered GOCCs from being engaged as servicing agencies in Agency-to-Agency Agreements was removed.
The guidelines apply to procurement from all Departments, Bureaus, Offices, and Agencies of the National Government, Government-Owned and/or Controlled Corporations, Government Financing Institutions, State Universities and Colleges, and Local Government Units, excluding PS-DBM and AFP Corps of Engineers projects.
A 'Servicing Agency' refers to the agency that delivers the goods, undertakes the infrastructure project, or provides consulting services under an Agency-to-Agency Agreement.
The amendments took effect immediately upon the approval of the resolution.