QuestionsQuestions (ERC)
The resolution cites Section 63(a) and 63(b) of RA 9184, which mandate the GPPB to protect national interest in procurement matters and to formulate/amend the IRR and corresponding standard forms whenever necessary.
To ensure the widest dissemination of the Invitation to Bid/Request for Expression of Interest and procurement activity information to prospective bidders and market participants, consistent with Section 8.5.1 of the revised IRR.
The text notes that earlier requirements compelled bidders to submit a Certificate of PhilGEPS Registration as an eligibility requirement before bid opening; under the revised IRR and the amendment, the Certificate is submitted within three (3) calendar days from the BAC’s notice that the bidder has the Lowest Calculated Bid/Highest Rated Bid (as post-qualification).
Tax clearance; latest income tax returns; Certificate of PhilGEPS Registration (with the condition that participating bidders register prior to bid opening); and other licenses/permits required by law and stated in the Bidding Documents.
Forfeiture of the bid security and disqualification of the bidder for award.
It amends Section 34.2 and includes a new provision relative to the requirement of PhilGEPS Registration in Alternative Methods of Procurement under Section 54.6 of the IRR of RA 9184.
Because the text states there was no provision in Rule XVI (Alternative Methods of Procurement), except Limited Source Bidding, that expressly required PhilGEPS registration; registration was still needed in certain alternative methods to ensure widest dissemination.
Manufacturers, suppliers, distributors, contractors, and/or consultants are mandated to register with PhilGEPS and provide a PhilGEPS Registration number as a condition for award of the contract in the listed alternative methods.
Examples include: (1) Section 49 Limited Source Bidding; (2) Section 50 Direct Contracting; (3) Section 51 Repeat Order; (4) Section 52.1(b) Shopping of Ordinary Office Use Supplies and Equipment not available in the Procurement Service; (5) Section 53.1 Two-Failed Bidding; (6) Section 53.3 Take-Over of Contracts; (7) Section 53.4 Adjacent and Contiguous; (8) Section 53.9 Small Value Procurement; (9) Section 53.10 Lease of Real Property; (10) Section 53.11 NGO Participation.
For Section 34.2 (post-qualification in public bidding), the bidder must submit a Certificate of PhilGEPS Registration within three (3) calendar days; for alternative methods under the new Section 54.6 provision, the listed parties must register and provide a PhilGEPS Registration number as a condition for award.
The resolution excludes: (a) Section 52.1(a) Shopping under Unforeseen Contingency; (b) Section 53.2 Emergency Cases; (c) Section 53.5 Agency to Agency Agreements; (d) Section 53.6 Procurement Agent (except private procurement agents); (e) Section 53.7 Highly Technical Consultants; (f) Section 53.8 Defense Cooperation Agreement; (g) Section 53.12 Community Participation; and (h) Section 53.13 United Nations Agency.
It states that the GPPB adopted the IATWG recommendation but excluded Section 53.7 (Highly Technical Consultants) as among those requiring PhilGEPS registration.
It states: “This Resolution shall take effect immediately.”
It involves the Inter-Agency Technical Working Group (IATWG), the Government Procurement Policy Board (GPPB), and references approval/attestation processes including executive action.
It clarifies that even though the Certificate is submitted after bid opening during post-qualification (within three days from BAC notice), the bidder must have already completed/maintained PhilGEPS registration prior to the time of bid opening.