Amendment on PhilGEPS Registration for FSPs

The resolution anchors its amendments on Republic Act No. 9184 (Government Procurement Reform Act), which took effect 26 January 2003.
The resolution relies on the revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184, which took effect 2 September 2009.
Section 63 of Republic Act No. 9184 directs the GPPB to protect national interest in matters affecting public procurement.
Section 8.5.1 of the IRR of Republic Act No. 9184 requires manufacturers, suppliers, distributors, contractors and/or consultants to register with the PhilGEPS to ensure widest dissemination of Invitations to Bid/Requests for Expression of Interest.
Section 34.2 of the IRR of Republic Act No. 9184 and specified clauses in the Philippine Bidding Documents (PBDS) Instructions to Bidders impose submission requirements during post-qualification of the bidder with the Lowest Calculated Bid or Highest Rated Bid (and for consulting services, HRB).

The resolution amends the PhilGEPS Certificate of PhilGEPS Registration requirement for FSPs to address participation barriers raised by foreign procurement contexts.
The resolution responds to a request from the Department of Foreign Affairs (DFA) dated 10 June 2014 seeking temporary suspension from the use and registration with PhilGEPS for procurement in foreign jurisdictions until the new PhilGEPS system and related IRR provisions are applicable there.
The resolution recognizes that foreign suppliers are reluctant to participate in FSP procurement due to the PhilGEPS registration requirement, including unwillingness to subscribe to membership, pay user fees, and submit eligibility documents.
The resolution cites practical compliance issues for foreign suppliers in PhilGEPS registration data fields and supporting documents (including business TIN format, SEC certificate availability, SEC registration date applicability, address/location fields limited to Philippine locations, default telephone country code, and unwillingness to provide market capitalization information).
The resolution authorizes a procurement approach that still meets Republic Act No. 9184 and its IRR requirements by enabling the procuring entity to facilitate registration when prospective bidders are unwilling to register.

Section 34.2 of the IRR of Republic Act No. 9184 is amended on the submission requirement of Certificate of PhilGEPS Registration during post-qualification for the Lowest Calculated Bid/Highest Rated Bid.
Within three (3) calendar days from receipt by the bidder of the notice from the BAC that the bidder has the Lowest Calculated Bid or Highest Rated Bid, the bidder shall submit documentary requirements to the BAC.
The amended documentary requirements must include latest income and business tax returns.
For PhilGEPS, the bidder must submit either Certificate of PhilGEPS Registration or PhilGEPS Registration Number when the procuring entity is a Philippine foreign office or post.
The amended rule also requires that participating bidders should register with the PhilGEPS prior to bid opening.
The submission must also include other appropriate licenses and permits required by law and stated in the Bidding Documents.

The resolution amends Clause 29.2 of the ITB, PBDS for Goods.
The documentary submission period is a non-extendible period of three (3) calendar days from receipt by the bidder of the BAC notice that the bidder submitted the LCB.
The bidder must submit latest income and business tax returns in the form specified in the BDS.
For PhilGEPS, the bidder must submit Certificate of PhilGEPS Registration or PhilGEPS Registration Number when the procuring entity is a Philippine foreign office or post.
The requirement includes the condition that participating bidders should register with the PhilGEPS prior to bid opening.
The bidder must also submit other appropriate licenses and permits required by law and stated in the BDS.

The resolution amends Clause 28.2 of the ITB, PBDS for Infrastructure Projects.
The documentary submission period is a non-extendible period of three (3) calendar days from receipt by the bidder of the BAC notice that the bidder submitted the LCB.
The bidder must submit latest income and business tax returns in the form specified in the BDS.
For PhilGEPS, the bidder must submit Certificate of PhilGEPS Registration or PhilGEPS Registration Number when the procuring entity is a Philippine foreign office or post.
The requirement includes that participating bidders should register with the PhilGEPS prior to bid opening.
The bidder must also submit other appropriate licenses and permits required by law and stated in the BDS.

The resolution amends Clause 27.2 of the ITB, PBDS for Consulting Services.
The documentary submission period is a non-extendible period of three (3) calendar days from receipt by the Consultant of the BAC notice that it is the HRB.
The Consultant must submit latest income and business tax returns in the form specified in the BDS.
For PhilGEPS, the Consultant must submit Certificate of PhilGEPS Registration or PhilGEPS Registration Number when the procuring entity is a Philippine foreign office or post.
The requirement includes that participating bidders should register with the PhilGEPS prior to bid opening.
The Consultant must also submit other appropriate licenses and permits required by law and stated in the BDS.

The amended PhilGEPS submission standard is triggered specifically when the procuring entity is a Philippine foreign office or post.
The BAC’s notice triggers a three (3) calendar day documentary submission deadline for the concerned bidder/consultant.
The resolution confirms that procurement participants must still meet PhilGEPS participation requirements by ensuring PhilGEPS registration prior to bid opening, even when the submission may be by Registration Number for FSP procurements.
The resolution adopts the specific amendments shown in the attached annexed modifications to Section 34.2 of the IRR and to Clauses 29.2, 28.2, and 27.2 of the PBDS.