Scope and Transparency Requirements Under RA 9184
- RA 9184 covers all procurements by the national government, including agencies, state universities, government-owned or controlled corporations, financial institutions, and local government units.
- The procurement process must adhere strictly to transparency principles as stated in Section 3(a) of RA 9184.
PhilGEPS Registration Requirement for Public Bidding
- Section 8.5.1 of the revised IRR mandates manufacturers, suppliers, distributors, contractors, and consultants to register with PhilGEPS for the widest dissemination of Invitations to Bid.
- Existing registries must be integrated with PhilGEPS.
- A valid and updated PhilGEPS registration is a prerequisite to participate in procurements.
- Bidders must submit the Certificate of PhilGEPS Registration prior to bid opening as an eligibility requirement (IRR Part A).
Post-Qualification Documentary Requirements and Compliance
- The bidder with the Lowest Calculated Bid must submit a Certificate of PhilGEPS Registration within three calendar days after notice from the Bids and Awards Committee (BAC).
- Failure to submit or false submissions lead to forfeiture of bid security and disqualification.
Purpose and Timing of PhilGEPS Registration
- Registration prior to bid opening ensures the widest dissemination of procurement information.
- Although currently required at post-qualification, preregistration enhances transparency and participation.
PhilGEPS Registration in Alternative Methods of Procurement
- No explicit requirement in Rule XVI for PhilGEPS registration, except Limited Source Bidding.
- To maintain wide information dissemination, registration is required for most alternative procurement methods.
- Certain alternative methods are exempted from this requirement.
Alternative Methods Where PhilGEPS Registration is Mandatory
- Limited Source Bidding
- Direct Contracting
- Repeat Order
- Shopping of Ordinary Office Use Supplies and Equipment not available in the Procurement Service
- Two-Failed Bidding
- Take-Over of Contracts
- Adjacent and Contiguous
- Small Value Procurement
- Lease of Real Property
- NGO Participation
Alternative Methods Exempted from PhilGEPS Registration
- Shopping under Unforeseen Contingency
- Emergency Cases
- Agency to Agency Agreements
- Procurement Agent (except private procurement agents)
- Highly Technical Consultants
- Defense Cooperation Agreement
- Community Participation
- United Nations Agencies
GPPB Deliberations and Final Resolution
- After consultations and consideration, the GPPB resolved to:
- Retain PhilGEPS registration as a post-qualification requirement.
- Require registration prior to bid opening for public bidding.
- Mandate submission of PhilGEPS Registration Numbers during bid opening for appropriate alternative methods.
- Exclusion of Highly Technical Consultants from mandatory PhilGEPS registration was agreed.
Amended Provisions in the Revised IRR of RA 9184
- Section 34.2 Amendment: Bidders must submit tax clearance, latest income tax returns, Certificate of PhilGEPS Registration (with preregistration before bid opening), and other legal documents within three calendar days of BAC notice.
- Section 54.6 Addition: Manufacturers, suppliers, contractors, and consultants must be registered with PhilGEPS and provide registration numbers as a condition for contract award under specified alternative procurement methods.
Legal Effectivity and Adoption
- The amendment took effect immediately upon approval on October 25, 2013.
- The resolution was signed by representatives from key government departments and private sector.
This comprehensive framework ensures procurement transparency, wide dissemination of procurement opportunities, and compliance with registration protocols in both traditional public bidding and alternative procurement methods in the Philippines under RA 9184.