Amendments on PhilGEPS Registration in Procurement

Republic Act No. 9184 governs government procurement reform and requires procurement to follow the principle of transparency.
Section 63(a) of Republic Act No. 9184 directs the Government Procurement Policy Board (GPPB) to protect national interest in matters affecting public procurement.
Section 63(b) of Republic Act No. 9184 authorizes the GPPB to formulate and amend, whenever necessary, the IRR and corresponding standard forms for procurement.
Section 8.5.1 of the revised IRR of Republic Act No. 9184 requires widest dissemination of invitations and registration with PhilGEPS as a mechanism tied to participation.

PhilGEPS registration is required to ensure the widest dissemination of procurement information to prospective bidders and market participants.
PhilGEPS registration prior to bid opening and during procurement activity remains required to achieve dissemination, even when the certificate requirement is tied to post-qualification timing in the IRR.

Section 34.2 of the revised IRR of Republic Act No. 9184 is amended to require submission of eligibility and post-qualification documents within three (3) calendar days from the bidder’s receipt of the BAC notice that it has the Lowest Calculated Bid or Highest Rated Bid.
The required documentary requirements to the BAC are tax clearance, latest income tax returns, Certificate of PhilGEPS Registration (with registration prior to bid opening as a condition for participating bidders), and other licenses and permits required by law and stated in the Bidding Documents.
Failure to submit the required documents on time, or a finding against the veracity of the requirements, results in forfeiture of the bid security and disqualification of the bidder for award.

A new provision is included in the IRR under Section 54.6 to mandate PhilGEPS registration as a condition for award of the contract in specified Alternative Methods of Procurement.
Manufacturers, suppliers, distributors, contractors, and/or consultants must register with PhilGEPS and provide a PhilGEPS Registration number in the following alternative methods:
- Section 49 Limited Source Bidding
- Section 50 Direct Contracting
- Section 51 Repeat Order
- Section 52.1 (b) Shopping of Ordinary Office Use Supplies and Equipment not available in the Procurement Service
- Section 53.1 Two-Failed Bidding
- Section 53.3 Take-Over of Contracts
- Section 53.4 Adjacent and Contiguous
- Section 53.9 Small Value Procurement
- Section 53.10 Lease of Real Property
- Section 53.11 NGO Participation
The exclusion list in the Resolution applies only to the following alternative methods, where the PhilGEPS Registration number requirement under the new provision is not imposed:
- Section 52.1 (a) Shopping under Unforeseen Contingency
- Section 53.2 Emergency Cases
- Section 53.5 Agency to Agency Agreements
- Section 53.6 Procurement Agent (except private procurement agents)
- Section 53.7 Highly Technical Consultants
- Section 53.8 Defense Cooperation Agreement
- Section 53.12 Community Participation
- Section 53.13 United Nations Agency

For public bidding under the amended Section 34.2, failure to submit the required documents within three (3) calendar days or a finding against the veracity of the documents causes forfeiture of the bid security and disqualification for award.
For alternative methods covered by the amended Section 54.6 provision, PhilGEPS registration and presentation of the PhilGEPS Registration number is a condition for award, applying to the covered alternative methods listed above.

The Resolution is approved on October 25, 2013 and takes effect immediately.
The Resolution is adopted by the Members of the Government Procurement Policy Board in the exercise of powers vested by law and other executive issuances.
The Resolution is attested by Dennis S. Santiago, Board Secretary and Executive Director of GPPB-TSO.