Purpose and Coverage
- Implements Section 4 of the AFP Modernization Act governing all related programs and projects approved by Congress.
- Chapter 8 specifically governs the Modernization Act Trust Fund.
- Also implements rules for Section 2 of Executive Order No. 201 (2000).
Definitions
- Comprehensive definitions clarify terms such as AFP, AFP Modernization Act, Trust Fund, Bid Evaluation Plan, Contract Negotiation, Countertrade, Doctrine, Equipment, Force structure, Major Equipment, Manufacturer, Modernization, Multi-Year Obligational Authority, Procurement Agency, Regular and Reserve Forces, Secretary, Sophisticated Defense Equipment, Sovereign Guarantee, and others.
- Establishment of technical terms facilitates uniform understanding and procedure compliance.
Applicability of Pertinent Laws
- Construction contracts follow PD No. 1594 and IRRs.
- Procurement under Capability Development Component follows EO No. 302 and EO No. 201.
- Consultancy contracts governed by EO No. 164 and NEDA guidelines.
Implementation of Force Restructuring
- Develop AFP as a compact, responsive force capable of conventional, unconventional warfare, disaster relief, and development roles.
- Emphasizes a structured Regular and Reserve Force under tri-service system with GHQ direct command.
- Reserve Force organized into Army, Navy, Air Force, Technical, and Affiliated components supporting both military and socio-economic roles.
Implementation of Capability, Materiel and Technology Development
- Acquisition policies prioritizing capability needs, synchronization of new acquisitions with phase-out, requiring after-sales support.
- Prohibition of acquiring equipment not previously used by original or two other countries.
- Procurement involves two stages: Equipment Acquisition and Contract Negotiation, with specified bidding and evaluation requirements.
- Development focus on naval, air, ground defense, and HQ command/control capabilities.
- Provision for acquisition of used or leased equipment under strict conditions.
- Risk management applied; emphasis on communication security and technological upgrades.
- Countertrade arrangements and preference margins incorporated.
- Financial exploration beyond the General Appropriations Act encouraged.
Procurement Procedure
- Based on the Five-Year Rolling Plan.
- Designated Prequalification, Bidding, and Awards Committees (PBAC) oversee comprehensive procurement process.
- Possible hiring of procurement consultants for highly technical acquisitions.
- Two-step procurement: Equipment Acquisition by Major Services, Contract Negotiation by AFP-GHQ.
- Mandatory waiver by bidders against injunctive relief to expedite procurement.
- Prequalification appeals handled by Secretary with binding decisions.
- Use of sovereign guarantees allowed for sophisticated equipment.
- Extended procurement timelines permissible due to complexity.
- Bid evaluation includes price, operating cost, national economic factors, countertrade, local content, and defense considerations.
- Contract awards require Secretary and, for contracts over P50 million, President's approval.
Self-Reliant Defense Posture
- Emphasizes local production, technology transfer, joint ventures, and co-production to reduce foreign dependence.
- Prioritizes development of local maintenance for transport, missiles, aircraft, armors, weapons, and electronic equipment.
- Encourages skill and tooling acquisition.
- Guided by Presidential Decree No. 415.
Base and Support Systems Development
- Permanent land, air, and naval bases aligned with defense strategy and socio-economic policy.
- Systematic relocation, adequate support facilities, and training grounds provided.
- Construction procurement governed by relevant laws.
- Priority given to internal security, air/naval defense, and EEZ protection needs.
- Site selections consider security, space, and environmental factors.
- Standard designs for facilities with provisions for joint use and expansion.
- Disposal of excess bases authorized with proceeds used for modernization.
- Environmental protection integrated in base development.
Human Resources Development
- Strengthens patriotism, nationalist consciousness, and respect for human rights.
- Transforms AFP to external security focus while maintaining internal security capabilities.
- Develops compact, citizen-based force with roles in disaster relief, environment, and peacekeeping.
- Emphasizes procurement of technically qualified personnel and reoriented training programs including joint exercises and technical education.
- AFP training institutions continuously updated.
Doctrines Development
- Review, evaluation, and validation of existing doctrines alongside formulation of new doctrines.
- Coverage includes strategic, operational, and tactical levels including intelligence, logistics, and C3.
- National Defense Strategy is thematic framework.
- Doctrines adapted to domestic context with interoperability considerations.
- Approval of operational and tactical doctrines by Chief of Staff, strategic doctrines by Secretary.
Modernization of Government Arsenal
- Enhance production capacity for basic weapons and munitions.
- Utilize joint ventures or co-production with local and foreign partners.
- Fund handling and procurement governed like AFP Major Services.
- Excess production may be sold or exported with proceeds funneled to the AFP Modernization Trust Fund.
Administration of AFP Modernization Act Trust Fund (AFPMATF)
- Secretary of National Defense is fund administrator.
- Requires Omnibus Forward Obligational Authority from DBM.
- No multi-year contracts without Multi-Year Obligational Authority.
- Financial program specifies payment flows, inclusive of consultant and administrative expenses.
- Funds held in separate Combo Accounts in Authorized Government Depository Banks.
- Interest on funds invested in government securities and accounted for separately.
- Procedures established for handling GAA funds, sale proceeds of military assets, Government Arsenal sales, and interest income.
- Use of budget surplus and unused appropriations for modernization allowed upon authority.
- AFPMATF Management Committee created to advise Secretary.
Management of AFP Modernization Program
- Secretary is overall administrator, with Chief of Staff and Government Arsenal Director responsible for program implementation.
- Defense Modernization Office created to supervise and provide secretariat support.
- AFP Modernization Board and Major Service Boards advise respective commands.
- AFP Modernization Program Management Office manages projects, funding, procurement, and reporting.
- Reportorial requirements include annual reports to President and Congress, and periodic financial reports.
Modification of AFP Modernization Program
- Secretary may recommend program modifications in response to national security emergencies.
- President reports any modifications to Congress within 30 days.
Final Provisions
- Contains separability and repealing clauses.
- Circular takes effect 15 days after publication.