Title
AFP Modernization Program IGRRs and Guidelines
Law
Dnd Department Circular No. 01
Decision Date
Mar 6, 2000
The Implementing Guidelines, Rules and Regulations of the AFP Modernization Program establishes offices and committees to oversee the program, sets forth reportorial requirements, and provides guidelines for modifying the program in case of national security emergencies.
A

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.

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