Purpose and policy
- PNP Memorandum Circular No. 2010-05 prescribes the policies and procedures for registration and the collection and disposition of the registration fee.
- Participation in any PNP procurement is open to all legally, technically and financially competent business entities that are not blacklisted by any government agency or office.
- Prior registration is not a precondition to participate in any PNP procurement, regardless of the procurement method.
- Registration is encouraged to expedite eligibility checking and post-qualification convenience for business entities joining PNP procurement.
- Registration does not create automatic eligibility or automatic passing in post-qualification; eligibility still requires complete and faithful compliance with all other procurement requirements.
Definitions and key concepts
- Bids and Awards Committee (BAC) refers to the NHQ Bids and Awards Committee chaired by TDCO, with members including TDL (Vice Chairman), TDC (Regular Member), TDRD (Regular Member), D, LS (Regular Member), D, LSS (Provisional Member for goods of PNP-wide use), and D, ES (Provisional Member for infrastructure projects).
- Bidder refers to an eligible contractor, manufacturer, supplier, distributor and/or consultant competing for award in PNP procurement.
- PHILGEPS refers to the Philippine Government Electronic Procurement System as provided in Section 8 of the IRR-A of RA 9184.
- Goods means items, supplies, materials, and general support services except consulting services and infrastructure projects needed for public businesses or government undertakings/projects/activities.
- Infrastructure Projects include: construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of IT projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related government construction projects.
- Registry of Manufacturers, Suppliers and Distributors refers to the list maintained by the NHQ BAC through its Secretariat of those who complied with registration requirements and were issued a Certificate of Registration.
- Certificate of Registration means the document issued by the NHQ BAC Secretariat after determining the application’s submission is sufficient and consistent with the Circular’s registration requirements.
Registration requirements and validity
- The Circular requires registration applicants to submit:
- (a) an application letter;
- (b) submission of authenticated machine copies of the documents listed in the Circular’s registration document enumeration; and
- (c) payment of a non-refundable registration fee of PHP 1,000.00.
- The Circular enumerates the documents that the Certificate of Registration is submitted in lieu of during eligibility check and post-qualification, namely:
- SEC registration for corporations, DTI for sole proprietorship, or CDA registration for cooperatives;
- Mayor’s Business Permit issued by the city or municipality of the principal place of business;
- Tax Clearance Certificate issued by the Enforcement Division of the Bureau of Internal Revenue;
- Latest Business Income Tax Returns;
- Certificate of GEPS Registration;
- Audited Financial Statement stamped received by the Bureau of Internal Revenue or accredited financial institution;
- Statement of completed, ongoing and awarded contracts at least five (5) years before registration; and
- Authenticated exclusive distributorship agreement issued by a foreign manufacturer or authority to sell.
- The Certificate of Registration is valid for use for one (1) year from its issuance, for use in any NHQ BAC, PRO BAC, or NSU BAC procurement, provided none of the documents enumerated in the eligibility/post-qualification substitution list had expired or became ineffective.
- A registered supplier/manufacturer/distributor/contractor must renew any document that will expire or become ineffective on or before its expiration; otherwise, the Certificate of Registration does not substitute for an expired or ineffective document during eligibility examination or post-qualification.
- The NHQ BAC, through the BAC Secretariat, issues certificates only; the BAC Secretariat shall not entertain applications where supporting clearances/permits are not valid for at least one (1) year duration.
Registration procedure and processing timelines
- The BAC, through its Secretariat, must publish an invitation to apply for eligibility and to bid, and must include in the publication and postings a notice that suppliers, manufacturers, distributors and contractors should register with the BAC.
- The publication requirement must be met through:
- a newspaper of nationwide and general circulation; and
- postings with PHILGEPS, the PNP website, and conspicuous places.
- Registration applications must be filed at the NHQ BAC Secretariat Division of the Directorate for Logistics.
- Upon submission of all requirements, the BAC Secretariat must immediately verify the authenticity of the documents submitted, which must be in two (2) copies each and duly authenticated by the applicant himself.
- If found appropriate, the Certificate of Registration is issued forthwith, and the entire process must be completed within three (3) calendar days.
- The Certificate of Registration must be signed by the Head, NHQ BAC Secretariat and the Director for Logistics.
- Applicants must pay the registration fee at the 14th Finance Service Office (FSO), and the FSO issues the official receipt based on the Order of Payment issued by the BAC Secretariat.
- The collected registration fees must be treated as trust receipts and used in accordance with DBM Budget Circular No. 2007-3 (dated November 29, 2007), including expenses such as advertisement, development and preparation of bidding documents, cost of test and evaluation by the TWGs, and continuing education and training of BAC members, BAC Secretariat, and TWGs.
- The BAC, through the BAC Secretariat, must continuously verify the authenticity of documents of registered entities and may request assistance from appropriate PNP offices and other government agencies and offices that issued the submitted licenses and permits.
Use in eligibility and post-qualification
- During eligibility check and post-qualification, the Certificate of Registration must be submitted in lieu of the enumerated documents.
- In post-qualification, the TWG may require the NHQ BAC Secretariat to provide authenticated copies of the enumerated documents to verify whether any documents had lapsed or became ineffective on or before or during the opening and examination of bids.
- If post-qualification uncovers inaccuracy or falsehood in documents submitted for purposes of registration, the concerned supplier/manufacturer/distributor/contractor must be post-disqualified.
- The Circular requires the BAC to continuously exert verification efforts even after issuance of a Certificate of Registration, including possible requests for assistance from licensing permit-issuing entities.
Sanctions and rescission
- PNP personnel who violate the Circular must be investigated and, as warranted by evidence, prosecuted accordingly.
- Issuances, SOPs and directives inconsistent with the Circular are rescinded, repealed or modified accordingly.
Effectivity and publication
- PNP Memorandum Circular No. 2010-05 takes effect after fifteen (15) days from its filing at the UP Law Center pursuant to Sections 3 and 4, Chapter 2, Book VII of EO No. 292, as amended (the Administrative Code of 1987).
- The Circular is dated April 27, 2010 and is listed in NAR, Vol. 21 No. 2 (April–June 2010).