Law Summary
Standard Procurement Process and Forms
- All government ICT procurements must adhere to GPRA and IRR-A prescribed procurement processes.
- Contracts must follow Executive Order No. 109-A amendments, aligning with RA 9184.
- Use of agency-approved ICT bidding documents continues until standard documents are issued by the Government Procurement Policy Board (GPPB).
- Submission of Requests for Proposal (RFP) to NCC for review is no longer required; evaluation responsibility rests with the agency's BAC.
- Creation of a separate Prequalification Bids and Awards Committee for IT resources (PBAC-ITR) is prohibited; only one BAC per agency with possible divisions by geography or complexity as allowed.
ICT Procurement Planning
- Agencies must prepare an Annual Procurement Plan (APP) comprising Project Procurement Management Plans (PPMP) for ICT goods/services.
- Submission of Information Systems Development Plans (ISDP) to NCC is abolished; instead, agencies must submit the approved APP annually or upon updates.
- PPMPs must align with the agency's Information Systems Strategic Plan (ISSP), previously endorsed or approved by NCC.
- Newly approved ICT projects not in the current ISSP must appear in the APP and PPMP.
- Updates to PPMP and consolidated APP should occur at least semi-annually or as needed.
NCC Clearance / Certification
- Department of Budget and Management (DBM) Circular No. 492 mandates NCC clearance or an approved ISSP before releasing funds for IT equipment.
- Agencies must submit NCC-approved ISSP to DBM before fund release; if ISSP is pending, submission of APP and relevant PPMP suffices.
- Local Government Units (LGUs) are exempt from mandatory submission but must secure NCC clearance if using national funds.
- Newly approved projects not in ISSP require NCC clearance based on submitted PPMP.
- BOT scheme ICT projects require NCC certification as part of project proposals evaluated by NEDA.
- ICT projects funded by the E-Government Fund but not in ISSP also require NCC certification.
Role of the IT Professional
- An IT Professional is no longer a mandatory voting member of the BAC.
- IT Professionals may serve on the Technical Working Group (TWG) to aid in bid evaluation and procurement assistance.
- The TWG replaces the BAC-Technical Evaluation Committee per RA 9184 standards.
- IT Professionals must be permanent government employees with ICT and procurement competency; designation required by agency head.
- Agencies may hire ICT consultants to assist or substitute the IT Professional role, provided they have requisite expertise and no conflict of interest.
Registration of IS/IT Service Providers
- IS/IT providers no longer require NCC accreditation; instead, they register directly with procuring agencies and undergo eligibility checks.
- The Government E-Procurement System (GEPS) maintains a centralized electronic database of all registered suppliers, including ICT providers.
Bidding Activities
- Standard GPRA bidding procedures apply to ICT procurements, including stages such as:
- Pre-Procurement Conference
- Invitation and Pre-Bid Conferences
- Eligibility Check
- Shortlisting (for consulting services)
- Submission and Opening of Bids
- Bid Evaluation and Post-Qualification
- Notice of Award issuance
- Negotiation and Contract Signing
- Contract Approval and Notice to Proceed
- The prequalification process is now called Eligibility Check.
- Strict adherence to IRR-A timelines is required.
- Agencies procuring ICT goods or services worth PHP 5 million or more must submit Procurement Monitoring Reports (PMR) to NCC semi-annually.
Reference to Brand Names and Licensed Software
- Procurement specifications must be based on detailed technical and performance requirements; reference to brand names is prohibited.
- Both branded and clone computers may be procured if they meet technical specifications.
Repealing Clause
- This Circular repeals NCC Memorandum Circular No. 99-02 and any inconsistent provisions of other circulars.
Effectivity
- The Circular became effective on June 7, 2004.
Signatories
- Signed by Angelo Timoteo M. Diaz De Rivera, Director General.
- Noted by Virgilio L. Pea, Secretary and Chairman of CICT.