GPPB Resolution Nos. 03-2011, 04-2011 and GPPB Resolution No. 08-2011

May 3, 2012 BLGF MEMORANDUM CIRCULAR NO. 031-12 TO : All Central and Regional Directors for Local Government Finance, District Treasurers of Metropolitan Manila; Provincial, City and Municipal Treasurers and Others Concerned SUBJECT : GPPB Resolution Nos. 03-2011, 04-2011 and GPPB Resolution No. 08-2011 DATE : May 2, 2012 For the information and guidance of all concerned, attached are certified true copies of the following Government Procurement Policy Board Resolutions, to wit: 1. GPPB Resolution No. 03-2011 dated 28 January 2011 and 2. GPPB Resolution No. 04-2011 dated 25 February 2011 Together with GPPB Resolution No. 08-2011 dated 7 October 2011 amending the pertinent provisions of GPPB Resolution No. 03-2010. Please be guided accordingly. (SGD.) SALVADOR M. DEL CASTILLO OIC-Executive Director ATTACHMENT April 4, 2012 MR. SALVADOR M. DEL CASTILLO Officer-in-Charge, Executive Director BUREAU OF LOCAL GOVERNMENT FINANCE DEPARTMENT OF FINANCE 8th Floor EDPC Building, BSP Compound Roxas Boulevard, Manila Dear Executive Director Del Castillo: In reference to your letter dated 16 March 2012, attached herewith are the certified true copies of Government Procurement Policy Board (GPPB) Resolutions that you have requested: IDATCE 1. GPPB Resolution No. 03-2011 dated 28 January 2011; 2. GPPB Resolution No. 04-2011 dated 25 February 2011; and 3. GPPB Resolution No. 05-2010 dated 29 October 2010. Please be advised that pertinent provisions of GPPB Resolution No. 03-2010, specifically Annex "E" of the revised Implementing Rules and Regulations of Republic Act 9184, were subsequently amended by GPPB Resolution No. 08-2011 dated 7 October 2011, a certified true copy of which is attached hereto and made an integral part hereof. We trust this sufficiently addresses your concern. Very truly yours, (SGD.) DENNIS S. SANTIAGO Executive Director III GPPB RESOLUTION NO. 003-2011 APPROVING AMENDMENTS TO THE GUIDELINES ISSUED BY THE GOVERNMENT PROCUREMENT POLICY BOARD, AND THE REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184 Republic Act (R.A.) No. 9184, entitled "An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes," took effect on 26 January 2003, while its Implementing Rules and Regulations (IRR) Part A took effect on 8 October 2003. The Government Procurement Policy Board (GPPB), under Section 63 of the RA 9184 and its IRR-A, is mandated to formulate and amend public procurement policies, rules and regulations, and amend the IRR, whenever necessary. After extensive consultation and deliberations, the GPPB approved the Revised IRR of RA 9184 through GPPB Resolution 03-2009 during its meeting held last 22 July 2009. It was published in a Supplemental Issue of the Official Gazette last 3 August 2009, and took effect on 2 September 2009. The issuance of the Revised IRR of RA 9184 affected some provisions and references in various Guidelines issued by the GPPB prior to the Revised IRR. There were also notable errors discovered in the Revised IRR which may sow confusion on the implementation of the affected provisions. EcHAaS In a meeting held last 28 January 2011, the GPPB and its Inter Agency Technical Working Group (IATWG) discussed all of the affected provisions and references and deliberated on the corrections necessary to harmonize the Guidelines with the Revised IRR. NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt and approve, as WE hereby confirm, adopt and approve, the following: 1. Change all references to "IRR-A" into "IRR" in all of the affected GPPB Guidelines, as may be appropriate; and 2. Revisions as shown in Annex "A" attached hereto and made an integral part of this Resolution. This resolution shall take effect immediately. APPROVED this 28th day of January 2011 at Pasig City, Philippines. By: Department of Budget and Management National Economic and Development Authority Department of National Defense (SGD.) Department of Public Works and Highways (SGD.) Department of Education (SGD.) Department of Health Department of the Interior and Local Government (SGD.) Department of Energy (SGD.) Department of Trade and Industry (SGD.) Department of Finance Department of Transportation and Communications Department of Science and Technology Private Sector Representative Attested by: (SGD.) DENNIS LORNE S. NACARIO Board Secretary, GPPB OIC-Executive Director, GPPB-TSO ANNEX A Original Provisions Revised Provisions GPPB Resolution No. 09-2004: Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors and Consultants Section 4.1.3 Section 4.1.3 Unauthorized use of one's name, or using the Unauthorized use of one's name Allowing the use of name of another for purpose of public bidding. one's name , or using the name of another for purposes of public bidding. Section 4.1.8 Section 4.1.8 All other acts that tend to defeat the purpose of the All other acts that tend to defeat the purpose of the competitive bidding, such as but not limited to: an eligible competitive bidding, such as but not limited to: an contractor not buying bid documents or not complying with eligible contractor not buying bid documents or not the requirements during bid evaluation, and contractors complying with the requirements during bid habitually withdrawing from bidding or submitting letters of evaluation, and contractors habitually withdrawing non-participation for at least three (3) times within a year, from bidding or submitting letters of non-participation except for valid reasons. for at least three (3) times within a year, except for valid reasons habitually withdrawing from bidding or submitting letters of non-participation submitting late bids or patently insufficient bids , for at least three (3) times within a year, except for valid reasons. Section 5.7 Section 5.7 A Motion for Reconsideration may be filed by the suspended A Motion for Reconsideration may be filed by the person/entity within seven (7) calendar days from receipt of suspended person/entity within seven (7) three (3) the notice of decision and shall be for either or both of the calendar days from receipt of the notice of decision following causes, provided that only one (1) Motion for and shall be for either or both of the following causes, Reconsideration shall be filed with the blacklisting agency: provided that only one (1) Motion for Reconsideration shall be filed with the blacklisting agency: xxx xxx xxx xxx xxx xxx The Head of the Procuring Entity shall resolve with finality The Head of the Procuring Entity shall resolve with the motion for reconsideration within fifteen (15) calendar finality the motion for reconsideration within fifteen days from the filing thereof and furnish suspended contractor ( 15 ) seven (7) calendar days from the filing thereof a copy of the resolution immediately from its promulgation. and furnish suspended contractor a copy of the resolution immediately from its promulgation. Section 5.8 Section 5.8 A protest may be filed under Section 55.1 of the IRR-A of A protest may be filed under Section 55.1 of the R.A. 9184 by the suspended contractor with the appellate IRR-A Section 55.3 of the IRR of R.A. 9184 by the authority within seven (7) calendar days from receipt of the suspended contractor with the appellate authority resolution on the Motion for Reconsideration. within seven (7) calendar days from receipt of the resolution on the Motion for Reconsideration of the BAC denying its request for reconsideration . GPPB Resolution No. 18-2004: Guidelines on Termination of Contracts Section IV.1.7 Section IV.1.7 Take-over of Contracts. If a Procuring Entity terminates the Take-over of Contracts. If a Procuring Entity contract due to default, insolvency, or for cause, it may enter terminates the contract due to default, insolvency, into Negotiated Procurement pursuant to Sec. 53 (c) R.A. or for cause, it may enter into Negotiated 9184 and its IRR. Procurement pursuant to Sec. 53 (c) of R.A. 9184 and Sec. 53.3 of its IRR . GPPB Resolution No. 06-2005: Guidelines on the Use of Ordering Agreement Section 5.1 Section 5.1 The procuring entity shall package the contract for Ordering The procuring entity shall package the contract for Agreements in the most practicable manner and conduct the Ordering Agreements in the most practicable bidding using the single stage, three-envelope procedure as manner and conduct the bidding using the single prescribed in Sections 23 and 25 of R.A. 9184 and its IRR-A, stage, three-envelope two-envelope procedure as whereby bidders are to bid on a per item basis as presented prescribed in Sections 23 and 25 of R.A. 9184 and in the Ordering Agreement List. . . . its IRR-A IRR, whereby bidders are to bid on a per item basis as presented in the Ordering Agreement List. . . . Section 5.4 Section 5.4 Within a period of fifteen (15) calendar days, in case of Within a period of fifteen (15) seven (7) calendar NGAs, and thirty (30) calendar days, in case of GOCCs, from days, in case of NGAs, and thirty (30) fifteen (15) the determination/declaration of the winning bidders, the calendar days, in case of GOCCs, from the head of the procuring entity or his duly authorized determination/declaration of the winning bidders, representative shall approve or disapprove the the head of the procuring entity or his duly recommendation for award. In case of approval, a Notice of authorized representative shall approve or Award shall be issued in favor of the winning bidder. . . . disapprove the recommendation for award. In case of approval, a Notice of Award shall be issued in favor of the winning bidder. . . . GPPB Resolution No. 18-2005: Guidelines in the Determination of Eligibility of Foreign Suppliers, Contractors, and Consultants to Participate in Government Procurement Projects Section 3.1 Section 3.1 Foreign Consultant refers to an individual, sole proprietorship, Foreign Consultant refers to an individual, sole partnership, corporation or joint venture as defined in Section proprietorship, partnership, corporation or joint 24.1 (2) of the IRR-A of R.A. 9184. venture as defined in Section 24.1 (2) of the IRR- A other than those provided under Section 24.3.1 of the IRR of R.A. 9184. Section 3.4 Section 3.4 Local Consultant refers to an individual, sole proprietorship, Local Consultant refers to an individual, sole partnership, corporation or joint venture satisfying the proprietorship, partnership, corporation or joint definition of a consultant under the IRR-A of R.A. 9184 and venture satisfying the definition of a consultant complying with the relevant requirements therein. under the IRR-A as provided in Section 24.3.1 of the IRR of R.A. 9184 and complying with the relevant requirements therein. Section 4.1.3 Section 4.1.3 When the foreign supplier, manufacturer and/or distributor is When the foreign supplier, manufacturer and/or a citizen, corporation or association of a country the laws or distributor is a citizen, corporation or association regulations of which grant reciprocal rights or privileges to of a country the laws or regulations of which grant citizens, corporations or associations of the Philippines, reciprocal rights or privileges to citizens, irrespective of the availability of goods from local suppliers; or corporations or associations of the Philippines, irrespective of the availability of goods from local suppliers, subject to Item 7 herein ; or xxx xxx xxx xxx xxx xxx Section 4.2 Section 4.2 In the procurement of infrastructure projects, foreign In the procurement of infrastructure projects, contractors may be eligible to participate in the bidding if foreign contractors may be eligible to participate they form a joint venture with local contractors; provided in the bidding when provided for under any treaty that their interest in or ownership of the joint venture shall or international or executive agreement as not exceed twenty-five percent (25%). However, where the provided under Section 23.5.2.2 of the IRR of R.A. structures to be built require the application of techniques 9184 or if they form a joint venture with local and/or technologies which are not adequately possessed by a contractors; provided that their interest in or person/entity which meets the seventy-five percent (75%) ownership of the joint venture shall not exceed under Section 23.11.2 of the IRR-A, they may be eligible to twenty-five percent (25%). However, where the participate in the bidding. structures to be built require the application of techniques and/or technologies which are not adequately possessed by a person/entity which meets the seventy-five percent (75%) under Section 23.11.2 of the IRR-A , Section 23.5.2.1 of the IRR of R.A. 9184 , they may be eligible to participate in the bidding. Section 4.3 Section 4.3 In the procurement of consulting services, foreign consultants In the procurement of consulting services, foreign may be hired if local consultants do not have the sufficient consultants may be hired if local consultants do not expertise, capability, and capacity to render the services have the sufficient expertise, capability, and required under the project, as determined by the head of the capacity to render the services required under the procuring entity. project, as determined by the head of the procuring entity, in accordance with Section 24.3.3 of the IRR of R.A. 9184. Section 7.2 Section 7.2 The procuring entity shall confirm from the list of countries, The procuring entity shall confirm from the list of maintained by the Department of Foreign Affairs (DFA) and countries, maintained by the Department of as shown in the GPPB website, with which the Philippines Foreign Affairs (DFA) provided in Annex "I" of enjoys reciprocal rights on matters of eligibility of its nationals the IRR and as shown in the GPPB website, with in public procurement abroad. If the country is not in the list, which the Philippines enjoys reciprocal rights on the procuring entity shall require from the said bidder the matters of eligibility of its nationals in public submission of a sworn statement that the country of which he procurement abroad. If the country is not in the is a citizen or in which the corporation is organized and list, the procuring entity shall require from the registered grants reciprocal rights or privileges to Filipino said bidder the submission of a sworn statement citizens, corporations or associations, citing its country's that the country of which he is a citizen or in which relevant laws. the corporation is organized and registered grants reciprocal rights or privileges to Filipino citizens, corporations or associations, citing its country's relevant laws . Pending the issuance of the list or in case the foreign bidder's country is not in said list, the bidder claiming eligibility by reason of their country's extension of reciprocal rights to Filipinos shall submit a certification from the relevant government office of their country stating that Filipinos are allowed to participate in their government procurement activities for the same item/product. Section 7.3 Section 7.3 The sworn statements mentioned above shall be validated The sworn statements mentioned above said during post-qualification of bidders. certification shall be validated during post-qualification of bidders. GPPB Resolution No. 020-2005: Guidelines on Procurements Involving Foreign-Denominated Bids, Contract Prices and Payment Using Letters of Credit Section 1 Section 1 Pursuant to Section 61 of Republic Act No. 9184 and its Pursuant to Section 61 of Republic Act No. 9184 counterpart provision in the Implementing Rules and and its counterpart provision in the Implementing Regulations Part A, for the given scope of work in Rules and Regulations Part A , Implementing Rules procurement contracts as awarded, all bid prices shall be and Regulations (IRR) , for the given scope of work considered as fixed prices and, therefore, not subject to price in procurement contracts as awarded, all bid prices escalation during contract implementation, except under shall be considered as fixed prices and, therefore, extraordinary circumstances. Thus, to ensure that this policy not subject to price escalation during contract is carried out, it is required, as a matter of general rule and implementation, except under extraordinary procedure, that all contracts be denominated and paid in circumstances. Thus, to ensure that this policy is Philippine currency; except when the procuring entity agrees carried out, it is required, as a matter of general that obligations shall be settled in any other currency at the rule and procedure, that all contracts be time of payment, subject to conditions provided for under denominated and paid in Philippine currency; these guidelines. except when the procuring entity agrees that obligations shall be settled in any other currency at the time of payment, subject to conditions provided for under these guidelines. GPPB Resolution No. 19-2006: Guidelines on Procurement of Water, Electricity, Telecommunications and Internet Service Providers Section 3.2.1.4 Section 3.2.1.4 Repeat Order under Section 51 of R.A. 9184 may be resorted Repeat Order under Section 51 of R.A. 9184 may to by the procuring entity if additional lines are needed during be resorted to by the procuring entity if additional the year. For this purpose, the requirement under Section 51 lines are needed during the year. For this purpose, (c) of the IRR that the Repeat Order may only be availed of the requirement under Section 51 (c) of the IRR within six (6) months from Notice to Proceed may be that the Repeat Order may only be availed of dispensed with. within six (6) months from Notice to Proceed from the effectivity period stated in the Notice to Proceed arising from the original contract may be dispensed with. GPPB Resolution No. 12-2007: Guidelines on Non-Governmental Organization Participation in Public Procurement Section 3.2 Section 3.2 If the procuring entity decides to enter into negotiated If the procuring entity decides to enter into procurement under Section 53 (j) of the Implementing Rules negotiated procurement under Section 53 (j) of the and Regulations Part A (IRR-A) of Republic Act No. 9184 Implementing Rules and Regulations Part A (R.A. 9184), . . . . (IRR-A) Section 53.11 of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (R.A. 9184), . . . . Section 4.1 Section 4.1 When an appropriation law or ordinance specifically earmarks When an appropriation law or ordinance an amount for projects to be specifically contracted out to specifically earmarks an amount for projects to be NGOs, the procuring entity may select an NGO through specifically contracted out to NGOs, the procuring competitive public bidding or negotiated procurement under entity may select an NGO through competitive Section 53.j of the IRR-A. public bidding or negotiated procurement under Section 53.j of the IRR-A . Section 53.11 of the IRR . Section 5.1 Section 5.1 If the procuring entity decides to select the NGO through If the procuring entity decides to select the NGO competitive public bidding, it shall advertise and post the through competitive public bidding, it shall Invitation to Apply for Eligibility and to Bid in accordance advertise and post the Invitation to Apply for with Section 21.2.1 of the IRR-A. Eligibility and to Bid Invitation to Bid/Request for Expression of Interest in accordance with Section 21.2.1 of the IRR-A . IRR . Section 5.2 Section 5.2. In addition to the information enumerated under Section 21.1 In addition to the information enumerated under of the IRR-A, the Invitation to Apply for Eligibility and to Bid Section 21.1 of the IRR-A IRR , the Invitation to shall also include (i) the legal basis or appropriation law or Apply for Eligibility and to Bid Invitation to ordinance which earmarks a specific amount or project to Bid/Request for Expression of Interest shall also NGOs; and (ii) a statement that the project shall be limited to include (i) the legal basis or appropriation law or NGOs. ordinance which earmarks a specific amount or project to NGOs; and (ii) a statement that the project shall be limited to NGOs. Section 5.3 Section 5.3 The determination of an NGO's eligibility shall be based on The determination of an NGO's eligibility shall be the submission of the documents enumerated under Sections based on the submission of the documents 23.6 and 24.7.1 of IRR-A. enumerated under Sections 23.6 and 24.7.1 of IRR- A. Sections 23.1 and 24.1 of the IRR . Section 5.3.3 Section 5.3.3 To establish the financial stability of the participating NGO, To establish the financial stability of the participating audited financial statements for the past three (3) years must NGO, audited financial statement for the past three (3) be submitted under Section 23.6 (1) (i) of the IRR-A. years must be submitted under Section 23.6 (1) (i) Section 23.1 (a) (v) of the IRR-A . IRR. Section 5.3.4 Section 5.3.4 Participating NGOs need not submit the financial document Participating NGOs need not submit the financial prescribed under Section 23.6 (1) (j) of the IRR-A. document prescribed under Section 23.6 (1) (j) Section 23.1 (a) (vi) of the IRR-A . IRR. Section 6.1 Section 6.1 To ensure transparency in the selection of NGO through To ensure transparency in the selection of NGO negotiated procurement, posting shall be done in accordance through negotiated procurement, posting shall be with Section 21.2.4 of the IRR-A of R.A. 9184. done in accordance with Section 21.2.4 of the IRR-A Sections 54.2 and 54.3 of the IRR of R.A. 9184. Section 6.5 Section 6.5 After determination that the proposal submitted by the NGO After determination that the proposal submitted by with the Lowest Calculated Bid complies with the technical the NGO with the LCB complies with the technical requirements of the project, . . . : requirements of the project, . . . : Legal Documents Legal Documents a) SEC or CDA registration certificate; a) SEC or CDA registration certificate; b) Latest articles of incorporation b) Latest articles of incorporation c) Valid and current mayor's permit/municipal license; c) Valid and current mayor's permit/ municipal d) Certificate of G-EPS registration; license from the NGO's principal place of e) Taxpayer's Identification Number; and business; f) Latest tax returns and tax clearance pursuant to Executive d) Certificate of G-EPS PhilGEPS registration; Order No. 398, s. of 2005; e) Taxpayer's Identification Number; and f) Latest tax returns and tax clearance pursuant to Executive Order No. 398, s. of 2005; Technical Documents Technical Documents g) Statement of all its ongoing and completed government g) Statement of all its ongoing and completed and private contracts within the relevant period, where government and private contracts within the applicable, including contracts awarded but not yet relevant period, where applicable, including started, if any in accordance with Section 23.6 (f) of the contracts awarded but not yet started, if any, in IRR-A of R.A. 9184; accordance with Section 23.6 (f) of the IRR-A Section 23.1 (a) (iii) of the IRR of R.A. 9184; xxx xxx xxx xxx xxx xxx Financial Documents Financial Documents h) Audited financial statements for the past three (3) years, h) Audited financial statements for the past three stamped "received" by the BIR or its duly accredited and (3) years, stamped "received" by the BIR or its authorized institutions, for the immediately preceding duly accredited and authorized institutions, for calendar year, showing, among others, its total and the immediately preceding calendar year , current assets and liabilities. showing, among others, its total and current assets and liabilities. GPPB Resolution No. 18-2007: Implementing Guidelines on Agency-to-Agency Agreements IMPLEMENTING GUIDELINES IMPLEMENTING GUIDELINES ON AGENCY-TO-AGENCY ON AGENCY-TO-AGENCY AGREEMENTS AGREEMENTS Negotiated Procurement under Negotiated Procurement under Section 53 (e) Section 53 (e) of IRR-A of IRR-A Section 53.5 of the IRR Section 1, 2nd Paragraph Section 1, 2nd Paragraph Thus, in accordance with Section 10 of Republic Act No. Thus, in accordance with Section 10 of Republic (R.A.) 9184 and its Implementing Rules and Regulations Act (R.A.) No. 9184 and its Implementing Rules Part A (IRR-A), all procurement shall be done through open and Regulations Part A (IRR-A) Implementing and competitive public bidding. Only in highly exceptional Rules and Regulations (IRR) , all procurement shall cases, and when justified by the conditions prescribed under be done through open and competitive public these guidelines, can the procuring entity procure from bidding. Only in highly exceptional cases, and another government agency under the 1st paragraph of when justified by the conditions prescribed under Section 53 (e) of the IRR-A of R.A. 9184. these guidelines, can the procuring entity procure from another government agency under the 1st paragraph of Section 53 (e) of the IRR-A Section 53.5 of the IRR of R.A. 9184. Section 2 Section 2 These guidelines are being issued to strictly prescribe the These guidelines are being issued to strictly conditions when a government agency may procure from prescribe the conditions when a government another government agency without need of public bidding agency may procure from another government pursuant to the 1st paragraph of Section 53 (e) of the IRR-A agency without need of public bidding pursuant to of R.A. 9184 (hereinafter, referred to as Agency-to-Agency 1st paragraph of Section 53 (e) of the IRR-A Agreements). Section 53.5 of the IRR of R.A. 9184 (hereinafter, referred to as Agency-to-Agency Agreements). Section 4 (c) Section 4 (c) Servicing Agency shall refer to the agency which delivers the Servicing Agency shall refer to the agency which goods, undertakes the infrastructure project, or provide delivers the goods, undertakes the infrastructure consulting services. project, or provide consulting services. However, in accordance with Section 53 (e) of the IRR-A of However, in accordance with Section 53 (e) of the R.A. 9184, as amended, GOCCs incorporated under Batas IRR-A Section 53.5 of the IRR of R.A. 9184, as Pambansa Blg. 168 or the Corporation Code of the amended, GOCCs incorporated under Batas Philippines, which are vested with proprietary functions to Pambansa Blg. 168 or the Corporation Code of the enable them to compete with the private sector, are excluded Philippines, which are vested with proprietary from the definition of Servicing Agency, and thus, not functions to enable them to compete with the qualified to act as Servicing Agency under the 1st paragraph private sector, are excluded from the definition of of Section 53 (e) of the IRR-A of R.A. 9184. Servicing Agency, and thus, not qualified to act as Servicing Agency under the 1st paragraph of Section 53 (e) of the IRR-A Section 53.5 of the IRR of R.A. 9184. Section 6 (f) Section 6 (f) For purposes of transparency, the Procuring Agency shall For purposes of transparency information, the post for a period of seven (7) calendar days, general Procuring Agency shall post for a period of seven information pertaining to the procurement activity (7) calendar days, general information pertaining conducted, in the following areas: to the procurement activity conducted , the Notice of Award in the following areas: i. Philippine Government Electronic Procurement System i. Philippine Government Electronic or (PhilGEPS); Procurement System or (PhilGEPS); ii. Website of the Procuring Agency and its electronic ii. Website of the Procuring Agency and its service provider, if any; and electronic service provider , if any; and iii. Any conspicuous place in the premises of the Procuring . iii. Any conspicuous place in the premises of the Agency Procuring Agency. GPPB Resolution No. 24-2007: Guidelines on the Procurement of Security and Janitorial Services Section 1.0 Section 1.0 Under Section 5 (h) of Republic Act No. 9184 (R.A. 9184), Under Section 5 (h) of Republic Act No. 9184 as reiterated in Section 5 (k) of its Implementing Rules and (RA. 9184), as reiterated in Section 5 (k) of its Regulations Part A (IRR-A), procurement of general support Implementing Rules and Regulations Part A (IRR- services, including non-personal or contractual services, . . . . A) Section 5 (r) of its Implementing Rules and Regulations (IRR) , procurement of general support services, including non-personal or contractual services, . . . . Section 4.2 Section 4.2 To determine compliance with these parameters, procuring To determine compliance with these parameters, entity may require additional documents or materials as part procuring entity may require additional documents of the bidder's technical proposal. These additional documents or materials as part of the bidder's technical or materials must be expressly stated in Item 14.1 (j) of the proposal. These additional documents or materials Bid Data Sheet consistent with Item 11, Section 25.3 (A) of must be expressly stated in Item 14.1 (j) of the Bid the IRR-A of R.A. 9184. Data Sheet consistent with Item 11, Section 25.3 (A) of the IRR-A of R.A. 9184 Section VII: Technical Specifications of the PBDs for the Procurement of Goods consistent with Section 25.2. (a) (iii) of the IRR of R.A. 9184. Revised Guidelines on Contract Price Escalation Section 5.6 Section 5.6 Recommendation/Approval . Pursuant to Section 61.2 of the Recommendation/Approval . Pursuant to Section IRR-A of R.A. 9184, the burden of proving the occurrence 61.2 Section 61.3 of the IRR-A IRR of R.A. 9184, of extraordinary circumstances that will allow for price the burden of proving the occurrence of extraordinary escalation shall rest with the procuring entity requesting for circumstances that will allow for price escalation shall such escalation. NEDA shall only respond to such request rest with the procuring entity requesting for such after receiving the necessary proof and documentation. . . . escalation. NEDA shall only respond to such request after receiving the necessary proof and documentation. . . . Sec. 37.4.2 of the Revised IRR The procuring entity, through the BAC Secretariat, shall post The procuring entity, through the BAC Secretariat, a copy of the Notice to Proceed and the approved contract in shall post a copy of the Notice to Proceed and the the PhilGEPS or the website of the procuring entity, if any, approved contract in the PhilGEPS or and the within fifteen (15) calendar days from the issuance of the website of the procuring entity, if any, within Notice to Proceed. fifteen (15) calendar days from the issuance of the Notice to Proceed. Sec. 54.2 of the Revised IRR For alternative methods of procurement, advertisement and For alternative methods of procurement, posting as prescribed in Section 21.2.1 of this IRR may be advertisement and posting as prescribed in Section dispensed with: Provided, however, That the BAC, through 21.2.1 of this IRR may be dispensed with: its Secretariat, shall post the invitation or request for Provided, however, That the BAC, through its submission of price quotations for Shopping under Sections Secretariat, shall post the invitation or request for 52.1 (b) and Negotiated Procurement under Sections 53.1 submission of price quotations for Shopping under (two-failed biddings) and 53.9 (small value procurement) of Sections 52.1 (b) and Negotiated Procurement this IRR in the PhilGEPS website, the website of the under Sections 53.1 (two-failed biddings), 53.9 procuring entity concerned, if available, and at any (small value procurement); and 53.11 (NGO conspicuous place reserved for this purpose in the Participation) of this IRR in the PhilGEPS premises of the procuring entity for a period of seven (7) website, the website of the procuring entity calendar days. concerned, if available, and at any conspicuous place reserved for this purpose in the premises of the procuring entity for a period of seven (7) calendar days. Annex "E" of the Revised IRR: Contract Implementation Guidelines for the Procurement of Infrastructure Projects Section 1.5 (b) Section 1.5 (b) The Head of the Procuring Entity or his duly authorized The Head of the Procuring Entity or his duly representative, upon receipt of the proposed Change Order authorized representative , procuring entity's or Extra Work Order shall immediately instruct the technical representative/Project Engineer , upon receipt of staff to conduct an on-the-spot investigation to verify the the proposed Change Order or Extra Work Order need for the work to be prosecuted. A report of such shall immediately instruct the technical staff of the verification shall be submitted directly to the Head of the Region to conduct an on-the-spot investigation to Procuring Entity or his duly authorized representative. verify the need for the work to be prosecuted. A report of such verification shall be submitted directly to the Head of the Procuring Entity or his duly authorized representative . procuring entity's representative/Project Engineer . Section 1.5 (c) Section 1.5 (c) The Head of the Procuring Entity or his duly authorized The Head of the Procuring Entity or his duly representative, after being satisfied that such Change Order authorized representative , procuring entity's or Extra Work Order is justified and necessary, shall review representative/Project Engineer , after being the estimated quantities and prices and forward the proposal satisfied that such Change Order or Extra Work with the supporting documentation to the Head of the Order is justified and necessary, shall review the Procuring Entity for consideration. estimated quantities and prices and forward the proposal with the supporting documentation to the Head of the Procuring Entity or his duly authorized representative for consideration. xxx xxx xxx xxx xxx xxx Provided, however, That such approval is valid on work done Provided, however, That such approval is valid on up to the point where the cumulative increase in value of work work done up to the point where the cumulative on the project which has not yet been duly fully approved increase in value of work on the project which has does not exceed five percent of the adjusted original contract not yet been duly fully approved does not exceed price whichever is less; five percent of the adjusted original contract price whichever is less ; Section 3.1 (a) Section 3.1 (a) The Head of the Procuring Entity or his duly authorized The Head of the Procuring Entity or his duly representative may, subject to the availability of funds, . . . . authorized representative procuring entity's representative/Project Engineer may, subject to the availability of funds, . . . . Section 3.1 (b) Section 3.1 (b) For a Change Order or Extra Work Order involving a For a Change Order or Extra Work Order cumulative amount exceeding five percent (5%) of the involving a cumulative amount exceeding five original contract price, no work thereon may be commenced percent (5%) of the original contract price, no unless said Change Order or Extra Work Order has been work thereon may be commenced unless said approved by the Head of the Procuring Entity or his duly Change Order or Extra Work Order has been authorized representative. approved by the Head of the Procuring Entity or his duly authorized representative . procuring entity's representative/Project Engineer . GPPB RESOLUTION NO. 004-2011 APPROVING AMENDMENTS TO THE GUIDELINES ON THE PROCUREMENT OF PRINTING SERVICES The Government Procurement Policy Board (GPPB), under Section 63 of Republic Act (RA) 9184 and its Implementing Rules and Regulations (IRR), is mandated to formulate and amend public procurement policies, rules and regulations, and amend the IRR, whenever necessary. Pursuant to Section 29 of RA 9970 (General Appropriations Act of 2010), procuring entities have the option to engage the services of private printers for their printing and publication expenditures, subject to public bidding in accordance with RA 9184 and pertinent accounting and auditing rules and regulations, provided, that the printing of accountable forms and sensitive high quality/volume printing requirements shall only be undertaken by recognized government printers, namely: Bangko Sentral ng Pilipinas, National Printing Office and APO Production Unit, Inc. The 2010 Veto Message of former President Gloria Macapagal-Arroyo states that the Government Procurement Policy Board (GPPB), as the procurement policy arm of the Government, should define and set the criteria or standards in determining what constitutes sensitive high quality/volume printing requirements which may be undertaken by the named government printers without the need for public bidding. Consequently, implementation of this provision should be subject to guidelines to be issued by the GPPB. After extensive consultations and deliberations by the Inter-Agency Technical Working Group (IATWG), together with the stakeholders and the Government Procurement Policy Board-Technical Support Office, the IATWG approved the guidelines and agreed to favorably recommend the same for the approval of the GPPB. The GPPB, during its meeting held last 29 October 2010, discussed the guidelines on procurement of printing services and approved the same through GPPB Resolution No. 05-2010. In light of the enactment of RA 10147 (General Appropriations Act of 2011), and considering the requests for clarification from various government agencies, the GPPB discussed the applicability of the Guidelines during its 2nd Regular Board Meeting last 25 February 2011. During said meeting, the GPPB agreed that the Guidelines remains applicable inasmuch as the policy enunciated in the GAA of 2010 was entirely adopted in the GAA of 2011 as evident on the verbatim repetition of Section 29 of the GAA of 2010 in Section 25 of the GAA of 2011. In this regard, the GPPB further agreed to amend the policy statement of the said guidelines to clarify that it shall be applicable to succeeding GAAs, unless a contrary or inconsistent policy is adopted. NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt and approve, as WE hereby confirm, adopt and approve, the following: Policy Statement 1.1 Pursuant to the relevant provisions of the General Appropriations Act, procuring entities have the option to engage the services of private printers for their printing and publication expenditures, subject to public bidding in accordance with RA 9184 and pertinent accounting and auditing rules and regulations. This resolution shall take effect immediately. APPROVED this 25th day of February 2011 at Manila, Philippines. By: Department of Budget and Management National Economic and Development Authority (SGD.) Department of National Defense (SGD.) Department of Public Works and Highways (SGD.) Department of Education (SGD.) Department of Energy (SGD.) Department of the Interior and Local Government (SGD.) Department of Health (SGD.) Department of Trade and Industry (SGD.) Department of Finance (SGD.) Department of Transportation and Communications (SGD.) Department of Science and Technology (SGD.) Private Sector Representative Attested by: (SGD.) DENNIS LORNE S. NACARIO Board Secretary, GPPB OIC-Executive Director, GPPB-TSO GPPB RESOLUTION NO. 005-2010 APPROVING THE GUIDELINES ON THE PROCUREMENT OF PRINTING SERVICES WHEREAS, pursuant to Section 29 of Republic Act (RA) 9970 (General Appropriations Act of 2010), procuring entities have the option to engage the services of private printers for their printing and publication expenditures, subject to public bidding in accordance with RA 9184 and pertinent accounting and auditing rules and regulations: PROVIDED, that the printing of accountable forms and sensitive high quality/volume printing requirements shall only be undertaken by recognized government printers, namely: Bangko Sentral ng Pilipinas, National Printing Office and APO Production Unit, Inc.; WHEREAS, the 2010 Veto Message of former President Gloria Macapagal-Arroyo states that the Government Procurement Policy Board (GPPB), as the procurement policy arm of the Government, should define and set the criteria or standards in determining what constitutes sensitive high quality/volume printing requirements which may be undertaken by the named government printers without the need for public bidding. Consequently, implementation of this provision should be subject to guidelines to be issued by the GPPB; WHEREAS, in a meeting held last 27 August 2010, the Technical Support Office (TSO) together with the representatives from BSP, NPO, PIA, APO Production Unit Inc., COMELEC and Presidential Communications Operations Office (PCOO) review the draft guidelines on the procurement of printing requirements; WHEREAS, during the 7th and 8th Inter-Agency Technical Working Group Meeting held last 17 September 2010 and 15 October 2010, the TSO presented the draft guidelines on the procurement of printing requirements for deliberations; WHEREAS, in a meeting held last 22 October 2010, the Inter-Agency Technical Working Sub-Group presented the draft guidelines to the stakeholders for further suggestions and comments; AICEDc WHEREAS, the Inter-Agency Technical Working Sub-Group, to whom the review and finalization of the draft guidelines was delegated to, has approved the guidelines, and agreed to favorably recommend these for the final approval of the GPPB; NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt and approve, as WE hereby confirm, adopt and approve, the IMPLEMENTING GUIDELINES ON THE PROCUREMENT OF PRINTING REQUIREMENTS, attached as Annex "A" to, and made an integral part of, this resolution. This resolution shall take effect immediately. APPROVED this 29th day of October 2010 at Pasig City, Philippines. By: (SGD.) Department of Budget and Management National Economic and Development Authority (SGD.) Department of National Defense (SGD.) Department of Public Works and Highways (SGD.) Department of Education Department of Health Department of the Interior and Local Government Department of Energy (SGD.) Department of Trade and Industry (SGD.) Department of Finance (SGD.) Department of Transportation and Communications Department of Science and Technology (SGD.) Private Sector Representative Attested by: (SGD.) DENNIS LORNE S. NACARIO Board Secretary, GPPB OIC-Executive Director, GPPB-TSO ANNEX A GUIDELINES ON THE PROCUREMENT OF PRINTING SERVICES 1. Policy Statement 1.1. Pursuant to Section 29 of Republic Act (RA) 9970 (General Appropriations Act of 2010), procuring entities have the option to engage the services of private printers for their printing and publication expenditures, subject to public bidding in accordance with RA 9184 and pertinent accounting and auditing rules and regulations. ACEIac 1.2. However, printing of Accountable Forms and Sensitive High Quality/Volume Requirements shall only be undertaken by the recognized government printers, namely: Bangko Sentral ng Pilipinas, National Printing Office, and APO Production Unit, Inc. 2. Scope and Application 2.1. These guidelines shall govern the procurement of printing services for accountable forms by the national government, its branches, constitutional offices, departments, bureaus, offices, agencies, and instrumentalities, including state universities and colleges, government owned/controlled corporations, government financial institutions, and local government units. 2.2. It shall not apply to official ballots and election paraphernalia, including statement of votes, certificates of canvass, and paper seals, which is covered by Section 184 of Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the Philippines and Section 13 of RA 9369. 3. Definition of Terms For the purpose of these guidelines, the following terms shall have the corresponding meanings: a. Accountable Forms. Refer to forms that are individually identified, accounted for, and afforded appropriate security. The list of accountable forms shall be provided in Annex A hereof. b. Recognized Government Printers (RGPs). Refer to the printers acknowledged by the government to undertake the printing of accountable forms for other government agencies as provided for under Section 29 of RA 9970, namely, Bangko Sentral ng Pilipinas , National Printing Office, and APO Production Unit, Inc. c. Sensitive High Quality/Volume Requirements. Refer to printing requirements that are sensitive and of high quality or high volume determined as such by the procuring entity. 4. Procedure 4.1. The procuring entity shall determine whether a printing expenditure is for an Accountable Form or for a Sensitive High Quality/Volume document. 4.2. The procuring entity shall prepare the technical specifications for the Accountable Forms or Sensitive High Quality/Volume printing requirement, which shall include, among others, the prescribed security features, output quantity, and target completion time. 4.3. It shall then conduct a market analysis to determine the Approved Budget for the Contract (ABC) taking into consideration the prevailing standard cost for its printing requirements. 4.3.1. The procuring entity may seek the assistance of the PCOO in determining whether no RGP is capable of undertaking the printing service. TCacIE 4.3.2. Upon determination by the PCOO that no RGP can undertake the printing service due to time constraints and equipment limitations, the procuring entity may engage the services of private printers. 4.4. Thereafter, the procuring entity shall send a Request for Quotation (RFQ) to the RGPs. The quotations received will be evaluated by the procuring entity to determine which among the RGPs is most capable in performing the printing service in the most advantageous terms for the procuring entity. 4.4.1. In case the offer submitted by an RGP exceeds the ABC set by the procuring entity, it may request the Presidential Communications Operations Office (PCOO) to determine (i) whether the offer of the RGP is excessive; and (ii) set the appropriate rate for such transaction. 4.5. The procuring entity shall then engage the services of the appropriate RGP through an Agency-to-Agency Agreement pursuant to Section 53.5 of the IRR of RA 9184. 4.6. The appropriate RGP engaged by the procuring entity shall directly undertake the printing services for the contracts entered into, and cannot engage, subcontract, or assign any private printer to undertake the performance of the printing service. 5. Effectivity These guidelines shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation. A. Accountable forms identified by the recognized government printers. 1. Official Receipt with RP Seal (water mark) 2. Carbonless Official Receipt 3. Official Receipt with RP Seal 4. Certificate of Record of Transfer of Large Cattle 5. Certificate of Ownership of Large Cattle 6. Marriage License 7. Birth Certificate 8. Death Certificate 9. Cash Ticket P0.25 10. Cash Ticket P0.50 11. Cash Ticket P1.00 12. Cash Ticket P5.00 13. Cash Ticket P10.00 14. Real Property Tax Receipt 15. Slaughter Permit and Fee Receipts 16. City/Municipal Burial Permit and Fee Receipt 17. General Journal HTSIEa 18. Cash Receipts Journal 19. Cash Journal 20. Check Disbursements Journal 21. Cash Disbursements Journal 22. General Ledger 23. Subsidiary Ledger 24. Property, Plant and Equipment Ledger Card 25. Property, Plant and Equipment Ledger Card Specific Item 26. Supplies Ledger Card 27. Construction in Progress Ledger Card 28. Investments Ledger Card 29. Registry of Appropriations and Allotments 30. Registry of Allotments and Obligations Capital Outlay (RAOCO) 31. Registry of Allotments and Obligations Maintenance and Other Operating Expenses (RAOMO) 32. Registry of Allotments and Obligations Personal Services (PS) 33. Registry of Allotments and Obligations Financial Expenses (RAOFE) 34. Registry of Allotments and Notice of Cash Allocation 35. Registry of Public Infrastructures Specific Project 36. Registry of Public Infrastructures Summary 37. Registry of Reforestation Projects 38. Registry of Dormant Accounts 39. Registry of Accounts Written-Off 40. Registry of Loan Availments and Repayments Foreign Individual 41. Registry of Loan Availments and Repayments Foreign Summary 42. Registry of Loan Availments and Repayments Domestic Individual 43. Registry of Loan Availments and Repayments Domestic Summary 44. Registry of Grant Availments and Utilization Foreign Individual Donor 45. Registry of Grant Availments and Utilization Foreign Summary 46. Registry of Grant Availments and Utilization Domestic Individual Donor 47. Registry of Grant Availments and Utilization Domestic Summary 48. Registry of Guaranteed Loans Domestic 49. Registry of Guaranteed Loans Foreign 50. Cash Receipts Record 51. Check Disbursements Record 52. Cash Disbursement Record 53. Stock Card 54. Property Card 55. Drug/s Prescriptions 56. Journal Entry Voucher 57. Allotment and Obligation Slip 58. Order of Payment IcSEAH 59. Disbursement Voucher 60. Petty Cash Voucher 61. General Payroll 62. Itinerary of Travel 63. Payroll Payment Slip 64. Index of Payments 65. Supplies Availability Inquiry 66. Requisition and Issue Slip 67. Purchase Request 68. Purchase Order 69. Acknowledgment Receipt for Equipment 70. Report of Collections and Deposits 71. Reports of Checks Issued 72. Report of Disbursements 73. Petty Cash Replenishment Report 74. Liquidation Report 75. Report of Supplies and Materials issued 76. Waste Materials Report 77. Inventory and Inspection 78. Report of Unserviceable Property 79. Report on the Physical Count of Property, Plant and Equipment 80. Inspection and Acceptance Report 81. Report of Accountability for Accountable Forms 82. Work, Other Animals and Breeding Stocks Ledger Card 83. Supplies Availability Inquiry 84. Abstract of Real Property Tax Collections 85. Community Tax Receipts/Certificates 86. Memorandum Receipt for Equipment, Semi-Expandable and Non-Expandable Property 87. Livestock Ledger Card (New Form) 88. Daily Statement of Collection and Accountable Form 89. Bill of Lading 90. Invoice and Receipt for Transfer 91. Abstract of Receipt and Account Current 92. Power of Attorney 93. Bond of Indemnity. For Issue of Due Warrant 94. Quarterly Report of Cash Balance of Disbursing officer 95. Reimbursement Receipt 96. Abstract of Sub-Vouchers 97. Invoice and Receipt of Accountable Forms 98. Supplies Adjustment Sheet Wide 99. Supplies Adjustment Sheet Narrow 100. Supplies Adjustment Sheet Small 101. Official Cash Book Large cIADaC 102. Official Cash Book Small 103. Official Cash Book Pocket Size 104. Request for Bonding Officials and Employees 105. Monthly Statement of Monthly Subsidiary Ledger Balance 106. L/L Bdr./Sec. P&K A.F. 79 107. Inventory Tag Card 108. Certificate of Discharge from Prison 109. Account Current of Accountable Forms 110. Cover for Provincial Form No. 140/RPA Forms 111. Bolts for Real Property Forms 112. Summary of Collections 113. Abstract of Deposits and Trust Funds 114. Time Card for Bundy Clock 115. Treasurer's Journal of Coll'n./Dep. 116. Treasurer's Journal of Cash Disbursement 117. Treasurer's Journal of Cash Issued 118. Treasurer's Journal of Bills Rendered 119. Declaration of Real Properties-White, Front and Back 120. Declaration of Real Properties-Copies, Front and Back (1-Blue) 121. Declaration of Real Properties-Copies, Front and Back (1-Canary) 122. Declaration of Real Properties-One Side 123. Real Property Field Appraisal & Assessment Sheet, Land, Plants, & Trees 124. Real Property Field Appraisal & Assessment Sheet, Building 125. Real Property Field Appraisal & Assessment Sheet, Machinery 126. Assessment Roll 127. Journal of Assessment Transaction 128. Ownership Record Form 129. Property Record Card 130. Municipal Treasurer's Account Book 131. Register of Marriage 132. Register of Birth 133. Register of Death 134. Director's Minute Book 135. Personal Appearance 136. Affidavit of Official Priest or Minister 137. Sworn Statement Advice Parent Ask 138. Comparative Statement of Market/Slaughter 139. Application of Marriage License 140. ID Certificate of Marriage License 141. Consent of Marriage aETAHD 142. Notice of Re-applicants 143. Marriage Contract 144. Register of Application Marriage License 145. Certificate of Birth 146. Certificate of Death 147. Certificate of Fetal Death 148. Municipal Treasurer's Journal of Collection and Deposit 149. Certificate of Foundling 150. Register of Foundling 151. Register of Court Decree/Order 152. Register of Legal Instrument 153. Application for Vacation Leave of Absence 154. Oath of Office 155. Appointment (Rev. 1993) 156. Medical Certificate 157. Daily Time Record 158. Acceptance of Resignation 159. Service Record 160. Medical Certificate for Employment 161. Personal Data Sheet 162. Employees Leave Card 163. Court Civil Docket 164. Court Criminal Docket 165. Statement of Daily Market Purchase 166. In-Patient Record 167. Doctor's Prescription 168. Outside Patient Record Form 169. Record Admission 170. Record of Person Subsisted 171. Monthly Subsistence Report 172. Pharmacist's Record of Issues 173. Pharmacist's Monthly Report of Drug Medicine Issued 174. Record of Services Outside Patients 175. Record of Hospital Collections 176. Temperature Record 177. Treatment Record 178. Patient's Ledger Card 179. Laboratory Request 180. Clinical Laboratory Record 181. Extension Post 182. Surgical Memorandum 183. Clinical Case Record 184. History Record 185. Requisition of Equipment & Supplies 186. Report of Medical Examination 187. Record of Accountable Forms ICTcDA 188. Local Government Code 189. Auditing Requirement Typical Disbursement 190. Paper cover 191. Checks (Personal, MDS Commercial, Commercial & Continuous Form Checks, Manager's) 192. Stickers 193. Ordinance Violation Receipts 194. Special Bank Receipts 195. Bill Assessment Form 196. Gatepass 197. Declaration of Admission 198. Tickets (Parking, Terminal Fee, Admission, RORO) 199. Admission Tickets 200. Radio Station License 201. Ship Station License 202. Television Receiver License 203. Dealer's Permit 204. Aircraft Station License 205. Withdrawal Certificate for Manufactured Petroleum Products 206. Passport Slip 207. Authentication Slip 208. Form No. 89 209. Port User's Pass 210. Water Bill Receipts 211. Blank Security Paper 212. Qualification Doc. Certificate 213. Form No. 162 Certificate of Payment 214. Form No. 36 Boat Note 215. Import Entry Declaration Form 216. Form 232 Authority to Change Bond Slip 217. Form 218 Certificate of Identification 218. Form 86 Inspector Certificate of Lading 219. Form 219 Cert. of Inspection & Loading 220. Form 237 Entry Rider 221. Form 116 Statement of Receipt of Duties Collections on Informal Entry 222. Short Term Promissory Note 223. Certificate of Competency-Seafarers 224. Vehicle Pass 225. Boat Note 226. Authority to Withdraw 227. Computation Sheet 228. Authority to Issue 229. Empty Sack Receipt 230. Empty Sack Issue 231. Gas & Oil Issuance Slip 232. Guidance & Counseling Certificate 233. Electronic Letter of Authority 234. Tax Payer's Information Sheet 235. Provisional Receipts 236. Provisional Receipts cEITCA 237. Special Allotment Release Order 238. Notice of Cash Allocation 239. Service Stamps 240. Authentication Certificate 241. Postal IDs 242. Diplomas 243. Transcript of Records 244. Registration Forms 245. Departure and Arrival Card 246. Terminal Fees Tickets 247. Permit to Carry Firearms 248. Motor Vehicle Registration Certificate 249. Parking Tickets 250. Market Tickets 251. All Official Receipts of Provincial and Treasurer's Offices of Local Government Units 252. Dangerous Drugs Prescription Form 253. All Accountable Forms of Government Hospitals 254. Seaman's Book 255. Passport 256. Documentary Stamps B. Accountable forms identified as such by procuring entities, such as the following: 1. LTO and LTFRB accountable forms 2. POEA accountable forms 3. MMDA accountable forms 4. OWWA accountable forms 5. TESDA accountable forms 6. National Statistics Office accountable forms 7. Bureau of Customs accountable forms 8. SSS accountable forms 9. GSIS accountable forms 10. MARINA accountable forms 11. MMDA accountable forms 12. LRA accountable forms 13. DFA accountable forms 14. PAG-IBIG accountable forms 15. DBP accountable forms 16. PPA accountable forms 17. PRC accountable forms 18. PHILPOST accountable form 19. NFA accountable forms 20. DTI accountable forms 21. MIAA accountable forms 22. SBMA accountable forms aEHADT 23. BFAD accountable forms 24. PEZA Forms 8104; 8105; 8106; 8110; 8112 25. PCSO Lotto Cards 26. NBI Clearance Forms (Local and Travel) 27. DepEd forms (Form 138; Form 137; Test Materials) 28. MMDA Motor Vehicle Violations Receipts GPPB RESOLUTION NO. 008-2011 APPROVING AMENDMENTS TO ANNEX "E" OF THE REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184 WHEREAS, Republic Act (RA) No. 9184, entitled "An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and For Other Purposes," took effect on 26 January 2003, while its Implementing Rules and Regulations (IRR) Part A took effect on 8 October 2003; WHEREAS, the Government Procurement Policy Board (GPPB), under Section 63 of the RA 9184 and its IRR-A, is mandated to formulate and amend public procurement policies, rules and regulations, and amend the IRR, whenever necessary; AHSEaD WHEREAS, after extensive consultation and deliberations, the GPPB approved the Revised IRR of RA 9184 through GPPB Resolution 03-2009 during its meeting held last 22 July 2009. It was published in a Supplemental Issue of the Official Gazette last 3 August 2009, and took effect on 2 September 2009; WHEREAS, in a meeting held on 28 January 2011, the GPPB and its Inter Agency Technical Working Group (IATWG) agreed to revise portions of Annex "E" of the Revised IRR pertaining to the process and conditions for grant of variation orders as embodied in its Resolution 03-2011 published in the Manila Times on 6 April 2011; WHEREAS, to avoid vague understanding and ambiguous interpretation of the processes and conditions for granting variation orders, there is a need to clarify and revise Sections 1.5 and 3.1 of Annex "E" of the revised IRR; WHEREAS, in a meeting held on 7 October 2011, the GPPB discussed the unclear and equivocal provisions and deliberated on the corrections necessary to provide a clear and unambiguous guidance on the proper process and considerations for granting variation orders; NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt and approve, as WE hereby confirm, adopt and approve, the following revisions to Sections 1.5 and 3.1 of Annex "E" of the IRR of RA 9184: CURRENT PROVISION APPROVED REVISION Section 1.5 In claiming for any Variation Order, the In claiming for any Variation Order, the contractor shall, within seven (7) calendar contractor shall, within seven (7) calendar days after such work has been commenced or days after such work has been commenced after the circumstances leading to such pursuant to Section 3.2 hereof; or, within condition(s) leading to the extra cost, and twenty-eight (28) calendar days after the within twenty-eight (28) calendar days deliver circumstances or reasons justifying a claim a written communication giving full and for leading to such condition(s) leading to the detailed particulars of any extra cost in order extra cost shall have occurred, and within that it may be investigated at that time. Failure twenty-eight (28) calendar days deliver a to provide either of such notices in the time written communication notice giving full and stipulated shall constitute a waiver by the detailed particulars of any extra cost in order contractor for any claim. The preparation and that it may be investigated at that time. Failure submission of Variation Orders are as to provide either of such notices in the time follows: stipulated shall constitute a waiver by the contractor for any claim. The preparation and submission of Variation Orders are as follows: a) If the procuring entity's No revision representative/Project Engineer believes that a Change Order or Extra Work Order should be issued, he shall prepare the proposed Order accompanied with the notices submitted by the contractor, the plans therefor, his computations as to the quantities of the additional works involved per item indicating the specific stations where such works are needed, the date of his inspections and investigations thereon, and the log book thereof, and a detailed estimate of the unit cost of such items of work, together with his justifications for the need of such Change Order or Extra Work Order, and shall submit the same to the Head of the Procuring Entity for approval. b) The procuring entity's b) The Head of the Procuring Entity or representative/Project Engineer, upon his duly authorized representative receipt of the proposed Change Order or procuring entity's representative/Project Extra Work Order shall immediately Engineer , upon receipt of the proposed instruct the technical staff of the Region Change Order or Extra Work Order shall to conduct an on-the-spot investigation to immediately instruct the appropriate verify the need for the work to be technical staff or office of the procuring prosecuted. A report shall be submitted entity of the Region to conduct an on-the- directly to the procuring entity's spot investigation to verify the need for representative/Project Engineer. the work to be prosecuted and to review the proposed plan, quantities, and prices of the work involved. A report shall be submitted directly to the procuring entity's representative/Project Engineer. c) The procuring entity's c) The procuring entity's representative/Project Engineer, after representative/Project Engineer, after being satisfied that such Change Order or being satisfied that such Change Order or Extra Work Order is justified and Extra Work Order is justified and necessary, shall review the estimated necessary, shall review the estimated quantities and prices and forward the quantities and prices and forward the proposal with the supporting proposal with the supporting documentation to the Head of the documentation technical staff or Procuring Entity or his duly authorized appropriate office of the procuring representative for consideration. entity shall submit a report of their findings and recommendations, together with the supporting documents, to the Head of the Procuring Entity or his duly authorized representative for consideration. d) If, after the review of the plans, quantities d) If, after the review of the plans, quantities and estimated cost of the items of work and estimated cost of the items of work involved, the proper office of the involved, the proper office of the procuring entity empowered to review procuring entity empowered to review and and evaluate Change Orders or Extra evaluate Change Orders or Extra Work Work Orders recommends approval Orders recommends approval thereof, the thereof, the Head of the Procuring Entity The Head of the Procuring Entity or his or his duly authorized representative, duly authorized representative, acting believing the Change Order or Extra upon the recommendation of the Work Order to be in order, shall approve technical staff or appropriate office, the same. shall approve believing the Change Order or Extra Work Order after being satisfied that the same is justified, necessary, and to be in order, shall approve the same . e) The timeframe for the processing of the No revision Variation Orders from the preparation up to the approval by the procuring entity concerned shall not exceed thirty (30) calendar days. Section 3.1 Under no circumstances shall a contractor 3.1. Under no circumstances shall a proceed to commence work under any contractor proceed to commence work Change Order or Extra Work Order unless it under any Change Order or Extra Work has been approved by the Head of the Order unless it has been approved by the Procuring Entity or his duly authorized Head of the Procuring Entity or his duly representative. Exceptions to the preceding authorized representative. Exceptions to rule are the following: the preceding rule are the following : a. The Head of the Procuring Entity or his 3.2. However, under any of the following duly authorized representative may, conditions, the procuring entity's subject to the availability of funds, representative/Project Engineer The authorize the immediate start of work Head of the Procuring Entity or his duly under any Change Order or Extra Work authorized representative may, subject to Order under any or all of the following the availability of funds and within the conditions: limits of his delegated authority, In the event of an emergency where authorize allow the immediate start of i) the prosecution of the work is urgent work under any Change Order or Extra to avoid detriment to public service, Work Order under any or all of the or damage to life and/or property; following conditions : and/or i) In the event of an emergency where the prosecution of the work is urgent ii) When time is of the essence; to avoid detriment to public service, or damage to life and/or property; and/or ii) When time is of the essence; Provided, however , That such approval is Provided, however , That such approval is valid on work done up to the point where valid on work done up to the point where the cumulative increase in value of work the cumulative increase in value of work on the project which has not yet been on the project which has not yet been duly fully approved does not exceed five duly fully approved does not exceed five percent (5%) of the adjusted original percent (5%) of the adjusted original contract price whichever is less; contract price whichever is less ; Provided further , That immediately after the No revision start of work, the corresponding Change Order or Extra Work Order shall be prepared and submitted for approval in accordance with the above rules herein set. Payments for works satisfactorily accomplished on any Change Order or Extra Work Order may be made only after approval of the same by the Head of the Procuring Entity or his duly authorized representative. b. For a Change Order or Extra Work Order Provided, finally , That for a Change Order involving a cumulative amount exceeding or Extra Work Order involving a five percent (5%) of the original contract cumulative amount exceeding five price, no work thereon may be commenced percent (5%) of the original contract unless said Change Order or Extra Work price, no work thereon may be Order has been approved by the procuring commenced unless said Change Order or entity's representative/Project Engineer. Extra Work Order has been approved by the Head of the Procuring Entity or his duly authorized representative procuring entity's representative/Project Engineer . This resolution shall take effect immediately. ATCEIc APPROVED this 7th day of October 2011 at Pasig City, Philippines. By: (SGD.) Department of Budget and Management National Economic and Development Authority (SGD.) Department of Education (SGD.) Department of Energy (SGD.) Department of Finance Department of Health (SGD.) Department of the Interior and Local Government (SGD.) Department of National Defense (SGD.) Department of Public Works and Highways (SGD.) Department of Science and Technology (SGD.) Department of Trade and Industry Department of Transportation and Communications (SGD.) Private Sector Representative Attested by: (SGD.) DENNIS S. SANTIAGO Board Secretary, GPPB Executive Director, GPPB-TSO