Addendum to PNP Memorandum Circular Number 2012-001 Re Policy Guidelines and Procedures for the Determination of Approved Budget for the Contract (ABC) in the Procurement of Goods

October 24, 2016

PNP MEMORANDUM CIRCULAR NO. 068-16

ADDENDUM TO PNP MEMORANDUM CIRCULAR NUMBER 2012-001 RE POLICY GUIDELINES AND PROCEDURES FOR THE DETERMINATION OF APPROVED BUDGET FOR THE CONTRACT (ABC) IN THE PROCUREMENT OF GOODS

1. REFERENCES:

a. R.A. 9184 entitled: Government Procurement Reform Act and its Revised IRR; and

b. PNP Memorandum Circular No. 2012-001 dated January 9, 2012.

2. RATIONALE:

This Memorandum Circular (MC) provides for the guidelines and procedures to be undertaken by the Procurement Management Committee (PMC) in the formulation of the consolidated Project Procurement Management Plan (PPMP), and the Bids and Awards Committee (BAC) in the formulation, review, and adjustment of the Annual Procurement Plan (APP) of the Philippine National Police (PNP).

3. PURPOSE:

This MC sets forth the responsibility of the Bids and Awards Committee (BAC) to review the terms, conditions, and specifications and if necessary adjust the Approved Budget for the Contract (ABC) consistent with Sections 7 and 35 of Republic Act 9184 and its IRR. It aims to instill responsibilities and liabilities of the concerned officials in connection with formulation and review of the PPMP. It also aims to streamline the processes of goods in the Philippine National Police (PNP). ICHDca

4. SCOPE:

This MC is applicable only to procurement of goods and will not apply to other types of procurement.

5. DEFINITION OF TERMS:

a. DELEGATED PROCUREMENT — Refers to procurement of goods wherein a PNP Bids and Awards Committee (BAC), upon approval of the Head of the Procuring Entity (HOPE), requests other separate BACs of the PNP to undertake a particular procurement for them, in order to hasten the implementation of the project.

b. SEPARATE BAC — A BAC other than the NHQ BAC given authority by the HOPE to procure goods for the PNP.

6. GUIDELINES AND PROCEDURES:

a. The PMC shall act as the oversight body in the formulation of the PPMP. It shall review the PPMP as submitted by the end-user, and consolidate the same for submission to the BAC, through the Secretariat;

b. The consolidated PPMP shall be submitted by PMC to the BAC for formulation of the Annual Procurement Plan (APP). The CPNP or its duly authorized official, acting as the HOPE or duly authorized official of the HOPE, respectively, shall approve the APP for implementation;

c. During the procurement process, the BAC through its Technical Working Group (TWG) shall, pursuant to Section 35.3 of the RIRR of RA 9184, revise the terms, conditions, and specifications, and if necessary adjust the Approved Budget for the Contract (ABC), subject to the required approval;

d. After adjusting the ABC, the procuring entity may conduct a re-bidding with advertisement and/or posting as provided for in Section 21.2 of the RIRR of RA 9184; and

e. The HOPE, or its duly authorized official shall approve and sign the updated or supplemental APP prior to its adoption.

7. PENALTY CLAUSE:

Any violation of this MC shall be a ground for administrative/disciplinary action under existing rules and regulations without prejudice to the filing of appropriate administrative and criminal cases, if warranted against the erring PNP personnel.

8. REPEALING CLAUSE:

All policies, memoranda, issuances, and other circulars, or portions thereof inconsistent with this circular are hereby rescinded/repealed or modified accordingly.

9. EFFECTIVITY:

This MC shall take effect after 15 days from filing of a copy thereof at the University of the Philippines Law Center in consonance with Sections 3 and 4, Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987," as amended. TCAScE

(SGD.) RONALD M. DELA ROSAPolice Director General