Additional Proposed Amendments to RA No. 9184 to be Submitted to Subcommittee on Accountability of Public Officers and Investigations (Blue Ribbon)

April 20, 2016

GPPB RESOLUTION NO. 006-16

ADDITIONAL PROPOSED AMENDMENTS TO REPUBLIC ACT (RA) NO. 9184 TO BE SUBMITTED TO SUBCOMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS (BLUE RIBBON)

WHEREAS, on 20 November 2014, the Subcommittee on Accountability of Public Officers and Investigations (Blue Ribbon), through the Honorable Senator Aquilino L. Pimentel III, requested the Government Procurement Policy Board (GPPB), addressed to its Technical Support Office (TSO), for proposed amendments to the existing law on public procurement, particularly RA 9184, the Government Procurement Reform Act, in order to strengthen the enforcement powers of the institution and address the loopholes in the procurement of infrastructure projects;

WHEREAS, during the Joint GPPB and Inter Agency Technical Working Group (IATWG) meeting held on 5 December 2014, the Board resolved to direct the GPPB-TSO, through its Executive Director, to request the Senate Blue Ribbon Sub-Committee for an extension of six (6) months to conduct a full study of the procurement law where possible amendments may be introduced;

WHEREAS, on 30 January 2015, the GPPB issued Resolution No. 5-2015 creating the IRR Review Committee composed of the members of the GPPB IATWG. Upon follow-up by the Office of the Honorable Senator Pimentel on 5 January 2016, the GPPB-TSO, on 20 January 2016, sent its initial comment on the key procurement issues raised during the hearings on the Proposed Senate Resolution, thus: "[T]he procurement issues may be addressed by the present provisions of RA 9184 and its Implementing Rules and Regulations (IRR), and by continuous monitoring of compliance by Procuring Entities and strengthened capacity development of procurement practitioners through procurement professionalization";

WHEREAS, during the 2nd GPPB and IATWG joint meeting held on 5 February 2016, the GPPB-TSO presented to the Board its proposed comments and recommendations to be submitted to the Office of the Honorable Senator Pimentel, as follows:

a) Procurement issues already addressed in the present IRR and have been addressed with the revision of the IRR.

b) Proposed amendments to RA 9184 identified in the course of the IRR Revisions. ASEcHI

WHEREAS, in the same meeting, the Board approved the proposed comments and recommendations, subject to further proposed amendments to be submitted by the GPPB and IATWG members;

WHEREAS, on 7, 11 and 20 of April 2016 GPPB meetings, pursuant to the directive of the Board to gather additional proposals from the Members of the GPPB and IATWG, the GPPB-TSO presented additional proposed amendments to RA 9184 submitted by the Department-members, as shown in Annex "A" hereof;

WHEREAS, the GPPB, as the agency mandated under RA 9184 to formulate and amend public procurement policies, rules and regulations, approved the additional proposed amendments to RA 9184 to be submitted to the Office of the Honorable Senator Aquilino L. Pimentel III.

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 additional proposed amendments to RA 9184, as shown in the attached Annex "A", to be submitted to the Office of the Honorable Senator Aquilino L. Pimentel III.

This resolution shall take effect immediately.

APPROVED this 20th day of April 2016 at Pasig City, Philippines.

(SGD.) _____________________________Department of Budget and Management

_____________________________National Economic and Development Authority

(SGD.) _____________________________Department of Education

(SGD.) _____________________________Department of Energy

_____________________________Department of Finance

_____________________________Department of Health

_____________________________Department of the Interior

_____________________________Department of National Defense

(SGD.) _____________________________Department of Public Works and Highways

_____________________________Department of Science and Technology

(SGD.) _____________________________Department of Trade and Industry

(SGD.) _____________________________Department of Transportation

(SGD.) _____________________________Private Sector Representative

Attested by:

(SGD.) DENNIS S. SANTIAGOBoard Secretary, GPPB