Amending Sec. 9.2 (ii) (B) of Annex G of the Implementing Rules and Regulations Part A of RA 9184

June 27, 2008

GPPB RESOLUTION NO. 02-08

AMENDING SECTION 9.2 (ii) (B) OF ANNEX G OF THE IMPLEMENTING RULES AND REGULATIONS PART A OF REPUBLIC ACT 9184

WHEREAS, the Government Procurement Policy Board (GPPB), under Section 63 of Republic Act (R.A.) 9184, is mandated to formulate and amend public procurement policies, rules, and regulations, and amend whenever necessary, the implementing rules and regulations of R.A. 9184;

WHEREAS, pursuant to said mandate, the GPPB, through its Resolution No. 22-2007, issued Annex G of IRR-A providing the Guidelines for the Procurement and Implementation of Contracts for Design and Build Infrastructure Projects ("Guidelines"); HETDAC

WHEREAS, under Section 9.2 (ii) (b) of the Guidelines, constructors with no experience in design and build projects may become eligible to bid if they opt to enter into partnerships or joint ventures with design or engineering firms;

WHEREAS, during its 6th regular meeting held last 27 June 2008, the GPPB, responding to the issue raised by the Department of Public Works and Highways, also determined that subcontracting is also an acceptable form of collaboration that bidders may resort to in order to meet the required services for a particular contract;

WHEREAS, subcontractors identified by bidders are subject to the same evaluation process applied to principal bidders; thereby ensuring their eligibility to undertake a government contract;

WHEREAS, during the 6th GPPB Regular Meeting held last 27 June 2008, the GPPB agreed to amend the Guidelines in order to provide that constructors with no experience in design and build projects may also become eligible to bid if they opt to subcontract the design work to a design or engineering firm; HECaTD

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 amendment to Section 9.2 (ii) (b) of Annex G of the IRR-A of RA 9184:

If the bidder has no experience in design and build projects on its own, it may enter into a subcontracting, partnership, or joint venture agreement with design or engineering firms for the design portion of the contract.

This resolution shall take effect immediately.

APPROVED this 27th day of June 2008 at Pasig City, Philippines.

(SGD.) _________________________________________________

DEPARTMENT OF BUDGET AND MANAGEMENT

(SGD.) _________________________________________________

DEPARTMENT OF NATIONAL DEFENSE

(SGD.) _________________________________________________

DEPARTMENT OF HEALTH

(SGD.) _________________________________________________

DEPARTMENT OF ENERGY

(SGD.) _________________________________________________

DEPARTMENT OF FINANCE

(SGD.) _________________________________________________

DEPARTMENT OF SCIENCE AND TECHNOLOGY

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NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY

(SGD.) _________________________________________________

DEPARTMENT OF EDUCATION

(SGD.) _________________________________________________

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

(SGD.) _________________________________________________

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

(SGD.) _________________________________________________

DEPARTMENT OF TRADE AND INDUSTRY

(SGD.) _________________________________________________

DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

(SGD.) _________________________________________________

PRIVATE SECTOR REPRESENTATIVE

Attested by:

(SGD.) RUBY U. ALVAREZ

Board Secretary, Government Procurement Policy Board

Executive Director III, Government Procurement Policy Board-Technical Support Office

Published in the Official Gazette, Vol. 105, No. 2, p. 180 on January 12, 2009.