Amendment to Sections 23.6 and 24.7 of the IRR-A of R.A. 9184

December 6, 2006

GPPB RESOLUTION NO. 22-06

AMENDING SECTIONS 23.6 AND 24.7 OF THE IRR-A OF R.A. 9184 TO REQUIRE AS AN ELIGIBILITY DOCUMENT THE CERTIFICATE OF G-EPS REGISTRATION

WHEREAS, Republic Act No. 9184 (R.A. 9184), otherwise known as "Government Procurement Reform Act", and its Implementing Rules and Regulations Part A (IRR-A) took effect on January 26, 2003 and October 8, 2003 respectively;

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

WHEREAS, Section 21.2.1 of the IRR-A, as amended by GPPB Resolution No. 014-2006 dated 20 July 2006, provides that suppliers, manufacturers, distributors, contractors and/or consultants must register with the Philippine Government Electronic Procurement System (PhilGEPS) to ensure the widest dissemination of the Invitation to Apply for Eligibility and to Bid;

WHEREAS, to properly enforce Section 21.2.1 of the IRR-A, it is recommended that bidders be required to submit a certificate of registration with the PhilGEPS as part of the eligibility documents under Sections 23.6 and 24.7.1 of the IRR-A; DSATCI

WHEREAS, the GPPB, in its 5th meeting held on 06 December 2006, discussed and duly considered the proposal to include the certificate of PhilG-EPS registration as part of the eligibility requirements. However, the GPPB agreed to postpone the effectivity of this requirement to provide bidders sufficient time to register with the PhilG-EPS;

WHEREAS, during this transition period, the GPPB agreed to conduct information campaign to advise bidders of this additional eligibility document. Further, all government agencies are encouraged to inform their respective bidders of this requirement through their invitations to bid;

NOW, THEREFORE, premises considered, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE:

To approve and adopt amendments to Section 23.6 and Section 24.7 of the Implementing Rules and Regulations Part A of Republic Act No. 9184, respectively, as follows:

SECTION 23.6 Eligibility Check for the Procurement of Goods and Infrastructure Projects —

The determination of eligibility shall be based on the submission of the following documents to the BAC, utilizing the forms prepared by the BAC and using the criteria stated in Section 23.11 of this IRR-A:

1. Class "A" documents

Legal Documents

a. Department of Trade and Industry (DTI) business name registration or SEC registration certificate, whichever may be appropriate under existing laws of the Philippines; ESCcaT

xxx xxx xxx

f. Certificate of G-EPS Registration

SECTION 24.7 Eligibility Check for the Procurement of Consulting Services

1. Class "A" documents

a. DTI business name registration or SEC registration certificate, whichever may be appropriate under existing laws of the Philippines, if applicable;

xxx xxx xxx

f. Certificate of G-EPS Registration

PROVIDED, HOWEVER, that the foregoing amendment shall become effective on the following dates:

1. For National Government Agencies, Government Owned and Controlled Corporations, and Government Financial Institutions, two (2) months from publication in a newspaper of general circulation; and

2. For State Universities and/or Colleges and Local Government Units, three (3) months from publication in a newspaper of general circulation.

Adopted: December 6, 2006.

Date Filed: April 27, 2007.

 

(SGD.) ROLANDO G. ANDAYA, JR.Secretary

 

(SGD.) ROMULO L. NERIDirector General

DEPARTMENT OF EDUCATION

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

DEPARTMENT OF FINANCE

DEPARTMENT OF TRADE AND INDUSTRY

DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

PRIVATE SECTOR REPRESENTATIVE

Attested by:

 

(SGD.) RUBY U. ALVAREZBoard Secretary, GPPB