Approving Amendments to Sections 23.1 (a), 24.1 (a) and 34.2 of the Revised Implementing Rules and Regulations of R.A. No. 9184

July 30, 2013

GPPB RESOLUTION NO. 21-13

APPROVING AMENDMENTS TO SECTIONS 23.1 (a), 24.1 (a) AND 34.2 OF THE REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184 AND THE PHILIPPINE BIDDING DOCUMENTS FOR GOODS, INFRASTRUCTURE PROJECTS AND CONSULTING SERVICES

WHEREAS, Section 63.1 (b) of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR) authorize the Government Procurement Policy Board (GPPB) to formulate public procurement policies, rules and regulations, and amend, whenever necessary, the IRR;

WHEREAS, Sections 23.1 (a) and 24.1 (a) of the IRR of RA 9184, Clause 12.1 of the Instructions to Bidders (ITB) of the Philippine Bidding Documents (PBDs) for Goods and Infrastructure Project and Clause 2.1 of the Eligibility Documents of the PBDs for Consulting Services, require the following Class "A" legal eligibility documents during the submission/opening of bids:

"i) Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives, of any proof of such registration as stated in the Bidding Documents.

ii) Mayor's permit issued by the city or municipality where the principal place of business of the prospective bidder is located."

WHEREAS, Section 34.2 (a) of the IRR of RA 9184, Clauses 29.2, 28.2 and 27.2 of the ITB of the PBDs for Goods, Infrastructure Projects and Consulting Services, respectively, require the submission of Tax Clearance during post-qualification of a bidder with the Lowest Calculated Bid or Highest Rated Bid; DCcIaE

WHEREAS, in the meeting held by the Inter Agency Technical Working Group (IATWG) on 9 July 2013, the Bureau of Internal Revenue (BIR) manifested that it will be issuing tax clearances indicating the current assets and current liabilities of the taxpayers, in relation to the computation of the Net Financial Contracting Capacity (NFCC) of prospective bidders;

WHEREAS, during the 5th Regular GPPB Meeting held on 30 July 2013, the Department of Finance (DOF), proposed to include the Tax Clearance as part of the Class "A" legal eligibility documents to be submitted during the opening of bids;

WHEREAS, the Board discussed the matter, and, after thorough and careful deliberations, favorably approved the recommendation of DOF.

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. AMEND Sections 23.1 (a), 24.1 (a) and 34.2 of the IRR of RA 9184, as shown in Annex "A" hereof; and,

2. AMEND Clauses 12.1 (a) and 29.2 of the ITB, PBDs for Goods; Clauses 12.1 (a) and 28.2 of the ITB, PBDs for Infrastructure Projects; and Clause 2.1 of the Eligibility Documents and Clause 27.2 of the ITB, PBDs for Consulting Services, as shown in Annex "B" hereof.

This resolution shall take effect immediately.

APPROVED this 30th day of July 2013 at Pasig City, Philippines. IEHSDA

(SGD.) ___________________________________________

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(SGD.) ____________________________

(SGD.) __________________________

(SGD.) __________________________

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(SGD.) ____________________________________

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(SGD.) ________________________________________________________

(SGD.) __________________________________

Attested by:

(SGD.) DENNIS S. SANTIAGOBoard Secretary, Government Procurement Policy Board

ANNEX A

Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184

Original	Amended
Section 23.1 (a)		Section 23.1 (a)
For purposes of determining the eligibility of	For purposes of determining the eligibility of
bidders using the criteria stated in Section	bidders using the criteria stated in Section
23.5 of this IRR, only the following	23.5 of this IRR, only the following
documents shall be required by the BAC,	documents shall be required by the BAC,
using the forms prescribed in the Bidding	using the forms prescribed in the Bidding
Documents:		Documents:
a)	Class "A" Documents	a)	Class "A" Documents
	Legal Documents	Legal Documents
	(i)	Registration certificate from	(i)	Registration certificate from
		SEC, Department of Trade		SEC, Department of Trade
		and Industry (DTI) for sole		and Industry (DTI) for sole
		proprietorship, or CDA for		proprietorship, or CDA for
		cooperatives, or any proof of		cooperatives, or any proof of
		such registration as stated in		such registration as stated in
		the Bidding Documents.		the Bidding Documents.
	(ii)	Mayor's permit issued by the	(ii)	Mayor's permit issued by the
		city or municipality where the		city or municipality where the
		principal place of business of		principal place of business of
		the prospective bidder is located.		the prospective bidder is located.
			(iii)	Tax clearance per Executive Order
				398, Series of 2005, as finally
				reviewed and approved by the BIR.
Section 24.1 (a)		Section 24.1 (a)
For purposes of determining the eligibility	For purposes of determining the eligibility
and short list of bidders in accordance with	and short list of bidders in accordance with
Sections 24.4 and 24.5 of this IRR, only the	Sections 24.4 and 24.5 of this IRR, only the
following documents shall be required by the	following documents shall be required by the
BAC, using the forms prescribed in the	BAC, using the forms prescribed in the
Bidding Documents:	Bidding Documents:
a)	Class "A" Documents	a)	Class "A" Documents
	Legal Documents		Legal Documents
	(i)	Registration certificate from		(i)	Registration certificate from
		SEC, Department of Trade			SEC, Department of Trade
		and Industry (DTI) for sole			and Industry (DTI) for sole
		proprietorship, or CDA for			proprietorship, or CDA for
		cooperatives, or any proof of			cooperatives, or any proof of
		such registration as stated in			such registration as stated in
		the Bidding Documents;			the Bidding Documents;
	(ii)	Mayor's permit issued by the		(ii)	Mayor's permit issued by the
		city or municipality where the			city or municipality where the
		principal place of business of			principal place of business of
		the prospective bidder is located;			the prospective bidder is located;
					and,
				(iii)	Tax clearance per Executive Order
					398, Series of 2005, as finally
					reviewed and approved by the BIR.
Section 34.2 (a)		Section 34.2 (a)
Within three (3) calendar days from receipt	Within three (3) calendar days from receipt
by the bidder of the notice from the BAC that	by the bidder of the notice from the BAC that
the bidder has the Lowest Calculated Bid or	the bidder has the Lowest Calculated Bid or
Highest Rated Bid, the bidder shall submit	Highest Rated Bid, the bidder shall submit
the following documentary requirements to	the following documentary requirements to
the BAC:	the BAC:
a)	Tax clearance;	a)	Latest income and business tax returns;
b)	Latest income and business tax returns;	b)	Certificate of PhilGEPS Registration;
				and,
c)	Certificate of PhilGEPS Registration; and
			c)	Other appropriate licenses and permits
d)	Other appropriate licenses and permits		required by law and stated in the Bidding
	required by law and stated in the Bidding		Documents.
	Documents.
			Failure to submit the above requirements on
Failure to submit the above requirements on	time or a finding against the veracity of such
time or a finding against the veracity of such	shall be ground for the forfeiture of the bid
shall be ground for the forfeiture of the bid	security and disqualify the bidder for award.
security and disqualify the bidder for award.

ANNEX B

Philippine Bidding Documents for Goods and Infrastructure Projects

Instructions to Bidders

pan="4" height="20">

Original	Amended
Clause 12.1 (a)	Clause 12.1 (a)
Unless otherwise indicated in the BDS, the	Unless otherwise indicated in the BDS, the
first envelope shall contain the following	first envelope shall contain the following
eligibility and technical documents:	eligibility and technical documents:
(a)	Eligibility Documents —	(a)	Eligibility Documents —
	Class "A" Documents:		Class "A" Documents:
. . .		. . .
(v)	NFCC computation or CLC in	(v)	NFCC computation in accordance
	accordance with ITB Clause 5.5;		with ITB Clause 5.5; and,
		(vi)	Tax clearance per Executive Order
			398, Series of 2005, as finally
			reviewed and approved by the BIR.
Clause 29.2	Clause 29.2
Within a non-extendible period of three (3)	Within a non-extendible period of three (3)
calendar days from receipt by the bidder of	calendar days from receipt by the bidder of
the notice from the BAC that it submitted	the notice from the BAC that it submitted
the LCB, the Bidder shall submit the following	the LCB, the Bidder shall submit the
documentary requirements:	following documentary requirements:
(a)	Tax clearance per Executive Order	(a)	Latest income and business tax
	398, Series of 2005, as finally		returns in the form specified in the
	reviewed and approved by the BIR;		BDS;
(b)	Latest income and business tax	(b)	Certificate of PhilGEPS
	returns in the form specified in the		Registration; and
	BDS;
		(c)	Other appropriate licenses and
(c)	Certificate of PhilGEPS Registration;		permits required by law and stated in
	and		the BDS.
(d)	Other appropriate licenses and	Failure of the Bidder declared as Lowest
	permits required by law and stated in	Calculated Bid to duly submit the
	the BDS.	requirements under this Clause or a finding
		against the veracity of such shall be ground
Failure of the Bidder declared as Lowest	for forfeiture of the bid security and
Calculated Bid to duly submit the	disqualification of the Bidder for award.
requirements under this Clause or a finding
against the veracity of such shall be ground
for forfeiture of the bid security and
disqualification of the Bidder for award.
Infrastructure Projects
Original	Amended
Clause 12.1 (a)	Clause 12.1 (a)
Unless otherwise indicated in the BDS, the	Unless otherwise indicated in the BDS, the
first envelope shall contain the following	first envelope shall contain the following
eligibility and technical documents:	eligibility and technical documents:
(a)	Eligibility Documents —	(a)	Eligibility Documents —
Class "A" Documents:	Class "A" Documents:
. . .		. . .
(v)	NFCC computation or CLC in	(v)	NFCC computation in accordance
	accordance with ITB Clause 5.5;		with ITB Clause 5.5; and,
		(vi)	Tax clearance per Executive Order
			398, Series of 2005, as finally
			reviewed and approved by the BIR.
Clause 28.2	Clause 28.2
Within a non-extendible period of three (3)	Within a non-extendible period of three (3)
calendar days from receipt by the bidder of	calendar days from receipt by the bidder of
the notice from the BAC that it submitted the	the notice from the BAC that it submitted the
LCB, the Bidder shall submit the following	LCB, the Bidder shall submit the following
documentary requirements:	documentary requirements:
(a)	Tax clearance per Executive Order	(a)	Latest income and business tax
	398, Series of 2005, as finally		returns in the form specified in the
	reviewed and approved by the BIR;		BDS;
(b)	Latest income and business tax	(b)	Certificate of PhilGEPS Registration; and
	returns in the form specified in the
	BDS;	(c)	Other appropriate licenses and
			permits required by law and stated in
(c)	Certificate of PhilGEPS Registration;		the BDS.
	and
		Failure of the Bidder declared as Lowest
(d)	Other appropriate licenses and	Calculated Bid to duly submit the
	permits required by law and stated in	requirements under this Clause or a finding
	the BDS.	against the veracity of such shall be ground
		for forfeiture of the bid security and
Failure of the Bidder declared as Lowest	disqualification of the Bidder for award.
Calculated Bid to duly submit the
requirements under this Clause or a finding
against the veracity of such shall be ground
for forfeiture of the bid security and
disqualification of the Bidder for award.

Philippine Bidding Documents for Consulting Services

Eligibility Documents
Original	Amended
Clause 2.1 (a)		Clause 2.1 (a)
"The following eligibility requirements shall		"The following eligibility requirements shall
be submitted on or before the date of the		be submitted on or before the date of the
eligibility check specified in the Request for		eligibility check specified in the Request for
Expression of Interest and Clause 5 for		Expression of Interest and Clause 5 for
purposes of determining eligibility of		purposes of determining eligibility of
prospective bidders:		prospective bidders:
a)	Class "A" Documents:	a)	Class "A" Documents:
	Legal Documents		Legal Documents
. . .			. . .
	(ii)	Mayor's permit issued by the city or		(ii)	Mayor's permit issued by the city or
		municipality where the principal			municipality where the principal
		place of business of the prospective			place of business of the prospective
		bidder is located;			bidder is located; and,
				(iii)	Tax clearance per Executive Order
					398, Series of 2005, as finally
					reviewed and approved by the BIR.
Instructions to Bidders
Clause 27.2		Clause 27.2
Within a non-extendible period of three (3)	Within a non-extendible period of three (3)
calendar days from receipt by the Consultant	calendar days from receipt by the Consultant
of the notice from the BAC that it is the	of the notice from the BAC that it is the
HRB, the Consultant shall submit the	HRB, the Consultant shall submit the
following documentary requirements:	following documentary requirements:
(a)	Tax clearance per Executive Order	(a)	Latest income and business tax
	398, Series of 2005, as finally		returns in the form specified in the
	reviewed and approved by the BIR;		BDS;
(b)	Latest income and business tax	(b)	Certificate of PhilGEPS
	returns in the form specified in the		Registration; and
	BDS;
			(c)	Other appropriate licenses and
(c)	Certificate of PhilGEPS Registration;		permits required by law and stated in
	and			the BDS.
(d)	Other appropriate licenses and	Failure of the Consultant declared as HRB to
	permits required by law and stated in	duly submit the requirements under this
	the BDS.	Clause or a finding against the veracity of
			such, shall be ground for forfeiture of the bid
Failure of the Consultant declared as HRB to	security and disqualification of the
duly submit the requirements under this	Consultant for award.
Clause or a finding against the veracity of
such, shall be ground for forfeiture of the bid
security and disqualification of the
Consultant for award.