Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents

Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents

GPPB Resolution No. 36-17Nov 7, 2017Implementing Rules and Regulations17 min read

On November 7, 2017, the Government Procurement Policy Board (GPPB) approved amendments to the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184, which governs government procurement activities in the Philippines. These amendments address provisions related to the eligibility of bidders in Foreign Service Posts, the submission timeline for the PhilGEPS Registration Number, and the rescheduling of bid submission deadlines that coincide with non-working days. The changes aim to clarify existing rules and harmonize them with newly issued guidelines for procurement activities abroad. The amendments will take effect 15 days after publication in the Official Gazette or a widely circulated newspaper.

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What is Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents about?: On November 7, 2017, the Government Procurement Policy Board (GPPB) approved amendments to the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184, which governs government procurement activities in the Philippines. These amendments address provisions related to the eligibility of bidders in Foreign Service Posts, the submission timeline for the PhilGEPS Registration Number, and the rescheduling of bid submission deadlines that coincide with non-working days. The changes aim to clarify existing rules and harmonize them with newly issued guidelines for procurement activities abroad. The amendments will take effect 15 days after publication in the Official Gazette or a widely circulated newspaper.
What type of law is GPPB Resolution No. 36-17?: Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents (GPPB Resolution No. 36-17) is a Philippine Implementing Rules and Regulations enacted by the Congress of the Philippines.
When was Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents enacted?: Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents (GPPB Resolution No. 36-17) was enacted on Nov 7, 2017.
What is the citation for Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents?: Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents, GPPB Resolution No. 36-17, Nov 7, 2017 (Philippines)

Law Information

Reference Number: GPPB Resolution No. 36-17
Date Enacted: Nov 7, 2017
Category: Implementing Rules and Regulations
Subcategory: Government Procurement
Jurisdiction: Philippines
Enacting Body: Congress of the Philippines

November 7, 2017

GPPB RESOLUTION NO. 36-17

APPROVING AMENDMENTS TO THE 2016 REVISED IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9184 AND THE FIFTH (5TH) EDITION OF THE PHILIPPINE BIDDING DOCUMENTS (PBDs)

WHEREAS, Republic Act (RA) No. 9184 entitled "An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes," took effect on 26 January 2003, while its 2016 revised Implementing Rules and Regulations (IRR) took effect on 28 October 2016;

WHEREAS, Section 63 of RA 9184 and its 2016 Revised IRR authorizes the Government Procurement Policy Board (GPPB) to formulate public procurement policies, rules and regulations, and amend, whenever necessary, its IRR;

WHEREAS, the GPPB Technical Support Office (GPPB-TSO) identified certain provisions of the 2016 IRR of RA 9184 that necessitates amendment for clarification purposes and harmonization with newly-issued Guidelines, thus:

1. Provisions concerning the requirements for bidders in Foreign Service Posts to be consistent with the newly-approved Guidelines for the Procurement of Goods and Services, Infrastructure Projects, and Consulting Services to be Procured and Performed Abroad, issued through GPPB Resolution No. 28-2017, dated 31 July 2017;

2. Provision concerning the submission of PhilGEPS Registration Number to clarify the stages of procurement when the PhilGEPS Registration Number may be submitted by a bidder; and

3. Provision on the rescheduling of deadline for bid submission to cover those cases where the deadline falls on non-working days that are not considered holidays;

WHEREAS, on 19 October 2017, the GPPB-TSO presented to the Inter-Agency Technical Working Group (IATWG), during its 6th Meeting, the proposed amendments to the 2016 IRR of RA 9184, thus:

1. Amendment to Sections 24.4.3, 25.2 (a) (i), 25.2 (b) (i) and 37.1.4 (a) (ii) to refer to the Guidelines for the Procurement of Goods and Services, Infrastructure Projects, and Consulting Services to be Procured and Performed Abroad and remove the existing rules on the submission of documentary requirements by bidders in Foreign Service;

2. Amendment to Section 2, Appendix "A", Annex "H", to allow the submission of PhilGEPS Registration Number and other documentary requirements until issuance of Notice of Award only; and

3. Amendment to Section 38.2 to provide rules on rescheduling of deadline for bid submission and other procurement activities that falls on other non-working days duly declared by the President, Governor, Mayor or other Government Official authorized to make such declaration.

WHEREAS, after due consideration, the IATWG adopted the proposed amendments to the 2016 IRR of RA 9184, subject to the following comments:

1. Include a provision in the IRR that any change in the original Bidding Documents for the Procurement of Consulting Services prior to Eligibility Checking and Shortlisting shall be issued at least seven (7) calendar days before the deadline for the submission of eligibility documents; and

2. Amend the provisions of the 5th Edition of the Philippine Bidding Documents (PBDs) corresponding to the proposed amendments to the IRR.

WHEREAS, during the 5th Regular GPPB Meeting on 7 November 2017, the GPPB-TSO presented its proposed amendments to the 2016 Revised IRR of RA 9184, including the comments of the IATWG, and thereafter, the GPPB, after careful review and due deliberation, approved the proposed amendments to the 2016 IRR of RA 9184 and 5th Edition of the PBDs;

NOW, THEREFORE, for and in view of all the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law and other executive issuances, hereby RESOLVE to confirm, adopt, and approve, as WE hereby confirm, adopt, and approve the amendments to Sections 24.4.3, 24.4.4, 25.2 (a) (i), 25.2 (a) (ii), 37.1.4 (a) (ii) and 38.2, including their corresponding Clauses in the Philippine Bidding Documents, and Section 2 of Appendix "A" of Annex "H" of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184, copy of which, is attached as Annex "A", and made an integral part hereof.

These amendments to the 2016 IRR of RA 9184 shall take effect after fifteen (15) days following the publication in the Official Gazette or a newspaper of general nationwide circulation and upon filing of three (3) certified copies with the University of the Philippines Law Center.

APPROVED this 7th day of November, 2017 at Pasig City, Philippines.

(SGD.) _________________________________________DEPARTMENT OF BUDGET AND MANAGEMENT

(SGD.) __________________________________________________NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY

(SGD.) ___________________________________DEPARTMENT OF EDUCATION

(SGD.) ____________________________________DEPARTMENT OF ENERGY

____________________________________DEPARTMENT OF FINANCE

____________________________________DEPARTMENT OF HEALTH

(SGD.) __________________________________________________________________DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY

________________________________________________________DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

(SGD.) ____________________________________DEPARTMENT OF NATIONAL DEFENSE

(SGD.) _________________________________________________DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

_______________________________________________DEPARTMENT OF SCIENCE AND TECHNOLOGY

(SGD.) ____________________________________DEPARTMENT OF TRADE AND INDUSTRY

_______________________________________DEPARTMENT OF TRANSPORTATION

(SGD.) ____________________________________PRIVATE SECTOR REPRESENTATIVE

ANNEX A

2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184

ORIGINAL

AMENDED

Section 24.4.3

To facilitate determination of eligibility, the BAC of a Procuring Entity shall use the contents of the PhilGEPS electronic registry of manufacturers, suppliers, distributors, contractors, and/or consultants, in accordance with Section 8.5.2 of this IRR. However, foreign consultants participating in the procurement by a Philippine Foreign Service Office or Post shall be allowed to submit their eligibility documents under Section 24.1 of this IRR, in lieu of the PhilGEPS Certificate of Registration: Provided, That the winning bidder should register with the PhilGEPS in accordance with Section 37.1.4 of this IRR.

Section 24.4.3

To facilitate determination of eligibility, the BAC of a Procuring Entity shall use the contents of the PhilGEPS electronic registry of manufacturers, suppliers, distributors, contractors, and/or consultants, in accordance with Section 8.5.2 of this IRR. However, foreign consultants participating in the procurement by a Philippine Foreign Service Office or Post shall be allowed to submit their eligibility documents under Section 24.1 of this IRR, in lieu of the PhilGEPS Certificate of Registration: Provided, That the winning bidder should register with the PhilGEPS in accordance with Section 37.1.4 of this IRR. For procurement to be performed overseas, it shall be subject to the Guidelines to be issued by the GPPB.

Section 24.4.4

(New Provision)

Section 24.4.4

Should there be any change in the original Bidding Documents prior to the conduct of eligibility checking and shortlisting, the BAC shall issue supplemental/bid bulletin for such purpose at least seven (7) calendar days before the deadline for the submission of eligibility documents, subject to the provisions of Section 22.5.3 of this IRR.

Sections 25.2(a)(i) and 25.2(b)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of this IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR.

Sections 25.2(a)(i) and 25.2(b)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of this IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR. For procurement to be performed overseas, it shall be subject to the Guidelines to be issued by the GPPB.

Section 37.1.4(a)(ii)

Submission of the following documents within ten (10) calendar days from Notice of Award:

i) Valid JVA, if applicable;

ii) In the case of procurement by a Philippine Foreign Office or Post, the PhilGEPS Registration Number of the winning foreign bidder;

iii) A valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders in Infrastructure Projects, when the Treaty or International or Executive Agreement expressly allows submission of such license and registration as a pre-condition to the registration as a pre-condition to the Notice of Award; or

iv) In the case of Consulting Services, the SEC Certificate of Registration of the foreign consulting firm, and/or the authorization or license issued by the appropriate GoP professional regulatory body of the foreign professionals engaging in the practice of regulated professions and allied professions, where applicable.

Section 37.1.4(a)(ii)

Submission of the following documents within ten (10) calendar days from Notice of Award:

i) Valid JVA, if applicable;

ii) In the case of procurement by a Philippine Foreign Office or Post, the PhilGEPS Registration Number of the winning foreign bidder;

iii)ii. A valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders in Infrastructure Projects, when the Treaty or International or Executive Agreement expressly allows submission of such license registration as a pre-condition to the Notice of Award; or

iv)iii. In the case of Consulting Services, the SEC Certificate of Registration of the foreign consulting firm, and/or the authorization or license issued by the appropriate GoP professional regulatory body of the foreign professionals engaging in the practice of regulated professions and allied professions, where applicable.

Section 38.2

The maximum periods and the recommended earliest possible time for action on specific procurement activities are provided for in Annex "C" of this IRR. In case the deadline for each activity falls on a non-working day (i.e., Saturday and Sunday), legal holiday, or special non-working holiday, the deadline shall be the next working day.

Section 38.2

The maximum periods and the recommended earliest possible time for action on specific procurement activities are provided for in Annex "C" of this IRR. In case the deadline for each activity falls on a non-working day (i.e., Saturday and Sunday), legal holiday, or special non-working holiday, or other non-working days duly declared by the President, Governor, Mayor or other Government Official authorized to make such declaration, the deadline shall be the next working day.

Section 2, Appendix "A", Annex "H"

The BAC shall indicate in the RFQ or RFP at what stage of the procurement process these requirements must be submitted, i.e., submission of offer/s, evaluation of offer/s, before issuance of Notice of Award or prior to payment.

Section 2, Appendix "A", Annex "H"

The BAC shall indicate in the RFQ or RFP at what stage of the procurement process these requirements must be submitted, i.e., submission of offer/s, evaluation of offer/s, orbefore issuance of Notice of Award or prior to payment.

5th EDITION OF THE PHILIPPINE BIDDING DOCUMENTS FOR THE PROCUREMENT OF GOODS

ORIGINAL

AMENDED

Instruction to Bidders Clause 12.1(a)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR.

Instruction to Bidders Clause 12.1(a)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR. For procurement to be performed overseas, it shall be subject to the Guidelines to be issued by the GPPB.

Instruction to Bidders Clause 21

Bids must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the BDS.

Instruction to Bidders Clause 21

Bids must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the BDS.In case the deadline for submission of bids fall on a non-working day duly declared by the president, governor or mayor or other government official authorized to make such declaration, the deadline shall be the next working day.

Instructions to Bidders Clause 31.3(a)

Submission of the following documents within ten (10) calendar days from Notice of Award:

i) Valid JVA, if applicable; or

ii) In the case of procurement by a Philippine Foreign Office or Post, the PhilGEPS Registration Number of the winning foreign bidder;

Instructions to Bidders Clause 31.3(a)

Submission of valid JVA, if applicable, the following documents within ten (10) calendar days from receipt of the Notice of Award:

i) Valid JVA, if applicable;

ii) In the case of procurement by a Philippine Foreign Office or Post, the PhilGEPS Registration Number of the winning foreign bidder;

5th EDITION OF THE PHILIPPINE BIDDING DOCUMENTS FOR THE PROCUREMENT OF INFRASTRUCTURE PROJECTS

ORIGINAL

AMENDED

Instruction to Bidders Clause 12.1(a)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility which shall submit their eligibility documents under Section 23.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR.

Instruction to Bidders Clause 12.1(a)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 23.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR. For procurement to be performed overseas, it shall be subject to the Guidelines to be issued by the GPPB.

Instruction to Bidders Clause 21

Bids must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the BDS.

Instruction to Bidders Clause 21

Bids must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the BDS. In case the deadline for submission of bids fall on a non-working day duly declared by the president, governor or mayor or other government official authorized to make such declaration, the deadline shall be the next working day.

Instruction to Bidders Clause 30.3(a)

Submission of the following documents within ten (10) calendar days from Notice of Award:

i) In the case of procurement by a Philippine Foreign Office or Post, the PhilGEPS Registration Number of the winning foreign bidder; or

ii) Valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders when the Treaty of International or Executive Agreement expressly allows submission of the PCAB license and registration for the type and cost of the contract to be bid as a pre-condition to be Award;

Instruction to Bidders Clause 30.3(a)

Submission of valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders when the Treaty or International or Executive Agreement expressly allows submission of the PCAB license and registration for the type and cost of the contract to be bid as a pre-condition to the Award,the following documents within ten (10) calendar days from receipt of the Notice of Awards:

i) In the case of procurement by a Philippine Foreign Office or Post, the PhilGEPS Registration Number of the winning foreign bidder; or

ii) Valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders when the Treaty of International or Executive Agreement expressly allows submission for the PCAB license and registration for the type and cost of the contract to be bid as a pre-condition to be Award;

5th EDITION OF THE PHILIPPINE BIDDING DOCUMENTS FOR THE PROCUREMENT OF CONSULTING SERVICES

ORIGINAL

AMENDED

Eligibility Documents Clause 2.1(a)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 24.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR.

Eligibility Documents Clause 2.1(a)(i)

PhilGEPS Certificate of Registration and membership in accordance with Section 8.5.2 of the IRR, except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 24.1 of this IRR: Provided, That the winning bidder shall register with the PhilGEPS in accordance with Section 37.1.4 of this IRR. For procurement to be performed overseas, it shall be subject to the Guidelines to be issued by the GPPB.

Eligibility Documents Clause 5

Eligibility documents must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the EDS.

Eligibility Documents Clause 5

Eligibility documents must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the EDS. In case the deadline for submission of bids fall on a non-working day duly declared by the president, governor, or mayor or other government official authorized to make such declaration, the deadline shall be next working day.

Instruction to Bidders Clause 18

Bids must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the BDS.

Instruction to Bidders Clause 18

Bids must be received by the Procuring Entity's BAC at the address and or before the date and time indicated in the BDS. In case the deadline for submission of bids fall on a non-working day duly declared by the president, governor or mayor or other government official authorized to make such declaration, the deadline shall be next working day.

Instruction to Bidders Clause 30.3(a)

Submission of the following documents within ten (10) calendar days from Notice of Award:

i) Valid JVA, if applicable;

ii) In the case of procurement by a Philippine Foreign Service Office or Post, the PhilGEPS Registration Number of the winning foreign consultant; and/or

iii) SEC Certificate of Registration of the foreign consulting firm, and/or the authorization or license issued by the appropriate GoP professional regulatory body of the foreign professionals engaging in the practice of regulated professions and allied professions, where applicable;

Instruction to Bidders Clause 30.3(a)

Submission of the following documents within ten (10) calendar days from receipt of the Notice of Award:

i) Valid JVA, if applicable;

ii) In the case of procurement by a Philippine Foreign Service Office or Post, the PhilGEPS Registration Number of the winning foreign consultant; and/or

iii) ii)SEC Certificate of Registration of the foreign consulting firm, and/or the authorization or license issued by the appropriate GoP professional regulatory body of the foreign professionals engaging in the practice of regulated professions and allied professions, where applicable;

Published in the Philippine Daily Inquirer on April 24, 2018.

Cite This Law

Standard Citation

Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents, GPPB Resolution No. 36-17, Nov 7, 2017 (Philippines)

Bluebook Style

Approving Amendments to the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Fifth (5th) Edition of the Philippine Bidding Documents, GPPB Resolution No. 36-17 (Phil. 2017)

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