Approving Issuance of a Circular Reminding All Procuring Entities of the Effectivity of the Sunset Clause Provided under Section 21.2.1 of the 2016 Revised Implementing Rules and Regulations of RA No. 9184

October 18, 2018

GPPB RESOLUTION NO. 022-2018

APPROVING THE ISSUANCE OF A CIRCULAR REMINDING ALL PROCURING ENTITIES OF THE EFFECTIVITY OF THE SUNSET CLAUSE PROVIDED UNDER SECTION 21.2.1 OF THE 2016 REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184

WHEREAS, the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 was approved through GPPB Resolution 13-2016 dated 09 August 2016 and published in the Official Gazette on 28 August 2016. It took effect sixty (60) days after its publication or on 28 October 2016;

WHEREAS, Section 21.2.1 of the 2016 revised IRR of RA 9184 provides for the mandatory requirement of Advertising and Posting of the Invitation to Bid/Request for Expression of Interest, thus:

Except as otherwise provided in Section 54.2 of this IRR and for the procurement of common-use goods and suppliers, the Invitation to Bid/Request for Expression of Interest shall be:

a) Posted at any conspicuous place reserved for this purpose in the premises of the Procuring Entity concerned for seven (7) calendar days as certified by the head of the BAC Secretariat of the Procuring Entity concerned;

b) Posted continuously in the PhilGEPS website, the website of the Procuring Entity concerned, if available, and the website prescribed by the foreign government/foreign or international financing institution, if applicable, for seven (7) calendar days starting on date of advertisement; and

c) Advertised at least once in one (1) newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement: Provided, That advertisement shall not be required for contracts to be bid with an ABC of Ten Million Pesos (Php10,000,000.00) and below for the procurement of goods, Fifteen Million Pesos (Php15,000,000.00) and below for procurement of Infrastructure Projects, and Five Million Pesos (Php5,000,000.00) and below for the procurement of Consulting Services.

WHEREAS, the last paragraph of Section 21.2.1 of the 2016 revised IRR of RA 9184, provides for a sunset clause on the mandatory requirement of advertising the bid opportunity, thus: "Two (2) years after the effectivity of this IRR, advertisement in a newspaper of general nationwide circulation shall no longer be required. However, a Procuring Entity that cannot post its opportunities in the PhilGEPS for justifiable reasons shall continue to publish its advertisements in a newspaper of general nationwide circulation.";

WHEREAS, to ensure smooth transition to this new system, the GPPB-TSO sent a letter to the PS-PhilGEPS, dated 26 September 2018, to inquire and confirm the status of PhilGEPS's system with regard to posting requirements of Procuring Entities;

WHEREAS, PS-PhilGEPS Deputy Executive Director (DED) Rosa Maria M. Clemente informed GPPB-TSO, through a letter dated 10 October 2018, that the upgrade implemented by PhilGEPS has improved the performance and reliability of the system and showed an increase number of users accessing the site. Further, DED Clemente reported that there were no major issues being encountered on posting notices in the website and that there are no incidents of unscheduled or unexpected downtime;

WHEREAS, considering that the date of effectivity of the sunset clause is fast approaching, the GPPB-TSO recommends the issuance of a Circular reminding all government instrumentalities that pursuant to the sunset clause provided in the last paragraph of Section 21.2.1 of the 2016 IRR, advertisement in a newspaper of general nationwide circulation shall no longer be required starting 29 October 2018;

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 ISSUANCE of a Circular reminding all government instrumentalities of the implementation of the sunset clause provided in Section 21.2.1 of the 2016 revised IRR of RA 9184, attached hereto as Annex "A".

This resolution shall take effect immediately.

APPROVED this 18th day of October 2018 at Pasig City, Philippines. CAIHTE

(SGD.) ___________________________Department of Budget and Management

___________________________National Economic and

(SGD.) ___________________________Department of Education

___________________________Department of Energy

___________________________Department of Finance

(SGD.) ___________________________Department of Health

___________________________Department of Information and

___________________________Department of the Interior and

___________________________Department of National Defense

(SGD.) ___________________________Department of Public Works and Highways

(SGD.) ___________________________Department of Science and Technology

(SGD.) ___________________________Department of Trade and Industry

(SGD.) ___________________________Department of Transportation

(SGD.) ___________________________Private Sector Representative

ANNEX A

GPPB Circular No. 08-18October 18, 2018