Guidelines on the Conduct of Procurement Activities During the Election Period for the 13 May 2019 National and Local Elections

February 7, 2019

GPPB RESOLUTION NO. 03-2019

GUIDELINES ON THE CONDUCT OF PROCUREMENT ACTIVITIES DURING THE ELECTION PERIOD FOR THE 13 MAY 2019 NATIONAL AND LOCAL ELECTIONS

WHEREAS, the synchronized national and local elections are scheduled to take place on 13 May 2019 in accordance with Section 2 of Republic Act (RA) No. 7166; 1

WHEREAS, Paragraph (v) of Section 261 of Batas Pambansa No. 881 2 or the Omnibus Election Code of the Philippines (OEC), proscribes the release, disbursement or expenditure of public funds by any public official or employee including barangay officials and those of government-owned or controlled corporations and their subsidiaries, subject to certain exceptions;

WHEREAS, Paragraph (b) of Section 94 of the Omnibus Election Code defines expenditure to include: "[t]he payment or delivery of money of anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. It shall also include the use of facilities personally owned by the candidate, the money value of the use of which can be assessed based on the rates prevailing in the area";

WHEREAS, Paragraph (w) of Section 261 of the OEC prohibits the construction of public works, delivery of materials for public works and issuance of treasury warrants and similar devices forty-five (45) days before the date of election, except for projects or works exempted under Section 261 (v);

WHEREAS, the Commission on Elections (COMELEC) issued Resolution No. 10429 dated 01 October 2018, providing for the calendar of activities and periods of prohibited acts in connection with the May 13, 2019 national and local elections;

WHEREAS, in previous elections, the Government Procurement Policy Board (GPPB) issued the following resolutions and circular to guide procuring entities in complying with the election ban guidelines:

a. GPPB Resolution No. 12-2009, dated 27 November 2009 (May 2010 National and Local Elections);

b. GPPB Circular No. 04-2012, dated 23 November 2012 (May 2013 National and Local Elections); and

c. GPPB Resolution No. 21-2015 dated 18 August 2018 (May 2019 National and Local Elections). n

WHEREAS, the GPPB-Technical Support Office recommends the issuance of a Circular to remind procuring entities of procurement activities that are prohibited starting 29 March 2019 until 12 May 2019 in accordance with COMELEC Resolution No. 10429;

WHEREAS, during the 1st Joint Meeting of the GPPB and Inter-Agency Technical Working Group on 07 February 2019, the GPPB resolved to adopt the recommendation of the GPPB-TSO;

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 to ISSUE a CIRCULAR reiterating the Guidelines on the Conduct of Procurement Activities of Government Agencies during the Election Period, pursuant to the Resolution on the Calendar of Prohibited Activities to be issued by COMELEC.

This resolution shall take effect immediately.

APPROVED this 7th day of February 2019 at Quezon City, Philippines. CAIHTE

(SGD.) ___________________________Department of Budget and Management

(SGD.) ___________________________National Economic and Development Authority

___________________________Department of Education

(SGD.) ___________________________Department of Energy

___________________________Department of Finance

(SGD.) ___________________________Department of Health

___________________________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

___________________________Department of Transportation

(SGD.) ___________________________Private Sector Representative

ATTACHMENT

GPPB Circular No. 01-19February 7, 2019

 

Footnotes

1. An Act Providing for Synchronized National and Local Elections and for Electoral Reforms, Authorizing Appropriations Therefor, and for Other Purposes. Dated 26 November 1991.

2. Dated 03 December 1985.

n Note from the Publisher: Copied verbatim from the official copy.