GPPB Resolution No. 01-07Feb 23, 2007Other Rules and Procedures

GPPB Resolution No. 01-07, issued on February 23, 2007, provides guidelines for conducting government procurement activities during the election ban period from March 30 to May 14, 2007, in light of the upcoming national and local elections. The resolution aligns with the Commission on Elections' (COMELEC) prohibitions under the Omnibus Election Code, particularly concerning public works and social projects. While public bidding for various projects can occur, the issuance of Notices of Award is restricted for most new projects until after the election period to prevent political influence. Exceptions exist for ongoing projects, emergency works, and routine expenses, requiring compliance with specific reporting and documentation requirements to COMELEC. The guidelines are effective immediately to ensure transparency and adherence during the election season.

February 23, 2007

GPPB RESOLUTION NO. 01-07

GUIDELINES ON THE CONDUCT OF PROCUREMENT ACTIVITIES FROM MARCH 30 TO MAY 14, 2007

WHEREAS, the synchronized national and local elections are scheduled to take place on May 14, 2007; cCaIET

WHEREAS, the Commission on Elections, (COMELEC) pursuant to the powers vested in it by the Constitution and other elections laws, promulgated Resolution No. 7707 providing therein the prohibited activities under Section 261 (v) and (w) of the Omnibus Election Code;

WHEREAS, there is a need to reconcile said resolution with the provisions of Republic Act No. 9184 and its Implementing Rules and Regulations in order to guide government agencies on the conduct of their procurement activities from March 30 to May 14, 2007 or the period of prohibition under Section 261 (v) and (w) of the Omnibus Election Code;

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, and after consultation with the Commission on Elections, hereby RESOLVE to confirm, adopt and approve, as WE hereby confirm, adopt and approve the attached Guidelines on the Conduct of Procurement Activities from March 30 to May 14, 2007.

This resolution shall take effect immediately.

APPROVED this 23rd day of February 2007 at Pasig City, Philippines.

 

(SGD.) ROLANDO G. ANDAYA, JR.
 
(SGD.) ROMULO L. NERI
Secretary
 
Secretary
Department of Budget and
 
National Economic and
Management Development
 
Authority 
 
 
 
National Economic and
 
Department of National
Development Authority
 
Defense
 
 
 
Department of Education
 
Department of Health 
 
 
 
Department of the Interior
 
Department of Energy
and Local Government 
 
 
 
 
 
Department of Public Works
 
Department of Finance
and Highways
 
 
 
 
 
Department of Trade and
 
Department of Science and
Industry Technology
 
 
 
 
 
Department of Transportation
 
Private Sector Representative
and Communications 
 
 
 
 
 
 
Attested by:
 
 
 
 
 
RUBY U. ALVAREZ
 
 
Board Secretary, GPPB
 
 
Executive Director, GPPB-TSO 
 

 

 

ANNEX A

GUIDELINES ON CONDUCT OF PROCUREMENT ACTIVITIES

FROM MARCH 30 TO MAY 14, 2007

1.0 Scope

These guidelines shall govern the conduct of procurement activities of the government, including local government units, state universities and colleges, and government owned and controlled corporations from March 30, 2007 to May 14, 2007. ECDaAc

2.0 Purpose

In coordination with the Commission on Election (COMELEC), these guidelines are being issued in order to advise government agencies on the procurement activities it may or may not undertake under Section 261 (v) and (w) of the Omnibus Election Code.

These guidelines serve to remind agencies that the election ban is not designed to paralyze the operations of the government but to insulate government procurement from political partisan activities, usually in the form of new projects, which are designed to influence the public during the upcoming national and local elections.

3.0 Definition of Terms

3.1 Public Works

The term "public works" shall refer to the construction, improvement, rehabilitation, repair, or restoration of roads and bridges, railways, airports, seaports, communication facilities, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospitals buildings, and other related construction projects of the government. For purposes of these guidelines, the term "public works" shall be used interchangeably with "civil works".

3.2 Social and Housing Related Projects

The term "social projects" shall refer to activities undertaken by the Department of Social Welfare and Development (DSWD), Housing and Urban Development Coordinating Council (HUDCC), and other agencies performing similar functions.

3.3 Routine and Normal/Administrative Expenses

Expenses required for the day-to-day operations of the agency, such as salaries, light, heat, and power.

4.0 Guidelines

Public bidding and procurement through any of the alternative modes may be undertaken and completed from March 30, 2007 to May 14, 2007 in accordance with the Annual Procurement Plan (APP) of the procuring entity, except for the following:

4.1 Public Works. No notices of award, whether through public bidding or any of the alternative modes of procurement, may be issued for public works from March 30, 2007 to May 14, 2007.

While public bidding for public works may be conducted, the procuring entity should withhold the issuance of the Notice of Award from March 30, 2007 until May 14, 2007.

However, procurement for any of the following public works is allowed:

4.1.1 Maintenance Work. Maintenance of existing and/or completed public works projects; provided that no additional laborers shall be employed. Only the average number of laborers or employees employed during the six (6) month period immediately prior to March 30, 2007 shall be permitted to work during such time.

4.1.2 Contract entered into or awarded before election ban. Notices of award, whether through public bidding or negotiated procurement, issued before March 30, 2007, provided that such award was reported to the Commission on Elections (COMELEC) in accordance with Section 5 of these guidelines.

4.1.3 Preparatory works. Payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and filed storehouses before the beginning of such period. cCAaHD

4.1.4 Calamity. Emergency works necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility.

4.1.5 Ongoing projects. Ongoing public works commenced before March 30, 2007, provided that such project was reported to the COMELEC in accordance with Section 5.

4.1.6 Similar projects under foreign agreements. Ongoing foreign assisted projects commenced before March 30, 2007 are likewise allowed, provided that such project was reported to COMELEC in accordance with Section 5.

4.2 Social Projects. No notice of award, whether through public bidding or any of the alternative modes of procurement, may be issued for social projects by the DSWD and any other departments performing functions similar to DSWD from March 30, 2007 to May 14, 2007.

While public bidding for social projects may be conducted, the procuring entity should withhold the issuance of the Notice of Award from March 30, 2007 to May 14, 2007, except for the following:

4.2.1 Routine and normal expenses. Routine and normal expenses of the department.

4.2.2 COMELEC Exemption. Such other expenses authorized by COMELEC after due notice and hearing.

4.3 Housing-related projects. No notice of award, whether through public bidding or any of the alternative modes of procurement, may be made for housing-related projects by the HUDCC and any other agency of the government performing similar functions from March 30, 2007 to May 14, 2007.

While public bidding for housing projects may be conducted, the procuring entity should withhold the issuance of the Notice of Award from March 30, 2007 until May 14, 2007, except for the following:

4.3.1 Administrative expenses. Such other necessary administrative expenses. TADCSE

4.3.2 COMELEC Exemption. Such other expenses authorized by COMELEC after due notice and hearing.

4.4 Issuance of treasury warrants or similar devices. Issuance, use or availment of treasury warrants or any device undertaking future delivery of money, goods or other things of value chargeable against public funds such as letters of credit.

5.0 Reportorial Requirements

5.1 COMELEC

On or before March 22, 2007, the head of the procuring entity shall submit to the COMELEC through its regional election directors/provincial election supervisors/election officers concerned, copy furnished the Department of Public Works and Highways (DPWH), certified lists of the following:

(i) All ongoing public works projects commenced before March 30, 2007;

(ii) Similar ongoing projects under foreign agreements commenced before March 30, 2007; and

(iii) Notices of award for public works issued before March 30, 2007 together with a copy of each of said contracts.

If after March 22, 2007, there are public works projects commenced or awarded before March 30, 2007, a supplemental certified list shall also be submitted to the COMELEC, copy furnished the DPWH, by the head of the procuring entity.

5.2 Philippine Government Electronic Procurement System (PhilGEPS)

All invitations to bid and awards of contracts issued during the election period shall be posted in the PhilGEPS in accordance with the provisions of Republic Act No. 9184 and its Implementing Rules and Regulations Part A.

6.0 Effectivity

These Guidelines shall take effect immediately. DEIHSa