Proposed Amendments to RA No. 9184 to be Submitted to Subcommittee on Accountability of Public Officers and Investigations (Blue Ribbon)

February 5, 2016

GPPB RESOLUTION NO. 002-16

PROPOSED AMENDMENTS TO REPUBLIC ACT (RA) NO. 9184 TO BE SUBMITTED TO SUBCOMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS (BLUE RIBBON)

WHEREAS, on 20 November 2014, the Subcommittee on Accountability of Public Officers and Investigations (Blue Ribbon), represented by the Honorable Senator Aquilino L. Pimentel III, requested the Government Procurement Policy Board (GPPB), through its Technical Support Office (TSO), for proposed amendments to the existing law on public procurement, RA 9184, in order to strengthen the enforcement powers of the institution and address the loopholes in the procurement of infrastructure projects;

WHEREAS, during the Joint GPPB and Inter-Agency Technical Working Group (IATWG) meeting held on 5 December 2014, the Board resolved to direct the GPPB-TSO, through its Executive Director, to request the Senate Blue Ribbon Sub-Committee for an extension of six (6) months to conduct a full study on the possible amendment of the procurement law;

WHEREAS, on 30 January 2015, the GPPB issued Resolution No. 5-2015 creating the IRR Review Committee composed of the members of the GPPB IATWG. On 5 January 2016, upon follow-up by the Office of the Honorable Senator Pimentel, the GPPB-TSO sent its initial comments on key procurement issues raised during the hearings conducted on the Proposed Senate Resolution, thus: "[T]he procurement issues may be addressed by the present provisions of RA 9184 and its Implementing Rules and Regulations (IRR), and by continuous monitoring of compliance by Procuring Entities and strengthened capacity development of procurement practitioners through procurement professionalization";

WHEREAS, during the 2nd GPPB and IATWG joint meeting held on 5 February 2016, the GPPB-TSO presented to the Board its proposed comments and recommendations to be submitted to the office of the Honorable Senator Pimentel to address the following: ICHDca

a) Procurement issues already addressed in the present IRR and have been addressed with the revision of the IRR.

b) Proposed amendments to RA 9184 identified in the course of the IRR Revisions.

WHEREAS, subject to further proposals for amendments on RA 9184 to be submitted by the GPPB and IATWG members, the Board, as the agency mandated under RA 9184 to formulate and amend public procurement policies, rules and regulations, approved the reply to the Honorable Senator Pimentel, relative to the proposed amendments to RA 9184, as shown in Annex "A" hereof, including the statement of the accomplishments and works being done by the GPPB to advance procurement reform in the country.

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 proposed amendments to RA 9184 to be submitted to the Office of the Honorable Senator, as shown in the attached Annex "A," subject to additional proposals to be submitted by the members of the GPPB and IATWG.

This resolution shall take effect immediately.

APPROVED this 5th day of February 2016 at Pasig City, Philippines.

(SGD.) ________________________________Department of Budget and Management

________________________________National Economic and Development Authority

(SGD.) ________________________________Department of Education

(SGD.) ________________________________Department of Energy

________________________________Department of Finance

________________________________Department of Health

________________________________Department of the Interior

________________________________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

Attested by:

(SGD.) DENNIS S. SANTIAGOBoard Secretary, GPPB