Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012
The GPPB Circular No. 04-15, issued on April 30, 2015, addresses the compliance of various government entities with the provisions of RA 9184 regarding public procurement. It reiterates the GPPB's position that Section 9 (b) (ii) of DOLE Department Order No. 18-A is in violation of Article IX, Section 31 of RA 9184, as it imposes a mandatory 10% administrative fee, effectively setting a floor price for service agreements. This circular emphasizes that such a fee contravenes the law's stipulation of no lower limit on award amounts. The GPPB is authorized to formulate and enforce procurement policies to protect national interests. The circular is effective immediately and mandates compliance from all relevant government entities.
Quick Answers
- What is Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012 about?
- The GPPB Circular No. 04-15, issued on April 30, 2015, addresses the compliance of various government entities with the provisions of RA 9184 regarding public procurement. It reiterates the GPPB's position that Section 9 (b) (ii) of DOLE Department Order No. 18-A is in violation of Article IX, Section 31 of RA 9184, as it imposes a mandatory 10% administrative fee, effectively setting a floor price for service agreements. This circular emphasizes that such a fee contravenes the law's stipulation of no lower limit on award amounts. The GPPB is authorized to formulate and enforce procurement policies to protect national interests. The circular is effective immediately and mandates compliance from all relevant government entities.
- What type of law is GPPB Circular No. 04-15?
- Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012 (GPPB Circular No. 04-15) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012 enacted?
- Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012 (GPPB Circular No. 04-15) was enacted on Apr 30, 2015.
- What is the citation for Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012?
- Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012, GPPB Circular No. 04-15, Apr 30, 2015 (Philippines)
Law Information
- Reference Number
- GPPB Circular No. 04-15
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Government Procurement
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 30, 2015
GPPB CIRCULAR NO. 04-15
| TO | : | Heads of Departments, Bureaus, Offices and Agencies of the National Government including State Universities and Colleges, Government Owned and/or Controlled Corporations, Government Financial Institutions, and Local Government Units |
| SUBJECT | : | Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012 |
1.0 Purpose
This Circular is being issued to reiterate the position of the Government Procurement Policy Board (GPPB) declaring Section 9 (b) (ii) of DOLE DO No. 18-A violative of Article IX, Section 31 of RA 9184 and its revised Implementing Rules and Regulations (IRR). ICHDca
2.0 Coverage
All Departments, Bureaus, Offices and Agencies of the National Government including State Universities and Colleges, Government-Owned and/or Controlled Corporations, Government Financial Institutions, and Local Government Units.
3.0 GPPB Position
As explained in the previous GPPB Policy Matter (PM) Opinions, 1 the 10% administrative fee provided for under Section 9 (b) (ii) of DO 18-A is a percentage rate that has for its effect the fixing of a floor price imposed on all service agreements. The said 10% administrative fee is a direct contravention of Article IX, Section 31 of RA 9184 which provides that "there shall be no lower limit to the amount of the award". Hence, the position of the Board that Section 9 (b) (ii) of DOLE DO No. 18-A is violative of RA 9184 and its revised IRR remains.
4.0 Authority of the GPPB
Under Section 63 of RA 9184 and its revised IRR, the GPPB is mandated, among others, to protect national interest in all matters affecting public procurement, to formulate and amend public procurement policies, rules and regulations, and to ensure proper implementation by Procuring Entities of the provisions of RA 9184 and its IRR, including Section 31 thereof.
5.0 This Circular shall take effect immediately.
6.0 For guidance and compliance.
(SGD.) FLORENCIO B. ABADChairperson
Footnotes
1. GPPB PM Nos. 03-2012, dated 30 November 2012 and 02-2013, dated 11 April 2014.
Cite This Law
Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012, GPPB Circular No. 04-15, Apr 30, 2015 (Philippines)
Reiteration of GPPB Position on Section 9 (b) (ii) of Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A Pursuant to GPPB Resolution No. 14-2012 dated 1 June 2012, GPPB Circular No. 04-15 (Phil. 2015)
Related Laws
- Reiterating the Position of the GPPB Relative to DOLE Department Order No. 18-A, Section 9 (b) (ii)GPPB Resolution No. 14-15 • Apr 30, 2015 • Other Rules and Procedures
- Amending DO No. 115-B, S. 2012 on Operational Guidelines on the Issuance of Child Labor-Free Establishment and/or Zone SealDOLE Department Order No. 115-C-14 • Jul 28, 2014 • Other Rules and Procedures
- Approval to Issue Non-Policy Opinion on the Guidelines on the Procurement of Printing Services, Amending GPPB Res. 08-2012GPPB Resolution No. 24-12 • Nov 23, 2012 • Other Rules and Procedures
- Approving and Adopting the Internal Rules for the Exercise by the GPPB of its Approval Power under Executive Order No. 423GPPB Resolution No. 11-06 • Jun 14, 2006 • Other Rules and Procedures
- Implementing Guidelines on Agency-to-Agency Arrangements under Section 53 (E) of the IRR-A of R.A. 9184GPPB Resolution No. 18-07 • May 31, 2007 • Other Rules and Procedures
- Resolution Approving and Adopting the Policy on Job Order and Contract of ServiceGPPB Resolution No. 09-12 • Apr 27, 2012 • Other Rules and Procedures
Browse More Other Rules and Procedures
Explore other laws in the Other Rules and Procedures category.
View All Other Rules and ProceduresNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law