APPROVING THE REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184

WHEREAS, Republic Act No. 9184 (R.A. 9184), entitled “an Act
Providing for the Modernization, Standardization and Regulation of the
Procurement Activities of the Government and for Other Purposes,” took
effect on 26 January 2003, while its Implementing Rules and Regulations
Part A (IRR-A) took effect on 8 October 2003;

WHEREAS, the Government Procurement Policy Board (GPPB), under
Section 63 of the IRR-A of RA 9184, is mandated to formulate and amend
public procurement policies, rules and regulations, and amend, whenever
necessary, the IRR-A of RA 9184;

WHEREAS, during the Philippines Development Forum held last March
2008, the Government of the Philippines (GOP) and its Development
Partners agreed to formulate the implementing rules and regulations
governing procurement of foreign-funded projects (IRR-B) within one (1)
year thereof;

WHEREAS, during the 4^th GPPB Regular Meeting, held last 29 April
2008, the proposed steps for the formulation of IRR-B and the
corresponding timelines for each step was presented to and duly approved
by the GPPB;

WHEREAS, an IRR-B Committee was constituted consisting of the
following: 1) Government of the Philippines (GOP) through the GPPB; 2)
Development Partners; and 3) Civil Society Organization (CSO) and
Private Sector;

WHEREAS, the salient provisions of the proposed IRR-B, the priority
issues and other pertinent matters were discussed in a series of small
group meetings/discussions held from the months of July to September
2008, as well as, in two (2) consultation meetings held on 3 June and 8
July 2008, respectively;

WHEREAS, during the 8^th GPPB Regular Meeting held last October 2008,
the Board instructed the GPPB – Technical Support Office (GPPB-TSO) to
move towards the issuance of one implementing set of rules and
regulations for both locally-funded and foreign-assisted projects
considering that several of the issues raised also apply to
locally-funded procurement, and for purposes of greater harmonization;

WHEREAS, in the Joint GPPB and IRR-B Committee Meeting held last 12
December 2008, the GPPB approved the consultation process presented for
the one IRR, particularly the design, strategy, target participants, and
timelines therefor;

WHEREAS, a series of IRR Consultation Meetings were held from 27
January – 28 February 2009 to gather the comments/suggestions of various
stakeholders, namely, representatives from selected National Government
Agencies (NGAs), Government Owned and Controlled Corporations (GOCCs),
Government Financial Institutions (GFIs), State Universities and
Colleges (SUCS), Military, Water Districts, Local Government Units and
Observers;

WHEREAS, the GPPB, in its meeting held last 6 March 2009, extended
the period for the preparation of the revised IRR for two (2) months
from 2 April to 5 June 2009;

WHEREAS, the GPPB, jointly with its Inter-Agency Technical Working
Group (IATWG), were provided with an overview of the IRR Draft, the
matrix of proposed changes, and policy issues for their comments,
resolution and/or approval in meetings held last 03 April 2009, 24 April
2009, and 29 May 2009, respectively;

WHEREAS, in its 5^th joint meeting with the IATWG held last 29 May
2009, the GPPB resolved to create and delegate to an Executive
Committee, composed of representatives coming from the National Economic
and Development Authority, and the Departments of, Budget and
Management, Education, Health, and Public Works and Highways, the review
and initial approval of the latest draft of the Revised IRR of R.A.
9184;

WHEREAS, during its meeting held last 17 July 2009, the Executive
Committee, after much deliberation, eventually agreed on the latest
draft of the Revised IRR of RA 9184, and thereby resolved to recommend
the same to the Government Procurement Policy Board for final approval;

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 approve, as WE hereby
approve the Revised Implementing Rules and Regulations of Republic Act
9184, a copy of which, as initialed on each and every page thereof by
the Board Secretary, is attached hereto as Annex “A”^[*] and made an integral part hereof.

This Resolution shall take effect immediately.

Adopted: 22 July 2009

Signed by different representatives of:

Department of Budget and Management
National Economic and Development Authority
Department of National Defense
Department of Education
Department of Health
Department of Interior and Local Government
Department of Energy
Department of Public Works and Highways
Department of Finance
Department of Trade and Industry
Department of Science and Technology
Department of Transportation and Communications
Private Sector Representative

Attested by:

(SGD.) RUBY U. ALVAREZ
Board Secretary, GPPB Executive Director III, GPPB-TSO

 

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^[*] Text Available at Office of the National Administrative Register, U. P. Law Complex, Diliman, Quezon City.