In the first semester of CY 2023, the GPPB-TSO consolidated the results of the consultations and reviewed the same against the provision of the law, its Implementing Rules and Regulations, and Supreme Court decisions relating to procurement.
Study Topic | Particulars | Inclusive Dates |
|---|---|---|
1st Quarter General Review of RA No. 9184 and its IRR, and other associated Issuances (Based on the common queries received from requests for opinion or clarification from Procuring Entities (PEs) and those raised during procurement trainings, as well as from the data gathered from procurement monitoring reports) | Consolidation of all revisions and updates made in the IRR from November 2016 onwards, including other laws, issuances, rules and policies related to government procurement. | 16 February – 30 March 2023 |
| Collation of common issues or gaps in the procurement process to provide possible interventions for improvement or enhancement of the existing rules and regulations. | 03 March – 17 March 2023 | |
| Comparison and pairing of the provisions of RA No. 9184 and its IRR, and its associated issuances, alongside the other related laws, rules and regulations affecting procurement, and minutes of the meetings. | 03 March – 17 March 2023 | |
| Scoping of the Supreme Court decisions relating to procurement and government to clarify gaps noted in the said cases as well as integrating and considering any important ruling made by the Court. | 03 March – 17 March 2023 | |
Study on beneficial ownership to enhance transparency and mitigate corruption risks in government procurement | As an initial step, a data sharing agreement has been signed with the SEC to acquire information on beneficial ownership of bidders. Further, the study will look into relevant laws, regulations, and disclosure policies, and provide recommendations on implementing beneficial ownership disclosure. These recommendations will serve as the basis for the rules on beneficial ownership and conflict of interest statements, as well as the disclosure forms to be utilized by the prospective bidders. | 19 April 2023 - 30 June 2023 |
Development of a toolkit on project costing and technical specifications writing | This study is undertaken to further capacitate PEs in identifying the project requirements and in preparation for the introduction of life cycle costing analysis Despite the existing Generic Procurement Manual Vol. 1 and 2, PEs continue to experience challenges in preparing cost estimates, resulting in unnecessary, extravagant, and excessive Approved Budget for the Contracts (ABCs) of various procurement projects. The toolkit will provide guidance to PEs in utilizing the various methodologies in project costing and technical specifications drafting to create a more responsive and accurate ABC estimation. | 19 April – 18 August 2023 |
Updating of the Procurement Observers Guide (POG), including the development of a dedicated portal | This study aims to support the COA, civil society organizations, national government organizations, and private sector groups acting as Observers in government procurement activities. The updating of POG will simplify the terms and align them with the existing issuances. The development of the portal, on the other hand, is a vital tool for ensuring transparency and accountability in the procurement process. Moreover, a portal will allow the Observers to actively participate in the government procurement process, allowing them to register, log in, and submit reports. Moreover, PEs will have access to an Observers directory to invite potential Observers for their projects. | 19 April 2023 – 18 August 2023 |
Study on Debarment/Blacklisting and other Sanction Mechanisms | This study aims to revisit the current guidelines for the blacklisting of suppliers, contractors, and consultants which will shift the focus from using debarment as a punitive tool in government procurement to a more flexible system which will improv the trustworthiness of the suppliers. This will include considerations of enforcement, centralized decision-making structures and exhaustion of administrative steps while allowing appeals to courts, as well as possible cross-border cooperation. | 27 March – 04 April 2023 |
Study to examine regulatory requirements such as licenses and permits of other offices to identify overlaps and validate eligibility requirements | This involved reviewing the multitude of regulatory requirements that cut across public procurement which will provide an opportunity to identify specialized procurement projects and harmonize the same within the purview of the principles of efficiency and effectiveness in public procurement. | 27 March – 04 April 2023 |