Government Procurement Act IRR

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RULE I: General Provisions Section 1: Short Title and Purpose Issued under Section 112 of RA No. 12009 ("New Government Procurement Act"). Guides Procuring Entities from procurement planning to contract implementation . Section 2: Declaration of Policy Promotes good governance : transparency, competitiveness, efficiency, proportionality, accountability, public monitoring, procurement professionalization, sustainability. Aims for value for money and effective/responsible use of public funds. Doubts resolved in favor of government procurement . Section 3: Governing Principles on Government Procurement Transparency: Access to information, open contracting. Competitiveness: Equal opportunity for eligible suppliers. Efficiency: Organized, uniform, straightforward process. Proportionality: Reasonable conditions for needs & complexity. Accountability: Officials responsible, ethical standards. Participatory Procurement: Public monitoring. Sustainability: Whole life cycle, value for money, societal/economic benefits, minimal environmental impact. Professionalism: Qualification standards, competency, ethics. Section 4: Scope and Application Applies to all procurement by GoP branches, agencies, GOCCs, GFIs, SUCs, LGUs. Treaties/international/executive agreements prevail in case of conflict. Act and IRR apply to foreign-funded procurement unless treaty specifies different rules. Exclusions: Foreign grants covered by RA No. 8182 (unless agreed). Real property acquisition (governed by RA No. 10752). Public-private sector projects (RA No. 11966), but Act/IRR apply to GoP-financed portions. Not procurement activities: Direct assistance to beneficiaries. Scholarships, trainings, conferences. Engagement of Contract of Service (COS) and Job Order (JO) workers. Disposal of government properties (unless specified). Section 5: Definition of Terms (Key Terms) Approved Budget for the Contract (ABC): Approved budget by HoPE. Beneficial Owner: Natural person with ultimate control. Bid: Signed offer/proposal. Bidder: Supplier submitting a bid. Bidding Documents: Information for bidders. Bids and Awards Committee (BAC): Committee for procurement. Blacklisting: Administrative penalty prohibiting participation. Common-Use Supplies and Equipment (CSE): Repetitively used goods in PhilGEPS. Consulting Services: Services requiring external expertise. End-User or Implementing Unit: Unit planning/implementing procurement. Environmental Impact: Consequences on ecological integrity. Financial Eligibility: Financial capacity. Fit-for-Purpose: Suitable strategy for specific needs. Goods: Items, supplies, materials, general support services. Green Criteria: Standards for environmental sustainability. GPPB: Government Procurement Policy Board. Head of the Procuring Entity (HoPE): Head of agency or authorized official. Infrastructure Projects: Construction, improvement, rehabilitation. Jury Duty: BAC/TWG/Secretariat priority for procurement. Legal Eligibility: Legal capacity. Life Cycle Cost: Total cost of ownership. Multi-Year Contractual Authority (MYCA): Authority for multi-year projects. Philippine Government Electronic Procurement System (PhilGEPS): Single electronic procurement portal. Philippine Products and Services: Local goods, articles, services. Portal: Website integrating content. Procurement: Acquisition of Goods, Consulting Services, Infrastructure Projects. Procuring Entity: Any government branch/instrumentality procuring. Technical Eligibility: Experience/expertise. Value for Money: Optimum combination of quality and cost. RULE II: Strategic Procurement Planning Section 7: Strategic Procurement Planning and Budgeting Linkage All procurement requires proper planning and preparation (relevance, value for money, risks). Procuring Entities implement Fit-for-Purpose and Proportional approaches . Planning stage considerations: LCA, LCCA , Subcontracting, Multi-year Contracting, EPA, Design and Build, Procurement Agent, Framework Agreement, Pooled Procurement, Renewal of Services, Warehousing. Minimal economic, social, environmental risks throughout life cycle. Consider responsible/sustainable consumption and production practices . Disposal requirements should consider rehabilitation, transfer, auction. Subcontracting (Goods & Infrastructure): HoPE approval required . Max 20% for Goods , 50% for Infrastructure (or GPPB-approved percent). Limited to non-"significant or material" components. Disclosed in Bidding Documents. Subcontractors must meet eligibility criteria. General contractor remains liable . General contractor & subcontractor share liability for safety/labor. Procured goods must be brand new , unless second-hand/refurbished/reconditioned offer value for money (DBM guidelines). All procurement within approved budget. Only crucial items in Annual Procurement Plan (APP) . Project Procurement Management Plans (PPMPs): End-User/Implementing Units formulate PPMPs for PAPs. Includes procurement type, objective, quantity, modes, schedule, budget, technical specs. Indicative PPMPs evaluated for budget proposal, consolidated into Indicative APP. Indicative APP submitted to BAC for HoPE recommendation. Final PPMPs reflect authorized budget, consolidated into final APP, posted. No government procurement without approved Indicative APP or final APP . Section 8: Detailed Engineering for Infrastructure Projects No bidding/award unless detailed engineering approved , and right-of-way acquired . Procurement may start for projects with pending right-of-way, but no award until permit/deed/writ . Detailed engineering based on feasibility/preliminary study. Detailed engineering activities: Survey, Site/Soils/Construction Materials Investigation, Design Plans, Technical Specifications, Cost Estimates, Scope of Work, Construction Schedule, Site/Right-of-Way Plans, Utility Relocation Plan, Design Report, Environmental Impact Statement, Construction Safety and Health Program, Value Engineering Studies, Bidding Documents, Asset Climate Hazards Report. Construction Quantities: Accurate within $\pm$ 10%. ABC for fixed-price contracts includes projected construction cost movements. Phased projects require clear delineation of usable, structurally sound work for each phase. Certification from End-User/Implementing Unit/consultants that designs conform to standards. Section 9: Multi-Year Contracting MYCA or similar documents required for locally-funded multi-year contracts. Total project cost in MYCA is ABC basis. NGAs, SUCs, GOCCs, GFIs (GAA-funded): Secure MYCA from DBM. LGUs: Secure equivalent Sanggunian document. Section 10: Market Scoping Preliminary undertaking for PPMP preparation (cost estimates, design, specs, lead time). Activities: Consultations, summits, market reviews, product brochures, price sourcing, PhilGEPS data. Collects market info to understand supply environment, identify suppliers, assess trends. Observes principle of Proportionality . PPMP covers: Proper cost estimates (direct/indirect, contingencies, inflation, LCC). Project Design and Specifications (functionality, standards, environmental factors). Technical criteria for bids (performance, safety, quality, expertise, financial stability, past performance, climate resilience). Delivery lead time (supply chain, market availability, logistics). Section 11: Specifications Specifications for Goods/Infrastructure/Consulting Services based on performance/functionality, product/service standards, or industry standards . No brand name reference allowed , except for technical compatibility, interoperability, maintenance, or warranty preservation (with justification). Section 12: Early Procurement Activities (EPA) Authorized for Goods, Infrastructure, Consulting Services for next fiscal year, short of award , once NEP/budget/loan agreement submitted. EPA only upon HoPE approval of Indicative APP . ABC for EPA not to exceed Indicative APP amount . No award until funding approved and final APP approved by HoPE. Section 13: Life Cycle Assessment and Life Cycle Cost Analysis Apply LCA and LCCA in project planning, eligibility, selection, contract implementation (subject to GPPB guidelines). LCA: Evaluates environmental/social impacts of Goods (raw material to disposal). LCCA: Calculates total cost of ownership (acquisition, operation, maintenance, disposal). Transparent methodology for data and calculation. Guided by proportionality and Fit-for-Purpose approach. Section 14: Design-and-Build Scheme for Infrastructure Projects Single contractor responsible for design and construction. Aims for quality assurance, cost/schedule management, energy efficiency, environmental impact . Section 15: Engagement of a Procurement Agent HoPE may authorize engagement if Procuring Entity lacks capability . Cannot delegate issuance of Notice of Award/contract award . No fund transfer except for service fee. Mandatory conditions: Per project basis. Limited to Competitive Bidding (unless HoPE lacks qualified personnel). Agent is another government agency expert . One PE representative on Agent's TWG/BAC. Covered by MOA detailing project, accountabilities, fees. Section 16: Use of Framework Agreement Procurement strategy to expand bidders, achieve economies of scale , minimize administrative burden, save time/money. Option contract between Procuring Entity and bidder, stipulating terms for subsequent contracts. Section 17: Pooled Procurement Strategy to achieve value for money and efficiency through demand aggregation. Collaboration of Procuring Entities to consolidate requirements. Procedure: PE invites others to pool procurements (Non-CSE, Infrastructure, Consulting). Collaborating PEs (CPE) designate a Lead PE (LPE) to conduct procurement. LPE and CPEs enter MOA (ABC, scope, roles, BAC composition, quantity). CPEs separately issue Notice of Award, execute Contract, issue Notice to Proceed. No fund transfer for payment from CPEs to LPE . Section 18: Renewal of Regular and Recurring Services PE may renew regular/recurring services for continuity . Duration max 1 year (may exceed for office space/telecom). Conditions for renewal: Regular/recurring services: Janitorial, security, telecom, water, office rental, fuel, electricity, other essential services (procured repeatedly past 3 years). End-User/Implementing Unit conducts assessment and performance evaluation . Original contract awarded under RA 12009/IRR. Service provider not Blacklisted . Funds available. Section 19: Warehousing and Inventory System PEs may adopt general warehousing/cloud-based inventory system . PEs develop guidelines for warehousing: auditable systems, training, audits, reporting . Cloud-based inventory in consultation with DICT for security . RULE III: Procurement by Electronic Means Section 20: Procurement by Electronic Means The Philippine Government Electronic Procurement System (PhilGEPS): Single electronic portal for transparency, accountability, efficiency, value for money. Covers procurement planning to payment . Managed by PS-DBM . All PEs use PhilGEPS for CSE procurement. Key Features of PhilGEPS: Electronic Bulletin Board: Post procurement opportunities, notices, bidding results. Electronic Catalogue: Listing of CSE for PS-DBM. Virtual Store: PEs procure CSE online from PS-DBM. Electronic Marketplace: PEs search, view, compare, purchase goods. Electronic Bidding: Covers entire procurement process. Electronic Small Value Procurement. Electronic Reverse Auction. Electronic Payment: Digital payment system. Registry of Suppliers, Manufacturers, etc.: Centralized electronic database. Registration requires submission of PS-DBM requirements online. Platinum Membership valid for one year . PEs deny registration for misrepresentation or blacklisting. Registered parties may participate. Upload/maintain valid eligibility documents (SEC/DTI/CDA cert, GIS, Mayor's Permit, Tax Clearance, PCAB License, AFS). Foreign Bidders: Equivalent documents in English, authenticated. Apostille for Convention countries. Documents accompanied by Sworn Declaration of Compliance . PhilGEPS issues Certificate of Registration (Platinum) within 7 days. Open Data: Platform for procurement information. Use of PhilGEPS: All PEs mandated to fully use PhilGEPS . Manual procedures apply if electronic provisions are silent/ambiguous. PhilGEPS allows observers to monitor procurement online. Section 21: Electronic Payment Electronic and uniform payment system defined within Integrated Financial Management Information System (DBM, COA, DOF) . Section 22: Security, Integrity, and Confidentiality PhilGEPS ensures security, integrity, confidentiality of documents (audit trail, COA verification). Features updated periodically: audit trail, tracking performance . Section 23: Interconnectivity Systems between Government Agencies GPPB promulgates rules for interconnectivity of databases (PhilGEPS, DTI, CIAP/PCAB, LGUs, BIR, SEC/CDA, IC, PE websites). Section 24: Procurement Data Analytics GPPB (through TSO) analyzes PhilGEPS data/reports for: Strategic planning, Policy formulation, Fraud/non-competitive practice detection, Public awareness/monitoring . TSO submits quarterly report to GPPB. Section 25: Maintenance, Update, and Backup PhilGEPS undertakes periodic maintenance/upgrading (business continuity plan, backups). Ensures data protection, uninterrupted operations . RULE IV: Modes of Procurement Section 26: Modes of Procurement PE adopts Fit-for-Purpose modes : Competitive Bidding Limited Source Bidding Competitive Dialogue Unsolicited Offer with Bid Matching Direct Contracting Direct Acquisition Repeat Order Small Value Procurement Negotiated Procurement Direct Sales Direct Procurement for Science, Technology and Innovation BAC may delegate procurement activities for modes other than Competitive Bidding, Limited Source Bidding, Competitive Dialogue, Unsolicited Offer with Bid Matching . Section 27: Competitive Bidding Open to any eligible bidder . Processes: Publication, Pre-bid conference, Eligibility screening, Receipt/opening of bids, Evaluation, Post-qualification, Award. PE may always use Competitive Bidding . Section 28: Limited Source Bidding Direct invitation to pre-selected suppliers/contractors/consultants . Conditions: Highly specialized/complex Goods/Consulting Services from limited sources. Major plant components for optimum/uniform quality/performance . Highly specialized infrastructure projects affecting national security . Pre-selected parties from list maintained by relevant government authority or PE. Pre-selection based on: Capability/resources, Personnel/equipment/manufacturing facilities, Financial position, Good standing. PE observes Competitive Bidding procedure (except publication), may use reduced timelines . Section 29: Competitive Dialogue Two-stage bidding process : PE invites dialogue to propose solutions. Conditions: Innovative design/solutions for complex purchases. Requires prior negotiations due to nature, complexity, legal/financial issues, risks. Technical Specifications cannot be sufficiently established . Stage 1: Eligibility and initial technical proposals evaluated. Dialogue conducted. Submit initial technical proposals and eligibility within 45 days (Goods), 65 days (Infrastructure), 75 days (Consulting) . BAC determines eligibility, evaluates technical proposals ( "pass or fail" ). Eligible bidders participate in dialogue. BAC conducts dialogue to finalize technical components, specs, scope, design, terms, sustainability. BAC ensures fair treatment, non-disclosure of confidential info . Stage 2: Final technical and financial proposals submitted/evaluated. Within 10 days of Stage 1 finalization, issue specs/criteria. Bidders submit revised technical and financial proposals within 20 days . Contract awarded to LCRB, MEARB, MARB or HRRB. Section 30: Unsolicited Offer with Bid Matching PE considers unsolicited offers on negotiated basis for Goods/Consulting Services. "Original Offeror" submits offer involving new concept/technology . New concept/technology criteria: Substantial improvement over existing solutions. Incorporates emerging/sustainable technology. State-of-the-art technology (certified by independent agency). Significant benefits (efficiency, cost, outcome). PE invited comparative/competitive bids. Offeror submits: Details of new concept/technology, Proof of concept, Legal, technical, financial eligibility documents, Detailed proposed terms/conditions, Consent for bid matching . Within 20 days, PE assesses necessity. If needed, notifies offeror to submit complete documents within 30 days. Offer rejected if PE doesn't act or offeror fails to submit documents. Offeror may withdraw within 5 days of notice. Withdrawal after 5 days leads to procurement ban . Multiple unsolicited offers: "first in time, stronger in right" applies for original offeror. PE evaluates submitted requirements within 60 days (extendible 30 days) . If favorable, negotiates project scope, price, implementation, terms within 15 days . Unsuccessful negotiation: procurement terminated. Successful negotiation: PE certifies original offeror status. Offeror submits bid security. PE publishes Invitation to Bid for comparative/competitive bids. Original offeror may match LCCRB or submit lower price within 15 days. Award to original offeror if: No comparative bids, Comparative bids failed, Original offeror matches or submits lower price. Section 31: Direct Contracting Procurement mode for Goods not requiring elaborate Bidding Documents . Supplier submits price quotation/pro-forma invoice. Conditions: Proprietary goods from sole source (patents, trade secrets). Critical components from specific manufacturer to guarantee project performance. Sold by exclusive dealer with no sub-dealers at lower prices, no suitable substitute. Procedure: BAC prepares/sends Request for Quotation (RFQ)/pro-forma invoice, Simplified negotiations for most advantageous price, BAC recommends award to HoPE. Section 32: Direct Acquisition Procurement mode for CSE (not PS-DBM), Non-CSE, services with ABC $\le$ P200,000.00 . PE procures directly from known/reputable sources without canvass . Goods from stores. Services from service providers. Reflected in APP. Miscellaneous Items for petty cash/reimbursements. Petty Cash Fund use follows COA Circular No. 2012-001. HoPE may authorize direct purchase if: Suppliers registered with PhilGEPS, Goods available on e-commerce platforms, Goods readily available off-the-shelf. Procure only from sources issuing BIR-compliant invoices . Section 33: Repeat Order Procurement mode to replenish goods from previous winning bidder. Conditions: Unit price $\le$ original contract price and prevailing market price. Availed within 6 months of NTP from original contract (except GPPB-approved cases). Max 25% of original contract quantity for each item. Goods must be quantifiable, divisible, at least 4 units/item. Section 34: Small Value Procurement (SVP) PE requests $\ge$ 3 price quotations for Goods (not in PS-DBM), Infrastructure, Consulting Services. One quotation sufficient if amount $\le$ P2,000,000.00 (subject to GPPB review). LGU Thresholds (Maximum Amount in Philippine Peso): Classification of LGUs Province City Municipality 1st Class 2,000,000 2,000,000 400,000 2nd Class 2,000,000 2,000,000 400,000 3rd Class 2,000,000 1,600,000 400,000 4th Class 1,600,000 1,200,000 200,000 5th Class 1,200,000 800,000 200,000 Barangays 100,000 GPPB adjusts LGU thresholds. Procedure: RFQs/RFPs posted for 3 calendar days (except for ABC $\le$ P200,000.00). BAC sends RFQs/RFPs to $\ge$ 3 qualified suppliers. Others who responded to postings allowed. One quotation sufficient for evaluation. Section 35: Negotiated Procurement PE directly negotiates with technically, legally, financially capable supplier/contractor/consultant. Allowed instances: Two Failed Biddings: After two failures of Competitive Bidding, Limited Source Bidding, or Competitive Dialogue. BAC may revise eligibility/specs/ABC (ABC max 20% increase ). BAC invites $\ge$ 3 suppliers. Communication on negotiations must be equal. Emergency Cases: Imminent danger to life/property, time of essence due to calamities, other immediate action needed. Documentary requirements (expired Mayor's permit, Unnotarized OSS) accepted as basis for award. Infrastructure Projects: PE may use Negotiated Procurement, Administration, or AFP. Take-over of Contracts: Rescinded/terminated contracts where immediate action is needed. Adjacent or Contiguous: Contract adjacent/contiguous to ongoing project or consulting services with unique expertise. Original contract from Competitive Bidding, Limited Source Bidding, Competitive Dialogue. Uses same/lower unit prices as original contract (less mobilization). Amount $\le$ ongoing project. No negative slippage. Agency-to-Agency: Procurement from another government agency with mandate/absorptive capacity. Servicing Agency certifies mandate/capacity, PE validates. Sub-contracting not allowed (except in-house, job-order, pakyaw). Exclusions: AFP Corps of Engineers Infrastructure Projects, Printing Services from recognized printers, Goods from PS-DBM. Scientific, Scholarly or Artistic Work, Exclusive Technology and Media Services. Highly Technical Consultants: Individual consultants for highly technical/proprietary or confidential/policy-determining work. Max 1 year, renewable . Defense Cooperation Agreements and Inventory-Based Items: DND negotiates with foreign government agency for major defense equipment/materiel/consultancy services. Also for LEAs. Lease of Real Property and Venue: Preferred from other government agencies. If private, justification needed. ABC supported by canvass ($\ge$ 3 lessors) . Rental rates $\le$ ABC. Lease of expensive/luxury venues not allowed (except for international conventions). Non-Government Organization (NGO) Participation: If appropriation law earmarks funds for NGOs. No profit for NGO bids . Community Participation: PE directly purchases Goods (agricultural/fishery) or negotiates simple Infrastructure Projects with local communities/social groups (CSG). United Nations (UN) Agencies, International Organizations or International Financing Institutions. Direct Retail Purchase of Petroleum Fuel, Oil and Lubricant Products, Electronic Charging Devices, and Online Subscriptions. Online subscriptions: Max ABC P1M (P5M with HoPE approval). POL/ECDs: Direct purchase from retailers/gas stations at retail price, for official government vehicles. Section 36: Direct Sales Procurement mode for Non-CSE from supplier that satisfactorily delivered Non-CSE to another government agency. Conditions: Original Non-CSE procured via Competitive Bidding, Limited Source Bidding, Competitive Dialogue, or Unsolicited Offer with Bid Matching. Original agency certified satisfactory performance . Procurement initiated within 6 months of original acceptance. Supplier offers same/lower unit price . Section 37: Direct Procurement for Science, Technology, and Innovation PE procures goods/services directly from capable manufacturer/supplier or qualified startup . Goods/services: Supplies/materials/equipment/services for R&D; Products of commissioned tasks. Intellectual property rights belong to PE (unless written agreement). Section 38: Video Recording of All Procurement-Related Conferences for Competitive Bidding PE keeps video recording of all procurement-related conferences (pre-procurement, pre-bid, bid opening). Livestreaming of preliminary examination and bid opening. Mandatory video recording for: Goods $\ge$ P10M Infrastructure $\ge$ P20M Consulting $\ge$ P5M Copies stored for $\ge$ 5 years , available to public. RULE V: Bids and Awards Committee Section 41: The BAC and its Composition PE establishes BAC in head office (or decentralized units). HoPE may create multiple BACs. BAC Composition: HoPE designates 5 or 7 permanent officials (integrity, procurement proficiency). Chairperson (3rd ranking permanent official) . Officer (5th ranking or next lower, legal/admin expertise). Officer (5th ranking or next lower, finance expertise). Provisional Members: Officer with technical expertise, End-user representative. HoPE/approving authority cannot be BAC member . Chief Accountant/Local Treasurer cannot be regular member. BAC members have fixed 1-year term, renewable . Max 3 consecutive terms (except HoPE-allowed). Section 42: Functions of the BAC Recommends procurement modes to HoPE. Publishes/posts Invitation to Bid. Conducts pre-procurement/pre-bid conferences. Determines eligibility, receives/opens bids, evaluates bids, undertakes post-qualification. Resolves reconsideration requests. Recommends contract awards ( HoPE disapproval must be justified ). Recommends sanctions. Prepares semestral procurement monitoring report for GPPB. Other functions, including creating TWG (technical, financial, legal experts) . Quorum: Majority of BAC members . Chairperson/Vice-Chairperson must be present. Meetings in person or electronically. Majority decision valid. Chair/Vice-Chair votes only in case of tie. Section 43: Observers BAC invites $\ge$ 2 observers ( COA representative + private group/CSO/PO ) for key activities. No voting rights . Private group/CSO/PO: Relevant to procurement, registered with SEC/CDA, qualified (knowledge/expertise, no conflict of interest). Observers invited $\ge$ 5 days before activity. Absence doesn't nullify proceedings if invited. Responsibilities: Prepare report on observations (compliance, improvements), Submit report to HoPE, PhilGEPS, COA, GPPB, Ombudsman. Observers allowed free access to minutes, abstracts, reports, proposals. Must sign confidentiality agreement . Section 44: Procurement Unit Procurement unit/division/office serves as Secretariat to BAC . Ad hoc Secretariat if no unit. Secretariat functions: Administrative support to BAC/TWG, Organizes meetings, Prepares minutes/resolutions, Custody of procurement documents, Manages Bidding Documents sale/distribution, Publishes/posts bidding opportunities/Notices of Award, Assists in procurement processes, Monitors procurement, Consolidates PPMPs, prepares APP, Central communication channel. Section 45: Honoraria BAC/TWG/Secretariat members may receive honoraria ( max 30% of basic monthly salary ) from fees collected. Officials with procurement as organic function not entitled. Section 46: Professionalization of Government Procurement Practitioners DBM creates procurement positions based on GPPB standards. GPPB ensures professionalization: Competency framework, Certification framework, Code of ethics, Inclusive capacity development program . PRC (with GPPB) establishes/regulates professional licensing and continuing education. RULE VI: Preparation of Bidding Documents Section 47: Form and Content of Bidding Documents Prepared by PE using GPPB standard forms . Content includes: ABC, Invitation to Bid, Instructions to Bidders, Technical Specifications, Eligibility Requirements, Environmental criteria, Plans/drawings, Bid Form, Delivery Time/Completion Schedule, Bid Security, Performance Security and Warranty , Form of Contract. Bidding Documents available from publication until bid submission deadline. Bidders may pay fee for documents. Posted on PE/PhilGEPS websites. Section 48: Access to Information Equal access to information in all stages of preparation. No divulging of Bidding Documents before official release. National security procurements: HoPE determines disclosure of specs. RULE VII: Invitation to Bid Section 49: Pre-Procurement Conference BAC holds pre-procurement conference for every procurement prior to Invitation to Bid. Optional for: Goods $\le$ P5M, Infrastructure $\le$ P10M, Consulting $\le$ P2M. Participants confirm/ensure/determine: Description/scope/ABC/duration, Compliance with PPMP/APP, Readiness (appropriations, Bidding Documents, detailed engineering, right-of-way). Review/modify/agree on eligibility/evaluation/post-qualification criteria . BAC resolves criteria for contract award ( LCRB, MEARB, MARB, HRRB ). Section 50: Publication and Contents of the Invitation to Bid Published continuously by PE for transparency/dissemination. Posted on PE website/social media or other GPPB-authorized channels. If PE cannot publish online, publish in national newspaper at least once. Key Contents: Project name/description/location, Lots/items, General statement on criteria, ABC, Source of funding, Deadlines, Contact info. Publication for Competitive Bidding, Competitive Dialogue, Unsolicited Offer with Bid Matching: Posted at PE premises for 7 days . Posted continuously on PhilGEPS, PE website for 7 days . Publication for Limited Source Bidding, Two Failed Biddings, Small Value Procurement ($\ge$ P200,000.00), NGO Participation: Posted on PhilGEPS, PE website, PE premises for 3 days . Section 51: Pre-bid Conference Required for ABC $\ge$ P3M (Competitive Bidding, Competitive Dialogue, Limited Source Bidding, Unsolicited Offer with Bid Matching). Optional for ABC $ Held $\ge$ 12 days before bid submission deadline , not earlier than 7 days from posting. Discusses eligibility, technical/financial components, questions. BAC has proactive role. Proceedings recorded. Minutes available within 5 days. Amendments to Bidding Documents via Supplemental Bid Bulletin $\ge$ 7 days before deadline . RULE VIII: Receipt and Opening of Bids Section 52: Eligibility Requirements for the Procurement of Goods, Infrastructure Projects, and Consulting Services Bidders submit valid/updated PhilGEPS Certificate of Registration (Platinum Membership) . Additional documents to ensure technical/financial capability: Statement of all ongoing government/private contracts. SLCC (Similar to the procurement project, $\ge$ 50% of ABC). NFCC (Current assets - current liabilities) * 15 - value of outstanding projects $\ge$ ABC. Committed Line of Credit (CLC) (if no NFCC, $\ge$ 10% of ABC). For Consulting Services: statement of consultant nationality, registered professionals. Joint Ventures (JV): Each partner submits PhilGEPS Cert. Foreign bidders: documents in English or translated, authenticated. Eligibility Criteria for Goods/Infrastructure/Consulting: Generally Filipino majority ownership (e.g., $\ge$ 60% Filipino interest for partnerships/corporations). Foreign bidders for Goods/Infrastructure: Under treaty/international agreement, Reciprocal rights, Goods not available locally, To prevent competition restraint. PCAB license required for contractors . PE can reassess bidder qualifications. False info/changes lead to disqualification . Section 53: Short-Listing for Consulting Services PE short-lists consultants with similar contracts based on Expression of Interest. BAC short-lists 3-7 consultants (5 preferable) . One consultant sufficient if passes eligibility/minimum score. Criteria: Applicable experience (firm/key staff), qualification of personnel, current workload. BAC recommends short-list to HoPE. Process $\le$ 20 days . Section 54: Submission and Receipt of Bids Bidders submit bids in 2 separate sealed envelopes (technical/financial) or electronic format. Key Technical Documents (First Envelope): PhilGEPS Cert, Ongoing contracts statement, SLCC statement, NFCC computation or CLC, JVA, Bid security, Technical Specifications, Omnibus Sworn Statement (OSS) . OSS contains: Signatory is authorized, Not blacklisted, Documents authentic/true/correct, Authorizes HoPE to verify, Complies with disclosure/labor laws/bidder responsibilities, No commission given, Failure to perform after advance payment is criminal liability. Second bid envelope contains financial documents. Submission periods (from last day of posting): Goods: Max 45 days . Infrastructure Projects: Max 50 days (ABC $\le$ P50M), 65 days (ABC $>$ P50M) . Consulting Services: Max 75 days . Late bids not accepted . Recorded in minutes. Unsealed/unmarked bids, or uncompressed/unprotected electronic bids rejected . Section 55: Modification and Withdrawal of Bids Bidders may modify bids before deadline . Modifications after deadline not considered. Bidders may withdraw bids before deadline via letter. Withdrawals after deadline subject to sanctions. Section 56: Bid Security Required for competitive modes. Guarantees successful bidder enters contract and furnishes performance security. Failure to enclose bid security leads to disqualification . Bid Securing Declaration or other forms (not less than required % of ABC). Allowed forms and amounts: Form of Bid Security Amount of Bid Security (Not less than the required percentage of the ABC) Cash, or cashier's or manager's check issued by a bank. Two percent (2%) Bank draft or guarantee, or irrevocable Letter of Credit. Five percent (5%) Surety bond callable upon demand. Five percent (5%) Bid security in PHP, payable to PE. Returned after contract signing and performance security furnished. Bid Securing Declaration: undertaking to enter contract, furnish performance security, and pay fine if violated . Automatically disqualified if violated. Section 57: Bid Validity Bids and bid securities valid for reasonable period (max 120 days from bid opening ). PE requests extension if needed. Bidders may refuse without forfeiting security. Section 58: Bid Opening BAC opens bids immediately after deadline . Manner of opening for Goods/Infrastructure: LCRB: Technical and financial proposals opened same day. MEARB/MARB: Only technical proposals opened. Financial proposals of minimum-score/highest-technical-score bidders opened later. Electronic bids: passwords disclosed during opening. Bidders/representatives may attend. BAC ensures integrity/security/confidentiality. RULE IX: Bid Evaluation Section 59: Preliminary Examination of Bids BAC opens first bid envelopes to check compliance with eligibility/technical requirements ( "pass or fail" criterion ). Missing/incomplete/insufficient documents lead to "failed" rating . Scanned copies for electronic bids considered compliant, subject to submission of original BSD/OSS during post-qualification . Non-submission leads to post-disqualification. After first envelope compliance, BAC opens second envelope of eligible bidders. Missing/incomplete/insufficient second envelope documents, or total bid price exceeding ABC, lead to "failed" rating . Section 60: Ceiling for Bid Prices ABC is upper limit for acceptable bid prices. Bid exceeding ABC is automatically disqualified . No lower limit. Foreign-funded procurement: ABC applies as ceiling if specific conditions met. Section 61: Bid Evaluation for the Procurement of Goods and Infrastructure Projects BAC members, staff, TWG, observers prohibited from communicating with bidders during evaluation. BAC evaluates financial component for Lowest Calculated Bid (LCB) : Detailed evaluation using non-discretionary criteria: Completeness of bid, Arithmetical corrections. All bids evaluated equally, include all taxes. Discrepancies: words prevail over figures, extended price over unit price. Entire LCB evaluation process completed within 7 days . BAC evaluates quality and price proposals for Most Economically Advantageous Bid (MEAB) : Quality proposals evaluated first. Price proposals of minimum-quality-score bidders opened. Price ( 15-40% ) and quality (adjusted) given weights, total 100%. Green procurement given greater weight . Bidders ranked by combined numerical ratings. Highest overall score is MEAB. HoPE approves/disapproves recommendations within 2 days. Quality component criteria for MEAB: Quality/technical merit, track record, Aesthetic/functional design, Approach/methodology, Accessibility, Tools/equipment, Social/environmental/economic/innovative characteristics, Organization/qualification/experience of staff, After-sales service, Delivery conditions. Results of evaluation furnished to bidders, posted on PhilGEPS/PE website for $\ge$ 7 days . MEARB evaluation process completed within 14 days . MARB (Highest Rated Offer based on quality): BAC evaluates quality proposals. Highest technical rating. If financial proposal $\le$ ABC, accepted. Section 62: Bid Evaluation of Short-Listed Bidders for Consulting Services Prohibited communication with BAC from bid submission until HoPE approval of ranking. Purpose: Determine Highest Rated Bid (HRB) . Quality-Based Evaluation Procedure: Two-stage procedure (technical and financial proposals). Technical proposals opened/evaluated first. Consultants ranked. HRB passes minimum score. HoPE approves/disapproves recommendations. Financial proposal of HRB opened. BAC invites consultant for negotiations within 3 days . Negotiations cover TOR, methodology, qualifications, financial proposal ( not exceeding financial proposal/ABC ). Quality-Cost Based Evaluation Procedure: Technical and financial proposals considered. Technical proposals evaluated first. Financial proposals of minimum-technical-score consultants opened. Financial and technical proposals weighted (financial 15-40% ). Highest rated is HRB. BAC invites HRB consultant for negotiations within 3 days (except financial proposal). Technical proposals criteria for Consulting Services: Quality of personnel, Experience/capability of consultant, Plan of approach/methodology. No replacement of key personnel before award (except for PE delay or justifiable reasons). Entire evaluation process completed within 21 days (extendible for HoPE). RULE X: Post-Qualification Section 63: Objective and Process of Post-Qualification LCB/MEAB/MAB (Goods/Infrastructure) or HRB (Consulting) undergoes post-qualification . Within 5 days of notice , bidder submits eligibility documents (PhilGEPS Cert, latest tax returns, other licenses/permits). Failure to submit/veracity issues lead to disqualification and bid security forfeiture . BAC verifies veracity/authenticity of documents using non-discretionary criteria: Legal, Technical, Financial Requirements. If bidder passes, declared LCRB/MEARB/MARB/HRRB. BAC recommends award. If bidder fails, notified in writing. BAC initiates post-qualification for 2nd ranked bidder. Post-qualification completed within 12 days (Goods/Infrastructure) . For Consulting, 12 days from negotiation completion. Extendible by HoPE. Section 64: Failure of Bidding Failure in competitive bidding, limited source bidding, competitive dialogue if: No bids received . All bidders ineligible. No bid qualifies as SCRB/MARB/LCRB/HRRB/MEARB. Qualifying bidder refuses to accept award . End-User/Implementing Unit reviews/evaluates terms, specs, cost estimates to determine reason for failure. BAC revises terms, specs, ABC if necessary, conducts re-bidding . Second failure of bidding: PE may resort to negotiated procurement . Section 65: Single Calculated/Rated/Economically Advantageous and Responsive Bid Submission SCRB/SRRB/SEARB/SARB considered for award if only one bidder meets eligibility/submits responsive bid . PE ensures ABC reflects most advantageous prevailing price. RULE XI: Award, Implementation and Termination of the Contract Section 66: Notice and Execution of Award BAC recommends award to HoPE after post-qualification. HoPE approves/disapproves recommendation within 10 days . Disapproval must be justified. If approved, HoPE issues Notice of Award . Bidder may file reconsideration request to HoPE within 3 days. HoPE resolves in 7 days. Conditions for contract award within 10 days of Notice of Award: Winning bidder submits valid JVA. Posts performance security . Signs contract. Section 67: Period of Action on Procurement Activities Procurement process (bid opening to contract award) max 60 days (extendible to 90 by GPPB) . BAC, Secretariat, TWG on "jury duty" . Deadline falling on non-working day: next working day. Section 68: Performance Security Winning bidder posts performance security before contract signing. Updated for variation orders. Sectors under Section 76 may post Performance Securing Declaration (PSD) . PSD states blacklisting for 1 year (1st offense), 2 years (2nd offense) if contract conditions violated. Performance security in PHP, payable to PE. Remains effective until Certificate of Final Acceptance . Released after Final Acceptance if no claims. Infrastructure Projects: additional performance security for cumulative increase $>$ 10%. Proportional reduction in performance security: Reduction in contract value or for partially completed/usable Infrastructure Projects (if structural integrity unaffected). Section 69: Failure to Enter into Contract and Post Performance Security If SCRB/SEARB/SARB/SRRB bidder fails to submit documents, enter contract, or post performance security: disqualified, bid security forfeited, sanctions. Rebidding . If LCRB/MEARB/MARB/HRRB bidder fails: disqualified, bid security forfeited, sanctions . BAC post-qualifies next ranked bidder. If no bidder passes, declare failure, rebidding. Negotiated procurement after second rebidding failure . Section 70: Reservation Clause HoPE reserves right to reject bids, declare failure, or not award contract if: Evidence of collusion . BAC failed to comply. Award not beneficial to government (changed conditions, project no longer necessary, funds withheld). Section 71: Contract Implementation and Termination Rules for implementation/termination subject to GPPB manuals . Contract Implementation for Goods: Amendment to Order: Issued at any time after contract execution if: Emergency/fortuitous event, mistake/accident, requested for delivery extension (max = initial delivery period), offered goods no longer available (equivalent/higher specs accepted). Price increase max 10% (HoPE may approve 20%). Suspension of Delivery: PE may suspend wholly/partly due to justifiable circumstances. Max suspension = original contract duration. Liquidated Damages (LD): Imposed if goods undelivered. 1/10 of 1% of cost of delayed goods per day. If total LD reaches 10% of contract price, PE may rescind . Advance Payment: Max 50% for hotel/restaurant, conference, office lease. Max 15% for goods for calamities. Max 15% upon submission of irrevocable LC/bank guarantee/surety bond. Contract Implementation for Infrastructure Projects: Variation Orders: Issued for quantity changes, new work items, reclassification. Positive/additive VO cumulative amount max 10% of original contract price . Cumulative positive VO $>$ 10%: separate procurement (unless urgently necessary, HoPE approves max 20%). Types of Variation Order: Change Order, Extra Work Order. Costing: Same/similar work items (original unit prices). New work items (direct unit costs + mark-up). Conditions for starting work/payments: Contractor doesn't start work unless HoPE approves VO. Emergency: PE rep may allow immediate start (work $\le$ 5% of adjusted original contract price). Suspension of Work: PE may suspend wholly/partly due to force majeure, contractor failure. Contractor may suspend work if PE failure (ROW, plans, payment delays $>$ 45 days ). Liquidated Damages (LD): If contractor fails to complete work. 1/10 of 1% of cost of unperformed portion per day. If total LD reaches 10% of contract price, PE may rescind . Advance Payment: Max 15% of total contract price. Negative Slippage: PE monitors performance. Implements calibrated measures. Retention Money: 10% of progress payments. Retained until 50% completion. May be decreased to 5% for justifiable causes. Released upon final acceptance. Contract Implementation for Consulting Services: Contract Amendment: Changes to project scope, personnel, schedule, payments, timelines if necessary. Price adjustment max 20% increase . Suspension of Work by PE: Written notice to consultant. Suspension of Work by Consultant: Written notice to PE if PE fails (equipment, resources, payment delays $>$ 60 days ). Liquidated Damages (LD): 1/10 of 1% of cost of unperformed portion per day. If total LD reaches 10% of contract amount, PE may rescind . Termination of Contracts: Termination for Breach of Contract: Supplier/contractor/consultant fails to deliver/perform, leading to $\ge$ 10% of contract price. Termination due to Force Majeure: Goods (supplier unable to deliver $\ge$ 10% for $\ge$ 60 days). Consulting Services (consultant unable to deliver material portion for $\ge$ 60 days). Termination for PE's Convenience: If contract implementation becomes impractical/unnecessary. Termination for Unlawful Acts: If supplier/contractor/consultant engaged in unlawful acts. Procedures for Termination: Verification, Notice to Terminate, Show Cause, Decision by HoPE. RULE XII: Sustainable Public Procurement Section 72: Sustainable Public Procurement PEs implement SPP Program (value for money, societal/economic benefits, reduced environmental impact). Integrates sustainability (environmental, social, economic criteria) from planning to disposal. GPPB issues guidelines on sustainability criteria. Section 73: Green Public Procurement Strategy GPP seeks goods/projects/services with reduced environmental impact throughout life cycle. Integrates green practices, environmentally relevant criteria in design/specs. PEs assess environmental criteria for bidding documents. Market scoping considers GPP strategy. Prioritizes items/services enhancing energy/water/material efficiency, waste reduction, pollution prevention . Section 74: Development of a Green Local Market DTI (with agencies/private sector) develops cost-efficient program for green product validation/certification . Includes criteria, compliance with standards, transparent certification. Reduces financial/administrative burden on MSMEs. Section 75: Inclusive Procurement Program Equal opportunities for vulnerable/marginalized sectors, microenterprises, social enterprises, startups . Encourages participation by giving weight to gender parity, ethnic equity, social factors. Procurement practices contribute to poverty reduction, labor standards. Social criteria in bidding documents: Adherence to labor standards/human rights, Promotion of local job creation for vulnerable groups, Apprenticeship/training, Other social/community benefits. Section 76: Registration of Certain Sectors GPPB maintains registry of: Farmers (DA), Fisherfolk (BFAR), Persons with disabilities (NCDA), Solo parents (DSWD), Micro/social enterprises (MSMED), Startups/spin-offs (DTI, DICT, NIC, DOST), Cooperatives (CDA). RULE XIII: Domestic and Foreign Procurement Section 79: Domestic Preference PE gives priority/preference to Philippine products/services . For 10 years from RA 11981 effectivity, contract awarded to domestic bidder for Tatak Pinoy Strategy products/services. Award to domestic bidder if bid not $>$ 25% of lowest foreign bid . GPPB adjusts margin. Preference may be waived if: Domestic production insufficient/unavailable, Specific/desired quality not met, Inconsistent with international obligations. RULE XV: Disclosure of Relations Section 81: Disclosure of Relations Bids accompanied by sworn affidavit stating no relation to HoPE, BAC, TWG, Secretariat, etc. (up to 3rd civil degree). Bidder discloses ultimate beneficial ownership . Failure to comply: automatic disqualification . Relation within 3rd civil degree automatically disqualifies bidder. Conflicting interests: Common controlling shareholders/beneficial owners, Receives subsidy from another bidder, Same legally authorized representative, Relationship giving access to/influence over bid/PE decisions, Consultant who prepared design/specs for goods, Consultant lending personnel to firms, Consultant combines consulting/contracting/supply, Consultant affiliated with contractor/manufacturing firm, Conflict among consulting projects. Section 82: Declaration of Beneficial Ownership Beneficial ownership info required for Competitive Bidding, Limited Source Bidding, Competitive Dialogue, Unsolicited Offer with Bid Matching. GPPB maintains online registry of beneficial ownership info . RULE XVI: Protest Mechanism Section 83: Protests on Decisions of the BAC Protests filed with HoPE (after reconsideration to BAC ). Bidder files reconsideration request to BAC within 3 days of notice. BAC decides in 7 days. No new documents allowed . If denied, protest to HoPE within 7 days . Protest via electronic filing of verified position paper, with non-refundable protest fee . Protest Fee Schedule: ABC Range Protest Fee P50 million and below 0.75% of the ABC More than P50 million to P100 million P500,000.00 More than P100 million to P500 million 0.5% of the ABC More than P500 million to P1 billion P2,500,000.00 More than P1 billion to P2 billion 0.25% of the ABC More than P2 billion P5,000,000.00 Verified by affidavit. Unverified paper dismissed. Section 84: Resolution of Protests Resolved strictly based on BAC records. HoPE resolves protest within 7 days . Decision final up to HoPE's contract approving authority. LGU chief executive decision final . HoPE decision final/executory for: Goods $\le$ P20M . Infrastructure Projects $\le$ P50M . Consulting Services $\le$ P10M . For LGUs, HoPE decision final/executory for: Goods $\le$ P1.25M . Infrastructure Projects $\le$ P12.5M . Consulting Services $\le$ P2.5M . Section 86: Non-interruption of the Bidding Process Protest does not stay bidding process (except for resolution before award). Section 87: Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Mandatory Injunctions No court (except Supreme Court) issues TRO/injunction against government procurement activities. Exception: extreme urgency involving constitutional issue, grave injustice (applicant files bond). RULE XVII: Settlement of Disputes Section 88: Dispute Resolution Disputes settled amicably by mutual consultation/agreement. Parties encouraged to select expeditious mode ( arbitration, mediation ). CIAC for construction disputes. RULE XVIII: Contract Prices and Warranties Section 89: Contract Prices All bid prices fixed, not subject to escalation . Extraordinary price increase for Infrastructure: escalation may be considered (GPPB approval) at no-loss, no-gain basis . Section 90: Warranty Goods: Warranty security required from supplier. Expendable Supplies: min 3 months . Non-expendable Supplies: min 1 year . Warranty obligation covered by retention money (1-5%) or special bank guarantee (1-5%). Default warranty rate: 1% of total contract price. Infrastructure Projects: 1 year from project completion (defects liability period): contractor repairs defects within 90 days. PE undertakes repair if contractor fails, claims reimbursement. Defects liability period covered by performance security. Structural Defects/Failures: Permanent Structures: 15 years . Semi-Permanent Structures: 5 years . Other Structures: 2 years . Warranty security for Infrastructure: Form of Warranty Security Amount of Warranty Security (Not less than the required percentage of the Total Contract Price) Cash or Letter of Credit issued by a Bank. Five percent (5%) Bank guarantee confirmed by a bank. Ten percent (10%) Surety bond callable upon demand. Thirty percent (30%) RULE XIX: The Government Procurement Policy Board (GPPB) Section 91: Organization and Functions Duties/Responsibilities: Sets strategic direction, policy decisions, Leads procurement reforms, Formulates/amends IRR, issuances, manuals, PBDs, standard forms, Establishes online automated process, Establishes/implements professionalization/monitoring programs. GPPB Membership: DBM Secretary (Chair) , NEDA Secretary (Alternate Chair), Secretaries of DPWH, DND, DepEd, DILG, DOTR (or reps), PS-DBM rep, private sector rep. COA rep as resource person. GPPB Technical Support Office (TSO): Supports GPPB functions. Headed by Director General (Undersecretary rank). RULE XX: Administrative Sanctions Section 92: Administrative Liability of Public Officers Public officers administratively liable for unlawful acts (without prejudice to criminal/civil). Examples of Acts: Opening sealed bids/divulging contents prematurely, Delaying screening/bid opening/evaluation/award, Unduly influencing BAC/PE officer, Splitting contracts, Abusing HoPE power to reject bids, Simulating eligibility requirements/planning. Section 94: Preventive Suspension Head of agency may preventively suspend BAC/TWG/Secretariat members/employees if strong prima facie evidence of liability. Due process observed. Section 97: Liquidated Damages Contracts contain provision for liquidated damages payable by contractor for breach. Goods/Infrastructure/Consulting: LD $\ge$ 1/10 of 1% of cost of unperformed portion per day. If cumulative LD reaches 10% of contract price, PE may terminate . RULE XXI: Suspension and Blacklisting Section 98: Administrative Liability of Private Entities Private entities subject to administrative liability. Corrective measures: fine, rehabilitation, probationary period, performance improvement plan, mandatory trainings. Suspension: Prohibited from participating in PE's procurement. Blacklisting: Disqualified from all government procurements . Section 99: Imposition of Suspension HoPE imposes suspension: 1 year (1st offense), 2 years (2nd offense) . Offenses During Procurement: Delaying processes, Refusing to clarify/validate bid, Withdrawing bid/refusing award/contract, Refusing/failing to post performance security. Offenses During Contract Implementation: Delivering unsatisfactory/inferior goods, Poor performance by consultant/winning bidder. Bid security/performance security forfeited. Section 100: Imposition of Blacklisting HoPE imposes blacklisting: 1 year (1st offense), 2 years (2nd offense) . Offenses (Procurement/Contract Implementation): Commission of $\ge$ 3 suspension offenses. Use of force/fraud to influence BAC/PE officer. Prima facie evidence of engaging in unlawful deeds (corrupt practices, forged documents). Collusion between bidders . Malicious submission of multiple bids. Agreement to refrain from bidding/withdraw bids. Failure to disclose relationship with PE officials. False beneficial ownership info. Submitting false eligibility/bids. Willful abandonment/non-performance. Contract termination due to default/unlawful acts. Bid security/performance security forfeited. Section 101: Imposition of Blacklisting with Perpetual Disqualification HoPE imposes perpetual disqualification if: Third offense of blacklisting (by same PE or combination of PEs). Failure to comply with warranty for Infrastructure Project (repair defects within 90 days). Bid security/performance security forfeited. Section 102: Suspension of Bidder Pending Blacklisting Proceedings Bidder automatically suspended from current PE procurement during blacklisting proceedings. Notice of blacklisting commencement serves as suspension order. Section 103: Status of Suspended or Blacklisted Bidder Before blacklisting order: bidder may participate in other government projects (except PE where suspended). If order issued before Notice of Award, bidder disqualified. Suspension/blacklisting does not prejudice prior awarded contracts . Section 104: Initiation of Action; Subsequent Procedure BAC/HoPE may initiate administrative proceedings upon prima facie determination. Administrative proceedings: Notice and Hearing (BAC notifies bidder, offers opportunity to show cause/request hearing). Decision: HoPE decides within 15 days of BAC resolution. Decision final after 7 days if no reconsideration. Request for Reconsideration: Bidder files with HoPE within 3 days. HoPE resolves in 7 days. Only one request allowed . Posting in GPPB Portal: PE uploads suspension/blacklisting order to GPPB portal within 7 days . Section 105: Extent of Administrative Sanctions Penalties apply to: entity with controlling interest, beneficial owner. Also apply to: Individuals/sole proprietorships, Partnerships, Cooperatives, Blacklisted JV/consortium or member, Corporations. RULE XXII: Legal Assistance and Indemnification Package for BAC Members and Support Staff Section 106: Private Legal Assistance BAC, TWG, Secretariat members authorized to engage private lawyers if sued for lawful performance of duties. Lawyer's fee part of indemnification package . Section 107: Indemnification Package GPPB establishes equitable indemnification package ( free legal assistance, liability insurance ). Unless found liable for gross negligence/grave misconduct/grave abuse of discretion . RULE XXIII: Final Provisions Section 109: Whole-of-Government Approach GPPB provides sustained training, capacity-building , support to stakeholders. HoPEs, BACs, TWGs undergo executive/annual training. Capacity-building includes Green Public Procurement Strategy . Section 112: Implementing Rules and Regulations and Standard Forms IRR promulgated per Section 112 of Act. GPPB may amend IRR. Amendments apply to procurement activities advertised after effectivity. Standard forms formulated/approved by GPPB within 90 days of IRR approval. Section 113: Transitory Provision Prior to IRR effectivity, RA 9184 and its IRR remain in force . GPPB, HoPEs, PEs, BACs get 3-year transitory period to comply with Act/IRR requirements. Section 117: Effectivity IRR takes effect 15 days after publication in Official Gazette or 2 newspapers of general circulation AND filing with UP Law Center.