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Republic of the Philippines
GOVERNMENT PROCUREMENT POLICY BOARD


RESOLUTION NO.18-2012

ADDITIONAL USE OF PROCEEDS FROM THE SALE OF BIDDING DOCUMENTS


WHEREAS, Republic Act (RA) No. 9184, otherwise known as the "Government Procurement Reform Act" and its revised Implementing Rules and Regulations (IRR) took effect on 26 January 2003 and 2 September 2009, respectively;

WHEREAS, Section 63 of RA 9184 mandates the Government Procurement Policy Board (GPPB) to protect national interest in all matters affecting public procurement;

WHEREAS, Section 15 of RA 9184 and its IRR require the Department of Budget and Management (DBM) to promulgate the necessary guidelines on grant of honoraria to BAC, BAC Secretariat, and TWG members;

WHEREAS, Section 17.4 of the IRR of RA 9184 provides that Bidders may be asked to pay for the Bidding Documents to recover the cost of its preparation and development;

WHEREAS, DBM issued Budget Circular (BC) No. 2004-5, dated 23 March 2004, which provides for the Guidelines on the Grant of Honoraria to Government Personnel Involved in Government Procurement;

WHEREAS, BC No. 2004-5 was amended by BC No. 2004-5A, dated 7 October 2005, to incorporate DOF-DBM-COA Permanent Committee Resolution No. 2005-2, providing that Procuring Entities:

    1. May treat the collections from sources under paragraph 5.0 of BC No. 2004-5 as trust receipts exclusively for the payment of honoraria and overtime pay;
    2. May utilize up to 100% of the collections for payment of honoraria and overtime pay; and
    3. Shall remit any excess in the amount collected to the Bureau of Treasury, in case of NGAs. However, in the case of GOCCs and LGUs, the same shall form part of their corporate and local government funds.

WHEREAS, on 29 November 2007, DBM issued BC No. 2007-3 amending BC No. 2004-5A, which provides, among others, that amounts necessary for payment of honoraria and overtime pay shall be sourced from the following: