New Gov't Procurement Act up for Marcos' signature

The proposed New Government Procurement Act (NGPA), a priority measure of the administration, is now up for President Ferdinand "Bongbong" Marcos Jr.'s signature.

This came after the Senate and the House of Representatives ratified the bicameral conference committee report on the measure on the last day of session before the sine die adjournment. 

The proposed law will replace the 21-year-old Republic Act 9184 or the Government Procurement Act, which provides rules and regulations for all transactions involving public funds.

Under the measure, all government procurement must include proper market scoping, supply positioning, analysis of available procurement modalities, and risk management.

The bill also introduces the following new modes of procurement to provide more flexibility to procuring entities based on their requirements:

-Competitive dialogue
-Unsolicited offer with bid matching
-Direct acquisition
-Direct sales
-Direct procurement for science, technology and innovation

Another key provision is the Most Economically Advantageous Responsive Bid (MEARB), which incorporates a predetermined quality of goods to be procured as part of the criteria for selecting the winning bid.

It also shortens the period of action on procurement from 90 days to 60 days, covering the opening up of bids to the awarding of the contract.

The bill also provided the following provisions that seek more transparency in the procurement process:

-Video recording of procurement-related conferences
-Equal access to information at all levels of procurement for the procuring entities
-Full disclosure, under oath, of any and all relationships between the bidders and all the personalities involved in the bidding process
-Qualified observers will be present in all stages of procurement.

The Department of Budget and Management is tasked under the measure to create procurement positions in government.

The measure also provides preference to Philippine products and services, as under the bill, the procuring entity will award the contract to the domestic bidder if its bid is not more than 25 percent in excess of the lowest foreign bid.

Further, the proposed law urges procuring entities to encourage the active participation of vulnerable and marginalized sectors, as well as microenterprises, social enterprises, and startups.

Senator Sonny Angara, the principal sponsor of the bill in the Senate, said that the NGPA intends to eliminate opportunities for corruption.

“This measure will also help boost investor confidence in the Philippines because, as we all know, they are constantly looking at the processes undertaken, particularly by the government, when they make decisions to invest in a particular jurisdiction. Consistency, transparency, and accountability are key elements in attracting investments,” Angara added. —VBL, GMA Integrated News