Government Procurement Policy Board Technical Support Office(GPPB)

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Date: Jan. 25, 2023, 7:39 p.m.

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Date: 2023-01-31 13:43:27.000000

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Date: 2023-02-16 16:44:55.000000

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Clarification on the Ceiling of Direct Retail Purchase of POL

Published by Government Procurement Policy Board Technical Support Office(GPPB) on Jan. 25, 2023.
Requested from GPPB by E. Penafiel at 07:39 PM on Jan. 25, 2023.
Purpose: For reference in case of audit
Date of Coverage: 01/25/2023 - 01/25/2023
Tracking no: #GPPB-752981825370

H.CALABIO Jan. 25, 2023, 7:39 p.m.

Good day! I would like to seek clarification on the ceiling of Direct Retail Purchase of POL? if the agency has above 1M for the purchase of POL in the Purchase Request and APP, does it mean, they have conduct it through public bidding? Or they can opt to choose the Direct Retail Purchase as a method of procurement. Hope this will be clarified to avoid any audit disallowance in the future. Thank you.

F.OFFICER Jan. 31, 2023, 1:43 p.m.

January 31, 2023 Dear Harvy, Thank you for your request dated Jan 25, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Clarification on the Ceiling of Direct Retail Purchase of POL. We received your request on Jan 25, 2023 and will respond on or before Feb 15, 2023 07:39:41 PM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://foipmo07022020123059-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUdQUEItNzUyOTgxODI1MzcwDA, for request with ticket number #GPPB-752981825370. Thank you. Respectfully, FOI Receiving Officer FOI Officer

F.GPPB-TSO Feb. 16, 2023, 4:44 p.m.

February 16, 2023 Dear Harvy Calabio, Greetings! Thank you for your request dated Jan 25, 2023 07:39:41 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for Clarification on the Ceiling of Direct Retail Purchase of POL. Response to Request Your FOI request is approved. I enclose a copy of all of the information you requested. With respect to Negotiated Procurement: Direct Retail Purchase under Section 53.14 of the 2016 Revised Implementing Rules and Regulations (IRR) of RA No. 9184, there is no threshold provided under the current rules. Please refer to GPPB Resolution No. 24-2019 dated 30 October 2019 for a more detailed outline of the process in conducting Direct Retail Purchase of Petroleum Fuel, Oil and Lubricant (POL) Products and Airline Tickets. Nonetheless, we reiterate that it is the PE that has the sole authority and is in the best position to determine the appropriate method of procurement for a specific project based on its identified needs and requirements and the attendant circumstances. It bears stressing, however, that Section 10 of RA No. 9184 and its 2016 Revised IRR mandates that all procurement shall be done through Competitive Bidding, except for highly exceptional cases where alternative methods of procurement provided in Sections 49 to 53 of RA 9184 and its IRR may be resorted to. Your right to request a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to GPPB-TSO Executive Director, Atty. Rowena Candice M. Ruiz, thru e-mail address at [email protected]. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, FOI Decision Maker, GPPB-TSO FOI Receiving Officer

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