September 29, 2021
Dear Mr. Christian Nobleza,
Greetings!
Thank you for your inquiry dated Sep 03, 2021 11:27:46 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You inquired about the effects of non-compliance with the requirement for the submission of Procurement Monitoring Reports (PMR) by the Bids and Awards Committee (BAC).
Response to Request
Your FOI request is approved.
Section 12.2 of the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 requires the Bids and Awards Committee (BAC) to prepare and submit, among others, a Procurement Monitoring Report (PMR) in the form prescribed by the Government Procurement Policy Board (GPPB).
Anent thereto, GPPB Resolution No. 11-2020 and 02-2020 resolved to further reiterate compliance with the submission. Moreover, Advisory No. 01-2021 was issued to remind all Procuring Entities of their compliance with the submission.
In response to your query, we respectfully refer you to Par. 2, Section 2 of Executive Order No. 662, series of 2007, which states the effect of non-compliance with posting obligations of procurement reports and postings in the Philippine Government Electronic Procurement System (PhilGEPS), both required under Republic Act No. 9184 and its IRR-A. It provides, to wit:
Non-compliance with the foregoing posting obligations shall render the accountable officials liable for dereliction of duty and conduct grossly prejudicial to the best interest of the service, without prejudice to other charges, whether administrative, civil or criminal, that may be filed under appropriate laws and regulations.
Note that the links to the above-mentioned issuances are provided hereunder, for your reference.
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 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).
Survey Form
To improve the implementation of the FOI Program in the GPPB-TSO, we request that you send to us your feedback thru this link: https://docs.google.com/forms/d/1glltNREy5aMMZEHGOPdlUiCi9CPXwF_QOtJrOr0cjUM/edit#responses
Thank you.
Respectfully,
FOI Decision Maker, GPPB-TSO
FOI Receiving Officer
References:
https://www.gppb.gov.ph/assets/pdfs/Updated%202016%20IRR_31%20March%202021.pdf
https://www.gppb.gov.ph/assets/pdfs/GPPB%20Advisory%2001-2021.pdf
https://www.gppb.gov.ph/issuances/Resolutions/GPPB%20Resolution%20No.%2011-2020.pdf
https://www.gppb.gov.ph/issuances/Resolutions/GPPB%20Resolution%20No.%2002-2020.pdf
https://www.officialgazette.gov.ph/2007/09/20/executive-order-no-662/
