April 5, 2022
Dear Mr. Bonquin,
Greetings!
Thank you for your request dated Mar 30, 2022, 09:11:37 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your request
You asked the Government Procurement Policy Board-Technical Support Office (GPPB-TSO), for research purposes, the information on what procurement activities is covered by the Commission on Election (COMELEC) Ban in connection with the May 9, 2022 Synchronized National and Local Elections.
Response to your request
Your FOI request is approved.
Firstly, note that COMELEC Resolution No. 10747 provides the rules on prohibition against the following activities:
1. Disbursement or Expenditures of Public Funds related to awarding, contracting, or conduct of infrastructure projects, social projects, and housing-related projects;
2. Construction of Public Works, and Delivery of Materials for Public Works; and
3. Issuance, Use or Availment of Treasury Warrants or any device undertaking future delivery of money, goods, or other things of value chargeable against public funds.
Thus, not only is the procurement of goods and consulting services that are well within the definition of Social Projects and Housing-related Projects are prohibited, the contract award of public works or infrastructure projects, as well as the act of issuing, using, or availing of treasury warrants or any device that will undertake future delivery of money, goods or other things of value that is chargeable against public funds are also barred.
Note that the purpose of the foregoing prohibitions is to prevent the conduct of activities that might influence the results of the elections or facilitate the commission of election offenses. Moreover, the prohibitions also enforce the provisions of Section 261 (v) and (w) of the Omnibus Election Code.
Meanwhile, other activities, such as appointment or hiring of new employees, creation or filling up of new positions, giving salary increases, and transfer or detail of civil service employees, in government are similarly prohibited under COMELEC Resolution No. 10742.
Anent your query on what specific activities are prohibited, be advised that under GPPB Circular No. 03-2021 in relation to COMELEC Resolution No. 10747, Procuring Entities (PEs) are allowed to proceed with the commencement and completion of procurement activities during the election period. However, starting March 25, 2022 until May 8, 2022, PEs are prohibited from issuing a Notice of Award for the following Procurement Projects:
1. Public Works – refers to all infrastructure projects as defined under Section 5(k) of Rep. Act No. 9184 or the Government Procurement Reform Act. It shall refer to the construction, improvement, rehabilitation, repair, restoration, or maintenance of roads and bridges, railways, airports, seaports, communication facilities, irrigation, flood control, and drainage, water supply, sanitation, sewerage, and solid waste management systems, shore protection, energy/power, and electrification facilities, national buildings, school buildings, hospitals buildings, and other related construction projects of the government;
2. Social Projects- The term refers to activities or projects undertaken by the Department of Social Welfare and Development and any other office in any other department of the government performing functions like the said department; and
3. Housing-related projects - The term refers to activities or projects undertaken by the Housing and` Urban Development Coordinating Council and any other office in any other departments of the government performing functions like the said department.
Note that under Item 4.2 of GPPB Circular No. 03-2021 in relation to Section 2 of COMELEC Resolution No. 10747, there are exceptions to the prohibition, such as:
4.2.1 For Public Works
a. Maintenance of existing and/or completed public works where no additional laborers are employed; b. Work undertaken by contract through public bidding or negotiated contract awarded before 25 March 2022; c. Preparatory works or the payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment before 25 March 2022; d. Emergency work necessitated by the occurrence of a public calamity, due to force majeure or any fortuitous event, but limited to the restoration of the damaged facility, unless the COMELEC authorized such other emergency work; e. Ongoing projects commenced before the campaign period and are listed as authorized public works or projects by the COMELEC; and f. Projects under foreign agreements or ongoing foreign-assisted projects submitted to the COMELEC.
4.2.2 For Social Projects a. Routing and Normal Expenses; and b. Such other expenses authorized by the COMELEC after due notice and hearing; and
4.2.3 For Housing Related Projects a. Administrative Expenses; and b. Such other expenses authorized by the COMELEC after due notice and hearing.
For your reference, attached herewith are the following sources of the cited information:
1. GPPB Resolution 20-2021 citing GPPB Circular No. 03-2021, which is also posted on our website: https://www.gppb.gov.ph/issuances/Resolutions/GPPB%20Resolution%20No.%2020-2021.pdf
2. COMELEC Resolution No. 10747, which is also available online: https://comelec.gov.ph/php-tpls-attachments/2022NLE/Resolutions/com_res_10747.pdf
3. COMELEC Resolution No. 10742, which is also available online: https://comelec.gov.ph/php-tpls-attachments/2022NLE/Resolutions/com_res_10742.pdf
4. Section 261 (v) and (w) of the Omnibus Election Code, which is available online:
https://comelec.gov.ph/index.html?r=References/RelatedLaws/OmnibusElectionCode/OECArt22
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 fifteen (15) calendar days from the date when you received this letter. We will complete the review and tell you about the result within thirty (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
FOI Officer
