Department of Foreign Affairs(DFA)

Hi,

I would like to ask if Phils have already signed a treaty or international or executive agreement between JAPAN and PHILIPPINES that allows foreign bidders to bid on government projects. 

As attached on exemption in IRR 23.5.2.2 on the IRR.

Please see image attached for reference.

Thank you

December 1, 2017

Dear Rigi Carl,

Thank you for your request dated Dec 01, 2017 10:21:22 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Treaty or International or Executive Agreement (JAPAN-PHIL).

We received your request on Dec 01, 2017 10:21:22 AM and will respond on or before Dec 22, 2017 10:21:22 AM, 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://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERGQS04NTMyNzc3ODE2MDQM, for request with ticket number #DFA-853277781604.

Thank you.

Respectfully,

Alec Arenas
FOI Officer

Hi Sir,

Thank you for accepting my request.

Hoping that you can reply as soon as possible.

Thank you

Hi sir,

May I politely follow up for the status of this request? I't would really be a hreat help for our research if the information that we have requested would be provided immediately.

Thank you mam

Greetings Mr. Taala,

Regarding your FOI request on Treaty, International or Executive Agreement between the Philippines and Japan dated 01 December 2017, we would like to inform you that your request is still being processed.

We apologize for this delay but have applied for an extension so we could work further on your request. We hope to be able to send you a response on or before Jan 19, 2018 10:21:22 AM.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at:
 
https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERGQS04NTMyNzc3ODE2MDQM, for request with ticket number #DFA-853277781604.

We hope for your kind understanding.

Thank you.

January 18, 2018

Dear Rigi Carl Taala,

Greetings!

Thank you for your request dated Dec 01, 2017 10:21:22 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Treaty or International or Executive Agreement (JAPAN-PHIL).

•	Per this Office’s available record, there is no existing general framework or executive agreement concluded between the Philippines and Japan that specifically deals with allowing foreign bidders to bid on government projects.

•	On a case-to-case basis, specific grant, loan, or official development assistance (ODAs) agreements involving foreign-funded government projects may include provisions allowing foreign bidders to participate in said projects. 

A sample list of these projects may be obtained from the Department of Finance.

It may be noted that Republic Act No. 9184 otherwise known as “An Act for the Modernization, Standardization, and Regularization of the Procurement Activities of the Government and for Other Purposes” states that:

Sec. 4. Scope and Application. – x x x. Any treaty or international or executive agreement affecting the subject matter if this Act to which the Philippine government is a signatory shall be observed.

The 2016 Revised Implementing Rules and Regulations of R.A. No. 9184 also provides that:

Sec. 4. Scope and Application of the IRR

4.2 Any Treaty or International or Executive Agreement to which the GoP is a signatory affecting the subject matter of the Act and this IRR shall be observed.  In case of conflict between the terms of the Treaty or International or Executive Agreement and this IRR, the former shall prevail.

In addition, Section 2, Paragraph 5.2 of the Department of Budget and Management’s manual on Bidding Documents for DBM Network Refresh provides that foreign bidders may be eligible to participate when any of the following circumstance exist:

	a. 	When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR allow foreign bidders to participate;

	b. 	Citizens, corporations, or associations of a country, included in the list issued by the GPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations or associations of the Philippines;
	
	c.	When the goods sought to be procured are not available from local suppliers; or

	d.	When there is a need to prevent situations that defeat competition or restrain trade.

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 [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
FOI Officer