Photo from Pexels | Pixabay
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
To promote greater transparency, accountability, operational efficiency, and value for money, the Philippine Government Electronic Procurement System (PhilGEPS) shall be the single electronic portal that shall serve as the primary source of information and channel in the conduct of all procurement activities of the government.
Electronic Payment
The electronic and uniform payment system to be used by the Procuring Entity and suppliers, manufacturers, distributors, contractors, consultants, and service providers shall be defined in the context of the Integrated Financial Management Information System to be developed by the Department of Budget and Management (DBM), Commission on Audit (COA), and Department of Finance (DOF).
Security, Integrity, and Confidentiality
The PhilGEPS shall ensure the security, integrity, and confidentiality of documents submitted, stored, and managed through the system. It shall include features that provide for an audit trail of electronic transactions and allow the COA to verify the security and integrity of the system at any time.
Systems Interconnectivity between Government Agencies
Notwithstanding the provisions of Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, the Government Procurement Policy Board (GPPB) is hereby authorized to promulgate rules to ensure the interconnectivity of the following databases:
- PhilGEPS in relation to the Government of the Philippine Official Merchants Registry (GOP-OMR);
- Department of Trade and Industry (DTI) on its database relating to business registration, list of all ongoing projects in public and private sectors, and record of priority domestic goods and services;
- Construction Industry Authority of the Philippines (CIAP) on the Constructors Performance Evaluation System (CPES) and the Philippine Contractors’ Assessment Board (PCAB) on the licensing of contractors;
- All Local Government Units (LGUs) on their issuance of permits and licenses;
- Bureau of Internal Revenue (BIR) on tax returns and clearance;
- Securities and Exchange Commission (SEC) and Cooperative Development Authority (CDA) on mandatory submissions of all registered enterprises and beneficial ownership information;
- Insurance Commission (IC) on the list of identified surety companies providing callable-on-demand surety contracts;
- Procuring Entities with established electronic procurement systems and websites on the status of projects, contracts, and performance of its respective winning bidders; and
- Other relevant government agencies, as may be determined by the GPPB;
Provided, That at all times, the sharing of information between and among government agencies and instrumentalities shall protect trade secrets and promote competition.
Procurement Data Analytics
The GPPB, through its Technical Support Office (TSO), shall analyze the data obtained from the PhilGEPS and submitted procurement reports, to ensure disclosure of information related to the procurement process. The GPPB shall publish an annual report on its website for the following purposes:
- Assist Procuring Entities in the strategic planning of their procurements projects;
- Assist oversight bodies in formulation and implementing data-driven effective procurement policies and rules pursuant to the State policy under this Act.
- Assist government agencies in identifying and detecting patterns that could help deter or mitigate fraud and non-competitive practices; and
- Facilitate public awareness, active participation, and monitoring of government procurement processes.
Maintenance, Update, and Backup
The PhilGEPs shall undertake periodic maintenance and upgrading of all its systems. It shall formulate a business continuity plan, which shall feature such as, but not limited to, the establishment of backup sites and regular backup of all information to maintain the integrity of the system and minimize risk of halts or interruptions in operations.
Related articles:
- How can a Company become an Eligible Bidder in a Government Procurement Process?
- Key Takeaways from the New Government Procurement Act (PART I)
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
All rights reserved.
