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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:
All Procuring Entities shall establish a sustainable public procurement program to achieve value for money on a whole life basis not only to meet their specific organizational needs but to benefit the society and the economy, while reducing adverse environmental impact.
Green Public Procurement Strategy
Green Public Procurement is an approach whereby Procuring Entities seek to procure Goods, Infrastructure Projects, and Consulting Services with reduced environmental impact through their lifecycle.
As part of strategic procurement planning and in support of the Philippines’ commitment to accelerate climate action and strengthen disaster resilience, Procuring Entities shall integrate and implement green practices, as well as environmentally relevant criteria or requirements, in the design and specifications of their procurement projects.
To further promote Green Public Procurement, sustainability of products, materials, or structure with green specifications shall be given greater weight in the evaluation of bids.
The GPPB shall ensure the incorporation and implementation of the concepts of sustainability and green public procurement in the activities of the government. The Green Public Procurement Strategy shall be implemented in phases, taking into account the readings of both the government agencies as well as green products suppliers.
Development of a Green Local Market
The Department of Trade and Industry, in consultation with relevant government agencies and the private sector, shall develop a cost-efficient validation and certification program for green products to attract green investments and improve competition in government procurement.
Inclusive Procurement Program
To provide equal opportunities to the vulnerable and marginalized sectors, as well as microenterprises, social enterprises, and startups, Procuring Entities shall encourage active participation of the registered sectors in all procurement activities, giving weight to inclusivity in programs involving gender and ethnic equity, poverty reduction and respect to fundamental labor standards. This program shall likewise be considered by the Procuring Entity when an appropriation law earmarks an amount for projects specifically contracted out to any of these sectors.
The Government Procurement Policy Board (GPPB) shall develop procurement policies that engender an enabling environment for meaningful competition across all bidders and incorporate social considerations and gender parity in the procurement of Goods, Infrastructure Projects, and Consulting Services. It shall also issue policy guidelines on how Procuring Entities can implement gender responsive approaches in public procurement in relation to project planning, eligibility and selection criteria, contract performance, and grounds for exclusion/suspension/blacklisting.
Registration of Certain Sectors
The GPPB shall maintain a registry of entities belonging to the following sectors:
- Farmers as certified by the Department of Agriculture (DA);
- Fisherfolk as certified by the Bureau of Fisheries and Aquatic (BFAR)
- Persons with disabilities as certified by the National Council for Disability (NCDA) pursuant to R.A. No. 7277, otherwise known as the “Magna Carte for Disabled Persons,” as amended;
- Solo parents as certified by the Department of Social Welfare and Development (DSWD);
- Microenterprises and social enterprises as certified National Innovation Council (NIC) or the the Department of Science and Technology (DOST), as may be applicable;
- Startups, spin-offs and other form of entities involved in science, technology, and innovation activities as certified by the DTI, Department of Information and Communications Technology (DICT), National Innovation Council (NIC) or the Department of Science and Technology (DOST), as may be applicable;
- Cooperatives duly registered with the Cooperative Development Authority (CDA) pursuant to R.A. No. 6939, otherwise known as the “Cooperative Code of the Philippines”, as amended; and
- Other relevant sectors as may be determined by the GPPB to ensure inclusivity and diversity in the procurement process.
Exemptions and Other Forms of Support
The GPPB, after due consultation with the DA, BFAR, NCDA, DSWD, MSMED Council, DTI, DICT, NIC, DOST, Commission on Higher Education, and CDA shall prescribe instances for outright exemption and other forms of support for the sectors mentioned in the preceding section, as may be provided for in the IRR.
Related Articles:
- Key Takeaways from the New Government Procurement Act (Part VI)
- Key Takeaways from the New Government Procurement Act (Part VII)
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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.
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