GPPB Resolution No. 14 (2026)

GPPB Resolution No. 14-2026 dated 23 July 2026 Page 1 of 4

RESOLUTION NO. 14-2026

APPROVING THE REQUEST OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS TO USE CUSTOMIZED BIDDING DOCUMENTS FOR THE ACCELERATED BRIDGE CONSTRUCTION PROJECT FOR GREATER ECONOMIC MOBILITY AND CALAMITY RESPONSE PROJECT

WHEREAS, Republic Act (RA) No. 12009, otherwise known as the “New Government Procurement Act,” (the “Act”) took effect on 13 August 2024, while its Implementing Rules and Regulations (IRR) took effect on 25 February 2025;

WHEREAS, Section 91 of RA No. 12009 mandates that the Government Procurement Policy Board (GPPB) shall be the central body that sets strategic direction and makes policy decisions regarding all matters affecting public procurement, having due regard to the country’s regional and international obligations, and is tasked to lead the nation’s efforts in advancing public procurement reforms in accordance with the Act;

WHEREAS, Section 91.1 (c) of the IRR of RA No. 12009 further authorizes the GPPB to formulate and amend, whenever necessary, the IRR of the Act, associated issuances and government procurement manuals, Philippine Bidding Documents (PBDs) and standard forms for procurement, and issue policy papers to ensure that the procurement process is streamlined and responsive to the needs of the government;

WHEREAS, Section 6 of RA No. 12009 provides that the GPPB shall pursue the development of generic procurement manuals and standard bidding forms, the use of which, once issued, shall be mandatory upon all Procuring Entities (PEs). However, whenever necessary, to suit the particular needs of the PE, modifications may be made particularly for major and specialized procurement, subject to the approval of the GPPB;

WHEREAS, the GPPB, through Resolution No. 03-2025,1 approved the new Standard Procurement Forms, which include the PBDs;

WHEREAS, the Department of Public Works and Highways (DPWH), in its letter dated 23 March 2026, requested the approval of the use of customized Bidding Documents for the Accelerated Bridge Construction Project for Greater Economic Mobility and Calamity Response Project (the “ABC Project”) which incorporates the design-and-build provisions from Annex “G” of the 2016 IRR of RA No. 9184;

WHEREAS, in the same letter, the DPWH explained that the ABC Project shall be financed through Official Development Assistance (ODA) from the Government of the French Republic (GFR), in line with Note Verbale No. 24-1905 which referred to the “Agreement on Financial and Development Cooperation (AFDC) between Government of the Philippine (GPH) and GFR”;

WHEREAS, the AFDC, as referred to in Note Verbale No. 24-1905, provides, among others, that:

1 Dated 14 May 2025, entitled “Approving the Standard Forms for Procurement in accordance with Republic Act No. 12009 and its Implementing Rules and Regulations.”

GPPB Resolution No. 14-2026 dated 23 July 2026 Page 2 of 4

• The French Government shall conduct its own review process for the Projects, Activities, or Programs (PAP) and the Philippine Government’s request for financing. Should the PAP and request for financing be favorably considered, the French Government shall assist Philippine authorities to identify qualified, legitimate, and reputable French Contractors and submit the same to the Philippine Government, through the DOF, within ten (10) working days from the French Government’s receipt of the Philippine Government’s request, unless another period is agreed between the parties in writing.

• Upon receipt of the name of the Contractors proposed by France, the Philippine Government, through the DOF, shall forward them to the Implementing Agency (IA) concerned, which shall commence its own verification process on the capacity, qualification and track record of each Contractor, adhering to the principles of transparency, accountability, equity, and economy under RA No. 9184 or the Government Procurement Reform Act and its IRR (collectively, "Philippine Procurement Law'').

• Should the IA find any concern with respect to the capacity, qualification or track record of any or all of the Contractors, the IA shall notify the DOF with its specific reasons and concerns. The DOF shall express their concerns in a substantiated manner to the French Government which may present alternative options to address such, including the replacement of a given Contractor with another qualified, including the replacement of a given Contractor another qualified, legitimate and in good standing Contractor.

• The IA shall commence the procurement process among the said eligible Contractors for the PAP and undertake Limited Source Bidding under the Philippine Procurement Law, to the extent possible.

WHEREAS, item 5.2.1 of the GPPB Circular No. 01-20252 provides that PEs shall continue to use the guidelines and forms issued under RA No. 9184 and its IRR until the necessary guidelines, forms, and requirements under the relevant provisions of RA No. 12009 and its IRR have been issued by the GPPB, and that PEs may revise said forms to conform to the relevant provisions of RA No. 12009 and its IRR;

WHEREAS, the Guidelines for the Procurement and Implementation of Contracts for Design-and-Build Infrastructure Projects under RA No. 12009 and its IRR have yet to be issued, thus, Annex “G”3 of the 2016 IRR of RA No. 9184 remains effective until the updated guidelines have been issued;

WHEREAS, on 28 April 2026, the GPPB-Technical Support Office (TSO) and the DPWH conducted a line-by-line review of the customized Bidding Documents and agreed to update the draft to incorporate recommended changes, and corresponded for documents supporting the request;

WHEREAS, after further review of the subject proposal and upon recommendation by the GPPB-TSO and the GPPB Inter-Agency Technical Working Group (IATWG), the same was submitted to the GPPB for approval;

WHEREAS, the GPPB Chairperson requested further review of the customized Bidding Documents by the GPPB-TSO prior to approval by the GPPB;

2 Dated 18 September 2025 on the Policy Guidance on Section 113 (Transitory Provision) in Relation to Section 115 (Repealing Clause) of Republic Act No. 12009 and its Implementing Rules and Regulations. 3 Or the “Guidelines for the Procurement and Implementation of Contracts for Design and Build Infrastructure Projects.”

GPPB Resolution No. 14-2026 dated 23 July 2026 Page 3 of 4

WHEREAS, during the 2nd Joint GPPB and IATWG Meeting on 23 July 2026, to ensure compliance with Section 89 of RA No. 12009 and its IRR on contract prices, the GPPB-TSO sought clarification on the objective of the proposed provision under Instructions to Bidders (ITB), namely: “The Bidder shall also include, in its lump sum Bid Price, all duties, taxes, and other levies payable by the Contractor under the Contract, as well as provisions for increases in construction prices until the completion of Construction.” As worded, the last phrase includes use of the lump sum amount as provision for price increases. For the avoidance of doubt as to whether the last phrase “as well as provisions for increases in construction prices until the completion of Construction” would have the effect of authorizing price escalation under Section 89 of RA No. 12009, it was agreed that the GPPB-TSO would clarify the intent thereof with the DPWH. Should the DPWH confirm that this provision was not intended to authorize price escalation and agree that the last phrase be deleted in the ITB to avoid misinterpretation, it was further agreed that the Resolution may then be circulated for signature by the GPPB;

WHEREAS, the DPWH clarified that the intent of the last phrase, “as well as provisions for increases in construction prices until the completion of Construction,” was to emphasize that bidders, in submitting a lump sum bid, should take into account reasonably foreseeable increases in construction costs during contract implementation as part of their bid price. Nevertheless, after considering the observations raised by the GPPB-TSO, the DPWH agreed to remove the last phrase of this section of the ITB;

NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt, and approve, as WE hereby confirm, adopt, and approve the following:

1. APPROVE the DPWH’s request for use of the customized Bidding Documents for the ABC Project, as revised;

2. DIRECT the DPWH to submit to the GPPB a Certification prior to posting of the customized Bidding Documents:

a. Indicating that the provisions in the proposed customized Bidding Documents for the ABC Project are consistent with the provisions of RA No. 12009, its IRR, and other applicable laws, rules and regulations;

b. Confirming that such Bidding Documents shall not be used for projects other than the ABC Project, and that any other design-and-build customized bidding documents shall be submitted to the GPPB for its approval; and

3. CLARIFY that the GPPB’s approval of the DPWH’s use of the customized Bidding Documents does not, in any way, serve as confirmation, approval, or endorsement of the veracity of any information provided to the GPPB, including the validity of the source of funding.

APPROVED this 23rd day of July 2026 at Quezon City, Philippines.

GPPB Resolution No. 14-2026 dated 23 July 2026 Page 4 of 4

____________________________________ GPPB, Chairperson DEPARTMENT OF BUDGET AND MANAGEMENT

________________________________ DEPARTMENT OF ECONOMY, PLANNING AND DEVELOPMENT

____________________________________ DEPARTMENT OF EDUCATION

____________________________________ DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

____________________________________ DEPARTMENT OF NATIONAL DEFENSE

____________________________________ DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

____________________________________ DEPARTMENT OF TRANSPORTATION

____________________________________ PROCUREMENT SERVICE – DBM ____________________________________ PRIVATE SECTOR REPRESENTATIVE

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