GPPB Resolution No. 15 (2026)

GPPB Resolution No. 15-2026 dated 23 July 2026 Page 1 of 4

RESOLUTION NO. 15-2026

APPROVING THE REQUEST OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS TO USE CUSTOMIZED BIDDING DOCUMENTS FOR THE ASSET PRESERVATION / REHABILITATION / RECONSTRUCTION / NETWORK DEVELOPMENT OF MAHARLIKA HIGHWAY PROJECTS IN REGIONS IV-A, V, AND XIII

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 13 April 2026, requested the approval of the use of customized Bidding Documents for three (3) Design-and-Build Projects concerning Construction and Site Development of Asset Preservation / Rehabilitation / Reconstruction / Network Development of Maharlika Highway Projects (the “Maharlika Highway Projects”), which incorporates the design-and-build provisions from Annex “G” of the 2016 IRR of RA No. 9184;

WHEREAS, according to the DPWH’s subsequent submissions and as relayed during clarificatory meetings, the Maharlika Projects in Regions IV-A, V, and XIII are shown in the FY 2026 GAA as projects along the same national highway corridor and are implemented under similar DPWH program components and intervention types. These also cover recurring activities such as preventive maintenance, rehabilitation, reconstruction, upgrading of damaged paved roads, road widening, bridge rehabilitation, bridge replacement, bridge strengthening, roadway lighting, road safety facilities, and other national highway improvement works;

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. 15-2026 dated 23 July 2026 Page 2 of 4

WHEREAS, The DPWH further submitted that while not every Mahalika Project contains all intervention types, the projects are essentially similar in nature. They all form part of the continuing improvement, preservation, rehabilitation, and upgrading of the Daang Maharlika Highway, which is identified in the Infrastructure Flagship Projects list as “Daang Maharlika (N1) Improvement”;

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 14 May 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;

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;

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. 15-2026 dated 23 July 2026 Page 3 of 4

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 three (3) Maharlika Highway Projects in Regions IV-A, V, and XIII;

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 three (3) Maharlika Highway Projects 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 three (3) Maharlika Highway Projects, 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. 15-2026 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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