1. REFERENCES:

1. Section 23.4 of the Revised IRR of RA No. 9184, otherwise known as the Government Procurement Reform Act (GPRA); and
   
   
2. Section 26, RA No. 6975, otherwise known as the DILG Act of 1990.

2. PURPOSE:

This Circular prescribes the policies and procedures in the registration of manufacturers, supppliers, distributors and contractors participating in the PNP procurement of equipment, supplies and materials, as well as infrastructure projects, and in the collection of registration fee and the disposition thereof.

3. DEFINITION OF TERMS:

1. Bids and Awards Committee (BAC) - refers to the NHQ Bids and Awards Committee chaired by TDCO and the following as members: TDL - Vice Chairman; TDC - Regular Member; TDRD - Regular Member; D, LS-Regular Member; D, LSS - Provisional Member for goods of PNP-wide use; and D, ES - Provisional Member for infrastructure projects;
   
   
2. Bidder - refers to eligible contractor, manufacturer, supplier, distributor and/or consultant competing for the award of a contract in PNP procurement;
   
   
3. PHILGEPS - refers to the Philippine Government Electronic Procurement System as provided in Section 8 of the IRR-A of RA 9184;
   
   
4. Goods - refer to all items, supplies, materials and general support services except consulting services and infrastructure projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity;
   
   
5. Infrastructure Projects - include the construction , improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related construction projects of the government;
   
   
6. Registry of Manufacturers, Suppliers and Distributors - refers to the list of manufacturers, suppliers, distributors and contractors being maintained by the NHQ Bids and Awards Committee, through its Secretariat, that complied with the requirements for registration and who were issued cetificate of registration; and
   
   
7. Certificate of Registration - refers to the document issued by the NHQ BAC Secretariat upon findings that the appliction submitted by suppliers, manufacturers, distributors and contractors for registration purposes are sufficient and consistent with the requirements of this Circular.

4. POLICIES:

1. Participation to any PNP procurement is open to all legally, technically and financially competent business entities which are not blacklisted by any government agency or office. Prior registration pursuant to this Circular is not a precondition for participation in any procurement regardless of the method employed, whether public bidding or any of the alternative modes of procurement;
   
   
2. For purposes of expediting the procurement process and for the convenience of business entities joining PNP procurement, especially in the checking of eligibility requirements during the opening and examination of bids and post-qualification, the BAC and the BAC Secretariat shall encourage manufacturers, suppliers, distributors and contractors to register pursuant to this Circular. However, non-registration is not a bar for participation in any procurement.
   
   
3. The registration of manufacturers, suppliers, distributors and contractors pursuant to this Circular will not result in their authomatic eligibility or passing post-qualification in any procurement where they may participate. Their eligibility or passing post- qualification is still subject to their complete and faithful compliance of the other requirements for such purpose.
   
   
4. During eligibility check and post-qualification, the certificate of registration, which shall be valid for a period of one (1) year from its issuance, shall be submitted in lieu of the following documents:
   
   1) Securities and Exchange Commission (SEC) registration for corporations, Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) registration for cooperatives;
   
   2) Mayor ™s Business Permit issued by the city or municipality where the principal place of business of the prospective bidder is located;
   
   3) Tax Clearance Certificate issued by the Enforcement Division of the Bureau of Internal Revenue;
   
   4) Latest Business Income Tax Returns;
   
   5) Certificate of GEPS Registration;
   
   6) Audited Financial Statement stamped received by the Bureau of Internal Revenue or accredited financial institution;
   
   7) Statement of completed, ongoing and awarded contracts at least five (5) years before registration; and
   
   8) Authenticated exclusive distributorship agreement issued by a foreign manufacturer or authority to sell.
   
   
5. Manufacturers, suppliers, distributors and contractors who shall submit falsified documents shall be investigated and, as evidence warrants, shall be charged criminally in cooperation with the agency or office which clearance or permit was falsified. In addition, the applicant shall also be blacklisted or barred from participating in any PNP procurement in accordance with the Revised IRR of RA No. 9184.

5. PROCEDURES:

1. In the invitation to Apply for Eligibility and to Bid, which the BAC, through its Secretariat, shall publish in a newspaper of nationwide and general circulation and post with the Philippine Government Electronic Procurement System (PHILGEPS), in the PNP website and in conspicuous places, the notice that suppliers, manufacturers, distributors and contractors should register with the BAC shall be indicated . The registration shall be based on the submission of the following requirements: (a) application letter; (b) submission of authenticated machine copy of documents mentioned in paragraph 4.d above; and (c) payment of non-refundable registration fee in the amount of one thousand pesos (P1,000.00).
   
   
2. The application for registration shall be filed at the NHQ BAC Secretariat Division of the Directorate for Logistics. Upon submission of all the requirements for registration, the BAC Secretariat shall immediately verify the authenticity of the documents submitted, which shall be in two (2) copies each and duly authenticated by the applicant himself and, if found to be appropriate, the certificate of registration shall be issued forthwith. The process shall be completed within three (3) calendar days. The Certificate of Reistration shall be signed by the Head NHQ BAC Secretariat and The Director for Logistics.
   
   
3. Applicants shall pay the non-refundable registration fee at the 14th Finance Service Offce (FSO), which shall issue the official receipt based on the Order of Payment issued by the BAC Secretariat. The amount collected as registration fee shall be treated as trust receipts which shall be used in accordance with DBM Budget Circular No. 2007-3, dated November 29, 2007, and for the operation of the BAC, such as, but not limited to, the cost of advertisement, development and preparation of bidding documents, conduct of test and evaluation by the TWGs, and in the conduct of continuing education and training of BAC members, members of the BAC Secretariat and TWGs.
   
   
4. Notwithstanding the issuance of a Certificate of Registration, the BAC, through the BAC Secretariat, shall continuously exert efforts to verify the authenticity of the documents submitted by a registered business entity. For this purpose, the BAC could request the assistance of the appropriate PNP offices and other governmnent agencies and offices, particularly those that issued the submitted licenses and permits.
   
   
5. The Certificate of Registration issued by the NHQ BAC shall be valid for use by the registered supplier, manufacturer, distributor or contractor for one (1) year from the date of registration in any NHQ BAC, PRO BAC or NSU BAC procurement povided that none of the documents mentioned in paragraph 4.d of this Circular had expired or became ineffective. The Certificate of Registration may be submitted for eligibility purposes in lieu of the documents mentioned in paragraph 4.d above.
   
   
6. In the event that any of the documents mentioned in paragrap 4.d of this Circular will expire or shall become ineffective, it is incumbent upon the registered supplier, manufacturer, distributor or contractor to renew the same on or before its expiration. Otherwise, the Certificate of Registration shall not serve as a valid substitute for the expired or ineffective document is concerned during the examination of eligibility requirements or for purposes of post-qualification.
   
   
7. During the post-qualification stage of the bidding process, the TWG may require the NHQ BAC Secretariat for authenticated copies of the documents mentioned in paragraph 4.d of this Circular to verify whether any of the said documents had lapsed or became ineffective on or before or during the opening and examination of bids. Should the post-qualification process uncover any inaccuracy or falsehood in the documents submitted for purposes of registration, the supplier, manufacturer, distributor or contractor concerned shall not be considered and post-disqualified.
   
   
8. Only the NHQ BAC, through its BAC Secretariat, is allowed to issue a certificate of registration by virtue of and pursuant to this Circular. The BAC Secretariat shall not entertain application for registration if the clearances and permits supporting the same are not valid for at least one (1) year duration.

6. SANCTION:

PNP personnel who shall violate this Circular shall be investigated and as may be warranted by evidence shall be prosecuted accordingly.

7. RESCISSION CLAUSE:

All issuances, SOPs and directives which are inconsistent with this Circular are hereby rescinded, repealed or modified accordingly.

8. EFFECTIVITY:

This Circular takes effect after fifteen (15) days from its filing at the UP Law Center pursuant to Sections 3 and 4, Chapter 2, Book VII of EO No. 292, as amended, otherwise known as The Administrative Code of 1987.

(SGD.) JESUS A VERZOSA, CEO VI
  Police Director General
  Chief, PNP