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In July 2024, President Marcos signed into law the New Government Procurement Act (NGPA) to enhance the efficiency and responsiveness of the Philippine bureaucracy.As part of its mandate to facilitate the ease of doing business in the country, the Anti-Red Tape Authority (ARTA) has identified the need for clearer processing periods to enhance the implementation of the New Government Procurement Act (NGPA).
In a letter addressed to Management Association of the Philippines (MAP) President Al Panlilio, ARTA noted that several provisions in the law’s Implementing Rules and Regulations (IRR) lack specific timeframes for the issuance of essential procurement documents.
In particular, these documents include certifications related to detailed architecture and engineering design (under Section 8), the conferring of original offeror status (Section 30), and electronic bid submission (Section 50).
All of these provisions used the phrase “shall issue a certification.”
The absence of a clearly defined timeline is seen as a hindrance to NGPA’s intention of advancing the ease of doing business in the country.
The NGPA, embodied under Republic Act (RA) 12009, was enacted last year to address loopholes in the current government procurement system.
The Department of Budget and Management (DBM) said it would eliminate wastage in public transactions, resulting in a more prompt delivery of government services.
The IRR of the said law was implemented in February of this year.
According to ARTA, without a clear classification of the prescribed timeline, essential documents will be presumed as simple transactions—which must be completed within three working days.
While this may not guarantee procurement delays, it raises a compliance issue with RA 11032, the Ease of Doing Business Act.
Under Section 6 of the law, it stated that Citizen’s Charters—which outline a government office’s frontline services—must have the “maximum time to conclude the process” to illustrate how long the procurement of a document would take.
ARTA said the prescription of a clear timeline is linked to compliance with the notification requirements for service delays or denials.
Case in point, Section 9 of RA 11032 stated that government offices may extend the processing time of their services only once, and only for a period equal to the maximum prescribed time.
Further, ARTA told MAP that the NGPA’s IRR should adopt a whole-of-government approach. It flagged how the law “[delineated] the roles and responsibilities of key government agencies through various committees.”
Citing RA 11032, the agency said stronger inter-agency cooperation would improve the delivery of public services, policy-making, and interoperability of government processes, among others.
“This approach emphasizes a collaborative and integrated strategy across various government agencies, ensuring that services are delivered more cohesively and effectively, it said.
