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In order to avoid delays in the conduct of procurement activities during the National and Local Elections, the Government Procurement Policy Board (GPPB) issues guidelines prior to every election to guide Procuring Entities (PEs) in the conduct of their procurement during the said period. Thus, in preparation for the 2022 National and Local Elections, the Board approved last 02 December 2021 GPPB Resolution No. 20-2021 issuing Circular No. 03-2021 prescribing the Guidelines for the Conduct of Procurement Activities during the Election Period for the 09 May 2022 National and Local Elections.

The Circular clarifies that PEs are not precluded from undertaking procurement projects during election season, however, they must be mindful of the procurement activities that are prohibited starting 25 March 2022 until 08 May 2022 in accordance with the Commission on Elections (COMELEC) Resolution No. 10695.

During the aforesaid period, PEs are prohibited from issuing a Notice of Award for the following procurement projects: (a) all kinds of public works, (b) social projects, and (c) housing-related projects. Nonetheless, the said prohibition admits exceptions. Item 4.2 of GPPB Circular No. 03-2021 outlines certain exceptions relative to the aforementioned types of procurement projects as follows:

  1. For Public Works:
    1. Maintenance of existing and/or completed public works where no additional laborers are employed;
    2. Work undertaken by contract through public bidding or negotiated contract awarded before 25 March 2022;
    3. Preparatory works or the payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment before 25 March 2022;
    4. Emergency work necessitated by the occurrence of a public calamity, due to force majeure or any fortuitous event, but limited to the restoration of the damaged facility, unless the COMELEC authorized such other emergency work;
    5. Ongoing projects commenced before the campaign period and are listed as authorized public works or projects by the COMELEC; and
    6. Projects under foreign agreements or ongoing foreign-assisted projects submitted to the COMELEC.
  2. For Social Projects
    1. Routing and Normal Expenses; and
    2. Such other expenses authorized by the COMELEC after due notice and hearing.
  3. For Housing-Related Projects:
    1. Administrative Expenses; and
    2. Such other expenses authorized by the COMELEC after due notice and hearing.

The Circular also states that all requests for exemption from the coverage of the prohibited activities shall be directed to the COMELEC, being the agency mandated to implement the provisions of the Omnibus Election Code and COMELEC Resolution No. 10695.

For more information, PEs may refer to said GPPB Resolution and the GPPB Circular provided in this link:

https://www.gppb.gov.ph/wp-content/uploads/2023/05/GPPB-Resolution-No.-20-2021.pdf

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