DepEd Memorandum 049, s. 2024
Conduct of Fiscal Year 2025 Early Procurement Activities by the Central, Regional and Schools Division Offices
DepEd Memorandum No. 049, s. 2024, addresses the conduct of Early Procurement Activities (EPA) for fiscal year 2025. The purpose is to ensure that procurement processes are conducted in advance to enable timely implementation of programs and delivery of goods and services.
Table of Contents:
3. Conduct of Early Procurement Activities
7. Full Copy of DepEd Memorandum 049, s. 2024
SEP 18 2024
DepEd MEMORANDUM
No. 049, s. 2024
CONDUCT OF FISCAL YEAR 2025 EARLY PROCUREMENT ACTIVITIES BY THE CENTRAL, REGIONAL AND SCHOOLS DIVISION OFFICES
To: Undersecretaries
Assistant Secretaries
Bureau and Service Directors
Regional Directors
Schools Division Superintendents
All Others Concerned
1. Pursuant to Section 7.6 of the 2016 Revised Implementing Rules and Regulations (RIRR) of Republic Act (RA) No. 9184[Government Procurement Reform Act], Procuring Entities are encouraged to undertake Early Procurement Activities (EPA) to ensure the timely delivery of goods, implementation of infrastructure projects, rendition of consultancy services, or renewal of contracts for regular and recurring services[Id. at Section 3.3; RIRR, Section 7.6.].
2. Early Procurement Activities refer to the conduct of procurement activities, from posting of the procurement opportunity, if required, until recommendation of the Bids and Awards Committee (BAC) to the Head of Procuring Entities (HoPE) as to the award of the contract, for goods to be delivered, infrastructure projects to be implemented and consulting services to be rendered in the following fiscal year, pending approval of their respective funding sources[2016 Revised Implementing Rules and Regulations (RIRR) of Republic Act (RA) No. 9184, Appendix 31, Section 3.1.].
3. Early Procurement Activities cover goods, infrastructure projects, or consulting services. It applies to Procurement Projects undertaken through Competitive Bidding and Alternative Methods of Procurement, except for the following:
a. Repeat Order,
b. Shopping,
c. Negotiated Procurement - Emergency Cases,
d. Negotiated Procurement - Take-Over of Contracts, and
e. Negotiated Procurement - Small Value Procurement.[ Id. at Items 1.3 and 1.4; RIRR, Sections 51, 52, 53.2, 53.3, and 53.9.]
4. The requirements and procedures in the conduct of EPA are detailed in Appendix 31 of the RIRR, titled Guidelines on the Implementation of Early Procurement Activities (EPA).
5. Likewise, DepEd Order (DO) No. 051, s. 2021 titled Guidelines on the Conduct of Early Procurement Activities (EPA) at the Department of Education[November 25, 2021], reiterates and emphasizes the full implementation of EPA in the Department of Education (DepEd)[ Enclosure to DepEd Order 051, s. 2021, Item]. It prescribes the DepEd guidelines on the conduct of EPA to hasten procurement of resources and ensure utilization of budget within the year.[ Id. at Item IV.]It also states that compliance with the Guidelines[DO 051, s. 2021, Item 4.], and such related issuances that may be subsequently issued and in relation to the governing Memorandum Circular[Inter-agency Task Force on the Harmonization of National Government Performance Monitoring, Information and Reporting Systems (Administrative Order No. 25, s. 2011); i.e., MC No. 2021-1 for FY 2021, MC No. 2022-1 for FY 2022; MC No. 2023-1 for FY 2023.], shall be used as the basis for determining the Performance-Based Bonus (PBB) eligibility of responsible units and individuals.
6. The conduct of 2025 EPA is further supported under the National Expenditure Program (NEP), Fiscal Year (FY) 2025, which provides in relevant part, viz:
Section 21. Early Procurement Activities. Notwithstanding the mandatory procurement timelines under existing government procurement laws, rules, and regulations, agencies are authorized to undertake early procurement activities, as soon as the proposed national budget is submitted to Congress. However, agencies may only proceed with the issuance of notice of award of contract upon approval or enactment of their respective appropriations and issuance of budget authorization document and based on the amount authorized therein.[ Volume I, Part II - General Provisions] (Emphasis supplied)
2025 EPA for Central, Regional, and Schools Division Offices
7. To align with the objectives of EPA-ensuring the timely delivery of goods, the implementation of infrastructure projects, the provision of consultancy services, and the renewal of contracts for regular and recurring services-while also expediting procurement processes and budget utilization within their validity period, the DepEd, through its relevant offices across various governance levels, shall conduct EPA for applicable FY 2025 procurement projects.
8. CO, ROs, and SDOs shall strictly adhere to RA No. 9184 and its RIRR; DO 051, s. 2021; FY 2025 NEP; and pertinent government budgeting, accounting, and auditing rules and regulations in the conduct of EPA.
9. The funding requirements for the listed programs/projects in the Enclosures are certified to be covered under the FY 2025 NEP of DepEd. Contracts subject of EPA shall only be awarded after approval of FY 2025 budget as General Appropriations Act, or as reenacted, if applicable.
10. Under exceptional circumstances, subject to evaluation of and availability of funds at the CO, the ROs and SDOs may request an adjustment in the funding amount from the CO no later than ten (10) days before the commencement of the second round of bidding, following the failure of the first round.
EPA for CO
11. For CO, there are eleven (11) projects for EPA, with a total amount of Php12,400,763,013.61. Details of which are provided in Enclosure No. 1. The indicative timeline for CO EPA is in Enclosure No. 2.
EPA for ROs and SDOs
12. The ROs and SDOs, with their own programs and projects under the FY 2025 NEP, will also conduct EPA.
13. Additionally, there are six (6) projects with a total amount of Php 8,723,229,934.00 and four (4) projects with a total amount of Php 10,882,136,000.00 which are to be directly released or downloaded by CO to ROs and SDOs,respectively. ROs and SDOs shall undertake EPA for said projects. The details are in Enclosure No. 3 and Enclosure No. 4 for ROs and SDOs, respectively.
14. In accordance with Item 3.4.3 [3.4.3 For Procurement Projects funded by forthcoming sub-allotments from the Central Office (CO) or Centrally-Managed Items, the written approval, in whatever form, from the CO identifying the implementing unit therefor with the corresponding amount and authorizing the conduct of EPA shall be the basis for the conduct of said activity] of Appendix 31 of the RIRR, this Memorandum serves as the authority for ROs and SDOs to conduct EPA of CO directly released or downloaded projects.
15. The indicative timeline for EPA in ROs and SDOs is provided in Enclosure No. 5, subject to their actual or final timelines as warranted by their respective circumstance, and provided that the prescribed periods for the conduct of EPA under RA 9184 and its RIRR are strictly observed.
16. On or before September 20, 2024, CO, through the respective Program Owners, shall issue to ROs and SDOs the applicable necessary documents for the conduct of EPA, i.e., guidelines/issuances, project and financial details, allocation list, technical specifications/ scope of work/ terms of reference.
17. Furthermore, in line with Item 3.5 of Appendix 31 of the RIRR, the CO Program Owners and the relevant offices shall ensure that all necessary conditions and/or documents required for the release of funds or sub-allotment prepared promptly to enable ROs and SDOs to commence procurement and award the contract within the prescribed period.
18. Based on Section 11 of RA No. 9184 and Section 11.1.2 of the RIRR, the ROs, and SDOs, through their respective HoPEs, may create additional BACs, as may be needed, to facilitate the conduct of EPA and their other procurement activities.
19. The CO through the relevant offices named in the succeeding paragraph, shall monitor, closely coordinate with, and provide technical assistance to ROs and SDOs for the conduct of EPA and the contract implementation of the procurement projects.
20. For clarifications, concerns, or requests for technical assistance, the CO relevant offices may also be reached by ROs and SDOs through the following contact details.
Office | Concerns | Contact details |
Curriculum and Instruction Strand-Bureau of Learning Resources | Programs/projects and details for downloading or direct release regarding flexible learning option learning resources | (02) 8634-1072 (02) 8634-0901 (02) 8634-1054 |
Administration Strand-Information and Communications Technology | Programs/projects and details for downloading or direct release regarding the DepEd Computerization Program | (02) 8631-9636 |
Office of the Undersecretary-School Infrastructure and Facilities Strand | Programs/projects and details for downloading or direct release regarding Basic Educational Facilities Funds | (02) 8638-4044 |
Office of the Undersecretary-Operations Strand | Implementation concerns regarding governance levels | (02) 8633-5313 (02) 8631-8492 |
Finance Strand-Budget Division | Concerns on budget, accounting, and finance | (02) 8633-9342 |
Office of the Undersecretary-Procurement Strand | Concerns on procurement activities under RA9184 and RIRR | (02) 8635-3761 (02)8633-1940 |
21. Immediate dissemination of this Memorandum is desired.
(SGD) SONNY ANGARA
Secretary
Encls.: As stated
References:
DepEd Order (No. 051, s. 2021)
To be indicated in the Perpetual Index
under the following subjects:
BIDS AND AWARDS
OFFICIALS
PROCUREMENT
PROGRAMS
PROJECTS
REQUIREMENTS
RULES AND REGULATIONS
(Enclosure No. 1 to DepEd Memorandum No. 049, s. 2024)
CENTRAL OFFICE PROGRAMS/PROJECTS FOR 2025 EPA
Central Office Program Owner | Program | Project | Amount | ||
Strand | Bureau/Service/Office | Name | No. | ||
Curriculum and Teaching | Bureau of Education Assessment Education Assessment Division (BEA-EAD) | Procurement of Testing Materials | PEPT- Regular Administration (Php16,599,100.00) PEPT- Special Administration (Php14,227,800.00) Accreditation & Equivalency (Php 30,843,000.00) | 3 | 61,669,900,00.00 |
Bureau of Learning Resources - Learning Resources Production Division (BLR- LRPD) | Textbooks / Instructional Materials | Textbooks & Materials (Php5,321,002,790.69) Kinder Activity Sheets Php 168,469,982.02 | 2 | 5,489,472,772.71 | |
BLR-Cebu | Learning Tools and Equipment | Science and Mathematics Equipment (Php2,100,000,000.00) TVL Tool Php 308 387 673.90 | 2 | 2,408,387,673.90 | |
Administration | Information and Communications Technology Service Technology Infrastructure Division ICTS-TID | DepEd Computerization Program (DCP) | e-Learning Cut Package (Php 4,342,340,447.00) | 1 | 4,342,340,447.00 |
Administrative Service-Security Services | Contract of Security Service Provider | Procurement of Security Service (Php 93,557,220.00) | 1 | 93,557,220.00 | |
Operations | Disaster Risk Reduction and Management Service (DRRMS) | Program of Venue with Board and Lodging for the Conduct of FY 2025 1st Fudiciary Workshop | Planning and Finance Program (Php 4,960,000.00) | 2 | 4,960,000.00 |
Procurement of Venue with Board and Lodging for the Conduct of DRRMS Quarterly Evaluation and Planning Workshop (Batch 1) | Planning, Research, Information System & Monitoring and Evaluation (Php 375,000.00) | 2 | 375,000.00 | ||
TOTAL | 11 | Php 12,400,763,013.61 | |||
(Enclosure No. 2 to DepEd Memorandum No. 049, s. 2024)
INDICATIVE 2025 EPA TIMELINE FOR CENTRAL OFFICE
Activity | Date |
1. Review of Program Owner’s submitted procurement documents and preparation of Bidding Documents by Procurement Strand | Until September 30, 2024 |
2. Bidding Process* | October to December 2024 |
3. Preparation of RTA, including the tolling of period* until approval of GAA | December 2024 |
4. Revision of PPMPs based on GAA and submission of revised PPMs, as reviewed by PS-PPD and Budget Division | January 10, 2025 |
5. Consolidation of CY 2025 PPMPs and Approval of CY 2025 APP | January 11 to January 25, 2025 *Deadline for submission to GPPB is on or before January 30, 2025 |
6. Approval of RTA, issuance of NOA & execution of Contract* | January 2025 |
*It should be noted that the applicable procurement periods prescribed under RA 9184 RIRR in relation to the conduct of EPA shall be complied with, viz:
8.1 Pursuant to Section 85 of Presidential Decree No. 1445 or the State Audit Code, no contract involving the expenditure of public funds shall be entered into unless there is an appropriation. Accordingly, pending approval and effectivity of the GAA, corporate budget or appropriations ordinance, or the loan agreement in the case of FAPs, the following periods shall be tolled or suspended:
8.1.1 the fifteen-day (15 day) period for the HoPE to approve the Resolution of the BAC and to issue the Notice of Award provided under Section 37; and
8.1.2 the three-month (3-month) period within which to complete the procurement process, from the opening of bids up to the award of contract, under Section 38 of RA No. 9184.
1.2 The period of time for the award of contract and termination of the procurement process, as the case may be, shall begin to run again upon the approval and effectivity of the GAA, reenacted budget, appropriations ordinance, corporate budget or loan agreement, as the case maybe.
It shall not commence anew but rather, grants the HoPE the balance of the remaining period
to award the contract or terminate the procurement process.
(Enclosure No. 3 to DepEd Memorandum No. 049, s. 2024)
PROGRAMS/PROJECTS TO BE DIRECTLY RELEASED OR DOWNLOADED TO REGIONAL OFFICE FOR 2025 EPA
Central Office Program Owner | Program | Project | Amount | ||
Strand | Bureau/Service/Office | Name | No. | ||
Curriculum and Teaching | Bureau of Learning Resources – Manila | Flexible Learning Options – Learning Resources | Procurement of Modules (Php 2,193,860,309.00) | 1 | 2,193,860,309.00 |
Procurement of Tablets (Php 1,246,542,000.00) | 1 | 1,246,542,000.00 | |||
Administration | Information and Communications Technology Service Technology Infrastructure Division ICTS-TID | DepEd Computerization Program (DCP) | Smart TV Package (Php 1,209,767,325.00) Laptop for Teaching (Php 1,257,039,300.00) Laptop for Non-Teaching (Php 200,805,000.00) | 3 | 2,667,611,625.00 |
School Infrastructure Facilities | Education Facilities Division (EFD) | Basic Education Facilities Fund (BEFF) – Engineered Bamboo and 75% Allocation for School Furniture Program | 75% Allocation (Php 11,901,404,700.00) Engineered Bamboo (Php 60,061,400.00) 15% Allocation (Php 392,035,950.00) 10% Allocation (Php 261,713,950.00) | 1 | 2,615,216,000.00 |
TOTAL | 6 | Php 8,723,229,934.00 | |||
(Enclosure No. 4 to DepEd Memorandum No. 049, s. 2024)
PROJECTS TO BE DIRECTLY RELEASED OR DOWNLOADED TO SCHOOLS DIVISION OFFICES FOR 2025 EPA
Central Office Program Owner | Program | Project | Amount | ||
Strand | Bureau/Service/Office | Name | No. | ||
School Infrastructure Facilities | Education Facilities Division (EFD) | Basic Education Facilities Fund (BEFF) | School Electrification Program (Php 1,295,000.000.00) School Health Facilities (Php 5000,000,000.00) BEFF Repair (Php 6,102,136,000.00) | 3 | 7,897,136,000.00 |
Last Mile Schools (LMS) Program | LMS Program (Php 2,985,000,000.00) | 1 | 2,985,000,000.00 | ||
TOTAL | 4 | Php 10,882,136,000.00 | |||
(Enclosure No. 5 to DepEd Memorandum No. 049, s. 2024)
INDICATIVE FY 2025 EPA TIMELINE FOR REGIONAL AND SCHOOLS DIVISION OFFICES
Major Activities | Dates |
CO | |
For projects to be directly released or downloaded by CO, the CO Program Owners will release to ROs and SDOs their respective specific Guidelines for the conduct of EPA, including project and financial details, allocation list, technical specifications/ scope of work/terms of reference. | September 20, 2024 |
ROs and SDOs | |
1. Submission of initial PPMPs | September 2024 |
2. Approval and posting in the Transparency Seal of the Indicative APP | On or before September 30, 2024 |
3. Submission of Procurement Documents and preparation of Bidding Documents | September to October 2024 |
4. Bidding Process* | October to December 2024 |
5. Preparation of RTA, including the tolling of period* until approval of GAA | December 2024 |
6. Revision of PPMPs based on GAA | January 2025 |
7. Consolidation of CY 2025 PPMPs and Approval of CY 2025 APP | January 2025 *Deadline for submission to GPPB is on or before January 30, 2025 |
8. Approval of RTA, issuance of NOA & execution of Contract* | January 2025 |
*It should be noted that the applicable procurement periods prescribed under RA 9184 RIRR in relation to the conduct of EPA shall be complied with, viz:
8.1 Pursuant to Section 85 of Presidential Decree No. 1445 or the State Audit Code, no contract involving the expenditure of public funds shall be entered into unless there is an appropriation. Accordingly, pending approval and effectivity of the GM, corporate budget or appropriations ordinance, or the loan agreement in the case of FAPs, the following periods shall be tolled or suspended:
8.1.1 the fifteen-day (15 day) period for the HoPE to approve the Resolution of the BAC and to issue the Notice of Award provided under Section 37; and
8.1.2 the three-month (3-month) period within which to complete the procurement process, from the opening of bids up to the award of contract, under Section 38 of RA No. 9184.
8.2 The period of time for the award of contract and termination of the procurement process, as the case may be, shall begin to run again upon the approval and effectivity of the GM, reenacted budget, appropriations ordinance, corporate budget or loan agreement, as the case may be.
It shall not commence anew but rather, grants the HoPE the balance of the remaining period to award the contract or terminate the procurement process.
Full copy of DepEd Memorandum No. 049, s. 2024 below:
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