Sen. Sherwin Gatchalian yesterday said the Department of Information and Communications Technology (DICT) should be given leeway in the procurement of cybersecurity equipment needed to prevent future hacking of government websites.
In an interview with radio dzBB, Gatchalian said the DICT should be allowed to buy “specialized equipment” and exempted from the Government Procurement Reform Act (GPRA) which mandates that purchases to be made by government agencies must include the terms of reference to identify the items to be bought.
He said if the cybersecurity equipment to be purchased is identified, hackers can come up with strategies to hack the equipment.
Gatchalian made the pitch after the DICT requested for a P300 million confidential fund to buy equipment to prevent cybersecurity attacks.
Gatchalian said the DICT can just include in its “line item” budget the funding needed to procure the cybersecurity equipment.
“As a rule, sang-ayon ako na kailangan line item ang mga bibilhin. Hindi puwede dahil mas convenient ang paggamit ng confidential funds ‘yun na ang gagamitin mo… Pero aminado rin ako na na madami sa ating equipment, lalo na ‘yung mga specialized equipment na hindi puwede ipaalam sa buong mundo kung ano ang bibilhin natin. Dahil sa Procurement Law, very strict eh dapat ilagay mo ang terms of reference, kahit walang brand may terms of reference naman (As a rule, I am in favor that the DICT should include the purchase under its line item programs. It cannot use confidential funds just because it is convenient to use…But on the contrary, specialized items to be bought cannot be disclosed to the whole world… Our Procurement Law is very strict, the terms of reference should be included. Even if you don’t specify the brand, the terms of reference must be present),” Gatchalian said.
He said the inclusion of the budget for the purchase of the equipment are among the issued being considered by senators in the proposed amendments to the GPRA, that if it involves national security, then they can relax the law.
“Kung talagang mapapatunayan na ito ay talagang makaka-apekto sa national security natin, bigyan natin ng exemption (If it will be proven that it will affect national security, then we should give exemptions),” he said.
Gatchalian said only the DICT should be allowed to purchase specialized equipment to fight hacking since its mandate is to safeguard all the websites of government agencies.
Sen. Juan Edgardo Angara said the ongoing review of RA 9184 or the GPRA is a way to build the strengths and address the weaknesses of the law.
The GPRA was introduced by Angara’s father – the late Sen. Edgardo Angara. It was aimed at improving efficiency, competition, transparency, and eliminate political interference which often lead to corruption in the government procurement process.
“The GPRA remains a good law but after two decades, a lot has changed — the entire technological landscape has evolved, and we lose some efficiency in the process. Now is a good time as any to reassess the law, look at its strengths and weaknesses, build on these strengths and be more responsive to the needs of the government and the people,” Angara said.
He said challenges have emerged in the implementation of the law, including underspending or the utilization of funds by some government entities, prolonged delays in the implementation of infrastructure projects and the tedious processes in the procurement of goods and services.
In his second State of the Nation Address, President Marcos Jr. said that enacting a new procurement law and auditing code will make government procurement and auditing more attuned to changing times.
The Committee on Finance has started hearing the different bills related to the government procurement and bidding processes filed by Senators Francis Tolentino, Risa Hontiveros, Pia Cayetano, Ramon Revilla Jr., and Jinggoy Estrada.
Angara also filed his own Senate Bill Number 2466 that seeks to revise the GPRA to make it more responsive and relevant to the present times.
He noted that the awarding of contracts takes a year or two to complete and for IT equipment, this most likely would result in the goods already becoming outdated by the time they are delivered to the procuring entity.
“A common observation in government procurement is that giving priority to the lowest bid does not always work in the best interests of the procuring entities because they sometimes end up with inferior quality of goods,” Angara said.
The proposed revised GPRA seeks to address these challenges and to assist procuring entities in coping with the implementation of vast, complex, and intricate government projects. The amendments also propose a shift towards a fit-for-purpose procurement approach developed to meet the specific needs of procuring entities.
Angara said the committee will also take into consideration the roadblocks to participating in the government procurement process experienced by entrepreneurs who are relatively new and small as relayed during the hearings on the proposed “Tatak Pinoy” or Proudly Filipino bill.