Omnibus Sworn Statement (Philippines)

An Omnibus Sworn Statement in the Philippines provides a formal sworn account of the facts it concerns, executed in the manner the law requires for it to be relied on.

The Omnibus Sworn Statement consolidates multiple eligibility and compliance certifications into a single notarized sworn document: the bidder's authorization to participate in the procurement, the signatory's authority to represent the bidder, the bidder's non-inclusion in any blacklist maintained by the GPPB or any procuring entity, absence of conflict of interest under Section 47.2 of the Revised IRR, compliance with anti-dumping and anti-competitive trade laws, and certification that all eligibility documents submitted are authentic and accurate. The consolidation of these certifications into one document under GPPB Resolution No. 09-2020 replaced the earlier requirement to submit multiple separate sworn statements.

The Omnibus Sworn Statement is required for all modes of procurement under RA 9184 that involve competitive bidding — public bidding (Section 10), limited source bidding (Section 49), direct contracting (Section 50), repeat order (Section 51), shopping (Section 52), and negotiated procurement (Section 53). For Alternative Methods of Procurement where an Omnibus Sworn Statement is required, the BAC (Bids and Awards Committee) of the procuring entity may waive certain certifications not applicable to the specific mode.

Falsification of the Omnibus Sworn Statement is a criminal offense under Article 183 of the Revised Penal Code (perjury) and may result in forfeiture of the bid security, disqualification from the current procurement, and blacklisting from all government procurement activities by the GPPB under Section 65.1 of the Revised IRR of RA 9184. The blacklisting period under GPPB Resolution No. 40-2017 ranges from 1 to 5 years depending on the nature of the offense.

For joint venture (JV) participants in government procurement, each JV partner must execute and submit a separate Omnibus Sworn Statement, as the certifications are personal to each juridical or natural person bidder under GPPB Circular No. 01-2020. For procurement covered by Official Development Assistance (ODA) — funded by the World Bank, ADB, JICA, or other multilateral lenders — the Omnibus Sworn Statement requirements may be supplemented by the lender's own integrity and anti-corruption certifications.

The legal framework governing the Omnibus Sworn Statement (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Omnibus Sworn Statement (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Local Government Code (RA 7160) sets the foundational requirements.

The Omnibus Sworn Statement in the Philippines is required for every bid submission in government procurement covered by Republic Act No. 9184.

An Omnibus Sworn Statement is required when a supplier, contractor, or consultant submits a bid in a public bidding proceeding initiated by any government procuring entity — national government agencies (NGAs), state universities and colleges (SUCs), government-owned or -controlled corporations (GOCCs), government financial institutions (GFIs), and local government units (LGUs) — under Section 10 of the Revised IRR of RA 9184.

An Omnibus Sworn Statement is required for infrastructure projects above the Small Value Procurement threshold (currently PHP 1,000,000 under Appendix B of the Revised IRR of RA 9184 for most NGAs), for goods procurement above the Shopping threshold (PHP 500,000), and for consulting services subject to public bidding requirements under Section 23 of the Revised IRR.

An Omnibus Sworn Statement is needed when a contractor submits a bid for a DPWH (Department of Public Works and Highways) infrastructure contract, a DepEd school building project, or a DOH hospital equipment procurement — all covered by RA 9184 regardless of funding source (General Appropriations Act, Special Purpose Fund, or ODA loan).

An Omnibus Sworn Statement is required for suppliers participating in the PhilGEPS (Philippine Government Electronic Procurement System) posted procurement — the Philippine government's centralized e-procurement portal under Executive Order No. 322 (2004) — as a standard bid component uploaded with the eligibility and technical documents.

An Omnibus Sworn Statement is needed when a small and medium enterprise (SME) participates in a DOST (Department of Science and Technology) technology transfer procurement or a DTI (Department of Trade and Industry) program procurement, as all government procurement regardless of the procuring agency is covered by RA 9184.

An Omnibus Sworn Statement is required for consulting firms submitting proposals in design competitions, feasibility studies, and project management contracts with the NEDA (National Economic and Development Authority) or regional development councils, where the procurement follows RA 9184 and the GPPB Guidelines on the Procurement of Consulting Services.

A valid Omnibus Sworn Statement for Philippine government procurement under GPPB Resolution No. 09-2020 must contain the following elements to be accepted by the Bids and Awards Committee (BAC).

Bidder Identification: Full legal name of the bidder (individual, sole proprietorship, partnership, corporation, cooperative, or joint venture), principal business address, and business registration numbers — DTI Certificate of Business Name Registration for sole proprietorships, SEC Certificate of Incorporation for corporations and partnerships, CDA Certificate of Registration for cooperatives. The registration numbers are verified by the BAC against the eligibility documents submitted.

Signatory's Authority: Full name and position of the authorized representative signing the statement, with express reference to the basis of authority — Board Resolution (for corporations under RA 11232), Secretary's Certificate, Partnership Resolution, or Special Power of Attorney (under Articles 1878-1879 of the Civil Code) authorizing the signatory to represent the bidder in the specific procurement and to execute the sworn statement on its behalf.

Certification of No Blacklisting: A sworn declaration that neither the bidder nor any of its officers, directors, and controlling shareholders has been blacklisted by the GPPB or any government procuring entity for violations of RA 9184, based on the GPPB consolidated blacklisting registry maintained under GPPB Resolution No. 40-2017. This is one of the most critical certifications, as blacklisted bidders are automatically disqualified.

Certification of No Conflict of Interest: Declaration that the bidder has no relationship with any official of the procuring entity or the BAC that creates an actual or potential conflict of interest under Section 47.2 of the Revised IRR of RA 9184. This includes disclosing family relationships (within the 4th civil degree of consanguinity or affinity) with BAC members, technical working group members, and approving authorities.

Certification of Document Authenticity: A sworn declaration that all eligibility documents submitted — financial statements, tax clearance from the BIR, PhilGEPS Certificate of Registration, PCAB license for contractors, or other required licenses and permits — are genuine, authentic, and accurate as of the date of submission. Submission of falsified documents is a criminal offense under Articles 171-172 of the Revised Penal Code.

Compliance Certifications: Additional certifications required by GPPB Resolution No. 09-2020: (a) compliance with labor laws and standards including the Labor Code (PD 442) and DOLE regulations; (b) compliance with anti-dumping and fair trade laws under the Tariff and Customs Code and RA 8752 (Anti-Dumping Act); (c) that the bid prices were independently determined without collusion under Section 65.1(b) of the Revised IRR, compliance with which is enforced by the Philippine Competition Commission (PCC) under RA 10667.

Notarization: The statement must be notarized by a Philippine notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), with the notary's name, commission number, PTR number, IBP number, MCLE compliance number, and notarial seal. The BAC will reject unnotarized Omnibus Sworn Statements as a ground for post-qualification disqualification under Section 34 of the Revised IRR of RA 9184. The forms-legal.com Omnibus Sworn Statement (Philippines) template covers the mandatory elements under Local Government Code (RA 7160).