Introduction

In the realm of Philippine government procurement, efficiency and transparency are paramount. The Omnibus Sworn Statement (OSS) serves as a critical instrument in achieving these goals by consolidating multiple declarations and certifications into a single affidavit. This document is mandated for bidders participating in public procurement processes under the Philippine Government Electronic Procurement System (PhilGEPS) and related activities governed by Republic Act No. 9184, otherwise known as the Government Procurement Reform Act (GPRA). The OSS streamlines the bidding process by reducing paperwork, minimizing redundancies, and ensuring that bidders affirm their compliance with legal and ethical standards. Understanding the preparation, contents, and implications of the OSS is essential for suppliers, contractors, and consultants aiming to engage successfully with government entities.

This article provides a comprehensive guide to the OSS, covering its legal foundations, required elements, preparation procedures, submission requirements, and potential pitfalls. It is tailored to the Philippine context, drawing from established procurement laws and regulations to equip stakeholders with the knowledge needed to navigate this requirement effectively.

Legal Basis and Evolution of the OSS

The OSS finds its roots in Republic Act No. 9184, enacted in 2003, which reformed the government's procurement system to promote good governance, accountability, and competitiveness. Section 23 of RA 9184 and its Implementing Rules and Regulations (IRR), as amended, stipulate the eligibility requirements for bidders, including the submission of sworn statements.

The concept of an omnibus or consolidated sworn statement was formalized through resolutions issued by the Government Procurement Policy Board (GPPB), the body responsible for policy-making under the GPRA. Notably, GPPB Resolution No. 21-2013 introduced the standard OSS form to replace separate affidavits for various certifications, such as non-blacklisting, authenticity of documents, and compliance with obligations. Subsequent amendments, including those in response to evolving procurement needs (e.g., during the COVID-19 pandemic via GPPB Circulars), have refined its application, allowing electronic submissions and notarization in certain cases.

The OSS is integral to PhilGEPS, the centralized online portal for government procurement established under RA 9184. Bidders must register with PhilGEPS and submit the OSS as part of their eligibility documents for bidding, particularly in competitive bidding, alternative methods of procurement, and framework agreements.

Purpose and Scope of the OSS

The primary purpose of the OSS is to attest to the bidder's eligibility, integrity, and compliance with procurement laws. It covers a broad spectrum of declarations to prevent fraud, collusion, and non-performance. The OSS applies to all procurement modalities under RA 9184, including goods, infrastructure projects, and consulting services. It is required for both local and foreign bidders, though foreign entities may need to adapt certain declarations to their context while ensuring equivalence.

For PhilGEPS registration, the OSS is submitted during the application for a Platinum Membership Certificate, which is necessary for participating in bids exceeding certain thresholds. It also plays a role in post-qualification and contract awarding stages, where procuring entities verify the veracity of the statements.

Contents of the Omnibus Sworn Statement

The standard OSS form, as prescribed by the GPPB, includes a series of declarations that the bidder must affirm under oath. These are typically presented in a numbered list within the affidavit. Key elements include:

Authenticity and Completeness of Documents: The bidder declares that all submitted documents are true copies of originals and that no required documents have been omitted.
Non-Blacklisting: Affirmation that the bidder, its directors, officers, or controlling stockholders are not blacklisted by any government agency, including foreign governments or international financing institutions.
No Relation to Procuring Entity: Statement that the bidder is not related to the head of the procuring entity, members of the Bids and Awards Committee (BAC), Technical Working Group (TWG), BAC Secretariat, or the end-user unit by consanguinity or affinity up to the third civil degree.
No Conflict of Interest: Declaration of no direct or indirect interest in the procuring entity or any act that may impair impartiality.
Compliance with Obligations: Affirmation of fulfillment of responsibilities as a previous contractor or supplier, including timely delivery, compliance with specifications, and settlement of claims.
Disclosure of Relationships: If applicable, disclosure of any subcontracting arrangements or relationships with other parties involved in the procurement.
Adherence to Ethical Standards: Commitment to abide by ethical standards, including anti-corruption laws such as Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
Labor and Wage Compliance: Statement of compliance with labor laws, including payment of minimum wages, social security contributions, and safe working conditions.
Tax and Regulatory Compliance: Affirmation of payment of all taxes, duties, and licenses required by law.
No Collusion or Anti-Competitive Practices: Declaration that the bidder has not engaged in collusion, bid rigging, or any practice that restricts competition.
Authority to Bind: Confirmation that the signatory is duly authorized to bind the bidder.
Other Relevant Declarations: Depending on the procurement type, additional statements may include compliance with environmental laws, intellectual property rights, or specific sector regulations (e.g., for IT procurements, data privacy under Republic Act No. 10173).

The form concludes with a jurat or acknowledgment, where the bidder swears to the truthfulness of the statements before a notary public.

Format and Template Requirements

The GPPB provides a standard template for the OSS, available on the PhilGEPS website or in the Philippine Bidding Documents (PBDs). It must be printed on legal-sized paper (8.5 x 14 inches) or A4, using a clear font such as Arial or Times New Roman, size 12. The document should be single-spaced, with margins of at least 1 inch on all sides.

Customization is limited; bidders may add declarations if required by the procuring entity but cannot remove standard ones. For joint ventures, each partner must submit a separate OSS, or a combined one if authorized. Electronic versions are acceptable for e-procurement, provided they are digitally signed or notarized electronically per Republic Act No. 8792 (Electronic Commerce Act) and relevant guidelines.

Step-by-Step Guide to Preparing the OSS

Preparing the OSS involves careful review and execution to avoid disqualification. Follow these steps:

Obtain the Template: Download the latest OSS form from the PhilGEPS portal or the procuring entity's bidding documents. Ensure it matches the version specified in the Invitation to Bid (ITB) or Request for Quotation (RFQ).
Gather Information: Review all declarations to confirm accuracy. Collect supporting evidence internally, such as board resolutions for authorization, tax clearance certificates, and records of past contracts.
Fill Out the Form: Insert the bidder's details, including name, address, and Taxpayer Identification Number (TIN). Check each declaration; if any does not apply, note it accordingly (e.g., "Not Applicable" for no subcontracting). Use precise language to avoid ambiguity.
Sign the Document: The authorized representative must sign the OSS. For corporations, this is typically the president or a duly authorized officer, supported by a Secretary's Certificate or Board Resolution.
Notarization: Have the OSS notarized by a licensed notary public. The notary will administer the oath and affix their seal. In remote areas or during emergencies, alternative notarization methods (e.g., via webcam) may be allowed per Supreme Court rules.
Attach Supporting Documents if Required: While the OSS consolidates statements, some procurements may require annexes for verification.
Review for Completeness: Double-check for errors, inconsistencies, or omissions. Ensure the document is dated correctly, ideally on or near the submission date.
Make Copies: Prepare original and photocopies as specified in the bidding instructions.

Submission and Validity

The OSS is submitted as part of the eligibility envelope in two-envelope bidding systems or with the bid proposal in single-stage processes. For PhilGEPS registration, it is uploaded during the online application. The statement remains valid for the duration of the bid validity period, typically 120 calendar days from bid opening, unless extended.

Renewal is required for new bids or upon expiration of PhilGEPS certification. If circumstances change (e.g., a new blacklisting), an updated OSS must be submitted.

Common Mistakes and Best Practices

Common errors include incomplete declarations, unauthorized signatures, expired notarization, or false statements due to oversight. To avoid these:

Conduct internal audits before signing.
Use checklists from GPPB guidelines.
Train procurement teams on updates to RA 9184.
For foreign bidders, ensure translations are certified.
Retain records for potential audits by the Commission on Audit (COA).

Best practices also involve integrating OSS preparation into the bidder's compliance management system, ensuring alignment with ISO standards for quality management if applicable.

Consequences of Non-Compliance or False Statements

Submitting a defective or false OSS can lead to severe repercussions. Under Section 65 of RA 9184, bidders may face disqualification, blacklisting for up to two years, forfeiture of bid security, and civil or criminal liabilities. False swearing constitutes perjury under Article 183 of the Revised Penal Code, punishable by imprisonment. Administrative sanctions from the GPPB or Ombudsman may also apply, including suspension from PhilGEPS.

Procuring entities are empowered to verify OSS contents post-submission, and discrepancies can void contracts or trigger damages claims.

Recent Developments and Future Considerations

Amendments to the IRR of RA 9184, such as those in 2016 and beyond, have emphasized digital transformation, allowing e-OSS submissions via PhilGEPS. The shift towards sustainable procurement (GPPB Resolution No. 13-2018) may incorporate green declarations in future OSS forms. Stakeholders should monitor GPPB issuances for updates, especially in light of ongoing reforms to enhance e-governance.

Conclusion

The Omnibus Sworn Statement is a cornerstone of integrity in Philippine government procurement, embodying the principles of transparency and accountability enshrined in RA 9184. By meticulously preparing and submitting the OSS, bidders not only comply with legal requirements but also contribute to a fair and efficient procurement ecosystem. Mastery of this process is indispensable for successful participation in PhilGEPS and public tenders, ultimately fostering trust between the government and the private sector. For specific procurements, always refer to the latest bidding documents and consult legal experts if needed.