FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE' 
Senate Bill No. 2670 
'11 
rIB -1 P4:17 
Introduced by Senator Edgardo J. Angara 
EXPLANATORY NOTE 
The national government and its component units continue to invest in 
Information and Communications Technology. (ICT) solutions, to increase its 
efficiency and make its services more accessible to citizens. Across its many 
ICT efforts, the government must procure solutions in a transparent, non-
discriminatory and merit-based manner based on solutions that best serve the 
requirements of the government. 
There is a debate as to whether or not the government should adopt a 
preference that will ultimately direct procurement of ICT solutions that conform 
to a particular mode of production or licensing model. Some government 
entities, lacking clear guidelines from the national government, have in fact 
announced their particular preference, 
Procurement policies which establish preferences based on particular 
types of software, technology standards, business models, or licensing models 
are harmful because: 1) they impose product uniformity and vendor lock-in; 2) 
discourage research and deVelopment (R&D); and 3) limit genuine user choice 
and prevent stakeholders from obtaining the' ICT solutions most suitable to 
their requirements. 
In today's fast-changing rCT landscape, providing 
technology choice and maintaining a heterogeneous eco-system of ICT 
solutions based on merits and needs remain" the most prudent approach to 
maintain competitiveness. 
In addition, by establishing arbitrary standards that lack rational fit 
between the capabilities of ICT solutions on on,e hand, and the requirements of 
government on the other, preferential procurement policies are invidiously 
discriminatory and may be per se illegal. 
This proposed measure therefore seeks to adopt a neutral policy in the 
government's selection and procurement of ICT solutions. Rather than adopting 
an arbitrary preference based on philosophical or political considerations, rCT 
solutions must be procured based on product quality, taking into consideration 
the government's current and future needs. Moreover, this bill reflects the 
principles endorsed by APEC economies, including the Philippines, under the 
APEC Technology Choice Pathfinder and the APEC Digital Prosperity Checklist. 
E~/o~RA 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
, 
Senate Bill No. 2'670 
'11 
FEB -1 
P 4 :17 
Introduced by Senator Edgardo J. Angara 
AN ACT 
REQUIRING 
TECHNOLOGICAL 
CHOICE 
IN 
THE 
GOVERNMENT'S 
PROCUREMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY 
STANDARDS AND SOLUTIONS 
Be it enabled by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
" 
SECTION 1. Short Title. - This Act shall be known as the "Information and 
Communications Technology Choice Act of 2011". 
SECTION 2. 
Declaration of Policy. -
Recognizing the importance of 
technology in national development and progress, do hereby declare a policy of 
the state to: 
2.1 recognize the indispensable role of the private sector, encourage 
private enterprise, and provide incentives to needed investments in accordance 
to Article II Section 20 of the Constitution; 
2.2 regulate the transfer and promote the choice of technology from all 
sources for the national benefit and encourage the widest participation of 
private groups, local governments and community-based organizations in the 
generation and utilization of technology, in accordance to Article XIV, Section 
12 of the Constitution; 
2.3 protect and secure intellectual property in accordance to Article XIV, 
Section 13 of the Constitution; 
2.4 procure, use, and promote Information and Communications 
Technology (ICT) solutions in a transparent, non-discriminatory and merit-
based manner based on solutions that best, serve the requirements of the 
government. 
SECTION3. Technological Choice in Procurement. - Notwithstanding any 
provision of law to the contrary, all procurement of the national government, its 
departments, bureaus, offices and agencies, including state universities and 
colleges, 
government-owned 
and! or -controlled 
corporations 
(GOCCs), 
government financial institutions (GFIs) and local government units (LGUs), 
shall be based on the quality of the ICT solution, which shall be based on 
reasonable, objective, criteria, including but not limited to: 
(a) Conformance to requirements or spec;ification; 
(b) Scalability; 
. 
(c) Reliability and fault-tolerance; 
(d) Extensibility; 


• 
(e) Maintainability; 
(f) Ease of use; 
(g) Security; 
(h) Extent and quality of support and documentation; 
(i) 
Overall cost of procuring the ICT solution and its administration over 
the life of the solution; and 
U) Availability of warranties and indemnities for intellectual property 
claims. 
No preference or disadvantage shall be given to any specific ICT solution based 
on its origin, method of production, business or licensing model. 
Furthermore, the government shall promote technology choice policies and 
regulations that will allow flexibility in the choice of technologies in order to 
ensure competition, maximize benefits for. governments, businesses and 
consumers. 
SECTION 4. Implementation. - Within eighteen (18) months after this Act 
takes effect, the Government Procurement Pdlicy Board (GPPB), shall, jointly 
with the Commission on Information and Communications Technology (CICT) 
and the Commission on Audit (COA), submit the implementing rules and 
regulations for this Act. 
SECTION 6. Repealing Clause. -
All other laws, presidential decrees, 
executive orders and rules and regulations, or parts thereof, inconsistent with 
the provisions of this Act are hereby repealed, modified, or amended 
accordingly. 
SECTION 7. Separability Clause. - If any section or provision of this Article is 
held unconstitutional or invalid, the validity of other sections herein shall not 
be affected hereby. 
SECTION 8. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved.