RMO No. 36-2022: Prescribes the guidelines and procedures on the acceptance of Information and Communications Technology (ICT) Systems/solutions to be donated by a third party developer/provider to the BIR

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Summary

RMO No. 36-2022 sets the steps for the BIR to accept Information and Communications Technology (ICT) systems donated by a Third Party Developer (TPD) or provider.

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Key points

  1. Letter of Intent and proposal. The TPD sends a signed Letter of Intent to the Commissioner, stating it will develop a system at no cost to the BIR. A Technical Proposal with the statement of work goes with it.
  2. Documents before work starts. The TPD submits a draft MOA or MOU stating the system and its components are donated to the BIR, a signed Non-Disclosure Agreement, and a signed Acceptable Use Policy.
  3. Evaluation and privacy review. The Process Owner works with the Information Systems Group Project Manager to check functional and technical requirements. The PIA Team of the BIR Data Privacy Committee conducts a Privacy Impact Assessment at the start of the project.
  4. Development limits and testing. Development may not exceed one (1) year, and missing the agreed target date is a ground to terminate or suspend the MOA or MOU. The system goes through acceptance testing under RMO No. 24-2003 and migration under ISG Memorandum Order No. 2-2016.
  5. Ownership and donation. The TPD hands over all system and technical documentation, including source code, and these become BIR property. A separate Deed of Donation follows the procedures of RMO No. 15-2020.
  6. Budget and closure. The Process Owner or ISG Project Manager includes the budget for other components, such as server, licenses and maintenance, in the Project Procurement Management Plan. A Project Closure Report is filed under ISG Memorandum Order No. 1-2022.

Who is affected

  • Third Party Developers or providers donating ICT systems to the BIR

Deadlines and effectivity

  • Development or engagement duration: not more than one (1) year

Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.

Copies of BIR issuances are hosted here for reference. For the official version, check bir.gov.ph. Summaries by Tax Resources PH are not a substitute for the full text or professional advice.