REVENUE MEMORANDUM ORDER NO. 36-2022 issued on September 15, 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 (TPD)/Provider to the BIR.
Interested TPD shall tender a signed Letter of Intent (LOI), addressed to the
Commissioner of Internal Revenue, Attention: The Deputy Commissioner of the
concerned Process Owner (PO), signifying his/her/its intention to develop a system at
no cost to the BIR.
The LOI shall include a Technical Proposal containing, among others, the
statement of work, including the following: a) Brief Introduction; b) Purpose/Objective; c)
Functional Scope; d) Technical Diagram; e) Technical Specifications/ Requirements (i.e.
hardware and software to be used, security components, etc.); and
f) Work Plan containing key activities and timelines. The LOI and the technical proposal
shall be assigned to the concerned PO by his/her respective Deputy Commissioner
(DCIR).
The PO shall coordinate with the concerned Information Systems Group Project
Manager (ISG PM) in evaluating the proposal to ensure that it meets relevant functional
and technical requirements of the Bureau, while addressing potential concerns on data
privacy, security, interoperability (if necessary), among others.
The following documents (attached as Annexes in the Order) shall be submitted
by the TPD prior to the start of his/her/its work/engagement:
a. Draft Memorandum of Agreement or Memorandum of Understanding (MOA or
MOU), which shall contain a statement that the application system/ solution
and its components shall be donated to the BIR.
b. Signed Non-Disclosure Agreement (NDA)
c. Signed Acceptable Use Policy (AUP)
A project team may be created through a Revenue Special Order, if necessary, to
oversee the project development and its implementation. The Privacy Impact Assessment
(PIA) Team of the BIR Data Privacy Committee shall conduct a PIA using the prescribed
template (Annex “E”) at the start of the project to ensure inclusion of privacy protection,
which may be considered throughout the development lifecycle of a system or program.
The application system development duration/engagement shall not exceed one
(1) year. Failure to deliver on the agreed target date is a ground to terminate/ suspend
the MOA or MOU. A progress report of the engagement shall be submitted by ISG PM to
concerned Assistant Commissioner (ACIR) and DCIR. All changes to the
agreed/approved scope and timelines shall be discussed and documented through a
Change Request.
A system walkthrough for the developed application shall be conducted prior to
acceptance testing. Likewise, briefing/demonstration of the new application system shall
be conducted prior to its implementation.
Application system/solution developed shall undergo acceptance testing following
the procedures per RMO No. 24-2003 (Revised Guidelines and Procedures for Testing
and Acceptance of In-house Developed and Outsourced Application System) to evaluate
conformance to business and technical standards of BIR.
Migration of new application system/solution shall be done following the
procedures prescribed in ISG Memorandum Order No. 2-2016 (Processing and
Implementation of Migration Request).
The PO/ISG PM shall ensure that budget for the other components of the
system/solution (i.e. server, license/s, maintenance/sustainability), which are not covered
by the MOA or MOU, is included in the Project Procurement Management
Plan (PPMP) to sustain the application system/solution. Delivery/availability of all
resources required during development and testing shall be discussed with and agreed
upon by both BIR and TPD.
The technical infrastructure requirements of the project (i.e. server, network
requirements, etc.) shall be determined and discussed with the concerned ISG offices to
ensure availability and readiness once the developed system is implemented/rolled out.
Since this is a donation, the TPD shall submit all system/technical documentations
(i.e. source code, configuration, and other relevant documentations) to the BIR, and these
shall become the property of the BIR. The concerned PO/ISG PM shall ensure that the
final copies of project documentations are turned over to BIR.
A separate Deed of Donation (DOD) for the developed application system/solution
shall be submitted following the procedures in processing DOD per RMO No. 15-2020
(Updated Procedures in the Acceptance of Property Donations to the Bureau of Internal
Revenue Pursuant to Revenue Delegation Authority Order (RDAO) No. 4-2010, as
Amended by RDAO No. 4-2019 dated July 31, 2019).
A Project Closure Report shall be prepared and submitted by PO/ISG PM to the IT
Planning and Standards Division, Information Systems Development and Operations
Service in compliance with ISG Memorandum Order No. 1-2022 (Amending ISG
Memorandum Order No. 2-2013 on the Preparation and Submission of Project Closure
Report).