Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
OUTLINE
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JSDFAND
SCOPE PROJECT
COVERAGE
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SCOPE AND COVERAGE
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SCOPE AND COVERAGE
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SCOPE AND COVERAGE
EXCEPT:
1. Procurement for goods, infrastructure projects, and consulting
services funded from Foreign Grants covered by R.A. 8182, as
amended by R.A. 8555, entitled An Act Excluding Official
Development Assistance (ODA) from the Foreign Debt Limit in
order to Facilitate the Absorption and Optimize the Utilization of
ODA Resources, Amending for the Purpose Paragraph 1, Section 2
of Republic Act No. 4860, as amended, unless the GOP and the
foreign grantor/foreign or international financing institution agree
otherwise;
2. Acquisition of real property which shall be governed by R.A. 8974,
as amended by RA 10752 entitled An Act to Facilitate the
Acquisition of Right-of-Way Site or Location for National
Government Infrastructure Projects and for Other Purposes, and
other applicable laws;
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SCOPE AND COVERAGE
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SCOPE AND COVERAGE
NPM 50-2013
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SCOPE AND COVERAGE
Leasing Out of Government Properties for Private Use
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What is PROCUREMENT?
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GOODS
Refer to:
All items, supplies and materials
Including general support services
Needed in the transaction of public businesses or in the
pursuit of any government undertaking, project or activity
Whether in the nature of equipment, furniture, stationery,
materials or construction, personal property, including non-
personal or contractual services, such as:
1. repair and maintenance of equipment and furniture
2. trucking, hauling, janitorial and security and other related
and analogous services.
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CONSULTING SERVICES
NPM 11-2013
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PRINCIPLES OF PUBLIC
PROCUREMENT
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Public Procurement Principles
Transparency
Efficiency Streamlined Procurement Process
Equity Fairness
Competition
Accountability
Public Monitoring
Economy Value for Money
(TEE-CAPE)
5 Rights in Public Procurement
Value for Money
Source
Time/
Delivery Quantity
Procurement
Price Quality
PROCUREMENT METHODS
AND PROCEDURES
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PROCUREMENT METHODS
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PROCUREMENT METHODS
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BIDDING PROCESS FOR
GOODS & INFRA PROJECTS
Advertisement
Pre-
and/or Pre-Bid
Procurement
Conference Posting Conference
Opening of
Bid Opening of
Technical Proposal
Submission Financial Proposal
(incl. eligibility docs)
Contract
Bid Evaluation Post-qualification Award
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BIDDING PROCESS FOR
CONSULTING SERVICES
Advertisement
Pre-
and/or Eligibility and
Procurement
Conference Posting Shortlisting
Opening of
Pre-Bid Bid Bids
Conference Submission (QBE or QCBE)
Post-qualification Contract
Bid Evaluation
Award
(QBE or QCBE)
Negotiation
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PROCUREMENT
ORGANIZATIONS
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2016 Revised IRR of RA 9184
The GPPB and its TSO:
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2016 Revised IRR of RA 9184
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2016 Revised IRR of RA 9184
On Declaring Failure of Bidding
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HEAD OF PROCURING ENTITY (HOPE)
Refers to:
Head of the agency or body, or his duly authorized
official, for NGAs and the constitutional commissions or
offices, and other branches of government;
Governing Board or its duly authorized official, for
GOCCs, GFIs and SUCs; or
Local Chief Executive, for LGUs
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HEAD OF PROCURING ENTITY (HOPE)
4. Resolves Protests
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE (BAC)
1. Regular Members:
Chairperson (3rd Ranking Permanent Official);
Member representing the Legal or Administrative
areas (5th Ranking Permanent Personnel); or if not
available, an officer of the next lower rank;
Member representing the Finance Area (5th Ranking
Permanent Personnel); or if not available, an officer
of the next lower rank;
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BIDS AND AWARDS COMMITTEE (BAC)
2. Provisional Members
Officer possessing Technical expertise relevant to the
procurement.
End user unit Representative. In case of procurement
outsourcing, a representative from the Procuring Entity
may be designated as a provisional member
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE
(BAC)
The BAC members shall elect among themselves who shall
act as the Chairman and Vice-Chairman.
QUALIFICATIONS:
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Procurement Organizations:
LGU BAC
BAC Composition in Local Government Units (LGUs)
The LCE was given the discretion to designate the members of the
BAC for the period of one (1) year, and to extend the terms of office
of BAC Members granting that the extension will be most desirable
and advantageous for the PE.
NPM 36-2014
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ALTERNATE BAC MEMBERS
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BIDS AND AWARDS COMMITTEE (BAC)
TERMS OF MEMBERSHIP:
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BIDS AND AWARDS COMMITTEE (BAC)
TERMS OF MEMBERSHIP:
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PROHIBITED BAC MEMBERS
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BAC SECRETARIAT
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BAC SECRETARIAT
FUNCTIONS:
Provide administrative support to the BAC and TWG
Organize BAC and TWG meetings and conferences
Take custody of procurement documents and other
records
Manage the sale and distribution of bidding documents
Advertise/post bidding opportunities, including Bidding
Documents, and notices of awards
Assist in managing the procurement process
Monitor procurement activities and milestones
Consolidate PPMPs
Act as central channel of communications
Prepare minutes of meetings and resolutions of the BAC
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TECHNICAL WORKING GROUP (TWG)
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TECHNICAL WORKING GROUP (TWG)
FUNCTIONS:
Assist BAC in the following activities:
Eligibility screening
Bid evaluation
Post-qualification
Review of the Technical Specifications, Scope of Work, and
Terms of Reference
Review of Bidding Documents
Shortlisting of consultants
Resolution of Request for Reconsideration
(Sec. 12.1, 2016 IRR of RA 9184)
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OBSERVERS
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OBSERVERS
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OBSERVERS
RESPONSIBILITIES:
1. Prepare report (jointly or separately) indicating their
observations on the procurement activities
2. Submit report to the PE and furnish a copy to the GPPB
and the Office of the Ombudsman/Resident
Ombudsman.
3. Immediately inhibit and notify in writing the PE of any
actual or potential conflict of interest
If no report is submitted by the observer within seven (7)
calendar days after each procurement activity, then it is
presumed that the bidding activity conducted by the BAC
followed the correct procedure
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GRANT OF HONORARIA
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GUIDELINES ON THE GRANT
OF HONORARIA
DBM Budget Circular No. 2004-5A, dated 7 October
2005, as amended by DBM Budget Circular No. 2007-3,
dated 29 November 2007.
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GUIDELINES ON THE GRANT
OF HONORARIA
BAC Secretariat performing attendant functions in
addition to their regular duties and functions may be
paid honoraria at the same rate as the TWG Chair and
Members
Those who are receiving honoraria shall no longer be
entitled to overtime pay for procurement-related
services rendered.
Payment of overtime services may be allowed for the
administrative staff, (clerks, messengers and drivers
supporting the BAC, the TWG and the Secretariat), for
procurement activities rendered in excess of official
working hours.
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FUNDING SOURCE
Collections from successfully completed procurement
projects, limited to activities prior to the awarding of
contracts to winning bidders:
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CEILING FOR HONORARIA
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THE 2016 REVISED IRR
(SALIENT FEATURES)
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Free Trade Mandates adherence to RA 9184 Provide
Negotiations or selection through competitive guidance and
bidding. Otherwise, negotiating directive in
panel shall ensure that the negotiations
reasons for the adoption of a for
international
different rule or method of
agreements
procurement are clearly reflected and executive
in the records of discussion. (Sec. agreements
4.3) (i.e. FTA)
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Varying Enumerated activities that are not Clarification on
interpretations considered as procurement the
on what are undertakings under RA 9184 and its applicability of
covered by RA IRR: RA 9184 and
9184
its IRR
1. Direct financial or material
assistance to beneficiaries
2. Participation to scholarships,
trainings, continuing education etc.
3. Lease of govt property for private
use
4. Job order workers
5. Joint Venture Agreements between
Private Entities and GOCCs or LGUs
6. Disposal of property and assets
(Sec. 4.5)
66
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Poor a. MYOA for Multi-year projects Improved
planning; (Sec. 5(b), 7.6); linkage of
Delay in budget to
budget b. Preparation of Indicative APP procurement;
approval; upon issuance of budget call or Efficiency in
Delay in similar document (7.3) procurement;
procurement Improved
Under- c. Undertaking Procurement Short monitoring;
spending of Award (7.6) Avoid splitting
d. Require submission of APP and of contracts
changes thereto to GPPB (7.4)
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Lack of Allows designation of an officer of the Increases the
members to next lower rank, in case of pool from
constitute unavailability of 5th ranking which HOPE
BAC permanent official (except for BAC select its BAC
Chairperson) (Sec. 11.2.2) members
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Lack of full- Allows designation of an officer of Fast-track
time BAC Sec the next lower rank, in case of procurement
members to unavailability of 5th ranking
support the permanent official
BAC in every
procurement
In case of ad hoc BAC Secretariat,
activity
the HOPE shall assign full-time
support staff in its BAC Secretariat
(Sec. 14.2)
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Role of Duties of TWG: Avoids
TWG pinpointing of
1.) Review of the Technical responsibilities
Specifications, Scope of Work, and
Terms of Reference;
2.) Review of Bidding Documents;
3.) Shortlisting of Consultants;
4.) Eligibility Screening;
5.) Evaluation of Bids;
6.) Post-Qualification; and
7.) Resolution of Request for
Reconsideration (12.1)
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Lack of The HoPE shall ensure that the BAC, Procurement
training of its Secretariat and TWG members, Professionali-
HOPE, BAC, including other relevant zation
Secretariat procurement personnel are sent to
and TWG attend procurement training or
capacity development program.
73
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Difficulty inReference to brand names is Ensure
preparing allowed for items or parts that are compatibility,
technical compatible with the existing fleet or performance,
specifications
equipment of the same make and functionality
brand and will maintain the and useful life
Reference to of the
performance, functionality and
Brand Names equipment.
useful life of the equipment.
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Poor Quality Requirement on detailed Quality of
of Works engineering is emphasized. (17.6) Goods for the
lowest prices
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Newspaper a. Increase thresholds for Reduce
advertisement advertisement requirement government
cost for
newspaper
b. 2 years sunset clause on advertisements
advertisement requirement (Sec.
21.2.1)
Low a. Allow conduct of pre-bid via Clarifies
participation video-conferencing, webcasting procurement
of bidders in requirements;
pre-bid Reduce
b. Allow all prospective bidders disqualification;
(even those who did not buy bid Increase
docs) to raise queries (Sec. 22) competition
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Disqualification a. Mandatory registration under Easier
of Bidders/ Platinum Membership (Sec. 8.5.2, eligibility
Failure of 25.2) check
Biddings due
to
b. Mayors permit: Reduce
documentary
requirements - Allows submission of recently expired disqualification
mayors permit with official receipt of of bidders/
Low turn-out application for renewal of permit failure of
of bidders biddings
- Allows equivalent document for
Increase
economic zones (Sec. 23.1(a)(ii),
24.1(a)(ii))
competition
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Disqualification d. For goods and infrastructure projects, Easier
of fixing the NFCCs K factor at 15, eligibility
Bidders/Failure regardless of contract duration (Sec. check
of Biddings 23.4.1.4, 23.4.2.7)
due to
documentary Reduce
requirements e. For individual consultants not disqualification
registered as sole proprietors, they can of bidders/
Low turn-out submit BIR Certificate of Registration failure of
of bidders instead of DTI and Mayors Permit (Sec. biddings
24.1(a)(ii)) Increase
competition
f. In consulting services, submission of
foreign bidders SEC Certificate of
Registration and/or PRC permit is
moved from eligibility to contract award
(Sec. 37.1.4(a)(iv))
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Strict rules on Bid envelopes that are not properly Reduce
marking/ sealed and marked, as required in the disqualification
sealing of bids bidding documents, shall be accepted, of bidders
provided that the bidder or its duly
authorized representative shall
acknowledge such condition of the bid
as submitted. The BAC shall assume no
responsibility for the misplacement of
the contents of the improperly sealed or
marked bid, or for its premature
opening(Sec. 25.9)
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Bid Rigging/ a. BAC Secretariat shall notify in Ensure
Simulation of writing all bidders whose bids it transparency
bids; has received through its PhilGEPS- and accurate
registered physical address or representation
official e-mail address (25.7) of the bid
submission
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Procurement a. Exempts the bidder from the mandatory Encourage
by Foreign PhilGEPS Certificate of Registration (Sec. participation
Service Posts 25.2) of foreign
b. Winning bidder shall be required to bidders in the
register (Registration Number only) prior procurement
to contract signing. (Section 37.1.4(a)(ii) by FSPs
81
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Technical Strengthen post-qualification process: Ensures
capability of a. For Goods, BAC shall check: technical
suppliers and capability of
1. Delay in the partial delivery of goods
contractors bidders from
amounting to ten percent (10%) of the
their past or
contract price in its ongoing contracts;
on-going
2. Bidders failure to deliver within the contracts
period(s) specified in the contract or
within any extension thereof and such
failure amounts to at least ten percent
(10%) of the contract price; or
3. Unsatisfactory performance of the
suppliers obligations as per contract
terms and conditions at the time of
inspection (Sec. 34.3(b)(iii))
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Technical b. For Infrastructure Projects, BAC shall Ensures
capability of check: technical
suppliers and 1. Negative slippage of at least 15% in capability of
contractors any one project or a negative slippage bidders from
of at least 10% in each of 2 or more their past or
contracts; on-going
contracts
2. Failure of the contractor to
commence repair works on ongoing
contracts in accordance with Section
34.3
3. Failure of the contractor to
commence repair works on contracts
with pending certificates of acceptance
in accordance with Sec. 34.3
4. Substandard quality of work or
unsatisfactory performance at the time
of inspection. 83
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Period of a. Re-scheduling of bid opening BAC/HOPE is
Action per (due to justifiable reasons, i.e given a
procurement lack of quorum, cancellation of standardized
activity office work due to bad weather): time to
determine the
-reschedule on the next working day of eligibility and
at the soonest possible time (Sec. 29) capability of
bidders
b. Standardize/adjusted period of
action:
84
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Period of Post-qualification: BAC/HOPE is
Action per May be conducted up to 12 calendar given more
procurement days, or up to 45 calendar days in time to
activity exceptional cases for goods & determine the
infrastructure projects, or up to 30 eligibility and
calendar days for consulting services. capability of
bidders
In case of post-disqualification of the
LCB/HRB, the BAC is given a fresh
period to post-qualify the next
LCB/HRB. (Sec. 34.8)
86
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Procurement Removed Procurement Agent as an Clarified that
Agent alternative modality. However, PE may
Procurement
still outsource their procurement
Agent is not a
activities by: method of
a) Requesting other GoP agencies to procurement.
undertake such procurement for
them
b) Engaging private procurement
agents in accordance with GPPB
Guidelines
c) Recruiting or engaging consultants to
assist them directly and/or train their
staff (Sec. 7.3.3)
87
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Difficulty in New Alternative Modality: Efficiency in
procuring the procurement
following: considering
-Media
Section 53.6 Scientific, that only 1
services;
-Scientific, supplier/contr
Scholarly or Artistic Work, actor could
academic
references, Exclusive Technology and provide the
works Media Services. needs of the
- life-saving PE
equipment
-Legal services
-Artistic works
- Infra projects
with exclusive
technology
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2016 Revised IRR of RA 9184
Issue/s Revision Impact
Engaging the Expanded the coverage of Section 53.13, To better
services of to include IOs and IFIs for the following facilitate the
International procurement: engagement
Organizations a. small quantities of off-the-shelf goods, of the services
or primarily in the fields of education and UN agencies,
International health; IOs and IFIs.
Financial
Institutions b. specialized products where the number
of suppliers is limited, such as but not
limited to vaccines or drugs;
c. Goods, Infrastructure Projects and
Consulting Services, involving advanced
technologies, techniques and innovations
not locally available as certified by the
HoPE, when it is most advantageous to the
government. (Sec. 53.13)
89
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Posting a. 3-day posting shall be required for Standardize
Requirements the following modalities: AMP rules
for Alternative
1. Limited Source Bidding;
Methods of
Procurement 2. Shopping under Section 52.1
above P50K
3. Two Failed Biddings
4. Small Value Procurement
5. NGO Participation (Sec. 54.2)
90
2016 Revised IRR of RA 9184
Issue/s Revision Impact
PhilGEPS PhilGEPS Registration Number, as a Standardize
Registration condition for award on the following AMP rules
Requirement modalities:
s for 1. Direct Contracting
Alternative 2. Shopping under Sec. 52.1(b)
Methods of
Procurement 3. Take over of contracts (new bidders)
4. Scientific, Scholarly, Artistic Works etc.
5. Highly Technical Consultants
6. Small Value Procurement
7. Lease of Real Property and Venue
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Annex H of the 2016 Revised IRR
Issue/s Revision
25% 25% threshold requirement is removed, provided that
threshold the servicing agency has the mandate and absorptive
requirement capacity to undertake the project
for Agency to
Agency
procurement
Procurement Negotiated Procurement under Section 53.10 on lease
of Public- of real property and venue for public-use cover both
owned real publicly-owned and privately-owned.
property/ven
ue for public
use
Thresholds Doubled the thresholds for all PEs, except for Barangays
for SH & SVP (maintained at P50,000)
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