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PHILIPPINE

GOVERNMENT

PROCUREMENT

GOVERNMENT PROCUREMENT REFORM ACT

Republic Act 9184

An act providing for the modernization, standardization and

regulation of the procurement activities of the government and for other purposes

ACRONYMS

GOP

Government of the Philippines

SUCs

State Universities and Colleges

GFIs

Government Financial Institutions

GOCCs

Government Owned and/or Controlled Corporations

LGUs

Local Government Units

DEFINITION OF TERMS

Approved Budget for the Contract (ABC)

Refers to the budget for the contract duly approved by the Head of the

Procuring Entity, as provided for in the General Appropriations Act and/or

continuing appropriations

BAC

Bids and Awards Committee

Bid

Refers to a signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the Bidding Documents

DEFINITION OF TERMS

Bidder

Refers to an eligible contractor, manufacturer, supplier, distributor and/or

consultant competing for the award of a contract in any procurement by the

GOP

Bidding Documents

Refers to the documents issued by the Procuring Entity as the basis for Bids,

furnishing all information necessary for a prospective bidder to prepare a bid

for the Goods, Infrastructure projects and Consulting Services to be provided

DEFINITION OF TERMS

Blacklisting

An administrative penalty disqualifying a person or an entity from

participating in any government procurement for a given period

Common - Use Supplies

Refers to those goods, materials and equipment that are used in the day to day operations of the Procuring Entities in the performance of their functions

DEFINITION OF TERMS

Competitive Bidding

Refers to a method of procurement which is open to participation by any

interested party and which consists of the following processes:

Advertisement

Pre Bid conference

Eligibility screening or prospective bidders

Receipt and opening of bids

Evaluation of bids

Post qualification

Award of contract

DEFINITION OF TERMS

Consulting Services

Refers to the services for Infrastructure Projects and other types of projects

or activities of the Government requiring adequate external technical and

professional expertise that are beyond the capability and/or capacity of the government such as, but not limited to:

Advisory and review services

Pre investment or feasibility studies

Design

Construction supervision

Management and related services

Other technical services or special studies

DEFINITION OF TERMS

Domestic Bidders

Refers to any person or entity offering unmanufactured articles, materials, or

supplies of the growth or production of the Philippines, or manufactured

articles, materials or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials or supplies of the growth, production or manufacture, as the case may be, of the Philippines

DEFINITION OF TERMS

Domestic Entity

Refers to an individual or sole proprietor who is a citizen of the Philippines or

a partnership, corporation, cooperative or association duly organized under

the laws of the Philippines ad of which at least 75% of the interest or outstanding capital stocks belong to citizens of the Philippines, habitually established in business and habitually engaged in the manufacture or sale of

merchandise covered by his bid, and the business has been in existence for at least 5 consecutive years prior to the advertisement and/or posting of the

Invitation to Bid

DEFINITION OF TERMS

Executive Agreements

International agreement except that they do not require legislative

ratification

Expandable Supplies

Refers to articles which are normally consumed in use within 1 year or converted in the process of manufacture or construction or those having a life expectancy of more than 1 year but which shall have decreased

substantially in value after being put to use for only 1 year (medicines,

stationery, fuel, spare parts)

DEFINITION OF TERMS

Foreign Bid

Refers to any offer of articles, materials or supplies not manufactured or not

to be manufactured in the Philippines, substantially from articles, materials

or supplies of the growth, production or manufacture, as the case ma be, of the Philippines

Foreign Funded Procurement

Refers to the acquisition of goods, consulting services, and the contracting

for infrastructure projects by the GOP which are wholly or partly funded by

Foreign Loans or Grants pursuant to Treaty or International or Executive Agreement

DEFINITION OF TERMS

Foreign Grants

Refers to grants with no repayment obligations and are provided in monetary

form, goods, works and consultancy services, among others

Foreign Loans

Refers to loans, credits, indebtedness with private foreign banks or with foreign governments, agencies, or instrumentalities of such foreign governments, foreign financial institutions or other international organization

DEFINITION OF TERMS

G-EPS

Refers to the Government Electronic Procurement System

Goods

Refers to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the translation of public businesses or in the pursuit of any government undertaking, project or activity

DEFINITION OF TERMS

GPPB

Refers to the Government Procurement Policy Board

Head of the Procuring Entity

Head of the agency or his duly authorized official (for national government agencies)

The governing board or its duly authorized official (for government owned and/or controlled corporations)

The local chief executive (for LGU’s)

Infrastructure Projects

Include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, etc.

DEFINITION OF TERMS

IRR

Refers to the Implementing Rules and Regulation of this Act

Portal

Refers to the website that aggregates a wide variety of content for the purpose of attracting a large number of users

Procurement

Refers to the acquisition of Goods, Consulting Services and the contracting

for Infrastructure Projects by the Procuring Entity

DEFINITION OF TERMS

International Agreement

Refers to a contract or understanding, regardless of nomenclature, entered

into between the GOP and other government or foreign or international

financing institution in written form and governed by international law

Non expandable Supplies

Refers to articles which are not consumed in use and ordinarily retain their

original identity during the period of use, whose serviceable life is more than

1 year and which add to the assets of the GOP

DEFINITION OF TERMS

Procuring Entity

Refers to any branch, department, office, agency or instrumentality of the

government, including SUCs, GOCCs, GFIs and LGUs procuring Goods,

consulting Services and Infrastructure Projects

DEFINITION OF TERMS

Suspension

The administrative penalty imposed for infractions committed by a

contractor during the competitive bidding stage, whereby such contractor is

prohibited from further participation in the bidding process of an agency

ALTERNATIVE METHODS OF PROCUREMENT

Subject to the prior approval of the Head of the Procuring Entity in order to promote economy and efficiency

Limited Source Bidding

Direct Contracting

Repeat Order

Shopping

Negotiated Procurement

LIMITED SOURCE BIDDING

Also known as selective bidding

Method of procurement that involves direct invitation to bid by the

Procuring Entity from a set of pre selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract

DIRECT CONTRACTING

Also known as Single Source Procurement

A method of procurement that does not require elaborate bidding

documents because the supplier is simply asked to submit a price quotation or a pro forma invoice together with the condition of sale, which offer may be accepted immediately or after some negotiation

REPEAT ORDER

Method of procurement that involves a direct procurement of goods from the previous winning bidder, whenever there is a need to

replenish goods procured under a contract previously awarded

through a competitive bidding

Unit price equal or less than the provided original contract

Shall not exceed 25% of the quantity of each item of the original contract

SHOPPING

Method of procurement whereby the Procuring Entity simply

requests for submission of price quotations for readily available off

the shelf Goods or ordinary / regular equipment to be procured

directly from suppliers of known qualification

NEGOTIATED PROCUREMENT

Method of procurement that may be resorted under the extraordinary circumstances and instances, whereby the Procuring

Entity directly negotiates a contract with a technically, legally and

financially capable supplier, contractor or consultant

2 failed biddings

Imminent danger to life or property during a state of calamity

BIDDING

Bid Security shall be in an amount equal to a percentage of the ABC

Cash / Manager’s Check issued by the Universal or Commercial Bank = 2%

Bank Draft or Bank Guarantee or Irrevocable letter of credit issued by

Universal or Commercial Bank = 2%

Surety Bond callable upon demand issue by a surety or insurance company duly certified by the Insurance Commission = 5%

BIDDING

BID VALIDITY

Bids and bid securities shall be valid for a reasonable period, but in no case

shall the period exceed 120 calendar days from the opening of bids.

BID EVALUATION

Lowest Calculated Bid

Highest Rated Bid

POST QUALIFICATION

Declaration to award the contract if the prospective bidder passed all the qualifications

Failure to qualify, the next lowest calculated bid will be processed.

FAILURE OF BIDDING

No bids are received

All prospective bidders are declared ineligible

All bids fail to comply with all the bid requirements or fail post qualification or no successful negotiation

The bidder with the Lowest Calculated Bid / Highest Rated

Responsive Bid refuses, without justifiable cause, to accept the award

of contract, and no award is made

AWARD AND IMPLEMENTATION

Contract Award

Contract Signing

Contract Approval

Notice to Proceed

PERFORMANCE SECURITY

To guarantee the faithful performance by the winning bidder of its obligation under the contract in accordance with the Bidding

Documents, it shall post a performance security prior to the signing

of contract

PERFORMANCE SECURITY

Cash or Manager’s Check issued by issued by the Universal or Commercial Bank

Goods & Consulting Services = 5% of Contract Price

Infrastructure Projects = 10% of Contract Price

Bank Draft or Bank Guarantee or Irrevocable letter of credit issued by Universal or Commercial Bank

Goods & Consulting Services = 5% of Contract Price

Infrastructure Projects = 10% of Contract Price

Surety Bond callable upon demand issue by a surety or insurance company duly certified by the Insurance Commission = 30% of contract price

WARRANTY

Warranty against Structural Defects and Failures shall cover the

following periods from final acceptance, except those occasioned by

force majeure:

Permanent Structures (15 years)

Semi Permanent Structures (5 years)

Other Structures (2 years)

PERMANENT STRUCTURES

Buildings of Types 4 and 5 classified under the National Building Code of the Philippines and other structures made of steel, iron or

concrete which comply with relevant structural codes

Bridges

Flyovers

Aircraft movement areas

Ports

Dams

Tunnels

Etc.

SEMI PERMANENT STRUCTURES

Buildings of Types 1, 2 and 3 of the National Building Code of the Philippines

Concrete / Asphalt Roads

Concrete River Control

Drainage, Irrigation Lined Canals

Deep Wells

Etc.

OTHER STRUCTURES

Bailey and wooden bridges

Shallow wells

Spring development

Other similar structures