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OUTLINE
I. General Overview of RA 9184 and its IRR
vHistorical Background
vGPPB and its Functions
vKey Features of RA 9184 and its IRR
vScope and Coverage
II. Definition of Terms
III. Principles of Public Procurement
IV. Procurement Methods and Procedures
V. Procurement Organizations
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AMERICAN LAWS
ON PROCUREMENT
CONTRACTS
American Practice of
NO CONTRACT
Public Bidding was INVITATION SHALL BE
TO BID
introduced in the ENTERED INTO
Philippines on 1900 WITHOUT PUBLIC
LOWEST
RESPONSIVE
BIDDER
BIDDING
PHILIPPINE PUBLIC
PROCUREMENT
4
1917 NEDA
GUIDELINES ON
ADMINISTRATIVE
PROCUREMENT
CODE OF THE
OF CONSULTING
PHILIPPINES
SERVICES
N
PD 1594 O N
MENT 62 O ENT
PROCURE 2
EO REM
WORKS
GOODS OF CIVIL OCU ODS
PR GO
LT ING OF
SU SER
CON VIC
ES
F RA
IN
PE BEFORE THE
ENACTMENT OF GPRA
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ENACTMENT OF GPRA
Implementing
Rules and
Government Procurement Reform
Regulations
Act
10 January 2003
Executive Orders
Implementing Rules and
Regulations (IRR) Part A
8 October2003
Memorandum
Circulars
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PROCUREMENT REFORMS
PROBLEMS REFORMS
• Confusion caused by • Enactment of the Government
fragmented legal system Procurement Reform Act
(GPRA)
• Inconsistent policies, rules, • Creation of the Government
and regulations due to lack Procurement Policy Board
of standards (GPPB)
• Use of PhilGEPS
• Lack of transparency (Philippine Government
Electronic Procurement
System)
• Lack of check and balance • Participation of civil society
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KEY FEATURES OF GPRA
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GPPB FUNCTIONS
Monitoring
Policy-Making
• Ensure the proper
• Amend Capacity implementation by
implementing rules & Development PEs of the Act, this
regulations of IRR and all other
procurement law • Establish a relevant rules and
(quasi-legislative
function) sustainable regulations on
training public
• Prepare generic
procurement
procurement manual program
and standard bidding • Review
forms effectiveness of
procurement law
• Protect national interest in all matters affecting public procurement,
having due regard to the country’s regional and international obligations
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GPPB WEBSITE
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PHILGEPS REGISTRATION
Sec. 8.5.2 All bidders shall upload and maintain in PhilGEPS a current
and updated file of the following Class “A” eligibility documents under
Sections 23.1(a) and 24.1(a):
a) Registration Certificate;
b) Mayor’s/Business Permit or its Equivalent Document;
c) Tax Clearance;
d) Philippine Contractors Accreditation Board (PCAB) license and
registration; and
e) Audited Financial Statements.
1. National Government Agencies (NGAs)
2. State Universities and Colleges (SUCs)
3. Government Owned or Controlled Corporations
(GOCCs)
4. Government Financial Institutions (GFIs)
5. Local Government Units (LGUs)
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SCOPE AND COVERAGE
1. Goods and Services
2. Infrastructure Projects
3. Consulting Services
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SCOPE AND COVERAGE
v All fully domestically-funded procurement activities
v As may be agreed upon by the GOP and IFI in their
treaty or int’l/executive agreement
• Projects funded from foreign grants
• Projects for International Competitive Bidding
• Consulting Services for National Competitive
Bidding
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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
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What is PROCUREMENT?
Procurement refers to the acquisition of goods, consulting
services, and the contracting for infrastructure projects by
procuring entity.
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GOODS
Refer to:
v All items, supplies and materials
v Including general support services
v Needed in the transaction of public businesses or in the
pursuit of any government undertaking, project or activity
v 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.
Except: Infrastructure projects and consulting services
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INFRASTRUCTURE PROJECTS
Refer to:
v construction, improvement, demolition, rehabilitation, repair,
restoration or maintenance of civil works components of :
1. IT projects
2. irrigation
3. flood control and drainage
4. water supply
5. sanitation, sewerage and solid waste management
6. national buildings, hospital buildings, and other related
constructions projects of the Government.
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CONSULTING SERVICES
1. advisory and review services;
2. pre-investment or feasibility studies;
3. design;
4. construction supervision;
5. management and related services; and
6. other technical services or special studies.
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MIXED PROCUREMENT
v Determination shall be made by the procuring entity.
NPM 11-2013
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PRINCIPLES OF PUBLIC
PROCUREMENT
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GOVERNING PRINCIPLES
P ublic Monitoring
Awareness and vigilance
A ccountability
Responsibility over actions/decisions (“Answerable”)
C ompetitiveness
Equal opportunity to all eligible bidders
T ransparency
Wider dissemination of bid opportunities
S treamlined Process
Uniformly applicable to all government agencies
Effective and efficient method
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PROCUREMENT METHODS
AND PROCEDURES
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PROCUREMENT METHODS
Resort to alternative methods shall be made:
v Only in highly exceptional cases
v To promote economy and efficiency
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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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PROCUREMENT ORGANIZATIONS
v Head of the Procuring Entity (HOPE)
v Bids and Awards Committee (BAC)
v BAC Secretariat
v Technical Working Group (TWG)
v Observers
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HEAD OF PROCURING ENTITY (HOPE)
Refers to:
v Head of the agency or body, or his duly authorized
official, for NGAs and the constitutional commissions or
offices, and other branches of government;
v Governing Board or its duly authorized official, for
GOCCs, GFIs and SUCs; or
v Local Chief Executive, for LGUs
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HEAD OF PROCURING ENTITY (HOPE)
2. Approves the Annual Procurement Plan (APP)
3. Approves/Disapproves the Contract Award
4. Resolves Protests
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BIDS AND AWARDS COMMITTEE
(BAC)
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BIDS AND AWARDS COMMITTEE
(BAC)
FUNCTIONS AND RESPONSIBILITIES:
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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:
v Chairperson (3rd Ranking Permanent Official);
v Member representing the Legal or Administrative
areas (5th Ranking Permanent Personnel); or if not
available, an officer of the next lower rank;
v 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
v Officer possessing Technical expertise relevant to the
procurement.
v 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)
HOPE
2nd
3rd 3rd 3rd
4th
5th
6th
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ALTERNATE BAC MEMBERS
v Same qualifications as their principals.
v Same term as the principal.
v Presence of alternate BAC members in BAC meetings
are considered for purposes of quorum.
v The relationship of the principal and the alternate is of
co-equal nature, rather than hierarchical.
v Accountability shall be limited to their respective acts
and decisions.
v Shall be entitled to the proportionate honoraria for
attendance in meetings.
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BIDS AND AWARDS COMMITTEE
(BAC)
TERMS OF MEMBERSHIP:
The BAC members shall be designated for a term of one (1)
year only, reckoned from the date of designation.
However, the HOPE may renew or terminate such
designation at his discretion.
Upon expiration of the terms of the current members, they
shall continue to exercise their functions until new BAC
members are designated.
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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:
v Provide administrative support to the BAC and TWG
v Organize BAC and TWG meetings and conferences
v Take custody of procurement documents and other
records
v Manage the sale and distribution of bidding documents
v Advertise/post bidding opportunities, including Bidding
Documents, and notices of awards
v Assist in managing the procurement process
v Monitor procurement activities and milestones
v Consolidate PPMPs
v Act as central channel of communications
v 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:
v Eligibility screening
v Bid evaluation
v Post-qualification
v Review of the Technical Specifications, Scope of Work, and
Terms of Reference
v Review of Bidding Documents
v Shortlisting of consultants
v 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
1. Minutes of BAC meetings;
2. Abstract of Bids;
3. Post-qualification summary report;
4. APP and related PPMP; and
5. Opened proposals
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
• funds are available for the purpose; and
• the grant of honoraria conforms to the guidelines
promulgated by the DBM. (Section 15, IRR of R.A.
9184)
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GUIDELINES ON THE GRANT
OF HONORARIA
v 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
v 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
v Those who are receiving honoraria shall no longer be
entitled to overtime pay for procurement-related
services rendered.
v 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
v Collections from successfully completed procurement
projects, limited to activities prior to the awarding of
contracts to winning bidders:
§ proceeds from sale of bid documents;
§ fees from contractor/supplier registry;
§ fees charged for copies of minutes of bid openings,
BAC resolutions and other BAC documents;
§ protest fees; and
§ proceeds from bid security forfeiture
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CEILING FOR HONORARIA
BAC Chair Php 3,000.00
BAC Members Php 2,500.00
BAC Secretariat Php 2,000.00
TWG Chair and Members
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THANK YOU!!
Contact us at:
TeleFax: (632)900-6741 to 44
Email address: gppb@gppb.gov.ph
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