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An act providing for the modernization, standardization and regulation of the procurement activities of the government and for other purposes.
WHAT IS PROCUREMENT?
Procurement refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity. (Article I, Sec. 5 (n), R.A. 9184) Procurement means the acquisition by any means of goods, construction or services.
Coverage:
Goods:
Items Supplies Materials needed in Transaction of public business Pursuit of any government undertaking, project or activity
Competitive Bidding
1. Method of procurement 2. Open to participation by any interested party 3.Consists of the following processes: advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract, 4. Specific requirements and mechanics of which shall be defined in the IRR to be promulgated under this Act
BAC Composition:
Head of Procuring Entity forbidden as Chairperson or member of BAC
BAC Composition:
Provisional Members: 1. Member- technical expertise in relevant to the procurement 2. Member- end user unit
BAC Composition:
(for LGUs)
One (1) representative each From the regular offices under the office of the local chief executive (e.g., Office of the Administrator, Budget Office, Legal Office, General Services, Engineering Service)
To be appointed by the local chief executive
BAC Composition:
Observers: Two (2)
1. At least one (1) shall come from a duly recognized private group in a sector or discipline relevant to the procurement at hand 2. The other from a non-governmental organization (NGO)
COA Representative
BAC Composition:
No. of Members: At least Five (5) but not more than Seven (7)
honoraria to the BAC members in an amount not to exceed twenty-five percent (25%) of their respective basic monthly salary subject to availability of funds (Section 15)
Postqualification
Award of Contract
Publication:
Twice: 1. Minimum 6 days maximum 14 days in between publication 2. Newspaper of general nationwide circulation 3. Newspaper published at least 2 years prior to advertisement
Posting @ Website
1. Website of the procuring entity 2. Website of the service provider of the procuring entity, if available 3. Maximum period of 14 days
Posting at premises
1. Conspicuous place 2. Reserved for the purpose 3. Certified by the BAC Secretariat of the procuring entity
Eligibility Check:
BAC determines if each prospective bidder is eligible to participate By examining the completeness of each prospective bidders eligibility requirements Using a non-discretionary pass/fail criteria
Eligibility Documents:
Class A Documents Class B Documents
Procedure:
1. Late bids shall not be accepted 2. Opening of Technical Envelopes 3. Counter-checking compliance of Technical Envelope with requirements 4. Opening of Financial Envelope 5. Counter-checking compliance of Financial Envelope with requirements
Note:
Bids above the ABC are automatically disqualified No Floor Prices If failed Technical Envelope, cannot open the Financial Envelope Bid shall include all taxes
Post-Qualification
To determine whether the bidder concerned complies with and is responsive to all the requirements and conditions for eligibility, the bidding of the contract, as specified in the bidding documents
Post-Qualification
BAC shall verify, validate and ascertain all statements made and documents submitted by the bidder with the Lowest Calculated Bid/Highest Rated Bid.
Post-Qualification Period: Within seven (7) calendar days from determination of the Lowest Calculated Bid
In exceptional cases, the seven (7) calendar day period may be extended by the GPPB (Government Procurement Policy
Board)
Result: Lowest Calculated Bid becomes Lowest Calculated and Responsive Bid
Recommendation of the Award to the Head of the Procuring Entity Action of Head on Recommendation: 1. Approve 2. Disapprove
Action of Head on Recommendation: Disapproval based only on valid, reasonable and justifiable grounds to be expressed in writing, copy furnished the BAC. (Bids and Awards Committee)
If approval: Head issues the Notice of Award BAC notifies the losing bidders of the decision
Failure of Bidding:
1. No Bids are received 2. No bid qualifies as the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid 3. Refusal of winning bidder to accept the award of contract