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1
Historical Background
Early laws on Procurement
2
Historical Background
3
Historical Background
The Administrative Code of the Philippines (1917)
Procurement – acquisition of supplies, materials and
equipment for the various offices and branches of
Government (Supply Law)
Bureau of Public Works – award of contracts for the
construction and repair of national public works and
improvements
Procurement and Supply Law
Office of Insular Purchasing Agent (1910)
Division of Purchase and Supply (1932)
The Procurement Office (1947)
Bureau of Supply under Department of General
Services (1958)
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Historical Background
Pre-Reform Procurement Legal Structures
1. Procurement of Civil Works – Presidential Decree
No. 1594 (1978)
2. Procurement of Goods – EO No. 302 (1996), EO No.
201 (2000), as amended by EO 262 (2000)
3. Procurement of Consulting Services – NEDA
guidelines (1998)
4. Procurement among LGUs – RA No. 7160 (1990)
5. EO 40 (2001) – Consolidated procurement rules and
regulations for NGAs, GOCCs and GFIs
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Enactment of GPRA
Implementing Memorandum
Administrative
Rules and Executive Orders
Issuances Circulars
Regulations
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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 of Procurement Policy Board
standards (GPPB)
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Enactment of GPRA
Consolidation of House Bill 4809 and Senate Bill 2248
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Key Features of GPRA
Covers procurement of all government agencies
General Rule is Public/Competitive Bidding
Alternative Methods of Procurement allowed in highly
exceptional cases
Use of the Approved Budget for the Contract (ABC) as ceiling
for the bid price
Use of transparent, objective, and non-discretionary criteria
Increased transparency in the procurement process
Professionalization of procurement officials
Inclusion of Penal and Civil Liabilities
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GPPB as an Inter-Agency Body
Policy-Making
Amend implementing rules & regulations of procurement law
(quasi-legislative function)
Prepare generic procurement manual and standard bidding
forms
Capacity Development
Establish a sustainable training program
Monitoring
Assist procuring entities improve their compliance
Review effectiveness of procurement law
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GPPB Functions
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GPPB Website
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Philippine Government Electronic
Procurement System (PhilGEPS)
Serves as the primary and definitive source of
information on all government procurement
Utilized for the procurement of common-use supplies
to take advantage of bulk purchasing
Features of the PhilGEPS
Electronic Bulletin Board
Electronic Registry
Electronic Catalogue
Virtual Store
Electronic Payment
Electronic Bid Submission
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PhilGEPS Registration
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PhilGEPS Registration
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PhilGEPS Registration
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Participation of CSOs
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JSDF PROJECT
Scope and Coverage
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Scope and Coverage
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Scope and Coverage
Section 4, Revised IRR
All fully domestically-funded procurement activities
All foreign-funded procurement activities, unless
otherwise provided in a treaty or int’l/executive
agreement
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:
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;
22
Scope and Coverage
Public-Private sector infrastructure or development projects and
other procurement covered by R.A. 6957, as amended by R.A.
7718 (BOT Law), entitled “An Act Authorizing the Financing,
Construction, Operation and Maintenance of Infrastructure
Projects by the Private Sector, and for Other Purposes,” as
amended;
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Scope and Coverage
Leasing out of publicly-owned real property for private use
- Transactions where a government agency leases out its
real property for private use, such as in the case of a
canteen or food concessionaire, are governed by
Executive Order 301 (Series of 1987), particularly
Section 7 thereof, and its associated guidelines.
- Implementing Guidelines for Lease of Privately-Owned
Real Estate guidelines will only apply to lease of
privately-owned real estate by government agencies for
[
official use. (NPM 50-2013)
Consignment; and,
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Scope and Coverage
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DEFINITION OF TERMS
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What is PROCUREMENT?
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GOODS
Refer to –
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INFRASTRUCTURE PROJECTS
Refer to -
construction, improvement, rehabilitation, repair /restoration 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.
RA 9184 and its IRR does not apply to Public/Private Sector Infrastructure
Projects under RA 6957 (Act Authorizing Financing, Construction,
Operation and Maintenance of Infra Projects by the Private Sector.) as
amended by R.A. 7718 (BOT Law)
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CONSULTING SERVICES
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MIXED PROCUREMENT
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DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
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DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
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PRINCIPLES OF PUBLIC
PROCUREMENT
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Governing Principles
ublic Monitoring
Awareness and vigilance
ccountability
Responsibility over actions/decisions (“Answerable”)
ompetitiveness
Equal opportunity to all eligible bidders
ransparency
Wider dissemination of bid opportunities
treamlined Process
Uniformly applicable to all government agencies
Effective and efficient method
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Essence of PUBLIC MONITORING
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ACCOUNTABILITY OF
PUBLIC OFFICIALS
Pertinent laws and the prescribed procedures must be
faithfully complied with in the discharge of functions in
all stages of the procurement process as well as the
implementation of contracts.
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How to ensure
COMPETITIVENESS
As a rule, procurement must be conducted through
competitive bidding process, unless otherwise provided
under GPRA, its IRR and this Manual, then the
Alternative Methods of Procurement can be resorted to.
This is to guarantee:
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How to ensure TRANSPARENCY
1. Posting in the Procuring Entity’s website,
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Essence of STREAMLINED
PROCUREMENT SYSTEM
1. Uniform application to all government procurements.
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PROCUREMENT METHODS
AND PROCEDURES
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Procurement Methods
All Procurement shall be done through competitive
bidding except as provided in R.A. 9184.
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Procurement Methods
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Bidding Process (Goods & Infra)
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 (Consulting)
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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HEAD OF PROCURING ENTITY
(HOPE)
FUNCTIONS AND RESPONSIBILITIES:
1. Establishes BAC and appoints its members
Ensures that BAC members give their utmost
priority to duties
Ensures professionalization of members of the
procurement organization
4. Resolves Protests
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BIDS AND AWARDS COMMITTEE
(BAC)
As a general rule, HOPE must create a single BAC.
However, separate BACs may be created under any of
the following conditions:
1. The items to be procured are complex or specialized;
2. If the single BAC cannot reasonably manage the
procurement transactions as shown by delays beyond
the allowable limits; or
3. If the creation is required according to the nature of
the procurement.
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BIDS AND AWARDS COMMITTEE
(BAC)
PE’s creation of sub-BACs to be placed under a main
BAC is not in compliance with the requirements under
Sec 11 of the IRR of RA 9184.
PE may, however, establish separate BACs with the
composition of the BAC members subject to the
qualifications under Section 11.2.2 of the IRR of RA
9184. Each BAC shall not be considered as
decentralized committees pursuant to Section 11.1.2 of
the IRR since it will be headed by a single HOPE.
(NPM 74-2013)
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BIDS AND AWARDS COMMITTEE
(BAC)
FUNCTIONS AND RESPONSIBILITIES:
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BIDS AND AWARDS COMMITTEE
(BAC)
MEMBERSHIP AND QUALIFICATIONS:
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BIDS AND AWARDS COMMITTEE
(BAC)
COMPOSITION: 5 but not more than 7 MEMBERS
designated by the HOPE
1. Regular Members:
Chairperson (3rd Ranking Permanent Official);
Member representing the Legal or Administrative areas (5th
or 3rd Ranking Permanent Personnel);
Member representing the Finance Area (5th or 3rd Ranking
Permanent Personnel);
2. Provisional Members
Officer possessing Technical expertise relevant to the
procurement.
End user unit Representative.
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BIDS AND AWARDS COMMITTEE
(BAC)
HOPE
2nd
3rd 3rd 3rd
4th
5th
6th
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BAC for NGAs, GOCCs, GFIs and
SUCs
The members including the Chairman shall be
designated by the Head of the Procuring Entity.
Regular Members
1. Chairman (At least 3rd Ranking Permanent Official);
2. Member representing the Legal or Administrative
areas of the procuring entity;
3. Member representing the Finance Area of the
Procuring Entity.
Provisional Members
1. An officer who has Technical expertise relevant to
the procurement.
2. Representative from the end user unit.
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Alternate BAC Members
Same qualifications as their principals.
Same term as the principal.
Presence of alternate BAC members in BAC meetings
are considered for purposes of quorum.
The relationship of the principal and the alternate is
of co-equal nature, rather than hierarchical.
Accountability shall be limited to their respective acts
and decisions.
Shall be entitled to the corresponding honoraria for
attendance in meetings.
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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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PROHIBITED BAC MEMBERS
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CONFLICT OF INTEREST
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BAC SECRETARIAT
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BAC SECRETARIAT
FUNCTIONS:
Provide administrative support to the BAC
FUNCTIONS:
Consolidate PPMPs
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BAC SECRETARIAT
FUNCTIONS:
Consolidate PPMPs
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BAC SECRETARIAT
BAC Secretariat Head cannot notarize resulting contract of
the procurement activities. (NPM 66-2013)
- The BAC Sec provides a vital supporting role for the PE
in the procurement process. If the BAC Sec Head is to
notarize the resulting contract, she would then take on
a more central role by bestowing upon the contract the
imprimatur of a legal attestation by a third person.
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BAC SECRETARIAT
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BAC SECRETARIAT
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TECHNICAL WORKING GROUP
(TWG)
Created by the BAC from a pool of legal, technical
and financial experts
- those experts outside the procuring entity
concerned may be included, i.e. government
personnel and officials and consultants from the
private sector and academe with proven expertise
on the sourcing of goods, works or consulting
services. (GPPB Resolution No. 07-2012, GPPB
Circular No. 02-2012)
BAC may create separate TWGs to handle different
procurements
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TECHNICAL WORKING GROUP
(TWG)
FUNCTIONS:
1. Assist BAC in the following activities:
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OBSERVERS
Observers represent the public, the taxpayers who
are interested in seeing to it that procurement laws
are observed and irregularities are averted.
In all stages of procurement process BAC must invite,
in writing, at least three (3) Observers, at least 3
calendar days before the date of the procurement
stage/activity, who shall be:
Representative from COA
Duly recognized private group in the sector or
discipline of the particular type of procurement
involved
Non-Government Organization (NGO)
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OBSERVERS
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OBSERVERS
Observers shall be allowed access to the following
documents upon their request, subject to signing of a
confidentiality agreement:
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OBSERVERS
RESPONSIBILITIES:
1. Prepare report (jointly or separately) indicating their
observations on the procurement activities
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GRANT OF HONORARIA
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GUIDELINES ON THE GRANT
OF HONORARIA
Budget Circular No. 2004-5A, dated 7 October 2005
As amended by 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:
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;
liquidated damages; and
proceeds from bid security forfeiture
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CEILING FOR HONORARIA
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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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