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Revised IRR RA 9184 (Alternative Modes)

Revised IRR RA 9184 (Alternative Modes)

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Published by jrcanlas
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Published by: jrcanlas on Oct 21, 2009
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04/15/2015

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Salient IRR Revisions

Alternative Methods of Procurement

IRR: Alternative Methods
 General

Rule: Public Bidding

APP provides sufficient lead time for bidding

 Resort
  

to Alternative Methods allowed-

Highly exceptional cases To promote economy and efficiency Justified by conditions specified in IRR

IRR: Alternative Methods
 Limited

Source Bidding (Sec. 49)

Procedure for pre-selection shall be outlined in Generic Procurement Manual
 

Invitation shall be advertised Those who meet specified criteria shall be preselected List shall be updated periodically

IRR: Alternative Methods
 Limited

Source Bidding (Sec. 49)

List to be maintained by relevant government authority

Procuring entity may be the relevant government authority Submitted to GPPB

IRR: Alternative Methods
 Shopping

and Small Value Procurement (Secs. 52 & 53.9)

Higher thresholds set for shopping and small value procurement  Guidelines to follow

For Foreign-funded procurement, thresholds shall be agreed upon between GOP and foreign government/institution

Shopping & Small Value Procurement
Higher Threshold Amount for Unforeseen Contingencies
 NGAs, GOCCs, GFIs, SUCs – P100,000  LGUs –
Classification 1st Class 2nd Class 3rd Class 4th Class 5th Class 6th Class Maximum Amount (in Philippine Pesos) Province 100,000 100,000 100,000 80,000 60,000 50,000 City 100,000 100,000 80,000 60,000 50,000 50,000 Municipality 50,000 50,000 50,000 50,000 50,000 50,000

In the case of Barangays, the maximum amount is P50,000

Shopping & Small Value Procurement
Higher Threshold Amount for Regular Office Supplies and Small Value Procurement
 NGAs, GOCCs, GFIs, SUCs – P500,000  LGUs –
Classification 1st Class 2nd Class 3rd Class 4th Class 5th Class 6th Class Maximum Amount (in Philippine Pesos) Province 500,000 500,000 500,000 400,000 300,000 200,000 City 500,000 500,000 400,000 300,000 200,000 100,000 Municipality 100,000 100,000 100,000 50,000 50,000 50,000

In the case of Barangays, the maximum amount is P50,000

IRR: Alternative Methods
 Negotiated

Procurement (Sec. 53)

Clearer rules on two-failed bidding Additional instances of negotiated procurement

IRR: Alternative Methods
 Recap:

Failure of Bidding (Sec. 35)

Mandatory review after each failed bidding Based on findings
 

Revise terms, conditions, specifications Adjust ABC, subject to required approvals

Rebid

Invite previous bidders

IRR: Alternative Methods
 Two-Failed

Bidding (Sec. 53.1)

Mandatory review and agree on the following:
 

Minimum technical specifications ABC adjusted only up to 20%

Invite sufficient number to ensure competition Information communicated on an equal basis

IRR: Alternative Methods
 Two-Failed

Bidding (Sec. 53.1, cont.)

Simultaneous negotiations Submission of best and final offer on a specified date

IRR: Alternative Methods
 Two-Failed

Bidding (Sec. 53.1, cont.)

Successful offer to be selected:
 

Meet minimum technical specifications Does not exceed ABC

Observers shall be invited in all stages

IRR: Alternative Methods
 Distinction

between the following:

Agency-to-Agency (Sec. 53.5)
 

GOCCs formed under the Corporation Code excluded Implementing Guidelines on A2A

Procurement Agent (Sec. 53.6) By Administration (Sec. 7.3.2[a])

IRR: Alternative Methods
 Additional

instances of Negotiated Procurement:

Lease of Real Property (Sec. 53.10)
 

Include lease of venues Guidelines to follow

IRR: Alternative Methods
 Additional

instances of Negotiated Procurement:

Community Participation (Sec. 52.12)

Local community participation in service delivery
 

Project sustainability Meet social objectives

Procuring entity shall propose (procedures, specifications and contract packaging)  Subject to GPPB approval

IRR: Alternative Methods
 Additional

instances of Negotiated Procurement:

United Nations Agencies (Sec. 52.13)

Small quantities of off-the-shelf goods (education and health) Specialized products (vaccines or drugs)

IRR: Alternative Methods
 Other

Terms and Conditions

In all instances, the most advantageous price for government should be obtained (Sec. 48.1) Splitting of contracts is not allowed (Sec. 54.1)

IRR: Alternative Methods
 Other

Terms and Conditions (Sec. 54)

Posting not necessary, except:
  

shopping [Sec. 52.1(b)], two-failed biddings [Sec. 53.1] small value procurement [Sec. 53.9]

But all awards to be posted

IRR: Alternative Methods
 Other

Terms and Conditions (Sec. 54)

Bid securities not necessary, except:

Limited Source Bidding (Sec. 49)

IRR: Alternative Methods
 Other

Terms and Conditions (Sec. 54)

Performance and Warranty Securities necessary, except  Shopping [Sec. 52]  Emergency Cases [Sec. 53.2]  Small value procurement [Sec. 53.9]  Lease of real property [Sec. 53.10]  Procurement from UN agencies [Sec. 53.13]

Thank you
 Comments,

questions?

 GPPB

On Line Forum

http://gppb.topicsolutions.net/

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