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Procurement
Observer’s
Guide
2014
TABLE
OF
CONTENTS
Introduction ................................................................................................................................. 1
Chapter
1
Who
Can
Observe
Government
Procurement
Activities?...................................................................................................................................... 5
Chapter
2
What
to
Observe? .................................................................................................10
Chapter
3
Why
Report? ..........................................................................................................33
Chapter
4
Code
of
Conduct
for
Observers ........................................................................36
Chapter
5
Tools
and
Instruments .......................................................................................40
Chapter
6
Other
Suggested
Activities ................................................................................45
Annex
A
Sample
Form
of
Confidentiality
Agreement...................................................50
INTRODUCTION
The
Philippine
Government
spends
hundreds
of
billions
of
pesos
on
the
procurement
of
goods,
infrastructure
projects,
and
consulting
services
on
a
regular
basis.
This
money
comes
from
the
budget
that
the
Philippine
Government
appropriates
out
of
its
own
revenues
and
from
loans
and
grants
extended
by
foreign
sources
such
as
multilateral
development
banks
and
bilateral
donors.
This
amount
of
public
expenditures
alone
underscores
the
need
to
ensure
that
public
contracts
are
procured
competitively
with
due
consideration
to
economy
and
efficiency
in
a
transparent
and
fair
process
free
from
any
form
of
anomalies
and
irregularities
attributed
to
the
commission
of
graft
and
corruption.
In
2001,
the
Office
of
the
Ombudsman
(Omb)
estimated
that
USD48
billion
had
been
lost
to
corruption
in
the
last
20
years,
an
amount
that
could
have
paid
for
the
total
debt
of
the
Philippines
for
the
same
period.
The
Commission
on
Audit
(COA)
conservatively
estimates
corruption
loss
at
P2
billion
per
year.
(World
Bank,
2001;
Thomton,
2006).
In
the
area
of
public
procurement,
leakage
is
estimated
by
Procurement
Watch,
Inc.
(as
of
2001)
at
P95
billion
or
68%
of
the
budget
deficit.
Another
study
has
said
that
20%
of
the
Philippine
budget
is
lost
to
corruption
each
year.
If
translated
to
actual
impact,
in
2010,
for
instance
when
the
country
had
1.54
trillion
budget,
the
20%
loss
would
be
equivalent
to
P308.2
billion
on
an
annual
basis
or
P843
million
on
a
daily
basis.
The
amount
could
have
been
used
to:
• Build
an
additional
598,446
classrooms;
• Hire
an
additional
1.6
million
teachers;
or
• Construct
127.78
kilometers
of
roads.
The
table
below
shows
that
in
a
survey
conducted
by
Social
Weather
Station,
the
respondents
viewed
that
although
public
corruption
was
prevalent
in
revenue-‐raising
functions
of
the
government,
a
significant
percentage
viewed
that
the
same
is
also
true
in
government
spending.
Areas
of
Public
Sector
Corruption
and
Corresponding
Percentage
of
Respondents:
Number
of
people
that
think
public
sector
corruption
is:
Due
more
to
bad
regulations
1
Due
more
to
bad
implementation
45
Equally
due
to
bad
regulations
and
bad
implementation
47
Due
neither
to
bad
regulations
nor
bad
implementation
7
Number
of
people
that
think
public
sector
corruption
is:
More
prevalent
in
government
revenue-‐raising
3
2
|
P a g e
Number
of
people
that
think
public
sector
corruption
is:
More
prevalent
in
government
spending
27
Equally
prevalent
in
government
revenue-‐raising
and
spending
67
Found
neither
in
government
revenue-‐raising
nor
spending
3
(Source:
WB,
2001)
SWS
Enterprise
Survey,
August-‐
October
2000
The
occurrence
of
corruption
in
public
procurement
remains
prevalent
despite
the
existence
of
public
procurement
related
laws1
and
the
participation
of
the
public
for
increased
transparency.
Although
several
statutes
provide
for
citizens’
participation
in
public
procurement
exist,
what
was
common
in
these
laws
was
that
Observers
were
made
non-‐voting
members
of
the
Pre-‐qualification
Bids
and
Awards
Committee
(PBAC),
except
in
the
PBAC
of
LGUs.
Despite
the
space
given
to
CSOs
by
these
laws,
the
following
were
issues
that
had
to
be
dealt
with:
• Familiarity,
closeness
and
regular
interrelation
of
Observers
with
the
members
of
the
PBAC;
• Lack
or
absence
of
independent
Observers;
and
• Non-‐mandatory
nature
of
the
submission
of
reports
by
Observers.
To
address
these
concerns,
Republic
Act
(R.A.)
No.
9184,
otherwise
known
as
“Government
Procurement
Reform
Act”
(GPRA)
was
enacted
into
law
in
2003.
The
new
public
procurement
legal
framework
provides
for
an
enhanced
citizens’
participation
to
ensure
that
the
procurement
process
is
transparent,
efficient
and
honest.
Although
observers
are
no
longer
part
of
the
BAC,
the
law
has
emphasized
and
provided
for
increased
accountability
and
wider
CSO
participation,
alongside
the
principle
of
public
monitoring.
The
GPRA
is
a
remarkable
legislative
improvement
from
the
plethora
of
laws
that
used
to
govern
the
Philippine
Government
procurement
system.
Consistent
with
the
principles
of
transparency
and
public
monitoring,
the
GPRA
allowed
third
party
observers
to
monitor
how
government
units
and
agencies
conduct
their
procurement
activities.
Thus,
to
enhance
transparency,
the
BAC
is
required
to
invite
at
least
two
(2)
observers
-‐
one
(1)
from
a
duly
recognized
private
group
in
a
sector
or
discipline
relevant
to
the
procurement
at
hand,
and
the
other
from
a
non-‐
government
organization
to
sit
in
all
stages
of
the
procurement
process
-‐
in
addition
to
the
representative
of
the
Commission
on
Audit.
The
law
likewise
requires
that
observers
must
not
have
any
direct
or
indirect
interest
in
the
contract
to
be
bid.
The
opportunity
for
citizens
to
participate
in
government
procurement
activities
as
observers
has
been
considered
a
key
development
in
the
Philippine
Government
procurement
system.
It
is
a
unique
feature
of
the
GPRA
that
the
country
takes
pride
in,
as
much
as
it
takes
pride
in
the
vibrant
community
of
civil
society
organizations
1
Presidential
Decree
No.
1594
and
its
IRR;
Republic
Act
No.
7160
or
the
Local
Government
Code
of
the
Philippines;
Executive
Order
No.
262,
S.
2000
and
its
IRR;
and
Executive
Order
No.
40,
S.
2001
and
its
IRR.
(CSOs)
and
non-‐governmental
organizations
(NGOs).
This
development
can
be
attributed
to
recognition
by
the
government,
its
development
partners
and
civil
society
that
citizens
and
communities
have
important
roles
in
enhancing
accountability
of
public
officials,
reducing
corruption
and
improving
efficiency
and
effectiveness
in
the
delivery
of
public
service.
The
participation
of
independent
CSO
observers
to
enhance
transparency
and
public
monitoring
of
government
procurement
activities
is
a
tool
under
the
broader
concept
of
“Social
Accountability
that
has
become
an
attractive
approach
to
both
the
public
sector
and
civil
society
for
improving
governance
processes,
service
delivery
outcomes,
and
improving
resource
allocation
decisions.
Over
the
last
decade,
numerous
examples
have
emerged
that
demonstrate
how
citizens
can
make
their
voice
heard
and
effectively
engage
in
making
the
public
sector
more
responsive
and
accountable.”
(Social
Accountability
Sourcebook,
World
Bank).
It
was
observed,
however,
that
the
presence
of
so
many
CSOs
and
NGOs
is
still
insufficient
to
supply
the
demand
for
procurement
observers.
Aside
from
the
high
demand
given
the
number
of
agencies,
the
lack
of
observers
to
cover
the
procurement
of
agencies
is
also
due
to
the
need
for
CSOs
to
fulfill
the
requirements
of
the
law
before
becoming
observers.
Under
the
law,
observers
shall
come
from
an
organization
duly
registered
with
the
Securities
and
Exchange
Commission
(SEC)
or
the
Cooperative
Development
authority
(CDA).
The
law
further
requires
that
the
observers
should
meet
the
following
criteria:
a)
knowledge,
experience
or
expertise
in
procurement
or
in
the
subject
matter
of
the
contract
to
be
bid;
b)
absence
of
actual
or
potential
conflict
of
interest
in
the
contract
to
be
bid;
and
c)
any
other
relevant
criteria
that
may
be
determined
by
the
BAC.
(Section
13.2
of
the
revised
Implementing
Rules
and
Regulations
(IRR)
of
R.A.
9184)
As
stated,
the
CSOs
or
NGOs
need
not
only
be
registered
with
SEC
or
CDA
but
should
also
be
knowledgeable
in
the
procurement
process
or
in
the
subject
matter
of
the
contract
to
be
bid.
To
be
knowledgeable
in
the
procurement
process,
the
CSOs
or
NGOs
must
necessarily
undergo
training
in
R.A.
9184
and
its
IRR.
It
is
to
this
end
that
this
Procurement
Observers
Guide
(POG)
seeks
to
contribute
to
that
need
for
training
of
CSOs.
Although
the
law
can
always
be
read
and
interpreted
on
its
own,
learning
and
having
a
clearer
interpretation
of
each
provision
are
better
facilitated
through
translation
into
simpler
terms
in
the
form
of
a
guide.
Accordingly,
this
Guide
seeks
to
simplify,
in
terms
of
presentation,
the
content
of
GPRA
and
its
IRR
with
the
aim
that
observers
can
understand
the
law
easily.
It
is
therefore
to
be
used
and
read
in
conjunction
with
the
GPRA
IRR.
This
publication
mainly
addresses
members
of
different
CSOs
and
NGOs
who
intend
to
participate
in
the
government
procurement
activities
as
observers.
This
POG
likewise
seeks
to
describe
procurement
principles
and
standards
in
a
simple
and
clear
manner,
for
those
who
are
interested
in
getting
involved
in
the
government
procurement
activities
but
are
not
yet
affiliated
with
any
organization
and
for
all
those
who
intend
to
learn
more
about
government
procurement.
Ultimately,
this
Guide
presents
an
opportunity
for
responsible
citizens
and
CSOs
to
put
into
practice
the
fundamental
principle
of
democracy
that
citizens
have
the
right
to
demand
accountability
and
public
officials
have
an
obligation
to
be
accountable.
4
|
P a g e
CHAPTER
1
WHO
CAN
OBSERVE
GOVERNMENT
PROCUREMENT
ACTIVITIES?
Section
16,
Article
XIII
of
the
1987
Philippine
Constitution
ensures
that
“the
right
of
the
people
and
their
organizations
to
effective
and
reasonable
participation
at
all
levels
of
social,
political,
and
economic
decision-‐making
shall
not
be
abridged.
The
State
shall,
by
law,
facilitate
the
establishment
of
adequate
consultation
mechanisms.”
This
constitutional
guarantee
has
been
the
basis
for
the
creation
of
various
development
councils
at
the
local
level
and
the
framework
for
the
participation
of
third
party
observers
in
the
government
procurement
system.
This
idea
of
citizen’s
participation
is
consistent
with
the
Government
Procurement
Reform
Act’s
(GPRA)
general
principle
and
policy
of
promoting
transparency,
accountability,
efficiency,
and
public
monitoring
in
government
procurement.
Accordingly,
the
presence
of
observers
in
the
procurement
process
is
a
way
to
ensure
adherence
to
the
law
and
the
prevention
of
graft
and
corruption.
A. Who
can
be
Procurement
Observers?
Under
R.A.
9184
and
its
IRR,
there
are
three
kinds
of
observers:
(1)
a
representative
of
the
Commission
on
Audit;
(2)
an
observer
from
a
duly
recognized
private
group
in
a
sector
or
discipline
relevant
to
the
procurement
at
hand
(e.g.,
Philippine
Contractors
Association
for
infrastructure);
and
(3)
an
observer
from
a
non-‐government
organization
(NGO).
(Section
13
of
R.A.
9184
and
its
IRR)
This
Guide
shall
use
the
term
NGO
in
the
same
context
as
the
term
CSO,
which
is
defined
in
National
Budget
Circular
No.
5392
to
include
NGOs,
people’s
organizations,
cooperatives,
trade
unions,
professional
associations,
faith-‐
based
organizations,
media
groups,
indigenous
peoples
movements,
foundations
and
other
citizen
groups
formed
primarily
for
social
and
economic
development,
to
monitor
government
programs
and
projects,
engage
in
policy
discussions,
and
actively
participate
in
collaborative
activities
with
Government.
2
Guidelines
on
Partnership
With
Civil
Society
Organizations
and
Other
Stakeholders
in
the
Execution
of
the
National
Budget
issued
on
21
March
2012.
6
|
P a g e
This
Guide
may
be
used
by
observers
from
recognized
private
groups
insofar
as
it
is
applicable.
REMINDERS
It
should
be
noted
that
the
IRR
of
R.A.
9184
recognizes
two
(2)
modes
of
NGO
“participation”
in
public
procurement,
as
shown
in
the
following
pertinent
provisions:
1. Section
13
requires
the
presence
of
third-‐party
NGO
observers
in
all
stages
of
the
procurement
process
to
enhance
transparency
and
thereby
promote
accountability
and
public
monitoring.
2. Section
53.11
allows
procuring
entities
to
contract
with
NGOs
through
public
bidding
or
negotiated
procurement
when
an
appropriation
law
or
ordinance
earmarks
amounts
to
be
specifically
used
for
such
purpose.
Awareness
of
this
dual
role
of
NGOs
as
independent
third
party
observers
of
the
procurement
process
and
as
bidders
or
providers
of
goods
and
services
for
government
projects
will
allow
better
focus
for
the
POG
and
prevent
potential
conflicts
of
interest
among
NGOs
who
are
engaged
to
participate
in
public
procurement.
In
order
to
promote
greater
awareness
and
a
more
empowering
participation
of
citizen
stakeholders,
qualified
NGOs
based
in
communities
of
project
beneficiaries
are
encouraged
to
volunteer
as
observers
in
procurement
activities
in
their
localities.
1. Qualifications
of
an
Observer
a. Member
of
an
organization
duly
registered
with
the
Securities
and
Exchange
Commission
(SEC)
or
the
Cooperative
Development
Authority
(CDA);
REMINDERS
To encourage the participation of community-‐based
procurement observers, they may affiliate themselves with
registered NGOs.
b. Should have knowledge, experience and/or expertise in procurement or
in the subject matter of the contract to be bid;
c. Should have no actual or potential conflict of interest in the contract to
be bid; and
7 | P a g e
d. Should possess other relevant criteria that may be determined by the
Bids and Awards Committee (BAC) of the procuring entity concerned.
(Section 13.2 of the IRR of R.A. 9184)
2. Observer’s Responsibilities
a. To familiarize himself/herself or to have sufficient knowledge of R.A.
9184 and its IRR;
b. To observe all stages of the procurement process; and
c. Under Sec. 13.4 of the IRR of the GPRA, observers should:
a. Prepare a report either jointly or separately indicating their
observations made on the procurement activities conducted by
the BAC for submission to the Head of the Procuring Entity
(HOPE), copy furnished the BAC Chairman;
b. Submit their report to the procuring entity and furnish a copy of
to the GPPB and the Office of the Ombudsman/Resident
Ombudsman; and
REMINDERS
The primary responsibility of the NGO observer is to
prepare a report of his or her observations assessing the
extent of the BAC’s compliance with the provisions of the
IRR of R.A. 9184 and areas of improvement in the BAC
proceedings, in line with the principles and intent of RA
9184 to promote public monitoring of the procurement
process.
The report shall assess the extent of the BAC’s compliance
with the provisions of the IRR and areas of improvement in
the BAC’s proceedings. See Section 13.4(a)
If no report is submitted by the observer, then it is
understood that the bidding activity conducted by the BAC
followed the correct procedure. See Section 13.4(c)
Refer to Section D. Procurement Observer’s Report (POR)
on page 42.
c. Immediately inhibit and notify in writing the procuring entity
concerned of any actual or potential conflict of interest in the
contract to be bid.
Procurement Observer’s Guide
8 | P a g e
REMINDERS
Section 13 of R.A. 9184 prohibits observers of the
procurement process from having direct or indirect
financial or material interest in the contract to be bid out to
prevent “conflict of interest” on the part of the observer.
When the NGO observer is “involved in multiple interests
which prevents an unbiased and impartial attitude toward
the work to be done”, conflict of interest occurs. (Conflict of
Interest, Definition of Terms, NBC No. 539).
The actual or potential conflict of interest is personal to the
representative of the organization. It may not necessarily
prohibit the same organization from sending a different but
disinterested representative.
3. Observer’s Rights
Upon invitation by the concerned procuring entity’s BAC:
a. Attend any or all stages of the procurement process;
b. Record what they have observed during any of the procurement
proceedings;
c. Access the following procurement related documents upon
request and subject to signing of a Confidentiality Agreement3
(See Annex A. Sample Form of Confidentiality Agreement):
• Annual Procurement Plan (APP) and Project Procurement
Management Plan (PPMP);
• Minutes of the BAC Meetings;
• Abstract of Bids;
• Opened Proposals. (Section 13.5 of the IRR of R.A. 9184);
and
3
Confidentiality Agreement also known as a nondisclosure agreement (NDA), confidential
disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement, is
a legal contract between a government procuring entity and a volunteer or team of volunteer
procurement observers that outlines confidential material, knowledge, or information that the parties
wish to share with one another for certain purposes, but wish to restrict access to by third parties. It is
a contract through which the parties agree not to disclose procurement information covered by the
agreement. Section 13.5 of the IRR of RA 9184 requires that Observers sign a confidentiality agreement
before they are allowed access to certain documents.
9 | P a g e
• Post Qualification Summary Report.
4. Observer’s Accountability
While R.A. 9184 and its IRR are silent on observers’ accountability in
case of failure to perform their duties and responsibilities or in case of
inappropriate behavior during the bidding process, observers, and the
organizations they represent, remain accountable and liable for any or
all actions in violation of the procurement law, its associated rules, and
other procurement-‐related statutes, rules, and regulations during the
procurement process.
Observers are accountable to the organizations they represent. Being
authorized agents and/or members, they are bound by the internal
rules and procedures of the organizations to which they belong. Hence,
they are subject to such disciplinary actions and sanctions their
respective organizations may mete out, when circumstances so
warrant.
In as much as the law requires that observers must have knowledge,
experience and expertise in procurement or in the subject matter of the
contract to be bid, NGOs are encouraged to provide the necessary
training and orientation to their members before deploying them as
observers. It is strongly recommended that a thorough and rigid
screening be performed to ensure the integrity of the NGO observer.
One possible consequence against errant observers is being disqualified
from participating in the procurement process. Procuring Entities (PEs)
may disqualify observers, or the NGO they represent under Section
13.2(c) of the IRR wherein the BAC of the PE concerned may impose
any other relevant criteria applying R.A. 9184, which the observers
shall meet before being able to participate as an observer.
Moreover, errant observers are not precluded from being charged with
a civil or criminal case, when the circumstances so warrant and all the
requisites are present, under existing civil and criminal laws.
In spite of the challenges that accountability poses on Observers, they
should be fortified by the empowering thought that they are fulfilling an
important and noble role as mature responsible citizens to bring about
a strong, vibrant and functioning democracy that we all aspire for as a
people.
Procurement Observer’s Guide
CHAPTER 2
WHAT TO OBSERVE?
R.A.
9184
and
its
IRR
states
that
Observers
should
be
invited
by
the
BAC
in
all
stages
of
the
procurement
process.
It
mandates
the
presence
of
Observers
in
monitoring
procurement
and
contract
implementation
as
a
means
of
improving
transparency,
accountability,
public
monitoring,
and
governance.
Observers
are
now
invited
to
monitor
all
stages
of
the
procurement
process.
A. Competitive
bidding
process
In
accordance
with
Section
10
of
RA
9184
and
its
IRR,
Procuring
Entities
shall
adopt
competitive
bidding
as
the
primary
mode
of
procurement.
1. Procurement
of
Goods
and
Infrastructure
Projects
(showing
the
latest
allowable
time)
From
1
day
of
posting
to
bid
7
cd
submission
st
1
cd
Advertisement/
Distribution/Sale
of
Posting
Pre-‐Bid
Bidding
Documents
Conference
1
cd
12
cd
to
30
cd
Opening
of
Opening
of
Bid
Submission
Technical
Proposal
(incl.
eligibility
docs)
Financial
P roposal
7
cd
(goods)
and
infra
w/
an
ABC
above
P50M
from
deadline
for
receipt
of
proposals
(5
cd
for
infra
w/
an
ABC
7
cd
to
30
cd
amounting
to
P
50M
and
below)
Detailed
1
Bid
Evaluation
Post-‐Qualification
o
7
cd
for
goods
and
4
cd
for
infra
3
cd
for
goods
and
2
cd
for
infra
with
with
an
ABC
amounting
to
P
50M
10
cd
an
ABC
amounting
to
P
50M
1 Issuance of Issuance of a
Notice of Award Contract Signing Notice to Proceed
11 | P a g e
2. Procurement of Consulting Services
Quality-‐Based Evaluation Procedure (showing the latest allowable time)
not later than 7 cd not to exceed 20 cd
7 cd
Submission of Opening of
Submission of LOI
Advertisement together with the Eligibility Eligibility
/Posting application for Requirements Envelope,
eligibility Eligibility Check
1 cd
Shortlisting HOPE Approval
Opening of
Submission of Technical Proposal
Proposals at least 12 cd Pre-‐Bid
& Preliminary
Examination Conference
1 cd
b.
Proposal Evaluation Opening of Financial
Negotiation Post-‐qualification
and Ranking Proposal
not more than 21 cd 1 cd 10 cd 7 cd
+ 2 cd for HOPE approval Award of
Contract
Quality-‐Cost Based Evaluation Procedure (showing the latest allowable
time)
not later than 7 cd not to exceed 20 cd
7 cd Submission of Opening of
Submission of LOI
together with the Eligibility Eligibility
Advertisement Requirements Envelope,
/Posting application for
eligibility Eligibility Check
1 cd
Shortlisting HOPE Approval
Opening of
Submission of Technical Proposal Opening of
Financial at least 12 cd Pre-‐Bid
Proposals & Preliminary
Proposal Conference
Examination
1 cd
Proposal Evaluation
Negotiation Post-‐qualification
and Ranking
not more than 21 cd 10 cd 7 cd
+ 2 cd for HOPE approval
Award of
Contract
Procurement Observer’s Guide
12 | P a g e
Observers are invited to participate in all stages of the procurement process
starting from Pre-‐Bid Conference until the award of the contract and contract
implementation.
Below is a more detailed discussion of each procurement stage/activity and
the corresponding responsibilities and reminders that Observers should take
into consideration:
STAGE/ACTIVITY DESCRIPTION
ADVERTISEMENT As mandated by law, the IB/REI should be advertised and
OF THE posted.
INVITATION TO
BID (IB) OR Except otherwise provided in Sections 21.2.2 and 54.2 of the
REQUEST FOR IRR of R.A. 9184 and for the procurement of common-‐use
EXPRESSION OF goods and supplies, the IB/REI shall be advertised or posted
INTEREST (REI) in the following manner:
(Section 21, RA 9184 and
its IRR)
Medium Newspaper
of general Website Conspicuous
PhilGEPS
nationwide of PE Place
circulation
ABC
Goods ≤ 2M
Infra ≤ 5M
Consulting
≤
1M
and/or
≤
4
months
Goods > 2M
Infra > 5M
Consulting
>
1M
and/or
>
4
months
STAGE/ACTIVITY
DESCRIPTION
13
|
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Receipt
of
To
enhance
the
transparency
of
the
process,
the
BAC
shall,
in
Invitation
from
the
all
stages
of
the
procurement
process,
invite,
in
addition
to
Procuring
Entity
the
COA
representative,
at
least
two
(2)
observers,
who
have
for
Any
Stage
of
no
right
to
vote,
one
from
a
duly
recognized
private
group
in
the
Bidding
a
sector
or
discipline
relevant
to
the
procurement
at
hand,
Process
and
the
other
from
a
non-‐government
organization.
(Section
13,
R.A.
9184
and
its
IRR)
REMINDERS
• Implementing Agencies (IA) or Procuring Entities (PE) are required by law to
invite Observers in writing at least three (3) calendar days before the date of the
procurement activity.
• The absence of Observers will not nullify the BAC proceedings, provided that
they have been duly invited in writing.
• The BAC observer should:
Upon receipt of the invitation personally or through mail, acknowledge
receipt by indicating the name of the recipient; date of receipt; and by
affixing her signature on the receiving copy; or
If the invitation is received through fax, the BAC observer should
acknowledge receipt in the same manner by sending the facsimile copy to the
procuring entity with the abovementioned details; or
Call the procuring entity upon receipt of invitation to inform them that the
same was already received.
,
• Inform the procuring entity if a representative will be sent, stating the name and
her position in the organization. Observer should inquire about what transpired
during the previous stage(s), and request for documents and list of Observer
invitees (attended/unable to attend) in the stage(s) to be guided accordingly.
• Secure a copy of the bidding documents from the the Procuring Entity (PE).
• Whether invited or not, the Observer may get hold of a copy of the Annual
Procurement Plan (APP) to check if the procurement activity is indicated
therein. The APP should be available on the website of the government agency.
There are now transparency provisions under the General Appropriations Acts
(GAA).
In the case of local government units, the APP is also required to be posted in at
least 3 publicly accessible and conspicuous places or newspaper of general
circulation in their locality, as required by laws, rules and regulations on
Procurement Observer’s Guide
14 | P a g e
transparency and disclosure such as:
− DILG Memorandum Circular 2011-‐95 Seal of Good Housekeeping for Local
Governments CY 2011 Implementation,
− MC 2011-‐134 Amending DILG MC 2011-‐08, Series 2010 Titled Full
Disclosure of Budget and Finances and Bids and Public Offerings, As
Amended.
• Write your comments/remarks/observations in the Observer’s Report.
Inquire for the PhilGEPS reference number and check for posting in the
PhilGEPS Website (www.philgeps.net) and the number of calendar days
required for its posting/advertisement [seven (7) calendar days or longer].
Verify whether the IB/REI is posted in the Procuring Entity’s Bulletin Boards
(conspicuous place) reserved for this purpose.
In order to validate whether the bid notice was published and/or posted, the
Observer can request for the date when the opportunity was advertised or
posted. In case the bid notice is required to be advertised in a newspaper, the
Observer, whenever applicable, may request for a copy of the newspaper
advertisement.
Upon seeing a copy of the advertised or posted bid notice, the Observer
should also determine the completeness of the information indicated
therein. (Rule VII, Section 21, IRR of RA 9184) provided in the IB/REI.
15 | P a g e
What
is
PhilGEPS?
The
Philippine
Government
Electronic
Procurement
System
serves
as
the
primary
and
definitive
source
of
information
on
government
procurement.
All
procuring
entities
are
required
to
utilize
the
system
for
the
procurement
of
common
use
supplies
and
to
post
all
procurement
opportunities
and
results
therein.
Some
of
its
features
include:
• Electronic
Bulletin
Board
• Registry
of
Suppliers,
Contractors
and
Consultants
• Electronic
Catalogue
• Virtual
Store
• Electronic
Payment
• Electronic
Bid
Submission
What
information
should
be
included
in
the
Invitation
to
Bid
(IB)?
For
the
procurement
of:
• Goods,
the
name
of
the
contract
to
be
bid
and
a
brief
description
of
the
goods
to
be
procured;
• Infrastructure
projects,
the
name
and
location
of
the
contract
to
be
bid,
the
project
background
and
other
relevant
information
regarding
the
proposed
contract
works,
including
a
brief
description
of
the
type,
size,
major
items,
and
other
important
or
relevant
features
of
the
works;
and
• Consulting
services,
the
name
of
the
contract
to
be
bid,
a
general
description
of
the
project
and
other
important
or
relevant
information.
For
all
types
of
procurement:
• A
general
statement
on
the
criteria
to
be
used
by
the
procuring
entity
for
the
eligibility
check,
short
listing
of
prospective
bidders,
in
the
case
of
the
procurement
of
consulting
services,
the
examination
and
evaluation
of
bids,
post
qualification,
and
award;
• The
date,
time
and
place
of
the
deadline
for
the
submission
and
receipt
of
eligibility
requirements,
the
pre-‐bid
conference,
if
any,
the
submission
and
receipt
of
bids,
and
the
opening
of
bids;
• Approved
Budget
for
the
Contract
(ABC)
or
the
Estimated
Project
Cost
(EPC)
as
the
case
may
be,
for
the
items,
infrastructure
projects
or
consulting
service
to
be
bid;
• The
source
of
funding;
• The
period
of
availability
of
Bidding
Documents,
the
place
where
it
may
be
secured,
the
website
where
it
may
be
downloaded,
and
where
applicable,
its
price;
• The
contract
duration
or
delivery
schedule;
Procurement Observer’s Guide
16 | P a g e
• The
names,
address,
telephone
number,
facsimile
number,
e-‐mail
and
website
addresses
of
the
concerned
procuring
entity,
as
well
as
its
designated
contact
person;
and
• Such
other
necessary
information
deemed
relevant
by
the
procuring
entity.
STAGE/ACTIVITY DESCRIPTION
PRE-BID The pre-‐bid conference is an opportunity for the potential
CONFERENCE bidders to seek clarification and for the BAC to explain the
(Section 22, RA 9184 and eligibility requirements and the technical and financial
its IRR) components of the contract to be bid.
MANDATORY DISCRETIONARY
For contracts with an ABC For contracts with an ABC
of One Million Pesos of less than One Million
(P1,000,000.00) or more, Pesos (P1,000,000.00), pre-‐
the BAC shall convene at bid conferences may be
least one pre-‐bid conducted at the discretion
conference. of the BAC.
Subject to the approval of the BAC, additional pre-‐bid
conference may also be conducted upon written request
of any prospective bidder.
Attendance of bidders is NOT mandatory.
At the option of the Procuring Entity, only those who have
purchased the Bidding Documents shall be allowed to
participate in the pre-‐bid conference and raise or submit
written queries or clarifications.
Statements made during the conference shall not modify the
terms of the Bidding Documents, unless it is specifically
identified in writing as an amendment and issued as a
Supplemental/Bid Bulletin.
Supplemental/Bid Bulletins may be issued upon the
procuring entity’s initiative for purposes of clarifying or
modifying any provision of the Bidding Documents at least 7
calendar days before the deadline for the submission and
receipt of bids.
REMINDERS
• Conduct
research
on
the
procurement
project
involved
and
identify
the
items
to
watch
out
for,
such
as
reasonableness
of
the
Approved
Budget
for
the
Contract
17
|
P a g e
(ABC)
or
Estimated
Project
Cost
(EPC)
as
the
case
may
be,
generality
of
technical
specifications/scope
of
work/terms
of
reference,
and
conformity
of
the
Bidding
Documents
with
RA
9184
and
its
IRR,
its
associated
rules
and
procedures,
the
standardized
Philippine
Bidding
Documents,
and
the
Generic
Procurement
Manuals.
• Pre-‐bid
conference
(PBC)
must
be
held
at
least
twelve
(12)
calendar
days
before
the
deadline
for
the
submission
and
receipt
of
bids,
or
at
least
thirty
(30)
calendar
days
before
the
deadline
for
the
submission
and
receipt
of
bids
if
a
longer
period
is
determined
by
the
Procuring
Entity
as
necessary
by
reason
of
the
method,
nature,
or
complexity
of
the
contract
to
be
bid
or
when
international
participation
will
be
more
advantageous
to
the
government.
• Check
if:
Pre-‐bid
conference
is
mandatory
based
on
the
ABC
or
EPC,
as
the
case
may
be.
All
the
bidders
who
have
expressed
their
interest
to
participate
(either
by
downloading
the
bidding
documents
from
the
PhilGEPS
website
or
those
who
purchased
the
bid
documents)
were
invited
in
cases
where
a
PBC
is
not
mandatory
but
the
BAC
decides
to
hold
one.
Take
note
that
the
presence
of
bidders
is
not
required.
The
eligibility,
technical,
and
financial
requirements
of
the
procurement
at
hand
were
thoroughly
discussed.
Clarifications
and
questions
were
encouraged
and
entertained.
Clarifications
and
questions
not
immediately
addressed
during
the
conference
were
answered
through
the
issuance
of
a
supplemental/bid
bulletin.
• If
there
is
any
Supplemental/Bid
Bulletin,
check
if:
It
was
posted
on
the
PhilGEPS
and
the
PE’s
website.
It
was
issued
not
later
than
seven
(7)
calendar
days
before
the
deadline
of
the
submission
of
bids.
It
was
provided
to
all
prospective
bidders
who
had
bought
bidding
documents.
• The
Pre-‐bid
Conference
proceedings
should
be
recorded
and
minutes
must
be
made
available
to
all
participants
not
later
than
three
(3)
calendar
days
after
the
conference.
• Bidders
who
have
submitted
their
bids
prior
to
the
issuance
of
the
supplemental/bid
bulletin
should
be
informed
and
allowed
to
modify
or
withdraw
their
bids.
Procurement Observer’s Guide
18 | P a g e
STAGE/ACTIVITY DESCRIPTION
RECEIPT
AND
Bidders
shall
simultaneously
submit
their
bids
in
two
(2)
OPENING
OF
BIDS
separate
sealed
envelopes,
on
the
date,
time
and
place
(Section
25,
RA
9184
and
specified
in
the
IB.
its
IRR)
The
BAC
shall
immediately
open
the
bids
after
the
deadline
for
submission.
Two-Envelope
System
1st
Eligibility
requirements:
Envelope
Class
“A”
Documents
− Legal
(Registration
certificate
,
Mayor’s
permit,
Tax
Clearance)
− Technical
(Statement
of
all
on-‐going
and
completed
contracts,
PCAB
license
and
registration
for
infrastructure
projects,
statement
of
consultant’s
nationality,
professional
registration,
curriculum
vitae
for
consulting
services)
− Financial
(audited
financial
statement,
NFCC).
Class
“B”
Document
− Valid
joint
venture
agreement
(JVA)
− For
foreign
bidders,
Class
“A”
Documents
may
be
substituted
by
the
appropriate
equivalent
documents,
if
any,
issued
by
the
country
of
the
foreign
bidder
concerned.
Bid
security
Technical
specifications/Project
Requirements
Omnibus
sworn
statement
2nd Financial Bid Form
Envelope
REMINDERS
Review the Bidding Documents.
Review Rule VIII (Receipt and Opening of Bids) of the IRR of R.A. 9184.
19 | P a g e
Make sure to be present before the scheduled opening of bids.
• Check if:
All the bids were submitted on/before the published deadline.
The BAC did not accept late bids.
The following periods from the last day of posting of IB/REI up to the
submission and receipt of bids have been observed by the BAC:
Type of Procurement Maximum Period
Goods Forty five (45) calendar days
Infrastructure Projects:
Fifty (50) million and below ABC Fifty (50) calendar days
Above fifty (50) million ABC Sixty Five (65) calendar days
Consulting Services Seventy five (75) calendar
days
In the case of projects funded by the ADB and the WB, a minimum
(instead of a maximum) period for the preparation of bids is required.
In the case of ADB funded projects bidders shall be given a minimum
period to prepare and submit bids of 4 weeks, counted from the date of
invitation to bid or the date of availability of bidding documents,
whichever is later.
For WB assisted projects, a period of at least thirty (30) days for bid
preparation shall be required from the date of invitation to bid or the
date of availability of of bidding documents, whichever is later.
As a general rule, the earliest possible time for bid preparation is less
than 30 days. However, if the procuring entity determines that by
reason of the method, nature, or complexity of the contract to be bid or
when international participation will be more advantageous to the GOP,
the time for bid preparation may be more than 30 days.
The bid box was properly sealed/locked so that no one can easily open or
have access to it.
The BAC members comprising a quorum were present before the start of the
bidding.
The checklist on the required documents for the eligibility check is reflected
on the board and/or in a document prepared and distributed to members of
the BAC, BAC Secretariat, the TWG, and Observers.
Prospective bidders submitted their eligibility envelopes along with their
technical and financial envelopes properly sealed and duly marked.
Procurement Observer’s Guide
20 | P a g e
All bids are still properly sealed before opening.
The BAC used non-‐discretionary “pass or fail” criterion in determining the
completeness of each bidder’s eligibility requirements or statements.
Remaining bid envelopes of bidder/s declared ineligible by the BAC, when
one or more of the required documents was found to be missing, incomplete
or patently insufficient, shall have been immediately returned to the bidders
unopened.
For ADB assisted projects the following rule applies:
ITB Clause 24.2 - During Bid opening, if the first bid envelope lacks any of
the documents listed in the ADB BDS 12.1(a), the bid shall be declared non-
responsive but the documents shall be kept by the Procuring Entity. Only
the unopened Price Proposal shall be returned to the Bidder.
For WB assisted projects the following rule applies:
ITB Clause 24.2 - During Bid opening, if the first envelope lacks any of the
documents listed in World Bank BDS 12.1(a), the bid shall be declared non-
responsive but the documents shall be kept by the Procuring Entity. The
financial proposals in the second envelope of all the bidders shall be read
for record purposes. The first and second envelopes shall not be returned to
the bidders.
If a bidder modifies its bid, it must be done before the deadline for
submission and receipt of bids. Modification shall be done through sending
of another bid equally sealed, properly identified, linked to the original bid
and marked as “modification”, and stamped “received” by the BAC.
A bidder may be through through a letter, withdraw its bid, before the
deadline for the receipt of bids. The bidder shall not be permitted to submit
another bid, directly or indirectly, for the same contract.
In case the BAC declares a failure of bidding in this stage of the procurement
process, the BAC’s declaration of failure should be based on the following
grounds:
− No prospective bidder submits a Letter of Intent (in the case of consulting
services) or no bids are received; or
− All prospective bidders are declared ineligible.
STAGE/ACTIVITY DESCRIPTION
21 | P a g e
BID EVALUATION To determine the Lowest Calculated Bid (LCB) or Highest
(Section 30, RA 9184 and Rated Bid (HRB), the BAC shall conduct a detailed evaluation
its IRR) using non-‐discretionary criteria in considering the
completeness of bids and arithmetical corrections.
Bids shall be evaluated on an equal footing to ensure fair and
competitive bid comparison.
A NO CONTACT RULE shall be observed (Refer to Rule IX,
Sections 32 & 33 of the IRR of R.A. 9184).
Generally, members of the BAC, including its staff and
personnel, as well as its Secretariat and TWG, are prohibited
from making or accepting any communication with any
bidder regarding the evaluation of their bids until the
issuance of the Notice of Award (NOA). However, the BAC,
through its Secretariat, may ask the bidder in writing for the
clarification of its bid. All responses to requests for
clarification shall be likewise in writing.4
The BAC shall prepare an Abstract of Bids for procurement
of goods and infrastructure, or a ranking of short-‐listed
bidders in the case of procurement for consulting services,
as calculated, which shall be signed by all the members of the
BAC who are present.
REMINDERS
• Invitation
to
attend
the
Bid
Evaluation
process
should
have
been
received
at
least
three
(3)
calendar
days
prior
to
the
activity.
• Documents
pertinent
to
the
evaluation
should
have
been
received
together
with
the
invitation.
• All
bids
must
be
accompanied
by
a
bid
security
in
the
form
and
amount
prescribed
in
Section
27.2
of
the
revised
IRR
of
R.A.
9184.
Otherwise,
the
BAC
must
automatically
disqualify
the
bid.
• Observe
the
processes
and
procedures
employed
by
the
BAC
and
follow
closely
the
manner
by
which
each
bidder
is
assessed.
• The
evaluation
of
bids
was
completed
no
later
than
seven
(7)
calendar
days
from
the
deadline
of
the
receipt
of
the
proposals.
• Review
the
accuracy
of
the
computations.
4
Section 32.1 of the IRR of R.A. 9184
Procurement Observer’s Guide
22 | P a g e
• In case of discrepancies, the following shall prevail:
-‐ Words over figures;
-‐ Unit prices over total prices;
-‐ Actual Sum of prices of component items over stated total price; and
-‐ Bill of quantities over detailed estimate.
• Indicating no price is considered as non-‐responsive.
• Specifying a “0” or “-‐” means it is offered for free.
• Unless the Instruction to Bidders (ITB) specifically allows partial bids, those not
providing all required items shall be considered non-‐responsive.
• In case the BAC declares a failure of bidding at this stage of the procurement
process, it shall be by reason of failure by all the bids to comply with all the bid
requirements, or in the case of consulting services, there is no successful
negotiation.
• Observers should also follow the NO CONTACT RULE.
Bid Security
Form of Bid Security Amount of Bid Security
(Equal to Percentage of the ABC)
a) Cash or cashier’s/manager’s check
issued by a Universal or Commercial
Bank
b) Bank draft/guarantee or irrevocable Two percent (2%)
letter of credit issued by a Universal or
Commercial Bank5
c) Surety bond callable upon demand Five percent (5%)
issued by a surety or insurance
company duly certified by the
Insurance Commission as authorized
to issue such security
d) Any combination of the foregoing Proportionate to share of form with respect to
total amount of security.
For biddings conducted by local government units (LGUs), the prospective bidder may also submit
bid securities in the form of casher’s/manager’s check, bank draft/guarantee, or irrevocable letter
of credit from other banks certified by the BSP as authorized to issue such financial instrument.
A bidder may submit a Bid Securing Declaration in lieu of a bid security if allowed in the Bidding
Documents. A Bid Securing Declaration is an undertaking which states, among others, that the
bidder shall enter into contract with the procuring entity and furnish the required performance
security within ten (10) calendar days, or less, as indicated in the Bidding Documents, from receipt
of the Notice of Award (NOA). The bidder commits to pay the corresponding fine and be suspended
for a period of time from being qualified to participate in any government procurement activity in
the event it violates any of the conditions stated therein as required by the Guidelines issued by the
5
If
issued
by
a
foreign
bank,
that
it
shall
be
confirmed
or
authenticated
by
a
Universal
or
Commercial
Bank.
6
Section 27.5 of the revised IRR of RA 9184
23
|
P a g e
GPPB.6
STAGE/ACTIVITY
DESCRIPTION
POST- Three
(3)
days
after
receiving
the
notice
from
the
BAC
that
QUALIFICATION
the
bidder
has
the
LCB/HRB,
the
bidder
shall
submit
the
(Section
34,
RA
9184
and
following:
its
IRR)
a) Latest
income
and
business
tax
returns;
b) Certificate
of
PhilGEPS
registration;
and
c) Other
appropriate
licenses
and
permits
required
by
law
and
stated
in
the
Bidding
Documents.
Note
that
failure
to
submit
the
above
requirements
on
time
or
a
finding
against
the
veracity
of
such
shall
be
a
ground
for
the
forfeiture
of
the
bid
security
and
disqualification
of
the
bidder
for
award.
The
BAC
shall
validate
and
ascertain
all
the
statements
and
documents
submitted
by
the
LCB.7
The
BAC
shall
declare
the
LCB
as
the
LCRB
or
the
HRB
as
the
HRRB
if
it
passes
post
qualification.
REMINDERS
Be
prepared
to
join
members
of
the
BAC,
TWG,
and
BAC
Secretariat
in
going
to
the
appropriate
place
where
they
need
to
verify,
validate,
or
ascertain
the
veracity
of
statements
and
documents
submitted
by
the
bidder;
this
includes
the
sworn
affidavit
or
Omnibus
Sworn
Statement
required
under
Section
47,
Rule
XV,
of
the
IRR
with
regard
to
the
disclosure
of
relations
by
bidders.
• If
the
situation
warrants,
conduct
additional
research
to
ascertain
questionable
statements
and
documents
submitted
by
the
bidder.
• The
BAC
should
verify,
validate
and
ascertain
the
following:
That
the
bidder
with
the
LCB
was
not
included
in
any
government
Blacklist.
The
BAC
should
undertake
verification
and
validation
on
the
sufficiency
of
the
bid
security
as
to
type,
form,
amount,
wording
and
validity
period.
The
BAC
should
verify,
validate
and
ascertain
the
legality
of
the
licenses
and
agreements,
among
others,
submitted
by
the
bidder
with
the
LCB.
• The
Procuring
Entity
as
well
as
the
bidders,
suppliers
and
consultants
shall
7
Refer to the Public Bidding Checklist for a detailed manner on conducting post-qualification.
Procurement Observer’s Guide
24 | P a g e
observe
the
highest
standard
of
ethics
during
the
procurement
and
execution
of
the
contract.
Clause
3,
Instruction
to
Bidders
(ITB),
Philippine
Bidding
Documents
(PBD)
for
Goods,
Infrastructure
Projects
and
for
Consulting
Services
4th
Edition,
defines
“corrupt
practice”,
“fraudulent
practice”,
“collusive
practices”,
“coercive
practices”,
and
“obstructive
practice”.
The
PE
will
reject
a
proposal
for
award
if
it
determines
that
the
Bidder
recommended
for
award
has
engaged
in
any
of
the
practices
mentioned
in
Clause
3
of
the
PBDs
for
purposes
of
competing
for
the
contract.
• If
the
bidder
with
the
LCB/HRB
fails
the
criteria
for
post-‐qualification,
the
BAC
should
immediately
notify
the
bidder
in
writing
of
its
post-‐disqualification
and
the
grounds
therefor.
• The
same
post-‐qualification
process
should
be
done
by
the
BAC
to
the
bidder
with
the
next
LCB/HRB
until
the
LCRB/HRRB
is
determined
for
the
award.
• At
this
stage,
the
failure
of
bidding
may
only
occur
if
no
bidder
passed
the
post
qualification
stage.
Other
than
that,
there
should
be
no
other
reason
for
the
declaration
of
a
failure
of
bidding.
STAGE/ACTIVITY
DESCRIPTION
AWARD
OF
The
BAC
recommends
to
the
Head
of
the
Procuring
Entity
CONTRACT
(HOPE)
that
the
contract
be
awarded
to
the
bidder
with
the
(Section
37,
RA
9184
and
Lowest
Calculated
and
Responsive
Bid
(LCRB)
or
Highest
its
IRR)
Rated
and
Responsive
Bid
(HRRB).
In
case
of
approval,
the
HOPE
issues
the
Notice
of
Award
(NOA).
The
NOA
should
be
posted
in
the
PhilGEPS’
website,
PE’s
website,
and
in
conspicuous
places
within
the
PE’s
premises
within
three
(3)
calendar
days
from
its
issuance.
Within
ten
(10)
calendar
days
from
receipt
of
the
NOA,
the
winning
bidder
shall
submit
the
Joint
Venture
Agreement,
if
applicable;
post
the
required
Performance
Security
and
both
parties
shall
enter
into
contract
provided
that
all
the
documentary
requirements
are
complied
with.
Refer
to
Sec.
39
of
the
IRR
of
R.A.
9184
for
a
more
detailed
description
of
the
requirements
for
a
Performance
Security.
The
Notice
to
Proceed
(NTP),
together
with
a
copy
of
the
approved
contract,
shall
be
issued
to
the
successful
bidder
within
three
(3)
calendar
days
from
the
date
of
approval
of
the
contract
by
the
appropriate
government
approving
25
|
P a g e
authority.
The
contract’s
effectivity
date
shall
be
provided
in
the
NTP
by
the
PE.
The
effectivity
date
should
not
be
later
than
seven
(7)
calendar
days
from
its
issuance.
Through
the
BAC
Secretariat,
the
PE
shall
post
a
copy
of
the
NTP
and
the
approved
contract
in
the
PhilGEPS
website
or
PE’s
website
within
15
calendar
days
from
the
issuance
of
the
NTP.
REMINDERS
• Check
if
the
NOA
and
NTP
were
posted
in
the
PhilGEPS
website,
PE’s
website,
and
in
conspicuous
places
within
the
PE’s
premises
within
the
required
calendar
days
after
its
issuance.
• The
decision
of
the
HOPE
or
his/her
duly
authorized
representative
whether
or
not
to
award
the
contract
was
made
within
seven
(7)
calendar
days
from
the
determination
and
declaration
by
the
BAC
of
the
LCRB.
• The
BAC
should
notify
all
losing
bidders
of
their
decision
in
writing
within
the
same
period.
• Failure
of
bidding
at
this
stage
of
the
procurement
process
may
be
declared
by
the
BAC
in
case
the
bidder
with
the
LCRB
or
HRRB
refuses,
without
justifiable
cause,
to
accept
the
award
of
contract,
and
no
award
is
made
in
accordance
with
Section
40
of
R.A.
9184
and
its
revised
IRR.
• If
the
organization’s
monitoring
work
extends
to
project
implementation,
compile
all
documentation/reports
on
procurement
observation
work
and
transfer
these
to
the
person/s
in
charge
of
monitoring
project
implementation.
Performance
Security
Forms
of
Performance
Security
Amount
of
Performance
Security
(Equal
to
percentage
of
the
total
contract
price)
a)
Cash,
cashier’s/
manager’s
check,
bank
draft/
guarantee
confirmed
by
a
universal
or
commercial
bank
Goods
and
Consulting
Services-‐
five
percent
(5%)
b)
Irrevocable
letter
of
credit
issued
by
a
Universal
or
Commercial
Bank8
Infrastructure
Projects-‐
Ten
percent
(10%)
c)
Surety
bond
upon
demand
issued
by
a
Thirty
percent
(30%)
surety
or
insurance
company
duly
certified
by
the
Insurance
Commission
d)
Any
combination
of
the
foregoing.
Proportionate
to
share
or
form
with
respect
to
total
8
If
issued
by
a
foreign
bank,
that
it
shall
be
confirmed
or
authenticated
by
a
Universal
or
Commercial
Bank.
Procurement Observer’s Guide
26 | P a g e
amount of security.
For biddings conducted by local government units (LGUs), the prospective bidder may also submit
performance securities in the form of cashier’s/manager’s check, bank draft/guarantee, or
irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial
instrument.
B. Procurement Timelines
Timelines for the Procurement of Goods and Infrastructure Projects and
Consulting Services (Annex C of the IRR)
• Earliest Allowable Time- Goods
• Latest
Allowable
Time-Goods
Procurement
of
Infrastructure
Projects
with
an
ABC
of
PhP
50
Million
and
below-
Latest
Allowable
Time
27
|
P a g e
Procurement
of
Infrastructure
Projects
with
an
ABC
of
above
PhP
50
Million-
Latest
Allowable
Time
• Earliest
Allowable
Time-Consulting
Services
Procurement Observer’s Guide
28 | P a g e
• Latest
Allowable
Time
–
Consulting
Services
C. Alternative
Methods
of
Procurement
29
|
P a g e
Observers
are
required
to
be
invited
in
the
conduct
of
alternative
procurement
methods
of
Limited
Source
Bidding
and
Negotiated
Procurement
(in
the
case
of
two
failed
biddings).
Below
is
a
more
detailed
discussion
of
each
alternative
method
of
procurement
and
the
corresponding
responsibilities
and
reminders
that
Observers
should
take
into
consideration:
ALTERNATIVE
DESCRIPTION
MODE
LIMITED
SOURCE
As
defined
under
Section
49
of
the
IRR
of
RA
9184,
Limited
BIDDING
Source
Bidding,
otherwise
known
as
selective
bidding,
is
a
method
of
procurement
of
goods
and
consulting
services
that
involves
direct
invitation
to
bid
by
the
procuring
entity
from
the
list
of
pre-‐selected
suppliers
or
consultants
with
known
experience
and
proven
capability
on
the
requirements
of
the
particular
contract.
This
alternative
method
of
procurement
may
be
employed
under
any
of
the
following
conditions:
a)
Procurement
of
highly
specialized
types
of
goods
(e.g.,
sophisticated
defense
equipment,
complex
air
navigation
systems,
coal)
and
consulting
services
where
only
a
few
suppliers
or
consultants
are
known
to
be
available,
such
that
resorting
to
the
public
bidding
method
will
not
likely
result
in
any
additional
suppliers
or
consultants
participating
in
the
bidding;
or
b)
Procurement
of
major
plant
components
where
it
is
deemed
advantageous
to
limit
the
bidding
to
known
qualified
bidders
in
order
to
maintain
uniform
quality
and
performance
of
the
plant
as
a
whole.
The
pre-‐selected
suppliers
or
consultants
shall
be
those
appearing
in
a
list
maintained
by
the
relevant
government
authority
that
has
expertise
in
the
type
of
procurement
concerned.
The
list
of
pre-‐selected
suppliers
or
consultants
shall
be
updated
periodically.
A
copy
of
the
list
shall
be
submitted
to,
and
maintained
updated
with,
the
GPPB.
According
to
Section
49.4
of
the
IRR
of
RA
9184,
“all
other
procedures
for
competitive
bidding
shall
be
undertaken,
except
for
the
advertisement
of
Invitation
to
Bid/Request
for
Expression
of
Interest
under
Section
21.2.1
of
this
IRR.)”.
This
means
that
the
requirement
to
invite
independent
observers
from
COA,
and
two
(2)
others
from
a
duly
recognized
private
group
in
a
sector
or
discipline
Procurement Observer’s Guide
30 | P a g e
relevant to the procurement at hand and a non-‐government
organization (NGO) shall apply to all the other
stages/procedures.
Note:
For a complete understandin of the requirements for the
conduct of Limited Source Bidding, please refer to the
“Guidelines Amending the Pre-‐Selection Procedure in the
Conduct of Limited Source Bidding”, GPPB Resolution No.
06-‐2012 dated 30 March 2012.
REMINDERS
• The
Procuring
Entity
through
the
BAC
shall
request
the
presence
of
the
Observers
by
sending
them
invitation
letters
at
least
three
(3)
calendar
days
before
the
date
of
the
procurement
stage/activity.
In
the
case
of
limited
source
bidding
this
should
be
at
least
three
(3)
days
before
the
direct
invitation
to
bid
is
issued
by
the
procuring
entity
to
prospective
bidders
drawn
from
the
list
of
pre-‐selected
suppliers
or
consultants.
• Observers
should
be
vigilant
and
verify
whether
the
conditions
for
limited
source
bidding
as
established
in
the
IRR
of
R.A.
9184
were
met
and
that
the
resort
to
such
method
was
justifiable.
• Observers
should
also
determine
whether
the
pre-‐selection
of
suppliers
and
consultants
are
in
accordance
with
the
procedures
provided
for
in
the
IRR
and
the
Guidelines.
• Observers
should
be
guided
by
procedures
applicable
to
procurement
stages
for
competitive
bidding
from
the
conduct
of
a
pre-‐bid
conference
to
award
of
the
contract.
• The
Procuring
Entity
as
well
as
the
bidders,
suppliers
and
consultants
shall
observe
the
highest
standard
of
ethics
during
the
procurement
and
execution
of
the
contract.
• The
BAC
should
ascertain
that
all
Bidders
found
to
have
conflicting
interests
are
disqualified
to
participate
in
the
procurement
at
hand.
(Paragraph
4,
Instruction
to
Bidders,
PBDs
for
Goods,
and
Paragraph
2,
Instruction
to
Bidders,
PBDs
for
Consulting
Services).
• It
should
be
verified
by
the
BAC
that
the
requirements
of
Section
47
of
the
IRR
with
regard
to
the
disclosure
of
relations
by
bidders
are
complied
with.
The
Observer
should
satisfy
himself
that
any
bidders
related
within
the
third
civil
degree
of
consanguinity
or
affinity
to
the
HOPE,
members
of
the
BAC,
the
TWG,
and
the
BAC
Secretariat,
the
head
of
the
PMO
or
the
end-‐user
unit,
and
the
project
consultants,
are
automatically
disqualified.
31
|
P a g e
Clause
3,
Instruction
to
Bidders
(ITB),
Philippine
Bidding
Documents
(PBD)
for
Goods,
Infrastructure
Projects
and
for
Consulting
Services
4th
Edition,
defines
“corrupt
practice”,
“fraudulent
practice”,
“collusive
practices”,
“coercive
practices”,
and
“obstructive
practice”.
The
PE
will
reject
a
proposal
for
award
if
it
determines
that
the
Bidder
recommended
for
award
has
engaged
in
any
of
the
practices
mentioned
in
Clause
3
of
the
PBDs
for
purposes
of
competing
for
the
contract.
ALTERNATIVE
DESCRIPTION
MODE
NEGOTIATED Negotiated Procurement is a method of procurement that
PROCUREMENT – may be resorted to under the extraordinary circumstances
TWO FAILED provided in Section 53 of RA 9184 and its IRR, whereby the
BIDDINGS PE directly negotiates a contract with a technically, legally,
and financially capable supplier, contractor, or consultant.
The alternative method of negotiated procurement is
allowed in a case of two failed biddings. This occurs when
there has been failure of public bidding for the second time
as provided in Section 35 of the Act and the IRR.
In the conduct of a negotiated procurement in case of two
(2) failed biddings, Section 53, Para 53.1.6 requires that
observers shall be invited in all stages of the negotiations.
REMINDERS
• The
Procuring
Entity
through
the
BAC
shall
request
the
presence
of
the
Observers
by
sending
them
invitation
letters
at
least
three
(3)
calendar
days
before
the
date
of
the
procurement
stage/activity.
In
the
case
of
negotiated
procurement
after
two
(2)
failed
biddings
this
should
be
at
least
three
(3)
days
before
the
direct
invitation
to
engage
in
negotiations
is
issued
by
the
procuring
entity
to
a
short
list
of
selected
suppliers,
contractors
or
consultants
potential
bidders
who
shall
be
of
sufficient
number
to
ensure
effective
competition.
• Observers
should
be
vigilant
and
ascertain
whether
the
BAC’s
declaration
of
two
(2)
failed
biddings
are
in
accordance
with
Section
35
-‐
Failure
of
Bidding
of
the
IRR
of
RA
9184.
• Observers
should
also
review
and
verify
from
the
Minutes
of
the
Meeting
and/or
Bid
Evaluation
Reports
of
the
previous
two
(2)
failed
biddings
whether
these
were
conducted
in
accordance
with
the
bidding
procedures
specified
in
the
IRR
of
RA
9184,
especially
if
no
independent
CSO
Observers
were
previously
invited.
Procurement Observer’s Guide
32 | P a g e
• The
BAC
shall
conduct
a
mandatory
review
of
the
terms,
conditions,
specifications
and
cost
estimates
as
prescribed
in
Section
35
of
the
IRR
of
RA
9184
and
agree
on
minimum
technical
specifications,
and
if
necessary,
adjust
the
ABC,
subject
to
the
required
approvals..
However,
the
ABC
cannot
be
increased
by
more
than
twenty
percent
(20%)
of
the
ABC
for
the
last
failed
bidding.
• In
the
case
of
infrastructure
projects,
bona
fide
contractors
licensed
with
the
CIAP
whose
eligibility
documents
are
on
file
with
the
procuring
entity
concerned
or
the
Department
of
Public
Works
and
Highways
(DPWH)
Contractors’
Registry,
as
the
case
may
be,
and
who
have
been
classified
under
the
type
of
contract/project
where
the
subject
contract
falls
are
eligible
to
be
invited
for
negotiation.
Other
contractors
not
previously
deemed
eligible
may
also
apply
for
eligibility.
• Observers
should
ascertain
that
the
Procuring
Entity
maintains
a
registry
of
suppliers,
contractors,
and
consultants
which
shall
be
the
basis
for
drawing
up
the
short
list
and/or
selecting
the
suppliers,
contractors,
and
consultants
for
negotiations.
• The
procuring
entity
should
see
to
it
that
any
and
all
information
relative
to
the
negotiations
that
are
communicated
on
an
equal
basis
to
all
other
suppliers,
contractors,
or
consultants
engaging
in
negotiations
with
the
procuring
entity
relative
to
the
procurement.
• The
procuring
entity
shall
select
the
successful
offer
on
the
basis
of
the
best
and
final
offers
of
the
suppliers,
contractors
or
consultants
remaining
after
negotiation
proceedings
which
meets
the
PE’s
minimum
technical
requirements
without
exceeding
the
ABC.
• The
Procuring
Entity
as
well
the
suppliers,
contractors
and
consultants
selected
for
negotiations
observe
the
highest
standard
of
ethics
during
the
procurement
and
execution
of
the
contract,
and
that
the
principles
of
transparency,
accountability,
economy
and
efficiency
are
followed.
CHAPTER
3
WHY
REPORT?
As mentioned in the introduction to this Guide, the provision allowing Observers in
government procurement activities has been considered a noble and exceptional
feature of the GPRA that other countries admire. It was intended to enhance and
promote transparency, accountability and efficiency in procurement. The presence of
CSOs and other stakeholders in the procurement activities ensures public oversight
and monitoring of the procurement process.
A. Significance of an Observer’s Report
Preparing and filing an Observer’s Report is significant in so many ways.
1. Feedback to the Procuring Entity
Aside from serving as documentation of the conduct of the procurement
process, including any irregularities committed therein, the filing of the
Observer’s Report is a means for the government agencies concerned to
improve their processes with regard to gaps and deficiencies observed.
Reports and feedbacks from observers, whether positive or negative,
would give procuring entities an opportunity to address identified
challenges and sustain observed strength.
2. Ensuring Integrity
The filing of an Observer’s Report can result to the filing of the
corresponding administrative or criminal complaint against BAC
Members, the BAC Secretariat or TWG, or anyone involved in the
procurement process found violating any provision of R.A. 9184 and its
revised IRR, R.A. 3019 (“Anti-‐Graft and Corrupt Practices Act”), or R.A.
6713 (“Code of Conduct and Ethical Standards for Public Officials and
Employees”). A bidder who commits a violation of RA 9184 and its
revised IRR may be held criminally liable and may also be blacklisted
from participating in all government procurement activities.
Accordingly, those who do not deserve to be involved in government
procurement are effectively weeded out from the process. Since the
Office of the Ombudsman is furnished a copy of the Observer’s Report,
administrative or criminal complaints against erring procurement
officials and private entities colluding with them can be acted upon by
34 | P a g e
the authorities concerned. With the presence of Observers in the
procurement activities, officials may capitalize on this opportunity to
improve their procurement processes and strengthen their capacity
towards a more efficient, transparent, competitive and accountable
procurement regime.
3. Policy Changes and Improvements
Since a copy of the Observer’s Report is likewise given to the GPPB, it
can also serve as an effective tool for procurement policy change,
enhancement and development. R.A. 9184, including its revised IRR and
other associated rules and procedures, like any other law, needs
constant study and review to ensure that the policies the law seeks to
enforce are still attuned with the times and the needs of the government.
Through the accurate documentation made by independent Observers,
policy changes and improvements can be effected to make R.A. 9184 and
its revised IRR more reflective of the needs in the government and its
citizens.
B. Challenges in Filing Observer’s Report
As early as 2006, the Office of the Ombudsman crafted Department Order No.
66, which institutionalized a feedback and complaints mechanism designed to
specifically address procurement-‐related cases. Notwithstanding such
mechanism, available reports have it that Observers failed to effectively utilize
such feedback mechanism due to the apparent comfort to provide only verbal
feedback to agencies.
The Bureau of Resident Ombudsman (BRO) has since been the keeper of the
procurement reports filed by Observers or CSOs. However, exact figures on the
number of reports filed in the Ombudsman are not available. It was even
reported that only two (2) reports have been received by the Ombudsman in
2008, and the reports are not even substantial. On the other hand, the GPPB
receives a very small number of Observer’s Reports every year. The GPPB
received only four (4) reports in 2010, eight (8) in 2011, and one (1) to date.
The figures above glaringly shows that if we truly want to achieve
transparency, accountability, and efficiency in government procurement,
gathering of information and filing of Observer’s Reports is one area that the
CSOs or NGOs must develop and improve. While preparation and submission of
reports may be tedious and cumbersome, continuous training and capacity
building would address these weaknesses.
Another challenge faced by Observers in filing Observer’s Reports is the power
and authority given to them by law. It has been cited that the ability to disclose
or hide irregularities immediately bestows Observers with significant
responsibility and this potentially opens up new avenues for corruption or
threats. This threat however, is mitigated by safeguards such as the Observer’s
execution of a Conflict of Interest Form and by the fact that in addition to the
35 | P a g e
two (2) independent observers a duly recognized private group in a sector or
discipline relevant to the procurement at hand, a representative from the COA
shall likewise be invited.
Procurement Observer’s Guide
CHAPTER 4
CODE OF CONDUCT FOR OBSERVERS
A. Code of Conduct
Aside from being keen on the procurement process and taking note of how
consistent the procuring entity relative to compliance with the procurement
law, rules, and regulations, it is also important for an Observer to follow a Code
of Conduct:
1. Respect for the Rule of Law.
In the performance of their duties, and at all times, Observers must
respect the laws and the authority of the agencies charged with
administering the procurement process. Observers must likewise
maintain a respectful and cordial attitude toward procurement officials
and other government officials.
2. Professionalism.
Observers should conduct themselves with a high degree of
professionalism at all times. Observers must undergo training so as to
acquire the degree of procurement expertise and knowledge required
by the law. They must, at all times, uphold their ethical and moral
obligations as Procurement Observers.
3. Competence.
Observers must exercise utmost efficiency and effectiveness in the
performance of their duties and responsibilities. Observers must ensure
that all of their observations are true, accurate and well-‐documented for
the effective monitoring of the procurement process.
4. Dedication.
Observers must show the highest degree of commitment and dedication
in the performance of their duties and responsibilities. They should
uphold the guiding principles of R.A. 9184 in the performance of their
duties, i.e. accountability, transparency, efficiency, etc., and encourage
adherence by others as well.
37 | P a g e
5. Honesty and Integrity.
Observers should conduct themselves with utmost integrity. They must
have the trust and confidence of the BAC. In so doing, they should help
maintain and enhance public confidence in the integrity of the
procurement process and advance the good of the community by being
objective and acting in accordance with the spirit and letter of the law.
6. Diligence.
Observers should exercise proper diligence and attention in the
performance of their duties and obligations.
7. Accountability.
Observers should be answerable or responsible to the public, as well as
to the organization they represent, for their actions and decisions, and
the consequences thereof, in the performance of their duties and
obligations as Observers.
8. Punctuality.
Observers must be punctual in their attendance in the bidding activities.
They must fulfill their reportorial obligations on time so as not to delay
any action on the part of the agencies in charge of monitoring
compliance and/or investigating irregularities and violations of the law.
Non submission of report by the observer shall mean that the bidding
activity conducted by the BAC followed the correct procedure.
9. Impartiality.
Observers’ judgments must be based on the highest standards for
accuracy of information and impartiality of decision-‐making. CSOs and
NGOs to which the Observers belong must ensure their neutrality and
independence at all times. Observers must always be objective in the
appreciation of facts, letting go of personal beliefs and biases. Potential
and actual conflicts of interest must always be disclosed by the
Observer’s to the Procuring Entity concerned.
10. Proper Personal Behavior.
Observers must maintain proper personal behavior at all times.
Observers must always exercise sound judgment in their personal
interactions with BAC Members, Secretariat, TWG and other officials of
the Procuring Entity concerned. Proper attire and decorum must be
followed while performing their duties.
Procurement Observer’s Guide
38 | P a g e
B. Prohibited Acts
1. Prohibition on Conflict of Interest
The Observer has the duty to be honest about his/her qualifications,
and about any circumstance that may lead to a conflict of interest.
Protocols must be laid down within the CSOs or NGOs on preserving
their neutrality and independence.
2. Prohibition on Kickbacks and Acceptance of Gratuities
Observers are prohibited to solicit or assist in securing a contract for a
commission, brokerage or contingent fee or the promise of such
payments, or non-‐monetary benefits or the promise of such benefits.
Observers are likewise prohibited to solicit and accept gratuities, favors
or anything of monetary and non-‐monetary value, including meals and
rides, from contractors, potential contractors, or parties to sub-‐
agreements. Taking bribes is not only strictly prohibited, but it is evil in
itself, and Observers must always be firm in refusing bribes and
steadfast in not accepting them.
3. Prohibition on Discussing Detailed Information
Observers are prohibited to formally or informally discuss with the
bidders, detailed information related to the procurement once the bids
are opened until the issuance of the Notice of Award, in support of the
“no contact rule” under R.A. 9184 and its revised IRR. The Observers
shall not allow themselves to be used to circumvent the law.
REMINDERS
Detailed
information
includes,
but
is
not
limited
to,
the
following:
a. Advance
Information
;
b. Confidential
or
proprietary
information
about
other
bidders;
c. Technical
information;
and
d. Updates
on
decisions
made
by
the
BAC.
C. Observer’s
Dos
and
Don’ts
Below
is
a
simple
checklist
following
the
Code
of
Conduct
for
Observers:
DO’s:
DON’Ts:
39
|
P a g e
• Acknowledge receipt of invitation. • Don’t come unprepared.
Be on time.
• Know
your
role
and
rights
as
• Don’t
engage
in
a
debate
with
the
observer.
BAC.
• Bring references that you may need. • Don’t express your own opinion.
• Disclose conflict of interest. • Don’t be combative.
• Politely call the attention of BAC. • Don’t be complacent.
Cite the applicable laws and rules.
• Be assertive and persuasive. • Don’t engage in fishing expedition.
• Strictly
observe
and
comply
with
• Don’t
accept
favors/gifts
from
the
the
confidentiality
agreement.
BAC
or
supplier
or
from
anyone
involved
in
the
bidding.
• Refuse
to
accept
monetary
consideration
or
any
form
of
favor
or
gift
or
token.
• Prepare reports. Take note of
critical observations.
• Inhibit oneself in case of a possible
conflict of interest in the event that
one is related to any of the bidder or
one has a personal interest in the
item to be bid out or if in case there
is a personal relationship with the
BAC members.
Procurement Observer’s Guide
CHAPTER 5
TOOLS AND INSTRUMENTS
Chapter
5
features
some
tools
and
instruments
related
to
procurement
that
can
further
assist
Observers
in
their
work
that
contributes
to
the
larger
goal
of
maintaining
integrity
and
improving
efficiency,
transparency,
competition
and
accountability
in
government
procurement.
A. Copy
of
Republic
Act
No.
9184
and
its
Implementing
Rules
and
Regulations
Bring
a
copy
of
the
RA
9184
and
its
IRR.
Observers
are
not
expected
to
be
legal
nor
procurement
experts.
Hence,
it
is
imperative
that
Observers
have
a
copy
of
the
law
that
is
handy.
This
way,
the
Observer
can
always
refer
to
it
in
cases
of
doubt
in
his
own
judgment.
B. Checklist
of
Basic
Documents
Use
a
checklist.
It
will
serve
as
a
guide
to
make
sure
the
Observer
does
not
miss
anything.
The
checklist
determines
the
presence
or
absence
of
important
documents
as
shown
in
the
table
below.
This
may
be
expanded
depending
on
what
can
help
you
best.
Sample
Checklist:
Presence
or
Absence
of
Documents
(put
a
check
if
available;
cross
if
unavailable)
Annual
Procurement
Plan
and
Project
Procurement
Management
Plan
Minutes of BAC Meetings
Abstract of Bids as Read and Abstract
of Bids as Evaluated
Opened Proposals
Post-qualification Summary Report
41 | P a g e
C. Conflict of Interest Form
The Observer must complete a Conflict of Interest Form, indicating, among
others, the areas of conflict, if any. The BAC should prepare the Conflict of
Interest Form. If the BAC does not prepare a Conflict of Interest Form, the CSO
Observer may prepare one following the Sample Form provided below. An
observer may indicate in one Conflict of Interest Form several contracts or
projects for procurement for which an Invitation has been extended.
Below is a Sample Conflict of Interest Form that the Observer may use.
Name: Date:
Civil Society Organization/Non-‐governmental organization:
Procuring Entity:
Project Name:
1. Do you have any relationship with the Head of the Procuring Entity, BAC Member,
Secretariat, TWG, Head of the PMO or end-‐user unit, or project consultants within the
3rd degree of consanguinity or affinity?
2. Do you have any significant financial or business interests that would reasonably appear
to be affected by the activities you would undertake as an Observer? If yes, provide
additional information.
3. Explain the nature of any potential conflict of interest that you may have in relation to
the activities you would undertake as an Observer. Use additional sheets, if necessary.
Signature: Date:
REMINDERS
• The Conflict of Interest Form must be filled up accurately, and must be
updated when any change in the circumstances of the Observer occurs.
• The BAC must review the statements declared in the Conflict of Interest
Procurement Observer’s Guide
42 | P a g e
Form prior to the Observer’s participation in the procurement process to
ensure that any actual or potential conflict of interest has been properly
identified and addressed.
• The Observer shall be prohibited from participating in the procurement
process in the particular project to be procured, in the event that there
exists an actual or potential conflict of interest on the Observer’s part as
properly identified by the BAC. The CSO/NGO invited shall send another
Observer, with no conflict of interest, as temporary replacement for the
procurement of the item concerned.
• The Procuring Entity may provide additional prohibitions and sanctions
relative to actual, apparent, or potential conflict of interest.
D. Procurement Observer’s Report (POR)
Fill out the Observer’s Report. The Observer may use this to determine
compliance by the Procuring Entity with procurement processes and
procedures and to analyze data gathered during each bidding stage. You may
also expand the POR depending on what can help best evaluate the
effectiveness of procurement practices of various government agencies.
Observers, in cooperation with an agency, may assist in validating the results
of this self-‐assessment tool.
Sample POR template
OBSERVER’S REPORT
“[Observer’s] report shall assess the extent of the BACs compliance with the provisions of
this IRR and areas for improvement in the BAC’s proceedings.” (Sec. 13.4)
Procuring Entity
Head of Procuring Entity
BAC Chairman
Project Name (ID No.)
PhilGEPS Reference No.
Approved Budget
I. Bidding Procedures
43 | P a g e
Procurement Type
(Goods, Infra, Services)
Procurement
Process
Method
(Public
Bidding
or
Alternative
Mode)
II. Details
of
Procurement
Stage
Attended
and
Observations
Made
Date
Time
Place
Procurement
Stage
Where
there
GPRA/IRR
any
deviations
Provisions
observed?
(Yes
Violated
(if
or
No)
any)
Advertisement
Pre-‐Bid
Conference
Bid
Submission
&
Opening
Post-‐Qualification
Awarding
of
Contract
III. Highlights
of
Each
Stage
of
Procurement
Stages
of
Procurement
Notes
Advertisement
Pre-‐Bid
Conference
Bid
Submission
&
Opening
Post-‐Qualification
Awarding
of
Contract
IV. Other
Details
of
the
Procurement
Process
Average
Number
of
Bidders
Acquiring
Bidding
Documents
(Those
that
have
bought
bidding
documents)
Average
Number
of
Bidders
submitting
bids
Procurement Observer’s Guide
44 | P a g e
Average Number of Bidders
passing preliminary examination
of bids
Average Number of days from
posting to Contract award
(Average) Number of days to
resolve request for
reconsideration/protest (If
applicable)
Respectfully submitted by:
Observer
Date:
Cc.: BAC Chairman
Head of Procuring Entity
E. Agency Procurement Compliance and Performance Indicators (APCPI)
The GPPB approved the use of a tool called APCPI to assess a government
agency’s performance in its procurement activities and compliance with
national procurement systems and international best procurement practices.
The APCPI is derived from the Baseline Indicator System (BLI) and Compliance
and Performance Indicator (CPI) System prescribed under OECD-‐DAC
Methodology for the Assessment of National Procurement Systems where the
Philippines served as a pilot country. It is also a modification of the Agency
Procurement Performance Indicators (APPI) and the Online Monitoring and
Evaluation System (OMES) previously used by the GPPB to evaluate the
effectiveness of procurement practices of various government agencies. The
APCPI System was adopted by the GPPB for use by government agencies, as set
forth in GPPB Resolution No. 10-‐2012, dated June 1, 2012
The confirmation process is an important feature of the APCPI Assessment
which highlights procurement transparency, public monitoring and
accountability. Observers may join the Confirmation Team which shall take
the role of an independent entity that will carry on the task of confirming the
assessment results of the PE. This Team shall be responsible to check the
APCPI results of the procuring entity in terms of completeness, correctness,
consistency and responsiveness.
CHAPTER 6
OTHER SUGGESTED ACTIVITIES
Although
the
most
important
and
primary
task
of
an
Observer
is
to
record
his/her
accounts
of
the
manner
by
which
a
procuring
entity
conducted
its
procurement,
there
are
other
efforts
that
the
organization
may
want
to
do
to
be
more
effective
in
its
effort
to
contribute
to
procurement
reform.
This
Chapter
enumerates
some
of
these
activities
which
are
mostly
organizational
or
administrative.
A. Tracking
System
Organizations
must
validate
the
accuracy
and
completeness
of
the
observation
reports
before
submitting
a
copy
to
the
head
of
the
procuring
entity
and
the
agency’s
resident
Ombudsman
or
the
Ombudsman
for
Luzon,
Visayas,
Mindanao
depending
on
its
location.
Tracking
is
important
to
record
all
correspondences/
communications
with
government
and
the
actions
taken.
It
is
also
useful
for
purposes
of
recording
the
organization’s
activities
and
progress
in
its
procurement
monitoring
work.
You
can
use
the
sample
template
below
in
tracking
the
reports.
Sample
Tracking
List:
Reference/
Agency
Summary
Status/Date
Report
No.
0001 Procurement alleged overpriced 7 March 2009 – letter of
City lamp posts inquiry sent to the
Mayor’s office
Keep the tracking simple. Include a reference number, name of agency, a brief
summary of the issue or concern, and important dates, particularly, the report
submission and reply of the PE.
If the organization is satisfied with the PE’s reply, it may send a thank you
letter. Otherwise continue to follow-‐up until the issue is resolved.
It will also help if tracking lists are copy-‐furnished to the GPPB for appropriate
guidance and/or action.
46 | P a g e
B. Record Keeping
The organization will collect and generate various types of information in the
process of participating in the different stages of procurement and establishing
networks. It must be kept to provide quick and easy reference for reviews,
studies, performance benchmarking, and decision-‐making.
The system of recording and managing of information may be done as follows:
Description
Type of Retention
of Origin Receiver Custody Storage
information Period
information
C. Disclosure
Policy
Some
information
may
be
sensitive,
confidential,
or
sourced
through
unconventional
means.
The
organization
must
exercise
prudence
in
releasing
the
information
to
the
public.
As
a
matter
of
policy,
it
should
be
released
only
after
a
thorough
verification
and
deliberation
by
the
organization
of
the
possible
impact
of
releasing
the
same.
D. Reporting
to
the
Public
CSOs
have
to
regularly
engage
the
public
at
large
to
share
relevant
information
obtained
in
the
course
of
procurement
observation.
In
addition,
reporting
to
the
public
may
encourage
more
volunteers
to
step
up
and
participate.
The
following
methods
may
be
utilized
by
CSOs
to
disseminate
relevant
information
to
the
general
public
aside
from
means
they
are
already
familiar
with:
1. Communicating
messages
via
press
statements
is
a
good
strategy.
An
organization
who
would
like
to
do
this
should
first
consult
its
partners,
validate
information
that
will
be
released
and
cite
provisions
of
law
if
necessary.
It
should
also
take
note
of
the
following
when
drafting
a
PR
and
may
look
at
the
sample
PR
below,
thus
the
PR
must
contain:
a. Factual
and
objective
information
b. Constructive
feedbacks
c. Identifiable
contact
information
d. Simple
language
47
|
P a g e
e. Exact
quotes
SAMPLE
PRESS
RELEASE
Philippine
Procurement
Network-
BISDAK
Group
September
1,
2010
Anti-corruption
advocates
cry
foul
over
medicine
scam,
vows
to
file
charges
to
LGU
Execs/Contractors
Anti-‐corruption
advocates
in
Mindanao
recently
vows
to
file
corruption
charges
to
LGU
execs
in
General
Santos
City
and
business
contractors
following
accusations
of
anomalous
public
bidding
involving
hundreds
of
thousands
of
pesos
worth
of
medicines
for
the
General
Santos
City
Hospital.
According
to
Mr.
Geroncio
Ohayas,
Coordinator
of
the
P2N
BISDAK
Group,
the
anomaly
includes
the
procurement
of
gentamicin
sulfate
and
cloxacillin
sodium
drugs
amounting
to
150,000
pesos
which
the
General
Santos
Medical
Society
President
Dr.
Cristita
Epal
considers
as
fake.
BAC
Observer
and
P2N
affiliate
Ms.
Lota
Agbulos
claims
that
there
are
violations
committed
both
by
the
Supplier-‐
DMI
Medical
Supplies
and
the
LGU
BAC
on
the
provisions
of
the
RA
9184
particularly
on
the
specifications
of
goods
as
per
reflected
in
the
original
bid/contract
documents.
The
P2N
Bisdak
Group
is
a
network
of
citizen
volunteers
observing
the
compliance
of
government
agencies
to
procurement
laws
in
Mindanao.
Contact:
Ms.
Ann
Patricia
Felicio
Media
Officer,
P2N
Bisdak
Group
Contact
Number:
0900-000-00-00
2. Broadcasting
messages
through
radio
and
television
may
also
be
used
by
CSOs
making
sure
that
their
messages
are
:
a. Short
and
concise
so
as
not
to
confuse
audience
with
too
much
information.
b. Using
simple
and
straightforward
language.
c. Offers
specific
and
practical
suggestions
or
options.
d. Organized
clearly
and
logically.
3. Conducting
symposiums,
forums,
conferences,
and
similar
activities
may
also
be
done
to
increase
local
awareness
and
attract
people
to
become
actively
involved
as
procurement
Observers.
4. Messages
may
also
be
disseminated
using
the
Internet
through
social
networking
sites
and
other
websites
to
promote
information
on
public
procurement
reforms.
Procurement Observer’s Guide
48 | P a g e
5. Other mechanisms can also be put in place such as designating a
spokesperson or forming a public relations committee to facilitate
better media relations in the future. All in all, public reporting becomes
a critical if not an integral part of an organizations’ involvement in
public procurement activities as it helps strengthen efforts to maintain
transparency and accountability of all those involved.
The Baba’s Foundation Experience
Information
CSO: Baba’s Foundation Inc. (BFI) is currently heading the Secretariat for the Davao Procurement
Transparency Core Group (DPTCG)
Years: 2009-‐2010
Country: Mindanao, Philippines
Amount:
Sector: Civil Society Monitoring of Public Procurement and Auctions
Corruption Problem: Widespread corruption in government procurement throughout the Philippines
Tools employed: Capacity Building, Third Party Monitoring, Constructive Engagement, Coalition
Building, Community Mobilization, Structured Consultation Process
To help curb – if not stop this type of corruption – DPTCG is organizing and enhancing the capacity of
civil society organizations (CSOs) in the Davao Region of Mindanao, by mobilizing them as observers
during bidding and procurement processes carried out by government agencies. As mandated under
the Philippine’s Government Procurement Reform Act, CSOs may designate observers to monitor all
phases of the bidding procurement process, including contract implementation by winning bidders.
Actions Taken by BFI
The engagement of CSOs as observers during all stages of government procurement processes is
DPTCG’s principal approach toward addressing corrupt practices. In the initial phase of the program,
there was resistance on the part of government entities to invite civil society organizations as
observers, even if the Government Procurement Reform Act required them to do so.
To soften any resistance, several dialogues, fora and other interface activities were initiated by DPTCG,
inviting server heads and key personnel of different government agencies.
Through these activities, the efforts of the CSOs were appreciated by the attending government
agencies, and both CSOs and government agency representatives came up with their ideal concepts of
“good government”, which included the goal of a corruption-‐free nation. The participation of academia
and the private sector proved to be an effective strategy to facilitate dynamic and progressive thinking
and the development of action steps to combat corruption in the procurement system. In order to elicit
government agencies to commit to the path of good governance chosen, DPTCG initiated the crafting
and signing of a Memorandum of Agreement, an ethical code to be adopted by participating entities.
When, as a result of volunteer monitoring, a case of corruption had been discovered, DPTCG submitted
its report to the Office of the Ombudsman.
Impact and Results Achieved
As a result of the participation of CSOs and pressure exerted to assert due diligence in government
procurement, procurement has become more transparent and most of the agencies are now following
proper procedures. In some agencies, CSO observers reported that there is a considerable decrease in
the complaints about “syndicated” bidding procedures, reducing the prevalence of bidders who have
49 | P a g e
already been awarded with a procurement contract long before the bidding processes has actually
finished.
Several CSOs reported that as a result of their vigilance in the monitoring of the construction of a
government building, the budget had been utilized as laid out in the original project plan, resulting in
better quality of construction and – in other instances – in better services for the population.
Another observed impact, has been the growing number of government procuring agencies that are
open to the presence and participation of CSOs as observers of the Bids and Awards Committees (BAC).
In the initial phase of the project, only 7 government agencies were receptive, most of them from Davao
City. Currently, some 18 government agencies are inviting DPTCG to send BAC observers during all
phases of the bidding process, and several invitations have been received from provinces around the
Davao Region. DPTCG currently prioritized third party monitoring of the five top procuring entities and
local government units in each city or province within the Davao Region to guarantee focus, results and
in-‐depth participation.
Another achievement of the project is the creation of city and provincial integrity boards, initiatives for
collaboration amongst CSOs, local government units and other stakeholders in each locality to maintain
and sustain the mechanisms of combating corruption.
Procurement Observer’s Guide
ANNEX A
SAMPLE FORM OF CONFIDENTIALITY AGREEMENT
CONFIDENTIALITY AGREEMENT
This CONFIDENTIALITY AGREEMENT (hereinafter “Agreement”) is made and entered into
this [date] day of [month], [year], by and between:
[First party’s details]
and
[Second party’s details].
DEFINITION OF CONFIDENTIAL INFORMATION
1. As used in this Agreement, “confidential information” shall mean all information and
materials including, without limitation, market analyses, cost estimates, technical
specifications, evaluation criteria and results, and any documentation, analyses,
compilations, forecasts, studies or other procurement-‐related documents prepared
based on any of the foregoing that is provided by the party disclosing (“Disclosing
Party”) to the party receiving (“Receiving Party”) information under this Agreement,
whether oral, written, or in any other medium.
HANDLING OF CONFIDENTIAL INFORMATION
2. The Receiving Party shall maintain the secrecy of the Disclosing Party’s Confidential
Information and shall exert all reasonable efforts to preserve the confidentiality of
such information, including, but not limited to, the implementation of reasonable
physical security measures and operating procedures.
3. The Receiving Party agrees that at all times and notwithstanding any termination or
expiration of this Agreement, it will hold in strict confidence and not disclose to any
third party all Confidential Information received from the Disclosing party, except as
approved in writing by the latter. The receiving party shall be prohibited from using
the Confidential Information for purposes other than compliance with its obligations
as an Observer under Republic Act 9184 and its Implementing Rules and Regulations.
4. Access to Confidential Information of the Disclosing Party shall only be granted by the
Receiving Party to its employees or authorized representatives, when their
knowledge of such information becomes necessary, provided that such persons have
signed confidentiality agreements or are otherwise bound by confidentiality
obligations which contain the minimum terms, restrictions and limitations provided
herein.
PERIOD AND TERMINATION
5. This Agreement shall be effective for a period of ____, and shall automatically
terminate thereafter. Notwithstanding the termination or expiration of this
agreement, all obligations contained herein shall remain valid, effective and binding
upon the Receiving Party, his successors and assigns.
6. Upon termination or expiration of this Agreement, or otherwise upon the Disclosing
Party’s request, all Confidential Information furnished to the Receiving Party shall be
promptly returned to the Disclosing Party, or at the Disclosing Party’s express
request, shall be destroyed. In case of destruction as requested by the Disclosing
Party, the same shall be confirmed in writing by the Receiving Party.
EQUITABLE REMEDIES
7. The Receiving Party acknowledges that any breach of this Agreement may cause
irreparable harm to the Disclosing Party for which the latter is entitled to seek, among
others, indemnification for damages, as well as injunctive or other equitable remedies
as may be allowed by law.
MISCELLANEOUS
8. The Receiving Party shall not transfer or assign this Agreement to any other person or
entity, whether by operation of law or otherwise, without the prior written consent of
the Disclosing Party. Any such attempted assignment shall be void and of no effect.
9. In case any provision of this Agreement is declared by a competent authority to be
unenforceable or invalid, such declaration shall not render this Agreement
unenforceable or invalid as a whole. The unenforceable or invalid provision shall be
changed and interpreted so as to best accomplish the objectives of such provision,
subject to existing laws, rules and regulations.
10. This Agreement is the complete and exclusive agreement regarding the disclosure of
Confidential Information between the parties, and replaces or supersedes any and all
prior oral or written communications and agreements between the parties regarding
Confidential Information without prejudice to the rules and regulations concerning
restrictions on disclosure of information such as on matters involving national
security, diplomatic or foreign relations, intelligence and other classified information.
IN WITNESS WHEREOF, the parties hereto have executed this Confidentiality
Agreement as of the date and year first above written.
_______________________ ________________________
SIGNED IN THE PRESENCE OF:
_______________________ ________________________
[ACKNOWLEDGMENT]
52
|
P a g e
Procurement Observer’s Guide
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