npyu | Consolidated Guidelines for the aa Alternative Methods of Procurement fn Eds he 2 = ia an CAE AL Er Be oll 27.81886533 82.12996533 Werte nmyn | Consolidated Guidelines for the 2 Sa Alternative Methods of Procurement mbie Pa aa PE) el BPEL a 3221116633 Ree NeEee NEGOTIATED PROCUREMENT Method of procurement of Goods, Infrastructure Projects & Consulting Services, whereby the PE directly negotiates a contract with a technically, legally & financially capable supplier, contractor or consultant in any of the following cases: + Two-Failed Biddings -ProcurementAgents- « Emergency Cases Scientific, Scholarly or Artistic Work, Exclusive Technology & + Take-over of Contracts a Media Services + Highly Technical Consultants + Adjacent or Contiguous + Small Value Procurement + Agency to Agency + Lease of Real Property & Venue ANNEX “H”myn | Consolidated Guidelines for the 2 Sa Alternative Methods of Procurement ote EERE) a KLEE 41.47338855 Nee ranTwo-Failed Biddings (Sec. 53.1) Failure of Competitive Bidding or Limited Source Bidding for the 2nd time as provided under Sec. 35 Applicability: ALL types of Procurement nite MEM gp TEES 2 sate GFR GeeInvite Conduct Prepare RFQ/Bid at least three (3) Mandatory Review docs of supplier/ Lenractar/ consular Select the best Require elect the bes! submission Negotiation offer of BAFO , require submission of Certificate of PhilGEPS Registration Pest NOA, K/PO, NIP in PhilGEPS, Award the website of PE, Contract conspicuous place ‘Within 10d from ther issuence, if ‘ABCs > 50k Observers shall be invited in all stages of negotiations Require PS & WS (except for Consulting Services)How if only 1 bidder responded to u the invitation ? 4) GPPB Opinion: E may already proceed with the evaluation + Provided: it has invited at least 3 contractors to ensure competition.How if the ground for the declaration of failure in one of the biddings is under iB Section 41 of the IRR of RA 9184? GPPB Opinion: + PE can only resort to NP due to 2-Failed Biddings if the two-failed biddings were due to circumstances enumerated under Section 35 of same IRR. + If the failure of bidding is due to the declaration by the HOPE pursuant Section 41 of the IRR , NP due to 2-Failed Biddings cannot be resorted ane Reservation ClauseEmergency Cases Sec. 53.2 Negotiate with any supplier, contractor, or consultant with technical, legal, and financial capability When allowed? + In case of IMMINENT DANGER to life or property during a state of calamity; or + When TIME IS OF THE ESSENCE arising from natural or man-made calamities; or sxstteerds Other causes where IMMEDIATE ACTION IS “Mee Aieret sloeton ofsanpene boasts” NECESSARY: = fo prevent damage to or loss of life or property; REMINDERS HOPE shal confirm in writing declaration of state of calamity when ground lager to Ife during 0 ote of olor or + to restore (1) vital public services, (2) infrastructure facilities & (3) other public utilitiesWhen allowed? + In case of IMMINENT DANGER to life or property during a state of calamity; or + When TIME IS OF THE ESSENCE arising from natural or man-made calamities; or + Other causes where IMMEDIATE ACTION IS NECESSARY: + to prevent damage to or loss of life or property; or + to restore (1) vital public services, (2) infrastructure facilities & (3) other public utilities Po GadREMINDERS: + HOPE shall confirm in writing the veracity of the ground/s relied upon before approving the ensuing K. + When the reason/cause for the the emergency has already been abated, adoption of competitive biding shall be considered. + There must be a declaration of state of calamity when ground is based on imminent danger to life during a state of calamity. + Documentary Requirements: + Mayor's/Business Permit, Omnibus Sworn Statement & peame/atenesiiaertinn vA SSS ON) + Infra: PCAB License & NFCC (for ABC >500k) = . ——~Take-over of Contracts Sec. 53.3 Take-over of Contracts + which have been rescinded or terminated for causes provided for in the contract and existing laws, + where immediate action is necessary: + fo prevent damage to or loss of life or property; or + to restore vital public services, infrastructure facilities and other public utilities Applicability: ALL types of ProcurementTake-over of Contracts G&C - failed to deliver (goods/outputs) | - abandoned the project + which have been rescinded or terminated for causes provided for in the contract and existing laws, * where immediate action is necessary: * to prevent damage to or loss of life or property; or r s + to restore vital public services, :) 1" fy infrastructure facilities and other public utilities. ent ‘word the Contract eaePost-qualify & negotiate starting with the 2nd LCB/ HRB at his original price Award the Contract Post NOA, K/PO, NTP in PhilGEPS, website of PE, conspicuous place ‘Wiis fom it sone erty If negotiation fails, post-qualif negotiate with the next LCB/HRB at his original price Negotiate starting with the LCB/HRB. Documentary Requirements (for new bidders): + Mayor's/Business Permit, PhilGEPS Reg. Number + Infra: PCAB License & NFCC + Consulting: Prof. License/CV Require PS & WS If negotiation fails again, repeat the process until all bidders from previous bidding considered If negotiation stil fails, invite at least 3 bidders to submit bids or resort to any other appropriate AMPAdjacent or Contiquous Sec. 53.4 Where the subject contract is adjacent or contiguous to an on-going Infrastructure project or Consulting Service where the consultants have unique experience & expertise to deliver the required service. ; = CONDITIONS FOR USE “Adcent or Contiguous + Original contracts « result of Competitive Bidding + Subject contract hos similar or related scopes of work. + [tis w/in the contracting capacity of the contractor/consultant; + In determining the contracting capacity (SLCC, NFCC & PCAB license) consider seer asia ke thc enti cortaes «ABC of he sabes coon + Contractor/consultant uses the same prices or lower unit prices os inthe original contract less mobilization cost + No negative slippage or delay inthe orginal contract + Amount ofthe subject contract does not exceed the amount of engoing project + Negotiations for the procurement of the contiguous or adjacent work started before expiry of original contract Documentary Requirements: + NFCC & PCAB license : Infra & Consulting"Adjacent or Contiguous” + Infrastrucure Projects - refers to projects that are in actual physical contact with each other + Consulting Services - necessary connection - between the subject matters, outputs, components, or deliverables - of the ongoing contract and the contract to be negotiated - for purposes of project continuity NPM 022-2012CONDITIONS FOR USE: + Original contract is a result of Competitive Bidding + Subject contract has similar or related scopes of work + It is w/in the contracting capacity of the contractor/consultant; + In determining the contracting capacity (SLCC, NFCC & PCAB license) consider: Value of the remaining works for the existing contract + ABC of the subject contract; + Contractor/consultant uses the same prices or lower unit prices as in the original contract less mobilization cost + No negative slippage or delay in the original contract; + Amount of the subject contract does not exceed the amount of ongoing project + Negotiations for the procurement of the contiguous or adjacent work started before expiry of original contract Documentary Requirements: + NFCC & PCAB licenseLSE Agency-to-Agency Sec. 53.5 Procurement of Goods, Infrastructure Projects, & Consulting Services from another agency of the government (Servicing Agency) that has the mandate to deliver goods/services or to undertake infra projects or consulting services as required by the PE. tall Gp) a ©Guidelines on A2A*: + The PE shall justify that entering into an Agency-to-Agency Agreement with the Servicing Agency (SA) is more efficient and economical to the government; + SA has mandate to deliver the goods/services, undertake infra or consulting services; shalt not exceed-25% of the PE's total budgetforeachcategory> SA has the absorptive capacity to undertake the project; + SA owns or has access to necessary tools & equipment required for the project; + Sub-contracting is not allowed. However, the SA may implement the infra project in-house, by job-order, or thru the pakyaw contracting system; and + For procurement of infra projects, the SA must have a track record of having completed, or supervised a project, by administration or by contract, similar to &w/ a cost of at least 50% of the project at hand. *Does not apply to procurement of Goods from PS-DBMScientific, Scholarly or Artistic Work, Exclusive Technology & P Media Services ‘e536 Where Goods, Infrastructure Projects & Consulting Services can be contracted to a particular supplier, contractor or consultant and as determined by the HoPE.r consultant and as deter ISSUE: Difficulty in procuring the ff: edia services; + Scientific, academic references, works + life-saving equipment + Legal services + Infra project with exclusive technology CONDITIONS: + End-User shall conduct a market study and jotormine the nvahahle caureoe ta inictifyWey ime eee 1. The requirement is for: a. Work of art; commissioned work or services of an artist for a specific artist skills (e.g., Singer, poet, writer, painter, sculptor, etc.); b. Scientific, academic, scholarly work or research, or legal services; c. Highly-specialized life-saving medical equipment, as certified by the Department of Health (DOH); d. Scientific, technical, economic, business, trade or legal journal, magazine, paper, subscription, or other exclusive statistical publications references; or e. Media documentation, advertisement, or announcement through television, radio, newspaper, internet, and other communication media AWARD TO MORE THAN 1 SUPPLIER MAY BE MADE BY THE PE 2. The construction or installation of an infrastructure facility where the material, equipment, or technology under a proprietary right can only be obtained from the same contractor. Negation wd Conduct techy legal & morke! study ‘inoncily copa spler/enractor!* WNT projyeci wil exciusive 1ecninology CONDITIONS: + End-User shall conduct a market study and determine the probable sources to justify the need to procure through this negotiated modality. + The study should confirm that the supplier, contractor or consultant could undertake the project at more advantageous terms. + lt must be conducted prior to the commencement of the procurement process. oe See. -Tne same contractor. Negotiate w/ Conduct technically, legally & | financia ly capab le market study : supplier/contractor/ consultant iduals), PhiiGEPS Post mantle NTP in PhilGEPS, website of PE, Award the conspicuous place contract Within 10d from their iss if ‘ABC is > 50kHighly-Technical Consultants Sec. 53.7 Applicability: Conditions: + Applies to INDIVIDUAL CONSULTANTS ONLY, + Work involves highly technical or proprietary, or primarily confidential or policy determining, where trust cand confidence are the primary consideration; + The term of ihe individual epnsultont shall, othe most, be on 9 sitmonth basis, renewoble at the option of the appointing HOPE, but inno case to exceed the term of the latter. Documentary Requirement: + Professional License/CVConditions: Corporation? + Applies to INDIVIDUAL CONSULTANTS ONLY; Partnership? NO + Work involves: - highly technical or proprietary, or - primarily confidential or policy determining, where trust and confidence are the primary consideration; * The term of the individual consultant shall, at the most, be on a six month basis, renewable at the option of the appointing HOPE, but in no case to exceed the term of the latter. Documentary Requirement: + Professional License/CVEee Small-Value Procurement Sec. 53.9 Applicability: ALL types of Procurement CONDITIONS: * procurement does NOT fall under shopping under Sec. 52; and + amount does not exceed the thresholdNGAs, GOCCs, GFls, SUCs - PhP508;660 PhP1,00,000 LGUs a Maximum Amount (in Philippine Pesos) Province City Municipality 1s Class 500,000 1,000,000 500,000 1,000,000 400,000 200,000 264 Class 500,000 1,000,000 500,000 1,000,000 400,000 200,000 3" Class 500,000 1,000,000 400,000 800,000 400,000 200,000 4 Class 490,000 800,000 398,009 600,000 50,000 100,000 5" Class 390,000 600,000 200,000 400,000 50,000 100,000 6 Class 290,000 400,000 490,000 200,000 50,000 100,000 In the case of Barangays, the maximum amount is PhP50,000‘Approved APP RFQ (TS, SOW, TOR, (includes SVP) ------->) » PrepareRFQ +------- quantity, ABE. & ather If ABC is > SOK, post Pre-bid conference may RFQ in PhilGEPS, Send RFQ to at be conducted at the agencywebsite& =, » least Suppliers, ¢ discretion of the BAC conspicuous place for a Contractors, | TTT {te clarify &/or explain any of period of Fed- Consultants the regs, terms cxnditons & Sed \ specifications stated in the RFQ/RFP) Receipt of only 1 quotation sufficient to proceed w/ the | evaluation ‘evaluation before award Award to the S/ | PO i Prepare Abstract Post K/PO in ° LCRQ (goods & PhilGEPS, website of of Quotation’ = > RRP | ES Perot place Sap acnetne | (onsulting)Lease of Real Property & Venue Procurement covering lease of privately-owned real property & venue for official use Applicability: Goods (Real Propert Policy Considerations: PP ¥ ( Laid ~ Lease of publiely-owned real property/venue from other & Venue government agencies: prefered + Location should have been meticulously selected + Rental rates should be reasonable + Need for prudence & economy in government service shall be considerede of privately-owned real property & > for official use Policy Considerations: + Lease of publicly-owned real property/venue from other government agencies is preferred + Location should have been meticulously selected + Rental rates should be reasonable + Need for prudence & economy in government service shall be considered Guidelines on Lease of Real Property & Venue: Ou e8Guidelines on Lease of Real Property & Venue: End-user unit shall conduct Cost-Benefit Analysis to assess feasibility of leasing from privately-owned as against purchasing or leasing from government-owned PAB. Set ABC using mid-point of the range obtained from results of market analysis on the prevailing rental rates within vicinity of selected location; Technical Specification shall be prepared taking into consideration the rating factors under Appendix B. the selected location to submit sealed price quotations. Receipt of at least 1 quotation is sufficient to proceed with the evaluation. The BAC shall invite at least three (3) prospective lessors within the vicinity of Lease contracts costing > PhP50,000 should be posted in the PhilGEPS Documentary Requirements: @Mayor's/Bus, Permit, PhilGEPS Reg. No,, Income/Bus, Tax Return (except for GA as lessor)Can the DSWD directly resort to Lease of Venue \ i) without undergoing a prior public bidding? GPPB Opinion: YES + The Implementing Guidelines for Lease of Privately-Owned Real Estate and Venue does not require resort to public bidding as a pre-condition. + It merely requires procuring entities to conduct cost-benefit analysis to assess the feasibility of leasing a privately- owned real estate or venue as against purchasing or leasing from a government-owned real estate or venue.Documentary Requirements Negotiated Procurement (Annex "H" - Appendix A) Mayor's income omnibus os sli Coa Pou Il, Negotiated Procurement ‘A. Emergency Cases (Sec. 63.2) 00K B. Take-Over of Contracts (Sec. 88.325 for new bidders) J $,Adcent Contiguous (Se. wv vy D. Scientific, Scholarly or Artistic Work, Exclusive Technology & Media Services (Sec. 63.6) E. Highly Technical Consultant (Sec. 63.7) F. Small Value Procurement (See. RQ Q Viv Y iy, KL IQ qQ Q qQ Q RAR v “ & coma MES “For individuals engaged under Sec. $3.6, 83.7 and 53.9 ofthe IRR of RA 9184, only the BIR Certificate of Registration shall be submitted in lieu of DTI Registration and Mayor's Permit, RA RANegotiated Procurement (Annex "H" - Appendix A) cory ed 1 | omnibus CSE ce si or ced Ill, Negotiated Procurement Fee eared 7] Ve tu o anon) wy (Atacand Cortona fe: wv wv palace seen £m vai rocrement (sc. wv 6. Lease of Real Property or Sonica Y Q Q Q Y % Y YY igor RRA Ra “For individuals engaged under Sec. 53.6, 63.7 and 53.9 ofthe IRR of RA 9184, only the BIR Certificate of Registration shall be submitted in lieu of DTI Registration and Mayor's Permit,myn | Consolidated Guidelines for the 2 Sa Alternative Methods of Procurement ote CE tease cl CR arcs PLA Nee ranDad goes to Bill Gates >gh gl Oe ur Pw aOR argc r) * | a lalDad goes to President of World BankGF, Tata e is 1m» law of Bill GatesMorale of the Story In procurement as in life, you don't get what you want, you get what you negotiate.