Professional Documents
Culture Documents
Regulations Of
Republic Act No. 9184
ARTURO S. LAYUG
Resource Person
Learning Objective
At the end of the session participants will
be familiarize with the provisions and
applications of the Implementing Rules
and Regulations (IRR) of Republic Act 9184
on the Procurement of Infrastructure
Projects (GPM) including its updates.
Procurement of
Infrastructure Projects
Infrastructure Projects
• Construction,
• Improvement,
• Rehabilitation,
• Demolition,
• Repair,
• Restoration/Maintenance
of government facilities
Hiring of Consultants
Possible if...
a) Survey
b) Site Investigation
c) Soils and Foundation Investigation
d) Construction Materials Investigation
e) Preparation of Design Plans
f) Preparation of Technical Specifications
g) Preparation of Quantity and Cost Estimates
h) Preparation of Program of Work
i) Preparation of Proposed Construction Schedule
(and estimated Cash Flow for projects with
Schedule over six (6) months
Detailed Engineering (from Annex A)
New Provision:
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
• Also posted continuously for 7 cd in the Phil GEPS, PE’s website and
at any conspicuous place in the premises of the PE;
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
• Allow all prospective bidders (even those that have not bought bid docs)
to raise queries with respect to the eligibility requirements and techncial
and financial components of the project;
• Minutes shall be prepared not later than 5 cd after the pre-bid
conference, and shall be available not later than 5 days upon written
request by bidder;
• Amendments shall be issued through Supplemental/Bid Bulletin at least 7
cd before the deadline for the submission of bids
Supplemental or Bid Bulletins
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
ABC
(in Philippine Period
currency)
50M and below 50 calendar days
Above 50M 65 calendar days
• A bidder may also express its intention not to participate in the bidding
through a letter which should reach and be stamped received by the
BAC before the deadline e for the receipt of bids.
• A bidder that withdraws its bids shall not be permitted to submit another
bid, directly or indirectly, for the same contract
Procedural Steps for Procurement
of Infrastructure Project – Public Bidding
(2016 Revised IRR of 9184)
Not earlier than 7 cd from posting
12 cd before deadline of submission
Posting – 7 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
2 4,730,000 4,500,000 1
LCB
3 4,900,000 4,900,000 5
4 4,550,000 4,650,000 2
5 4,860,000 4,800,000 4
Bid Evaluation
Within 5 cd from receipt by the bidder of the notice from the
BAC that the bidder has the LCB or HRB, the bidder shall submit
the ff. documentary requirements to the BAC:
1. Tax clearance;
2. Latest income and business tax returns;
3. Certificate of PhilGEPS Registration; and
4. Other appropriate licenses and permits required by
the law and stated in the Biding Documents
Failure to submit the above req. on time or a finding against the
veracity of such shall be ground for the forfeiture of the bid
security and dis qualify the bidder for award.
Procedural Steps for Procurement
of Infrastructure Project – Public Bidding
(2016 Revised IRR of 9184)
Not earlier than 7 cd from posting
12 cd before deadline of submission
Posting – 7 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
• Post-Qualification shall be
completed in not more than 12 cd;
maybe extended by HoPE but shall
not exceed 45 cd
• In case of post-disqualification of
LCB, the BAC is given the fresh
period to post-qualify the next.
Post-Qualification
Process
Verify, validate and ascertain all statements made and
documents submitted by the bidder with the Lowest Calculated
Bid
Criteria:
1. Legal Requirements. Licenses and agreements submitted
and the fact that he is not included in any Government
“blacklist”.
2. Technical Requirements. Performance in on-going and
completed projects, competence and experience of key
personnel to be assigned to the project, equipment to be
used.
3. Financial Requirements. Bid price proposal, the required
bank commitment to provide a credit line to the bidder in
the amount specified and over the period stipulated in the
Instructions to Bidders, NFCC, financial statements.
Post-Qualification
ABC = P5,000,000
Bidder Submitted Bid Total Calculated Rank
Price Bid Price
1 P4,700,000 P4,700,000 3
2 4,730,000 4,500,000 1
LCB
3 4,900,000 4,900,000 5
4 4,550,000 4,650,000 2
LCRB
5 4,860,000 4,800,000 4
Failure of Bidding
1. Shall be declared by the BAC in any of the
ff. circumstances:
• No bids are received;
• All prospective bidders are declared
ineligible;
• All bids fail to comply with the bid
requirements or fails in the post
qualification;
• The bidder with the LCRB/HRRB refuses
without justifiable cause to accept the
award of the contract; and
2. The HOPE exercises his right to reject all the
bids pursuant to Sec 41 of the IRR.
The BAC shall conduct a mandatory review of the terms and condition to
determine cause of the failure and conduct a rebidding with re-advertisement
and posting.
Should there occur a second failure of bidding, the procuring entity concerned may
enter into a negotiated procurement.
Procedural Steps for Procurement
of Infrastructure Project – Public Bidding
(2016 Revised IRR of 9184)
Not earlier than 7 cd from posting
12 cd before deadline of submission
Posting – 7 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
Deadline of Submission:
50 cd for 50M and below
65 cd for 50M and above
1 c.d.
Conditions:
1. Does not fall under Shopping*
2. Amount does not exceed the threshold
• For NGAs, GOCCs, GFIs, SUCs, Autonomous Regional Gov’t - Php 200,000
• LGUs – as follows:
Maximum Amount
Classification
Province City Municipality
1st Class 200,000 200,000 100,000
2nd Class 200,000 200,000 100,000
3rd Class 200,000 160,000 100,000
4th Class 160,000 120,000 100,000
5th Class 120,000 100,000 100,000
6th Class 100,000 100,000 100,000
NEGOTIATED PAlternative
ROCUREMENT Methods
For procurement of supplies and
SMALL VALUE equipment not available in DBM-PS
Conditions:
1. Does not fall under Shopping*
2. Amount does not exceed the threshold
• For NGAs, GOCCs, GFIs, SUCs, Autonomous Regional Gov’t - Php 1,000,000
• LGUs – as follows:
Maximum Amount
Classification
Province City Municipality
1st Class 1,000,000 1,000,000 200,000
2nd Class 1,000,000 1,000,000 200,000
3rd Class 1,000,000 800,000 200,000
4th Class 800,000 600,000 100,000
5th Class 600,000 400,000 100,000
6th Class 400,000 200,000 100,000
NEGOTIATED PAlternative
ROCUREMENT Methods
SMALL VALUE
Revisions
a. Shopping 52.1(a) and Emergency Procurement– send at least 1
RFQ
b. Shopping 52.1(b) – send at least 3 RFQs, receive at least 3
quotations.
c. Two Failed Biddings, Small Value Procurement, Lease of Real
Property/Venue - send at least 3 RFQs, receive at least 1
quotation will suffice
NEGOTIATED PROCUREMENT
COMMUNITY PARTICIPATION
Conditions:
1. In the interest of project sustainability or to achieve certain specific
social objectives
2. PE to propose procedures, specifications, and contract packaging for
GPPB approval
NEGOTIATED PAlternative
ROCUREMENT Methods
UN AGENCIES
Conditions:
1. Procure from UN Agencies
2. Small quantities of off-the-shelf goods, primarily in the fields of education
and health
3. Specialized products where the number of suppliers is limited (e.g.,
vaccines or drugs)
4. Infrastructure Projects involving advanced technologies, techniques
and innovations not locally available as certified by the HoPE, when it is
most advantageous to the government
NEGOTIATED PAlternative
ROCUREMENT Methods
SCIENTIFIC, SCHOLARLY, OR ARTISTIC WORK,
EXCLUSIVE TECHNOLOGY AND MEDIA SERVICES
Conditions:
1. Work of Art; commissioned work or services of an artist for a specific artist
skills (e.g., singer, poet, writer, painter, sculptor, etc.);
2. Scientific, academic, scholarly work or research, or legal services
3. Highly specialized life-saving medical equipment, certified by DOH
4. Scientific, technical, economic, business, trade or legal journal,
magazine, paper, subscription, or other exclusive statistical publications
and references
5. Media documentation, advertisement, or announcement through
television, radio, newspaper, internet and other communication media.
6. Construction or installation of an infrastructure facility where the
material, equipment, or technology under a propriety right can only be
obtained from the same contractor
Note: Due to the nature of the info to be disseminated, alongside principles of transparency,
efficiency, and economy, award to more than one (1) supplier may be made.
NEGOTIATED PAlternative
ROCUREMENT Methods
BY ADMINISTRATION
Conditions:
1. Implementing Agency (IA) must have a track record of having
completed or supervised a project by admin or by contract, similar to
and with a cost of at least 50% of the project at hand, and
2. IA owns or has access from other government agencies to necessary
tools and construction equipment required for the project
3. Other requirements provided in Guidelines for the Implementation of
Infrastructure Projects By Administration(GPPB Resolution 18-2006, as
amended by GPPB Resolution No. 07 – 2009)
1 Year 2 to 15
Project Final
Years
Completion Acceptance
Contract Implementation
Variation Order – Change Order / Extra Work Order
Progress Payment
Conditions:
1. Force majeure
2. Adjustment of plans to suit field conditions
3. Right-of-way Problem
4. Owner-furnished construction plans
5. Peace and Order condition extremely dangerous
6. Owner-furnished materials and equipment not delivered
7. Delay in payment of Progress Billing beyond 45 calendar days
Contract Implementation
Extension of Contract Time
Conditions:
1. Contractor shall notify the PE prior to expiration of the contract
time and within 30 cd after additional work has commenced
2. Shall be granted for unworkable days considered for the
execution of works at the site
3. May be granted only when the activities fall within the critical
path method of the PERT/CPM network
Questions?
Thank You!