Professional Documents
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General Provisions of RA 9184 and Its IRR 2
General Provisions of RA 9184 and Its IRR 2
1
Historical Background
Early laws on Procurement
2
Historical Background
3
Historical Background
The Administrative Code of the Philippines (1917)
Procurement – acquisition of supplies, materials and
equipment for the various offices and branches of
Government (Supply Law)
Bureau of Public Works – award of contracts for the
construction and repair of national public works and
improvements
Procurement and Supply Law
Office of Insular Purchasing Agent (1910)
Division of Purchase and Supply (1932)
The Procurement Office (1947)
Bureau of Supply under Department of General Services
(1958)
4
Historical Background
Pre-Reform Procurement Legal Structures
1. Procurement of Civil Works – Presidential Decree No.
1594 (1978)
2. Procurement of Goods – EO No. 302 (1996), EO No. 201
(2000), as amended by EO 262 (2000)
3. Procurement of Consulting Services – NEDA guidelines
(1998)
4. Procurement among LGUs – RA No. 7160 (1990)
5. EO 40 (2001) – Consolidated procurement rules and
regulations for NGAs, GOCCs and GFIs
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Enactment of GPRA
Implementing Memorandum
Administrative
Rules and Executive Orders
Issuances Circulars
Regulations
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Procurement Reforms
PROBLEMS REFORMS
• Confusion caused by fragmented • Enactment of the Government
legal system Procurement Reform Act (GPRA)
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Enactment of GPRA
Consolidation of House Bill 4809 and Senate Bill 2248
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Key Features of GPRA
Covers procurement of all government agencies
Use of the Approved Budget for the Contract (ABC) as ceiling for the bid
price
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GPPB as an Inter-Agency Body
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GPPB Functions
Policy-Making
Amend implementing rules & regulations of procurement law
(quasi-legislative function)
Prepare generic procurement manual and standard bidding forms
Capacity Development
Establish a sustainable training program
Monitoring
Assist procuring entities improve their compliance
Review effectiveness of procurement law
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GPPB Functions
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GPPB Website
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Philippine Government Electronic
Procurement System (PhilGEPS)
Serves as the primary and definitive source of information on
all government procurement
Utilized for the procurement of common-use supplies to take
advantage of bulk purchasing
Features of the PhilGEPS
Electronic Bulletin Board
Electronic Registry
Electronic Catalogue
Virtual Store
Electronic Payment
Electronic Bid Submission
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PhilGEPS Registration
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PhilGEPS Registration
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PhilGEPS Registration
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Participation of CSOs
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JSDFand
Scope PROJECT
Coverage
R.A. 9184 applies to all branches and/or instrumentalities of the
government:
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Scope and Coverage
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Scope and Coverage
Section 4, Revised IRR
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Scope and Coverage
EXCEPT:
Procurement for goods, infrastructure projects, and consulting
services funded from Foreign Grants covered by R.A. 8182, as
amended by R.A. 8555, entitled “An Act Excluding Official
Development Assistance (ODA) from the Foreign Debt Limit in order
to Facilitate the Absorption and Optimize the Utilization of ODA
Resources, Amending for the Purpose Paragraph 1, Section 2 of
Republic Act No. 4860, as amended”, unless the GOP and the foreign
grantor/foreign or international financing institution agree otherwise;
22
Scope and Coverage
Public-Private sector infrastructure or development projects and other
procurement covered by R.A. 6957, as amended by R.A. 7718 (BOT
Law), entitled “An Act Authorizing the Financing, Construction,
Operation and Maintenance of Infrastructure Projects by the Private Sector,
and for Other Purposes,” as amended;
23
Scope and Coverage
Leasing out of publicly-owned real property for private use
- Transactions where a government agency leases out its real
property for private use, such as in the case of a canteen or food
concessionaire, are governed by Executive Order 301 (Series of
1987), particularly Section 7 thereof, and its associated
guidelines.
- Implementing Guidelines for Lease of Privately-Owned Real
Estate guidelines will only apply to lease of privately-owned real
[
estate by government agencies for official use. (NPM 50-2013)
Consignment; and,
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Scope and Coverage
25
DEFINITION OF TERMS
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What is PROCUREMENT?
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GOODS
Refer to –
All items, supplies and materials
Including general support services
Which may be needed in the project or activity, whether in the nature of
equipment, furniture, stationery, or contractual services, such as:
1. repair and maintenance of equipment and furniture
2. trucking, hauling, janitorial and security and other related and analogous services.
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INFRASTRUCTURE PROJECTS
Refer to -
construction, improvement, rehabilitation, repair /restoration of civil works
components of :
1. IT projects
2. Irrigation
3. flood control and drainage
4. water supply
5. sanitation, sewerage and solid waste management
6. national buildings, hospital buildings, and other related constructions projects of the
Government.
RA 9184 and its IRR does not apply to Public/Private Sector Infrastructure Projects
under RA 6957 (Act Authorizing Financing, Construction, Operation and
Maintenance of Infra Projects by the Private Sector.) as amended by R.A. 7718
(BOT Law)
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CONSULTING SERVICES
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MIXED PROCUREMENT
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DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
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DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
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PRINCIPLES OF PUBLIC
PROCUREMENT
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Governing Principles
P ublic Monitoring
Awareness and vigilance
A ccountability
Responsibility over actions/decisions (“Answerable”)
C ompetitiveness
Equal opportunity to all eligible bidders
T ransparency
Wider dissemination of bid opportunities
S treamlined Process
Uniformly applicable to all government agencies
Effective and efficient method
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Essence of PUBLIC MONITORING
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ACCOUNTABILITY OF
PUBLIC OFFICIALS
Pertinent laws and the prescribed procedures must be faithfully
complied with in the discharge of functions in all stages of the
procurement process as well as the implementation of contracts.
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How to ensure COMPETITIVENESS
As a rule, procurement must be conducted through competitive
bidding process, unless otherwise provided under GPRA, its
IRR and this Manual, then the Alternative Methods of
Procurement can be resorted to.
This is to guarantee:
1. Equitable and fair grounds for competition among bidders.
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How to ensure TRANSPARENCY
1. Posting in the Procuring Entity’s website,
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Essence of STREAMLINED
PROCUREMENT SYSTEM
1. Uniform application to all government procurements.
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PROCUREMENT METHODS
AND PROCEDURES
41
Procurement Methods
All Procurement shall be done through competitive bidding
except as provided in R.A. 9184.
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Procurement Methods
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Bidding Process (Goods & Infra)
Advertisement
Pre-
and/or Pre-Bid
Procurement
Conference Posting Conference
Opening of
Bid Opening of
Technical Proposal
Submission Financial Proposal
(incl. eligibility docs)
Contract
Bid Evaluation Post-qualification Award
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Bidding Process (Consulting)
Advertisement
Pre-
and/or Eligibility and
Procurement
Conference Posting Shortlisting
Opening of
Pre-Bid Bid Bids
Conference Submission (QBE or QCBE)
Post-qualification Contract
Bid Evaluation
Award
(QBE or QCBE)
Negotiation
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PROCUREMENT
ORGANIZATIONS
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HEAD OF PROCURING ENTITY
(HOPE)
FUNCTIONS AND RESPONSIBILITIES:
1. Establishes BAC and appoints its members
Ensures that BAC members give their utmost priority to
duties
Ensures professionalization of members of the
procurement organization
4. Resolves Protests
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BIDS AND AWARDS COMMITTEE
(BAC)
As a general rule, HOPE must create a single BAC. However,
separate BACs may be created under any of the following
conditions:
1. The items to be procured are complex or specialized;
2. If the single BAC cannot reasonably manage the procurement
transactions as shown by delays beyond the allowable limits;
or
3. If the creation is required according to the nature of the
procurement.
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BIDS AND AWARDS COMMITTEE
(BAC)
PE’s creation of sub-BACs to be placed under a main BAC is
not in compliance with the requirements under Sec 11 of the
IRR of RA 9184.
PE may, however, establish separate BACs with the
composition of the BAC members subject to the qualifications
under Section 11.2.2 of the IRR of RA 9184. Each BAC shall
not be considered as decentralized committees pursuant to
Section 11.1.2 of the IRR since it will be headed by a single
HOPE. (NPM 74-2013)
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BIDS AND AWARDS COMMITTEE
(BAC)
FUNCTIONS AND RESPONSIBILITIES:
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BIDS AND AWARDS COMMITTEE
(BAC)
MEMBERSHIP AND QUALIFICATIONS:
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BIDS AND AWARDS COMMITTEE
(BAC)
COMPOSITION: 5 but not more than 7 MEMBERS designated
by the HOPE
1. Regular Members:
Chairperson (3rd Ranking Permanent Official);
Member representing the Legal or Administrative areas (5th or 3rd
Ranking Permanent Personnel);
Member representing the Finance Area (5th or 3rd Ranking Permanent
Personnel);
2. Provisional Members
Officer possessing Technical expertise relevant to the procurement.
End user unit Representative.
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BIDS AND AWARDS COMMITTEE
(BAC)
HOPE
2nd
3rd 3rd 3rd
4th
5th
6th
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BAC for NGAs, GOCCs, GFIs and SUCs
The members including the Chairman shall be designated by
the Head of the Procuring Entity.
Regular Members
1. Chairman (At least 3rd Ranking Permanent Official);
2. Member representing the Legal or Administrative areas of the
procuring entity;
3. Member representing the Finance Area of the Procuring
Entity.
Provisional Members
4. An officer who has Technical expertise relevant to the
procurement.
5. Representative from the end user unit.
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Alternate BAC Members
Same qualifications as their principals.
Same term as the principal.
Presence of alternate BAC members in BAC meetings are
considered for purposes of quorum.
The relationship of the principal and the alternate is of co-
equal nature, rather than hierarchical.
Accountability shall be limited to their respective acts and
decisions.
Shall be entitled to the corresponding honoraria for
attendance in meetings.
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BIDS AND AWARDS COMMITTEE
(BAC)
TERMS OF MEMBERSHIP:
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BIDS AND AWARDS COMMITTEE
(BAC)
TERMS OF MEMBERSHIP:
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PROHIBITED BAC MEMBERS
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PROHIBITED BAC MEMBERS
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CONFLICT OF INTEREST
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BAC SECRETARIAT
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BAC SECRETARIAT
FUNCTIONS:
Provide administrative support to the BAC
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BAC SECRETARIAT
FUNCTIONS:
Consolidate PPMPs
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BAC SECRETARIAT
FUNCTIONS:
Consolidate PPMPs
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BAC SECRETARIAT
BAC Secretariat Head cannot notarize resulting contract of the
procurement activities. (NPM 66-2013)
- The BAC Sec provides a vital supporting role for the PE in the
procurement process. If the BAC Sec Head is to notarize the
resulting contract, she would then take on a more central role by
bestowing upon the contract the imprimatur of a legal attestation
by a third person.
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BAC SECRETARIAT
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BAC SECRETARIAT
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TECHNICAL WORKING GROUP
(TWG)
Created by the BAC from a pool of legal, technical and
financial experts
- those experts outside the procuring entity concerned may
be included, i.e. government personnel and officials and
consultants from the private sector and academe with
proven expertise on the sourcing of goods, works or
consulting services. (GPPB Resolution No. 07-2012,
GPPB Circular No. 02-2012)
BAC may create separate TWGs to handle different
procurements
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TECHNICAL WORKING GROUP
(TWG)
FUNCTIONS:
1. Assist BAC in the following activities:
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OBSERVERS
Observers represent the public, the taxpayers who are
interested in seeing to it that procurement laws are observed
and irregularities are averted.
In all stages of procurement process BAC must invite, in
writing, at least three (3) Observers, at least 3 calendar days
before the date of the procurement stage/activity, who shall
be:
Representative from COA
Duly recognized private group in the sector or discipline of
the particular type of procurement involved
Non-Government Organization (NGO)
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OBSERVERS
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OBSERVERS
Observers shall be allowed access to the following documents
upon their request, subject to signing of a confidentiality
agreement:
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OBSERVERS
RESPONSIBILITIES:
1. Prepare report (jointly or separately) indicating their
observations on the procurement activities
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GRANT OF HONORARIA
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GUIDELINES ON THE GRANT
OF HONORARIA
Budget Circular No. 2004-5A, dated 7 October 2005 As
amended by Budget Circular No. 2007-3, dated 29
November 2007.
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GUIDELINES ON THE GRANT
OF HONORARIA
BAC Secretariat performing attendant functions in
addition to their regular duties and functions may be paid
honoraria at the same rate as the TWG Chair and
Members
Those who are receiving honoraria shall no longer be
entitled to overtime pay for procurement-related services
rendered.
Payment of overtime services may be allowed for the
administrative staff, (clerks, messengers and drivers
supporting the BAC, the TWG and the Secretariat), for
procurement activities rendered in excess of official
working hours.
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FUNDING SOURCE
Collections from successfully completed procurement
projects, limited to activities prior to the awarding of
contracts to winning bidders:
proceeds from sale of bid documents;
fees from contractor/supplier registry;
fees charged for copies of minutes of bid openings, BAC
resolutions and other BAC documents;
protest fees;
liquidated damages; and
proceeds from bid security forfeiture
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CEILING FOR HONORARIA
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THANK YOU!!
Contact us at:
TeleFax: (632)900-6741 to 44
Email address: gppb@gppb.gov.ph
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