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AMERICAN LAWS
ON PROCUREMENT
CONTRACTS
American Practice of
NO CONTRACT
Public Bidding was INVITATION SHALL BE
TO BID
introduced in the ENTERED INTO
Philippines on 1900
LOWEST WITHOUT PUBLIC
RESPONSIVE
BIDDER
BIDDING
PHILIPPINE PUBLIC
PROCUREMENT
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1917
ADMINISTRATIVE
CODE OF THE
PHILIPPINES
PE BEFORE THE
ENACTMENT OF GPRA
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ENACTMENT OF GPRA
Implementing
Rules and
Government Procurement
Regulations
Reform Act
10 January 2003
Executive
Implementing Rules and
Orders
Regulations (IRR) Part A
8 October2003
Memorandum
Circulars
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PROCUREMENT REFORMS
PROBLEMS REFORMS
Confusion caused by Enactment of the Government
fragmented legal system Procurement Reform Act
(GPRA)
Inconsistent policies, rules, Creation of the Government
and regulations due to lack Procurement Policy Board
of standards (GPPB)
Use of PhilGEPS
Lack of transparency (Philippine Government
Electronic Procurement
System)
Lack of check and balance Participation of civil society
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KEY FEATURES OF GPRA
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GPPB FUNCTIONS
Capacity
Policy-Making Monitoring
Development
Amend Establish a Ensure the proper
implementing rules implementation by
& regulations of sustainable
PEs of the Act, this
procurement law training IRR and all other
(quasi-legislative program
function)
relevant rules and
regulations on public
Prepare generic
procurement manual procurement
and standard bidding Review effectiveness
forms of procurement law
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PHILGEPS REGISTRATION
Sec. 8.5.2 All bidders shall upload and maintain in PhilGEPS a current
and updated file of the following Class A eligibility documents
under Sections 23.1(a) and 24.1(a):
a) Registration Certificate;
b) Mayors/Business Permit or its Equivalent Document;
c) Tax Clearance;
d) Philippine Contractors Accreditation Board (PCAB) license and
registration; and
e) Audited Financial Statements.
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SCOPE AND COVERAGE
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SCOPE AND COVERAGE
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SCOPE AND COVERAGE
EXCEPT:
1. 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;
2. Acquisition of real property which shall be governed by R.A. 8974,
as amended by RA 10752 entitled An Act to Facilitate the
Acquisition of Right-of-Way Site or Location for National
Government Infrastructure Projects and for Other Purposes, and
other applicable laws;
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SCOPE AND COVERAGE
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SCOPE AND COVERAGE
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What is PROCUREMENT?
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GOODS
Refer to:
All items, supplies and materials
Including general support services
Needed in the transaction of public businesses or in the
pursuit of any government undertaking, project or activity
Whether in the nature of equipment, furniture, stationery,
materials or construction, personal property, including non-
personal 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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CONSULTING SERVICES
NPM 11-2013
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PRINCIPLES OF PUBLIC
PROCUREMENT
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GOVERNING PRINCIPLES
ublic Monitoring
Awareness and vigilance
ccountability
Responsibility over actions/decisions (Answerable)
ompetitiveness
Equal opportunity to all eligible bidders
ransparency
Wider dissemination of bid opportunities
treamlined Process
Uniformly applicable to all government agencies
Effective and efficient method
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PROCUREMENT METHODS
AND PROCEDURES
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PROCUREMENT METHODS
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PROCUREMENT METHODS
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BIDDING PROCESS FOR
GOODS & INFRA PROJECTS
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 FOR
CONSULTING SERVICES
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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PROCUREMENT ORGANIZATIONS
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HEAD OF PROCURING ENTITY (HOPE)
Refers to:
Head of the agency or body, or his duly authorized
official, for NGAs and the constitutional commissions or
offices, and other branches of government;
Governing Board or its duly authorized official, for
GOCCs, GFIs and SUCs; or
Local Chief Executive, for LGUs
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HEAD OF PROCURING ENTITY (HOPE)
4. Resolves Protests
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE (BAC)
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BIDS AND AWARDS COMMITTEE
(BAC)
FUNCTIONS AND RESPONSIBILITIES:
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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 Ranking Permanent Personnel); or if not
available, an officer of the next lower rank;
Member representing the Finance Area (5th Ranking
Permanent Personnel); or if not available, an officer
of the next lower rank;
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BIDS AND AWARDS COMMITTEE
(BAC)
COMPOSITION: 5 but not more than 7 MEMBERS
designated by the HOPE
2. Provisional Members
Officer possessing Technical expertise relevant to the
procurement.
End user unit Representative. In case of procurement
outsourcing, a representative from the Procuring Entity
may be designated as a provisional member
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BIDS AND AWARDS COMMITTEE (BAC)
HOPE
2nd
3rd 3rd 3rd
4th
5th
6th
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ALTERNATE BAC MEMBERS
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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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BAC SECRETARIAT
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BAC SECRETARIAT
FUNCTIONS:
Provide administrative support to the BAC and TWG
Organize BAC and TWG meetings and conferences
Take custody of procurement documents and other
records
Manage the sale and distribution of bidding documents
Advertise/post bidding opportunities, including Bidding
Documents, and notices of awards
Assist in managing the procurement process
Monitor procurement activities and milestones
Consolidate PPMPs
Act as central channel of communications
Prepare minutes of meetings and resolutions of the BAC
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TECHNICAL WORKING GROUP (TWG)
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TECHNICAL WORKING GROUP (TWG)
FUNCTIONS:
Assist BAC in the following activities:
Eligibility screening
Bid evaluation
Post-qualification
Review of the Technical Specifications, Scope of Work, and
Terms of Reference
Review of Bidding Documents
Shortlisting of consultants
Resolution of Request for Reconsideration
(Sec. 12.1, 2016 IRR of RA 9184)
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OBSERVERS
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OBSERVERS
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OBSERVERS
RESPONSIBILITIES:
1. Prepare report (jointly or separately) indicating their
observations on the procurement activities
2. Submit report to the PE and furnish a copy to the GPPB
and the Office of the Ombudsman/Resident
Ombudsman.
3. Immediately inhibit and notify in writing the PE of any
actual or potential conflict of interest
If no report is submitted by the observer within seven (7)
calendar days after each procurement activity, then it is
presumed that the bidding activity conducted by the BAC
followed the correct procedure
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GRANT OF HONORARIA
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GUIDELINES ON THE GRANT
OF HONORARIA
DBM Budget Circular No. 2004-5A, dated 7 October
2005, as amended by DBM 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:
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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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