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BASIC PRINCIPLES
Public office is a Public Trust (Sec. 1 Art. 11
of the 1987 Philippine Constitution; RA
6713). Public officials and employees must
be at all times accountable to the people,
serve
them
with
utmost
honesty,
responsibility,
integrity,
loyalty,
and
efficiently, act with patriotism and lead
modest lives.
BASIC PRINCIPLES
Section 2 of the PD no. 1445 otherwise
known as the State Auditing of the
Philippines states that all resources of the
government shall be managed, expended
or utilized in accordance with laws, rules,
regulations, and safeguarded against loss
or wastage through illegal or improper
disposition with the view of ensuring
economy, efficiency, and effectiveness in
the operation of the government.
References:
Revised
Implementing
Rules
and
Regulations of Republic Act No. 9184,
otherwise known as the Government
Procurement Reform Act.
Course Objectives:
PROCUREMENT
Suitable
Approved
National Government
Agencies (NGAs)
General Appropriations
Act (GAA)
Treaty, International or
Executive Agreement
Bid
Competitive
Bidding method of
procurement which is open to participation
by an interested party which consists of
processes.
Expendable
Goods
PhilGEPS
Philippine Government
Electronic Procurement System
Portal
website
Procurement
Procuring
acquisition by the PE
Modernization
Standardization
Modernization
Standardization
Regulation of Procurement Activities
Transparency
Accountability
Equity
Efficiency
Economy
Transparency
Competitiveness
Streamlined procurement
process
System of Accountability
Public monitoring
DUTIES OF THE
PMO / End-user(s)
2.
3.
4.
5.
documents
8.
The Chief Accountant must also sign the contract as a witness. (Sec. 5 GPM)
10.
11.
PROCUREMENT
PLANNING
What is Planning?
This will support the Budget Proposal submitted to DBM and becomes the
basis for the proposed PPMP.
The
Budget Office shall furnish a copy of the WFPs and proposed PPMP to the
BAC Sec for the consolidation of the initial list of items/projects for procurement
into the proposed APP.
Within 15 days from issuance of the Agency Budget Matrix (ABM) during the
1st quarter of the fiscal year, PMOs/End-User shall finalize the PPMPs to reflect
the budgetary allocation for their respective PPAs as provided in the ABM.
The
final PPMPs shall be submitted to the BAC Sec for the finalization of the
proposed Procuring Entitys APP to be submitted to the HOPE for confirmation
or approval.
PMO or end-user unit should conduct the market research at this point, and
gather as much information about the Goods, Services or expertise required. At
the end of this activity, it should know the market or the industry well enough to
make an informed choice.
(consider
qualitative
and
Consider how the PMO or end-user unit would rate the various
alternatives in terms of the following:
i. Value for money
The concept of value for money is not restricted to price alone. In addition to
costs, other considerations are non cost factors like suitability or fitness to the
purpose, quality, among others. In comparing costs, all relevant costs should be
considered, e.g., acquisition costs, life-cycle costs (including maintenance and
operating costs for goods and infrastructure, spare parts of goods, etc.).
This will allow the Procuring Entity to procure the latest products and/or
services available in the market.
What is an ABC?
The ABC refers to the budget for the contract duly approved
by the Head of the Procuring Entity, as provided for in the GAA
and/or continuing appropriations, in the case of NGAs; the
corporate budget for the contract approved by the governing board,
pursuant to E.O. No. 518 series of 1979 in the case of GOCCs and
GFIs, and R.A. 8292 in the case of SUCs; and the budget approved
by the Sanggunian in the case of LGUs. (IRR-A Section 5)
What is an ABC?
The ABC, insofar as National Government Agencies are
concerned, refers to the budget for the contract duly approved by
the Head of the Procuring Entity which is contained in the Agency
Budget as reflected in the GAA or to be proposed in succeeding
GAAs. Thus, the ABC referred to in the R.A. 9184 and its IRR-A
basically refers to the proposed budget for the project approved by
the Head of the Procuring Entity based on the APP as consolidated
from various PPMPs. (GPPB Resolution 011- 2005 dated 26 May
2005)
b.
preparing the APP, the BAC shall take into consideration the
following factors:
a. The APP should include all procurement activities planned for the year.
The approved APP shall be the basis for the Procuring Entitys procurement,
and only those projects / procurement included therein shall be undertaken.
In the review and consolidation of the PPMPs, the BAC will be able to
determine the extent of diversity, quantities, quality, cost, the supply
market, and other characteristics of the Procuring Entitys requirements
for the year.
Conduct physical inventory for all PPE and consolidate the same
for the preparation of Annual Inventory Report
BAC Composition
The Head of the Procuring
Entity shall designate at least
five (5) but not more than
seven (7) members to the
BAC
Regular Members:
Chairman, who is at least a third ranking permanent officials
of the PE
An officer, who is at least a fifth ranking permanent officials
who shall represents the legal / admin. Area of PE. (bureaus,
offices, BAC members shall be at least third ranking
permanent personnel)
An officer, who is at least a fifth ranking permanent officials
who shall represents the finance area. (bureaus, offices, BAC
members shall be at least third ranking permanent personnel)
Provisional Members:
An officer who has technical expertise relevant to the
procurement at hand
A representative from the end user unit who has knowledge of
procurement laws and procedures
The Chairman and the Vice-Chairman shall also be
designated by the HOPE. Moreover, the Vice-Chairman shall
be a regular member of the BAC.
Section 13 - Observers
1. Commission on Audit (COA) Representative
2. At least one (1) shall come from a duly recognized
private group in a sector relevant to the procurement at
hand, for example:
a)
Section 13 - Observers
b) For goods, a specific relevant chamber-member of the
Philippine Chamber of Commerce and Industry.
c) For consulting services, a project-related professional
organization accredited or duly recognized by the
Professional Regulation Commission or the Supreme
Court, such as but not limited to:
PICE;
Agencys website
PhilGEPS
Prospective bidders may download the Bidding
Documents from any of the said websites; provided
that, bidders shall pay the fees for the Bidding
Documents upon submission of their bids.
Conspicuous places
Newspaper; if applicable
Points to Remember
At least 12 cd.
rn
a
W
!
g
in
Class B documents
Technical Documents
1. Statement of the pros. Bidder of all its ongoing and completed
government and private contracts, incl. Contracts awarded but
not yet started.
2. Philippine Contractors Accreditation Board (PCAB) for
Infrastructure projects
Eligibility Criteria
Goods
Infrastructure/civil
works
Consulting services
Licensed by PCAB
= [(current
assetsequal
minus to
current
(K)]must
minus
value of
all going
outstanding or uncompleted portions of the project
If, NFCC
CLC must
be atleast
10%liabilities)
of If, CLC
bethe
atleast
equal
to 10%
under
projects, including awarded contracts
be started
.
the
ABCongoing
to be bid
of the to
ABC
to be bid
Where; K=
One year or less
10
15
20
First envelope
ents
irem
requ ponents
y
t
i
l
m
bi
Eligi hnical co
tec
d
n
A
SEALED
Second envelope
Fin
t
onen
omp
C
l
a
i
an c
BAC
First envelope
Sworn statement
It is not blacklisted
all copies submitted are authentic, original, complete
and are true and correct
authorizing the HOPE to verify all the documents
submitted;
the signatory is the duly authorized representatives
It complies with the responsibilities of a prospective
or eligible bidder provided in the PBD; and
It complies with existing laws and standards, in the
case of procurement of services
First envelope
Sworn statement
It is not blacklisted
all copies submitted are authentic, original, complete and are true and
correct
authorizing the HOPE to verify all the documents submitted;
the signatory is the duly authorized representatives
It complies with the responsibilities of a prospective or eligible bidder
provided in the PBD; and
It complies with existing laws and standards, in the case of
procurement of services
The bid security in the prescribed form, amount, and validity period;
ts
men
quire onents
e
r
y
mp
bilit
Eligi hnical co
c
e
t
d
An
Second envelope
l
a
i
c
n
Fina tion/
a
m
r
Info ments
docu
Bid Security
All bids shall be accompanied by a bid security
Bid security shall be in an amount equal to a percentage of the ABC in
accordance with the following:
FORM OF BID SECURITY
Bid Validity
Bid Opening
The BAC shall open the bids at the;
Time,
Date,
Place specified in the BidDocs
Integrity,
Security,
confidentiality
First envelope
Using a non-discretionary
PASS/FAIL criterion
Second Envelope
t
onen
Using a non-discretionary
PASS/FAIL criterion
SAMPLE CHECKLIST
PREVAILING AREA
Actual sum of
prices of
component items
Bids shall be ranked in the ascending order of their total calculated bid
prices, as evaluated and corrected for computational errors. WARNING! total
calculated bid prices, as evaluated and corrected for computational errors and
other modifications, which exceed the ABC shall be disqualified.
After all bids have been received, opened, examined, evaluated, and ranked,
the BAC shall prepare the corresponding abstract of bids. All members of the
BAC shall sign the AoB and attach thereto all the bids with the corresponding
bid securities and the minutes of the proceedings of the bidding. The Abstract
shall contain the following:
REMEMBER!
2.
4.
5.
Consultant A
Technical
Technical
Proposal
Proposal
Financial
Financial
Proposal
Proposal
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
A
A
Consultant B
Technical
Technical
Proposal
Proposal
Financial
Financial
Proposal
Proposal
Consultant C
Technical
Technical
Proposal
Proposal
Financial
Financial
Proposal
Proposal
BAC
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
B
B
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
B
B
Arranged in
Descending order
based on
numerical rating
Co
B Cnosnul
B97 stualn
9.570 tatnt
.5%0
%
Co
Cn
A osnuslta
A 85 ulntat
8%5 nt
%
Co
Cn
C osnuslta
C 80 ulntat
8%
0 % nt
HRB
Co
Cn
A osnuslta
A 85 ulntat
8%5 nt
%
APPROVE
DISAPPROVE
The recommendations of the BAC
Co
Cn
C osnuslta
C 80 ulntat
8%
0 % nt
Financial
Financial
proposal of
proposal of
Consultant
Consultant
B
B
AA
BB
CC
2.
Consultant A
Technical
Technical
Proposal
Proposal
Financial
Financial
Proposal
Proposal
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
A
A
Technical
Technical
Proposal
Proposal
Financial
Financial
Proposal
Proposal
Consultant C
Technical
Technical
Proposal
Proposal
Financial
Financial
Proposal
Proposal
BAC
Consultant B
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
B
B
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
C
C
Afterwhich, the
BAC shall open
the Financial
Proposals
Financial
Financial
Proposal
Proposal
of
of
Consultant
Consultant
A
A
Financial
Financial
Proposal
Proposal
of
of
Consultant
Consultant
B
B
Financial
Financial
Proposal
Proposal
of
of
Consultant
Consultant
C
C
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
B
B
Technical
Technical
Proposal
Proposal
of
of
Consultant
Consultant
C
C
+
+
+
Financial
Financial
Proposal
Proposal
of
of
Consultant
Consultant
A
A
Financial
Financial
Proposal
Proposal
of
of
Consultant
Consultant
B
B
Financial
Financial
Proposal
Proposal
of
of
Consultant
Consultant
C
C
WEIGHTS
Technical
(dependent
to the
weight of
the
Financial)
Financial
weights is
within 15 %
- 40 %
?
15 % - 40 %
TOTAL
100%
The
highest rating after adding
WEIGHT
the scores of Technical and
Financial proposals shall be
recommended to the HOPE for
HRB.
Co
B Cnosnul
B97 stualn
9.570 tatnt
.5%0
%
HRB
Co
Cn
A osnuslta
A 85 ulntat
8%5 nt
%
APPROVE
DISAPPROVE
The recommendations of the BAC
Co
Cn
C osnuslta
C 80 ulntat
8%
0 % nt
REMEMBER!
Within three (3) 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 following
requirements to the BAC:
1.
Tax clearance;
2.
3.
4.
Other appropriate license and permits required by law and stated in the
BidDocs.
The post qualification shall verify, validate, and ascertain all statements
made and documents submitted by the bidder with the LCB/HRB, using nondiscretionary criteria. This criteria shall not be limited to, the following:
A.
B.
i.
iii.
Verification and/or inspection and testing of the goods/product, aftersales and / or maintenance capabilities, and;
iv.
C.
If the BAC determines that the bidder with the LCB/HRB passes all the
criteria for post-qualification, it shall declare the said bid as the LCRB/HRRB, and
recommend to the HOPE the award of contract, however, if the BAC determines
that the bidder with the LCB/HRB fails the criteria for post-qualification, it shall
immediately notify the said bidder in writing of its post-qualification and the
grounds for it. Immediately after the BAC has notify the first bidder of its postqualification, and notwithstanding any pending request for reconsideration thereof,
the BAC shall initiate and complete the same post-qualification process on the
bidder with the second lowest LCB/HRB. If the second passes the postqualification, and provided that the request for reconsideration of the first bidder
has been denied, the second bidder shall be post-qualified as the bidder with the
LCRB/HRRB. If the second bidder, however, fails the post-qualification, the
procedure for post-qualification shall be repeated for the bidder with the next
LCB/HRB, and so until the LCRB/HRRB, as the case maybe, is determined for
award.
The post-qualification process shall be completed in not more than
seven (7) cd from the determination of LCB/HRB. In exceptional cases, the postqualification period may be extended by the HOPE, but in no case shall aggregate
period exceed thirty (30) cd.
FAILURE OF BIDDING
All bids fail to comply with all the bid requirements or failpost qualification, or, in the case of consulting services,
there is no successful negotiations; or
In order to determine the reason for the failed bidding, the BAC
shall conduct a mandatory review and evaluation of the terms, conditions,
and specifications in the BidDocs, including its cost estimates. Based on its
findings, the BAC shall revise the terms, conditions, and specifications, and
if necessary, adjust the ABC, subject to the required approvals, and conduct
a re-bidding with re-advertisement and/or posting.
All bidders who have initially responded to the Invitation to
Bid/Request for Expression of Interest and have been declared eligible or
shortlisted in the previous biddings shall be allowed to submit new bids.
The BAC shall observe the same process and set the new periods
according to the same rules followed during the previous bidding(s).
Should there occur a second failure of bidding, the procuring
entity may resort to negotiated procurement.
Only one prospective bidder submit a LOI and/or applies for eligibility check,
and it meets the eligibility requirements of the criteria, after which it submits a
bid which is found to be responsive to the bidding requirements;
More than one prospective bidder submits LOI and/or applies for eligibility
check, but only one bidder meets the eligibility requirements of the criteria,
after which it submits a bid which is found to be responsive to the bidding
requirements; or
If after the eligibility check, more than one bidder meets the eligibility
requirements, but only one bidder submits a bid, and its bid is found to be
responsive to the bidding requirements.
Abstract of bids;
CONTRACT SIGNING
The winning bidder shall post the REQUIRED PERFORMANCE
SECURITY and enter into contract with the procuring entity within (10) cd
from the receipt by the winning bidder of the NoA. The procuring entity shall
enter into contract within the same period provided that all documentary
requirements are complied with, to wit:
Contract Agreement;
Bidding Documents;
.Posting 7 c.d.
Pre-Procurement
Conf.
Advertise/Post ITB
Issue Bidding
Documents
Call/Hold Pre-Bid
Conference
Receive the
Two (2)
Envelopes
Evaluate &
Rank Bid/s
Open
Financial
Envelope
7 c.d.
1 c.d.
Submission of
Additional Req.
Within 3 c.d.
Post-qualify
LCB
Within 30 c.d.
Approve Resolution
/ Issue Notice
of Award - LCRB
7 c.d.
GOCC/GFIs- 15cd
Prepare &
Sign Contract
Within 10 c.d.
Issue
Notice to
Proceed
within 3 c.d.
OOp
oof peennini
fBBi ngg
dids
s
Award of
Contract
jury duty
PERFORMANCE SECURITY
PERFORMANCE SECURITY
The performance security shall be in an amount equal to a percentage of the
total contract price in accordance with the following schedule:
Form of Performance
Security
a) Cash or cashiers/managers check
issued by a Universal or Commercial Bank
b) Bank draft/guarantee or irrevocable
letter of credit issued by a Universal or
Commercial bank; provided however, that
it shall be confirmed or authenticated by a
foreign bank.
c) Surety bond callable upon demand
issued by a surety / insurance company
duly
certified
by
the
Insurance
commission as authorized to issue such
security.
d) Any combination of the foregoing
Thirty percent(30%)
RESERVATION CLAUSE
The HOPE reserves the right to reject any and all bids, declares a
failure to bidding, or not award the contract in the following situations:
If the BAC is found to have failed in following the prescribed bidding procedures; or
RESERVATION CLAUSE
For any justifiable and reasonable grounds where the award of the contract will not
redound to the benefits of the GOP, as follows:
If the source of funds for the project has been withheld or reduced
through no fault of the PE.
DISCLOSURE OF RELATIONS
All bid shall be accompanied by a SWORN STATEMENT of the bidder that it
is not related 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, by consanguinity
or affinity up to the THIRD CIVIL DEGREE.
For this reason, relation to the aforementioned persons shall automatically
disqualify the bidder from participating in the procurement of contracts of the PE.
This apply to thefollowing persons:
DIRECT CONTRACTING
- is also known as single source procurement. Is a method of procurement
of goods that does not require elaborate bidding documents. The supplier is
simply asked to submit a price quotation or a pro-forma invoice together with
the conditions of sales.
Direct contracting may be resorted to under any of the following conditions:
Procurement of goods of proprietary nature which can be obtained only
from the proprietary source;
When the procurement of critical plant components from a specific
supplier ;
Those sold by an exclusive dealer or manufacturer.
REPEAT ORDER
- repeat order, when provided for in the APP, is a method of procurement of
goods from the previous winning bidder, whenever there is a need to
replenish goods procured under a contract previously awarded through
Competitive bidding.
Repeat order may be resorted to under any of the following conditions:
Unit prices of the repeat order must be the same as or lower that those in
the original contract;
will not result to splitting of contracts, requisitions, or purchase orders;
shall be availed of only within six (6) months from the contract effectivity
date stated in the NTP arising from the original contract; and
shall not exceed twenty-five percent (25%) of the quantity of each item in
the original contract.
SHOPPING
- is a method of procurement of goods whereby the PE simply requests for
the submission of price quotations for readily available off-the-shelf goods or
ordinary/regular equipment to be procured directly from suppliers of known
qualifications.
Shopping may be employed in any of the following cases:
a) when there is an unforeseen contingency requiring immediate purchase:
Provided however that the amount shall not exceed the thresholds prescribed.
b) Procurement of ordinary or regular office supplies and equipment not
available in the procurement service involving an amount not exceeding the
thresholds prescribed.
TAKE NOTE!
For NGAs, GOCCs, GFIs, and SUCs - One Hundred Thousand Pesos (P100, 000.00)
b.
DOF Classification of
LGUs
Province
City
Municipality
1st class
100,000
100,000
50, 000
2nd class
100,000
100,000
50, 000
3rd class
100,000
80, 000
50, 000
4th class
80, 000
60, 000
50, 000
5th class
60, 000
50, 000
50, 000
6th class
50, 000
50, 000
50, 000
For NGAs, GOCCs, GFIs, and SUCs - Five Hundred Thousand Pesos (P500, 000.00)
b.
DOF Classification of
LGUs
Province
City
Municipality
1st class
500,000
500,000
100, 000
2nd class
500,000
500,000
100, 000
3rd class
500,000
400, 000
100, 000
4th class
400, 000
300, 000
50, 000
5th class
300, 000
200, 000
50, 000
6th class
200, 000
100, 000
50, 000
NEGOTIATED PROCUREMENT
is a method of procurement of goods, infrastructures, and consulting
services, whereby the PE directly negotiates a contract with a technically,
legally, and financially capable supplier, contractor or consultant in any of
the following cases.
-
1.
-The
Emergency Cases.
2.
3.
Procurement Agent
4.
5.
6.
8.
9.
NGO Participation.
- When an appropriation law or ordinance earmarks an amount to
be specifically contracted out to NGO, the PE may enter into a
Memorandum of Agreement with an NGO.
Community Participation.
11.
DELIVERIES
Deliveries of supplies must be made by the
Supplier/Manufacturer/Contractor within the stipulated period and
at the place/s indicated in the purchase order of the contract.
In all cases, delivery shall be made within office hours and
during working days.
Failure to deliver within the prescribed period, the
supplier/manufacturer/contractor shall be liable for penalty,
usually in the form of liquidated damages specified in the
Contract/Purchase Order.
LIQUIDATED DAMAGES
Liquidated damages
of the undelivered
items in the contract deducted
for each day of delay
1 % of the undelivered
items/delays
DELIVERIES
DELIVERIES
Deliveries shall be made within seven(7) calendar
days upon receipt of the order unless otherwise provided
in the Purchase Order or contract.
INSPECTION
INSPECTION
Wha
pecti
s
n
I
t is
on?
INSPECTION
The inspection of items SHALL BE DONE BY
THE INSPECTORATE TEAM, whose members shall
be determined and designated by the HOPE.
TECHNIQUES OF INSPECTION
Inspection by Item
- Individual item is checked in conformity with the
requirement stated in the specification. This method
of inspection is applicable, but not limited to
deliveries of equipment and fixed assets.
Inspection by Sampling
- Sampling is a process of obtaining information
about a group of data having similar purpose or
function, usually ten percent (10%) of the total or lot
delivery.
Date;
PO Number
Name and Address of the Supplier
Suppliers Acknowledgement or Receipt (date of receipt)
Specifications
Quantity
Unit/Total Price
Availability of fund
Approval of the HOPE or his duly authorized representative
2.
3.
4.
Get the warranty card and note down the warranty card number in the
original invoice. Check if the serial indicated thereon is the same as that of
the delivery.
2.
The End-user must seek assistance from the technical person (TWG for the
project) to check the materials that are being used during the construction if
they are in accordance with the required specifications.
3.
The End-user (usually the Head) shall sign the Certificate of Acceptance
(CA)/Certificate of Turnover only after the issuance of the 100%
completion report by the project engineer. The same certificate shall also be
signed by the Division Physical Facilities Officer.
4.
The End-user (usually the Head) shall issue a Certificate of Noncompliance if the works are not in accordance with the specifications or
standards.
Inspection
of
CUSTODIANSHIP
PROPERTY CUSTODIANSHIP
Wh
stodia
at i s c u
n s hi p?
Storage / Warehousing
Wh
rehou
at i s w a
s i n g?
1.
2.
Arrangement of Materials
- The storekeeper arranges the materials inside the
warehouse/ stockroom in accordance with the prepared
storage plan.
3.
Start of Procedure
B
A
Requesting Personnel,
Receives supplies
requested
And sign in the
Received by portion
Of the RIS files
Permanently in num.
Order copy 2 of RIS
And files temporarily
The RIS and SAI for the
Preparation of
Report of Supplies
And Materials Issued
(RMSI)
Requesting Personnel,
Prepares PR for the
Items requested and
Forwards the same to
Property Division for
Processing of request
Stock
Available?
No
B
End of
Procedure
SAI
If
Available
YES
RIS
N
O
PR
ICS
/ARE
2.
3.
4.
SHALL
BE
The stock card will be at the same time serves as guards against overstocking
of supplies and materials.
The Supply Officer shall maintain the Property Card for each class of PPE
reflecting the date of acquisition, description, custody, estimated life
expectancy, depreciation, disposal, and other information about the PPE based
on the source of documents.
The basis of recording the issuance of PPE is the ARE
Before the property records can be reconciled with the accounting records,
the Property/Supply Office shall see to it that the existing property records
are reconciled with the actual inventory count.
Repair and
Maintenance
Inventory Taking
Inventory Taking
Inventory Taking
DISPOSAL
DISPOSAL
Inspection
Inspection
Inspection
Inspection
APPRAISAL
Composition of BAC on
Disposal
MODES OF DISPOSAL
MODES OF DISPOSAL
MODES OF DISPOSAL
TAKE NOTE!