Академический Документы
Профессиональный Документы
Культура Документы
Historical Background
Early laws on Procurement
In 1900, the United States Philippine Commission
introduced the American practice of public bidding in
procurement in the Philippines
Act No. 22 Chief Engineer of US Army acted as the
purchasing agent of government
Act No. 74 (1901) mandated contracts for
purchase of school supplies thru invitation to bid and
the awarded to the lowest responsive bidder
2
Historical Background
Act No. 82 (1901) Provincial Governors and
Municipal Mayors to enter into contracts for
public works and purchase of office supplies thru
competitive bidding
Act No. 146 creating Bureau of Supply
(supplies, materials, equipment etc)
EO 16 (1936) No contract shall be entered into
or renewed without public bidding
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
NEDA guidelines (1998)
Services
Enactment of GPRA
Implementing
Rules and
Regulations
Executive
Orders
Administrativ
e Issuances
Memorandum
Circulars
Revised IRR
2 September 2009
Procurement Reforms
PROBLEMS
REFORMS
Confusion caused by
fragmented legal system
Enactment of the
Government Procurement
Reform Act (GPRA)
Lack of transparency
Use of PhilGEPS
Enactment of GPRA
Consolidation of House Bill 4809 and Senate Bill
2248
Signed into law on 10 January 2003
Published on 11 January 2003
Took effect on 26 January 2003
IRR Part A took effect on 8 October 2003
Revised IRR took effect on 2 September 2009
8
of
Procurement
allowed
in
highly
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
11
GPPB Functions
GPPB has no jurisdiction to rule over
actual controversies with regard to the
conduct of the bidding since it has no
quasi-judicial functions under the law.
It is the prerogative and discretion of the
procuring entity through its BAC to come
up with the declaration since they are in
the best position to determine the details
of their Project. (NPM 56-2013)
12
GPPB Website
13
PhilGEPS Registration
8.5.1 RA 9184 IRR requires suppliers, contractors,
consultants to register with PhilGEPS. It does not qualify
based on threshold.
Inapplicability of the posting requirement is not tantamount
to a situation where PhilGEPS registration may also be
dispensed with since the amount of the project is not a
factor for the condition to apply.
Registration with PhilGEPS is absolute, and must be
complied with regardless of the cost of procurement.
Reference: NPM 34-2013
15
PhilGEPS Registration
Sections 23.4 and 24.4.3allows the BAC of a
procuring entity to maintain a registry system
using the PhilGEPS or its own manual or
electronic system that allows submission and/or
recording
of
eligibility
requirements
simultaneously with registration. However,
Prospective bidders not included in the registry
system
should
not
be
precluded
from
participating in any procurement opportunity.
16
PhilGEPS Registration
This should not be considered an accreditation
system, and is not tantamount to a finding of
eligibility, nor a guarantee that the registered
supplier, contractor, or consultant will be eligible
for any particular procurement activity or
contract award. (NPM 16-2013)
17
Participation of CSOs
During Public Bidding
Participates as Observer in all stages
of the procurement process
During Contract Implementation
National Text Book Delivery Program
Text Book Count 1-2-3
Medicine Monitoring by NAMFREL
18
JSDF
PROJECT
Scope
and
Coverage
R.A. 9184 applies to all branches
instrumentalities of the government:
and/or
19
20
23
24
25
DEFINITION OF TERMS
26
What is PROCUREMENT?
Procurement refers to the acquisition of
goods,
consulting
services,
and
the
contracting for infrastructure projects by
procuring entity.
(Sec. 5(aa), IRR, R.A. 9184)
27
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.
28
INFRASTRUCTURE PROJECTS
Refer to construction,
improvement,
rehabilitation,
/restoration of civil works components of :
1.
2.
3.
4.
5.
6.
repair
IT projects
Irrigation
flood control and drainage
water supply
sanitation, sewerage and solid waste management
national buildings, hospital buildings, and other related constructions
projects of the Government.
29
CONSULTING SERVICES
Refer to services for Infrastructure Projects and other types of
projects or activities of the Government requiring
adequate external technical and professional expertise
that are beyond the capability and/or capacity of the
Government to undertake such as, but not limited to:
(i) advisory and review services;
(ii) pre-investment or feasibility studies;
(iii) design;
(iv)construction supervision;
(v) management and related services; and
(vi)other technical services or special studies.
30
MIXED PROCUREMENT
In case of projects involving mixed
procurements,
the
nature
of
the
procurement, shall be determined based
on the primary purpose of the contract.
Determination shall be made by the
procuring entity.
31
DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
PE is in the best position to determine the correct
classification of its procurement based on its identified
needs and the best way by which these needs may be
addressed, managed, and satisfied.
It is the motivation or intention of the PE in pursuing
the project that will determine the primary purpose of
a project.
32
DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
PE should be guided by the parameters and conditions
in the relevant provisions of RA 9184 and its IRR on
what should be considered as Goods, Infrastructure
Projects or Consulting Services procurement. (NPM 112013)
33
PRINCIPLES OF PUBLIC
PROCUREMENT
34
Governing Principles
P ublic Monitoring
A ccountability
C ompetitiveness
ransparency
treamlined Process
of
procurement
36
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.
Private parties that deal with government should
also be held accountable for their actions.
37
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
among bidders.
grounds
for
competition
Essence of STREAMLINED
PROCUREMENT SYSTEM
1. Uniform
application
procurements.
to
all
government
40
PROCUREMENT METHODS
AND PROCEDURES
41
Procurement Methods
All Procurement shall be done through competitive
bidding except as provided in R.A. 9184.
Resort to alternative methods shall be made:
Procurement Methods
43
PreProcurement
Conference
Bid
Submission
Bid Evaluation
Advertisement
and/or
Posting
Opening of
Technical Proposal
(incl. eligibility docs)
Post-qualification
Pre-Bid
Conference
Opening of
Financial Proposal
Contract
Award
44
Pre-Bid
Conference
Bid Evaluation
(QBE or QCBE)
Advertisement
and/or
Posting
Bid
Submission
Post-qualification
Eligibility and
Shortlisting
Opening of
Bids
(QBE or QCBE)
Contract
Award
Negotiation
45
PROCUREMENT
ORGANIZATIONS
46
49
51
3rd
3rd
4th
5th
6th
53
54
57
58
approves
procurement
60
CONFLICT OF INTEREST
Conflict of interest arises when, in the case of the
subject matter of the inquiry, the Chairman of the BAC
that conducted the earlier procurement was
eventually designated as OIC-HOPE.
The subject procurement is deprived of checks and
balances as one of the persons conducting the bid
evaluation and post-qualification, who is no less than
the BAC Chair, may have that degree of proclivity
towards the recommended action of the BAC; thus,
the subsequent award of contract may no longer enjoy
the cold neutrality of an impartial HOPE. (NPM 142013)
61
BAC SECRETARIAT
HOPE may create a new office or designate an
existing organic office to act as BAC
Secretariat
There is no minimum or maximum number of
members of the BAC Secretariat.
Head of the BAC SEC must be at least a 5th
or 3rd ranking permanent employee or, if not
available, a permanent official of the next lower
rank
62
BAC SECRETARIAT
FUNCTIONS:
Provide administrative support to the BAC
Organize BAC meetings and conferences
Take custody of procurement documents and
other records
Manage the sale and distribution of bidding
documents
Advertise/post bidding opportunities and notices
of awards
63
BAC SECRETARIAT
FUNCTIONS:
Assist in managing the procurement
process
Monitor procurement activities and
milestones
Consolidate PPMPs
Act as central channel of communications
64
BAC SECRETARIAT
FUNCTIONS:
Assist in managing the procurement
process
Monitor procurement activities and
milestones
Consolidate PPMPs
Act as central channel of communications
65
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.
- This may invite suspicion of unfaithfulness, conflict
of interest, which may cast doubt on the contract
in particular, and the entire procurement activity as
a whole.
66
BAC SECRETARIAT
authority to sign
procurement-related
documents
should
be
confined to those that are within the scope of her
duties and responsibilities under RA 9184 and its
IRR, and should exclude those that require the
exercise of discretion, consent or approval on
matters under the jurisdiction of a different
authority. (NPM 66-2013)
BAC
Secretariat
Heads
67
BAC SECRETARIAT
Section 14 of RA 9184 and its IRR limits the
responsibilities of the BAC Secretariat to
administrative support functions and primarily
ministerial duties. Since the BAC Secretariat is
limited to these functions, the conduct of opening
and preliminary examination of bids, where
discretion and sound judgment is required,
cannot be considered as clerical or secretariat
nature; therefore, outside the functions of the
BAC Secretariat. (NPM 69-2013)
68
70
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
71
Non-Government Organization (NGO)
OBSERVERS
BAC is mandated to invite Observers in all stages
of the procurement process, including postqualification stage. (See 13 of RA 9184)
GPM enumerates the parties who are to conduct
post-qualification. Although Observers do not
conduct post-qualification of the bidder, they are
not precluded from being invited and be present
in the meeting. (NPM 05-2013)
72
OBSERVERS
Observers shall be allowed access to the following
documents upon their request, subject to signing of
a confidentiality agreement:
1. Minutes of BAC meetings;
2. Abstract of Bids;
3. Post-qualification summary report;
4. APP and related PPMP; and
5. Opened proposals
73
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
74
GRANT OF HONORARIA
PE is authorized to grant honoraria to the
members of the BAC, the TWG, and the BAC
Secretariat provided the amount so granted
does not exceed twenty-five percent (25%)
of their respective basic monthly salary,
subject to the following conditions:
funds are available for the
the grant of honoraria
guidelines promulgated
(Section 15, IRR of R.A.
purpose; and
conforms to the
by the DBM.
9184)
75
76
77
FUNDING SOURCE
Collections from successfully completed
procurement projects, limited
to activities
prior to the awarding of contracts to winning
bidders:
Php 3,000.00
BAC Members
Php 2,500.00
BAC Secretariat
TWG Chair and Members
Php 2,000.00
79
THANK YOU!!
Contact us at:
Unit 2506 Raffles Corporate Center
F. Ortigas Road, Ortigas Center
Pasig City, Philippines 1605
TeleFax: (632)900-6741 to 44
Email address: gppb@gppb.gov.ph
80