Professional Documents
Culture Documents
1
Historical Background
Early laws on Procurement
2
Historical Background
3
Historical Background
5
Enactment of GPRA
Implementing Memorandum
Administrativ
Rules and Executive
e Issuances Circulars
Regulations Orders
6
Procurement Reforms
PROBLEMS REFORMS
Confusion caused by Enactment of the
fragmented legal system Government Procurement
Reform Act (GPRA)
Inconsistent policies, rules, Creation of the Government
and regulations due to lack Procurement Policy Board
of standards (GPPB)
7
Enactment of GPRA
Consolidation of House Bill 4809 and Senate Bill
2248
8
Key Features of GPRA
Covers procurement of all government agencies
9
GPPB as an Inter-Agency Body
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
12
GPPB Website
13
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
14
PhilGEPS Registration
15
PhilGEPS Registration
16
PhilGEPS Registration
17
Participation of CSOs
18
JSDF
Scope PROJECT
and Coverage
R.A. 9184 applies to all branches and/or
instrumentalities of the government:
19
Scope and Coverage
20
Scope and Coverage
Section 4, Revised IRR
21
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,
24
Scope and Coverage
25
DEFINITION OF TERMS
26
What is PROCUREMENT?
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, 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.
29
CONSULTING SERVICES
30
MIXED PROCUREMENT
31
DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
32
DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
33
PRINCIPLES OF PUBLIC
PROCUREMENT
34
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
35
Essence of PUBLIC MONITORING
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.
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 grounds for competition
among bidders.
39
Essence of STREAMLINED
PROCUREMENT SYSTEM
1. Uniform application to all government
procurements.
40
PROCUREMENT METHODS
AND PROCEDURES
41
Procurement Methods
All Procurement shall be done through competitive
bidding except as provided in R.A. 9184.
43
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
44
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
45
PROCUREMENT
ORGANIZATIONS
46
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
47
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.
48
BIDS AND AWARDS
COMMITTEE (BAC)
PEs 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)
49
BIDS AND AWARDS
COMMITTEE (BAC)
FUNCTIONS AND RESPONSIBILITIES:
50
BIDS AND AWARDS
COMMITTEE (BAC)
MEMBERSHIP AND QUALIFICATIONS:
51
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.
52
BIDS AND AWARDS
COMMITTEE (BAC)
HOPE
2nd
3rd 3rd 3rd
4th
5th
6th
53
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. 54
5. Representative from the end user unit.
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.
56
BIDS AND AWARDS
COMMITTEE (BAC)
TERMS OF MEMBERSHIP:
57
BIDS AND AWARDS
COMMITTEE (BAC)
TERMS OF MEMBERSHIP:
58
PROHIBITED BAC MEMBERS
59
PROHIBITED BAC MEMBERS
60
CONFLICT OF INTEREST
62
BAC SECRETARIAT
FUNCTIONS:
Provide administrative support to the BAC
FUNCTIONS:
Consolidate PPMPs
FUNCTIONS:
Consolidate PPMPs
66
BAC SECRETARIAT
67
BAC SECRETARIAT
68
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
69
TECHNICAL WORKING GROUP
(TWG)
FUNCTIONS:
1. Assist BAC in the following activities:
Preparation of bidding documents
Eligibility check/short-listing
Bid evaluation and preparation of reports
Post-qualification
Preparation of post-qualification summary
report
2. Assist BAC and BAC Secretariat in preparing BAC
Resolutions
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
Non-Government Organization (NGO) 71
OBSERVERS
72
OBSERVERS
Observers shall be allowed access to the following
documents upon their request, subject to signing of
a confidentiality agreement:
73
OBSERVERS
RESPONSIBILITIES:
1. Prepare report (jointly or separately) indicating
their observations on the procurement activities
74
GRANT OF HONORARIA
75
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.
76
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 staf, (clerks,
messengers and drivers supporting the BAC, the
TWG and the Secretariat), for procurement
activities rendered in excess of official
working hours.
77
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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