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Philippine Government Procurement Act Guide

The document provides an overview of the key principles and processes for government procurement in the Philippines according to Republic Act 9184 and its 2016 Revised Implementing Rules and Regulations. It discusses transparency, accountability, competitiveness, and streamlining as core objectives of the procurement process. The summary also outlines some of the main roles and responsibilities of entities involved like the Bids and Awards Committee, its Secretariat, Technical Working Groups, and the stages of the competitive bidding process.

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Erwin Ludevese
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100% found this document useful (1 vote)
243 views56 pages

Philippine Government Procurement Act Guide

The document provides an overview of the key principles and processes for government procurement in the Philippines according to Republic Act 9184 and its 2016 Revised Implementing Rules and Regulations. It discusses transparency, accountability, competitiveness, and streamlining as core objectives of the procurement process. The summary also outlines some of the main roles and responsibilities of entities involved like the Bids and Awards Committee, its Secretariat, Technical Working Groups, and the stages of the competitive bidding process.

Uploaded by

Erwin Ludevese
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
  • Introduction to Public Procurement: Introduces the audience to the Basics of Public Procurement focusing on its significance and overall framework.
  • Procurement Reform Act (RA 9184): Outlines the foundational legislation guiding procurement activities in the Philippines including key rules and regulations.
  • Principles of Public Procurement: Discusses fundamental principles such as transparency, accountability, and competitiveness in procurement processes.
  • Procurement Planning: Explores the essential planning elements necessary for successful procurement.
  • Functions of the Bids and Awards Committee (BAC): Lists the key responsibilities and activities of the BAC in the procurement process.
  • BAC Secretariat / Procurement Unit: Describes the support role of the BAC Secretariat in facilitating procurement activities.
  • BAC Secretariat Functions and Responsibilities: Outlines the duties of the BAC Secretariat, including support and documentation processes.
  • Procurement Methods: Details the available procurement methods, emphasizing competitive bidding and alternatives.
  • Pre-procurement Conference: Defines the purpose and agenda of pre-procurement meetings to ensure readiness for bidding.
  • Pre-bid Conference: Explains the objectives and processes of the pre-bid conference for discussing project details.
  • Receipt and Opening of Bids: Describes the procedures and protocols for bid submission and initial evaluation.
  • Bid Evaluation: Outlines the bid evaluation process to ensure fairness and accuracy of assessments.
  • Post-qualification Evaluation: Discusses the post-bid verification and validation processes for finalizing qualified bidders.
  • Award of Contract: Details the final steps in the procurement process leading to contract awards.
  • Failure of Bidding: Specifies scenarios that may result in a failed bidding process and procedures for handling such outcomes.
  • Conclusion: Concludes the presentation with a closing remark and expression of gratitude.

Handbook on Philippine

Government Procurement
8th Edition
Republic Act No. 9184 and its 2016
Revised Implementing Rules and
Regulations
https://www.gppb.gov.ph/downloadables.php
RA 9184
Government Procurement Reform Act

 prescribing the necessary rules and


regulations for the modernization,
standardization, and regulation of
the procurement activities of the
Government of the Philippines
(GoP)
Other Procurement Manuals
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

5
 Allows public involvement of qualified and eligible Civil
Society Organizations (NGOs, PAs, academic institutions,
and religious groups) to observe and monitor the
procurement process until contract implementation.

 Increased transparency of procurement transactions.

6
 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.

7
 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.
2. That no single bidder significantly influences the outcome
of the bidding.

8
 Posting in the Procuring Entity’s website,

 Posting in the PhilGEPS website, and

 Posting in a conspicuous place within the premises of the


PE is required for all procurements.

 Each procurement transaction must be properly


documented and such records must be maintained and
made available to proper parties.

9
 Uniform application to all government procurements.

 Simple and adaptable to advances in modern technology in


order to ensure an effective and efficient method of
procurement.

GPPB conducts a periodic review of government procurement


procedures, and whenever necessary, formulates and
implements changes thereto.

10
Procurement Planning
 All procurement shall be within the
approved budget of the Procuring
Entity (PE) and should be
meticulously and judiciously
planned by the Procuring Entity.
Procurement Planning
 No procurement shall be undertaken
unless it is in accordance with the
approved APP, including approved
changes thereto. The APP must be
consistent with the duly approved
yearly budget of the Procuring Entity
and shall bear the approval of the
HoPE.
Fuctions of the BAC
a) advertise and/or post the invitation
to bid/request for expressions of
interest;
b) conduct pre-procurement and pre-
bid conferences;
c) determine the eligibility of
prospective bidders;
d) receive and open bids;
Fuctions of the BAC
e) conduct the evaluation of bids;
f) undertake post-qualification
proceedings;
g) resolve requests for
reconsideration;
h) recommend award of contracts to
the HoPE or his duly authorized
representative;
Fuctions of the BAC
i) recommend the imposition of
sanctions in accordance with Rule
XXIII;
j) recommend to the HoPE the use of
Alternative Methods of Procurement
as provided in Rule XVI hereof;
k) conduct any of the Alternative
Methods of Procurement;
Fuctions of the BAC
l) conduct periodic assessment of
the procurement processes and
procedures to streamline
procurement activities pursuant to
Section 3(c) of this IRR; and
Fuctions of the BAC
m) perform such other related
functions as may be necessary,
including the creation of a
Technical Working Group (TWG)
from a pool of technical, financial,
and/or legal experts to assist in
the following:
Fuctions of the TWG
1) Review of the Technical Specifications,
Scope of Work, and Terms of Reference;
2) Review of Bidding Documents;
3) Shortlisting of Consultants;
4) Eligibility Screening;
5) Evaluation of Bids;
6) Post-Qualification; and
7) Resolution of Request for
Reconsideration.
BAC Secretariat /
Procurement Unit
 The HoPE shall create a Secretariat
which will serve as the main
support unit of the BAC
 An existing organic office within
the Procuring Entity may also be
designated to serve as Secretariat
BAC Secretariat /
Procurement Unit
 To strengthen and promote the
professionalization of the
organizations’ procuring unit, the
HoPE may create procurement units
that may serve concurrently as BAC
Secretariat in accordance with the
guidelines issued by DBM
BAC Secretariat /
Procurement Unit
 To expedite the procurement process,
the HoPE shall ensure that the
members of the BAC, its Secretariat
and TWG, shall give utmost priority to
BAC assignments over all other duties
and responsibilities, until the
requirements for the said assignments
at hand are completed
BAC Sec Functions
and Responsibilities
 Provide administrative support to the
BAC and the TWG;
 Organize and make all necessary
arrangements for BAC and the TWG
meetings and conferences;
 Prepare minutes of meetings and
resolutions of the BAC;
BAC Sec Functions
and Responsibilities
 Take custody of procurement
documents and other records and
ensure that all procurements
undertaken by the Procuring Entity
are properly documented;
 Manage the sale and distribution of
Bidding Documents to interested
bidders;
BAC Sec Functions
and Responsibilities
 Advertise and/or post bidding
opportunities, including Bidding
Documents, and notices of awards;

 Assist in managing the procurement


processes;
BAC Sec Functions
and Responsibilities
 Monitor procurement activities and
milestones for proper reporting to
relevant agencies when required;
 Consolidate PPMPs from various units
of the Procuring Entity to make them
available for review as indicated in
Section 7 of this IRR and prepare the
APP;
BAC Sec Functions
and Responsibilities
 Act as the central channel of
communications for the BAC with end-
user or implementing units, PMOs,
other units of the line agency, other
government agencies, providers of
goods, infrastructure projects, and
consulting services, observers, and the
general public
Procurement Methods
 Competitive Bidding

 Alternative Methods of
Procurement (AMP)
Competitive Bidding
 Section 10. Competitive
Bidding. All procurement shall
be done through competitive
bidding, except as provided in
Rule XVI of this IRR.
A method of procurement which is open to
participation by any interested party

Consists of the following processes:


• advertisement,
• pre-bid conference,
• eligibility screening of prospective bidders,
• receipt and opening of bids,
• evaluation of bids,
• post-qualification, and
• award of contract
[Sec. 5(e), RA 9184; Sec. 5(h), IRR of RA 9184; p.31, Manual
of Procedures for the Procurement of Goods and Services]

29
Pre-
Pre-
Advertisement Pre-Bid
Pre-
Procurement
Conference
Conference

Opening of
Opening of 2nd
Submission of 1st Env. – Eligibility
Envelope – Financial
Bids Docs & Technical
Proposal
Proposal

Bid Evaluation Award of


Post--qualification
Post
& Ranking Contract
Pre-procurement
Conference
 Confirm the description and
scope of the contract, the
ABC, and contract duration;
 Ensure that the procurement is
in accordance with the
PPMP and APP;
Pre-procurement
Conference
 Determine the readiness of the
procurement at hand, including,
among other aspects, the
following:
 availability of appropriations
and programmed budget for
contract.
Pre-procurement
Conference
 readiness:
 completeness of the Bidding
Documents;
 completion of the detailed
engineering, availability of
right-of-way for Infrastructure
Projects; and
Pre-procurement
Conference
 Review, modify and agree on the
criteria for eligibility screening,
evaluation, and post-qualification;
 Review and adopt the
procurement schedule, including
deadlines and timeframes, for
the different activities; and
Pre-procurement
Conference
 Reiterate and emphasize the
importance of confidentiality
Needed documents -
Pre-proc
 Approved PR
 with correct specifications (for
goods & services)
 PPMP/APP
 Draft of the Bidding Documents
 Bidding Checklist
 DED, BOQ, Drawings (for Infra)
 Timelines
...
Advertisement
 Posting of final bidding documents
in PhilGEPS, PE’s website, and
at any conspicuous place in
PE’s premises
Documents to prepare:
 Bidding documents (ITB, BDS, TS), checklist
 Drawings, BOQ (for infra)
 Letter to Observers ...
Pre-bid Conference
 For contracts with an ABC of One
Million Pesos (₱1,000,000.00) or
more
 <1M, at the discretion of the BAC
 to clarify and/or explain any of the
requirements, terms, conditions,
and specifications stipulated in the
Bidding Documents
Pre-bid Conference
 may also be conducted upon
written request of any prospective
bidder
 shall be held at least twelve (12)
calendar days before the deadline
of submission and receipt of bids,
but not earlier than seven (7)
calendar days from the PhilGEPS
posting
Pre-bid Conference
 shall discuss, clarify and explain
the eligibility requirements and
the technical and financial
components of the contract to be
bid including questions and
clarifications raised by the
prospective bidders before and
during the Pre-Bid Conference
Pre-bid Conference
 may be conducted in person or
face-to-face through video-
conferencing, webcasting, or similar
technology, or a combination
thereof
 open to prospective bidders
(shortlisted bidder), but attendance
shall not be mandatory
Pre-bid Conference
 Decisions of the BAC amending any
provision of the Bidding Documents
shall be issued in writing through a
Supplemental/Bid Bulletin at least
seven (7) calendar days before the
deadline for the submission and
receipt of bids
Receipt and Opening
of Bids
 Receipt of sealed bids
 Checking of eligibility
requirements
 Opening of financial bids for
eligible bidders only
 Ranking of bids ‘as read’
Receipt and Opening
of Bids
 Issuance of letter of eligibility
to eligible bidders
 letter of ineligibility to
ineligible bidders specifying
the reason(s) of failing the
eligibility requirements
Bid Evaluation
 BAC Members, its staff and
personnel, Secretariat and TWG, as
well as Observers, are prohibited
from making or accepting any
communication with any bidder
regarding the evaluation of their
bids until the issuance of the Notice
of Award.
Bid Evaluation
 the BAC, through its Secretariat,
may ask in writing the bidder for
a clarification of its bid.
 All responses to requests for
clarification shall be in writing.
Bid Evaluation
 the BAC shall evaluate the
financial component of the bids
to determine the Lowest
Calculated Bid using the criteria
on Completeness of the bid
and Arithmetical corrections
Post-qualification
Evaluation
 shall verify, validate, and ascertain
all statements made and
documents submitted by the
bidder with the Lowest Calculated
Bid/Highest Rated Bid
Post-qualification
Evaluation
 NOT among the “blacklisted”
suppliers, contractors, and
consultants
 checking the performance of the
bidder in its ongoing and
completed government and
private contracts
Post-qualification
Evaluation
 Verification and/or inspection and
testing of the goods/product,
aftersales and/or maintenance
capabilities
Post-qualification
Evaluation
 After passing post-qua
evaluation, the bidders shall
be declared the
LCRB/SCRB/HRRB
Award of Contract
 BAC Resolution
recommending award
 HoPE issues the NOA
 Projects above 3M, needs BOR
approval
 Bidder submits Performance
Security
 Contract Signing
 Issuance of NTP
Failure of Bidding
The BAC shall declare the
bidding a failure when:

1. No bids are received;


2. All prospective bidders are
declared ineligible;
Failure of Bidding
The BAC shall declare the
bidding a failure when:
3. All bids fail to comply with
all the bid requirements or
fail post-qualification, or, in
the case of Consulting
Services, there is no
successful negotiation; or;
Failure of Bidding
The BAC shall declare the
bidding a failure when:
4. The bidder with the LCRB,
HRRB, SCRB or SRRB refuses,
without justifiable cause, to
accept the award of contract,
and no award is made in
accordance with Section 40 of
the Act and this IRR;

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