ra9184 gpra dir.bedonia
TRANSCRIPT
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RA 9184Government Procurement Reform Act
65th PICPA National Convention23-26 November 2010
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DOING THE RIGHT THINGSDOES NOT ONLY MAKE SENSEMORALLY, BUT TRANSLATESINTO ECONOMIC VALUE ASWELL!
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Republic Act No. 9184
An Act providing for theModernization, Standardization andRegulation of the Procurement
Activities of the Government and for
other Purposes
GPRA
01/26/03
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What is Procurement?Acquisition of goods, consulting
services and contracting of
infrastructure projects by the
procuring entity IRR of GPRA
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Scope and Coverage
Procurement Principles
Procurement PlanningProcurement Organization
Observers
Public Bidding
Alternative MethodsOther Updates
E-procurement
Topics
Changes &
modifications
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Scope, Coverage, ApplicationR.A. 9184 Governs the Procurement of:
Infrastructure Projects (Civil Works)construction, repair, improvement of physical
facilities
Goods (Supplies, Materials, Equipment,
Janitorial, Security, and Related Services
Consult ing Services hiring of professional
external expertise (advisory, design, specialstudies, management services)
R.A. 9184 Covers Procurement Planning
up to Contract Implementation
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Application
R.A. 9184 Applies to public sector:
National Government Agencies (NGAs)
State Universities and Colleges (SUC)Government Owned or Controlled
Corporations (GOCC)
Government Financial Institution (GFI)
Local Government Units (LGUs)
including barangays
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SCOPE AND APPLICATIONCOVERAGE (Revised IRR)
All domestically-funded procurement activities
of the GOP NGAs, GOCCs, GFIs, SUCs, LGUs
All foreign-funded procurement activities,except when the treaty, international orexecutive agreement expressly provides the
use of foreign govt./international financing
institution procurement rules But procurement funded thru foreign grants are
excluded
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ClarificationIn case of conflict between IRR andTreaty/Intl. Agreement the LATTER shall
prevail
GOP negotiating panels shall:
Adopt as default position, use of the IRR or
selection thru competitive bidding Explain in writ ing if treaty, international or
executive agreement states otherwise
SCOPE AND APPLICATION
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Procurement of goods, infra or consultingservices funded from foreign grants or
ODA covered by RA 8182/8555 except when
GOP and foreign grantor agree otherwise
Acquisition of real property i.e. right- of-
way covered by RA 8974
Public-Private sector infrastructure or devt.
projects covered by RA 6957/7718 such asBOT except portion by GOP regardless of
source of funds
IRR DOES NOT COVER . .
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PROCUREMENT TOOLKITSImplementing Rules and Regulations Part A
signed by PGMA thru MO 119 on Sept. 23, 2003,took effect Oct. 8, 2003
Standard Bidding Documents and Forms
issued May 26, 2005 to be used by PEs startingJ uly, 2005Procurement Manuals
Generic Issued Dec. 26, 2006 to beused Jan. 2007
LGU Customized
2 versions
Issued Nov. 29, 2007
took effect Feb 1, 2008
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Revised IRR approved per GPPB Res. 2009-03, July 22, 2009, took effect Sept. 2, 2009
Philippine Bidding Documents (PBDs), 3rd
Edition, issued Oct. 2009
Standard Forms revision on-going; issued
so far: APP, PPMP, PMR
PROCUREMENT TOOLKITS
Use of GPM, PBDs and Forms is mandatory
modification may be made to suit particular need of
PEs
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GPRA PrinciplesHOW
HOW
HOW
HOW
GPRA
Wide dissemination of
procurement opportunities
Observers presence
Equitable treatment of
bidders
Fair grounds for competition
Simple; non discretionary
Adaptable to changes in
technology
Responsibilities clear &
legally identifiable
Sanctions for erring
officials/private parties
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Harmonization - alignment with
international best practices
Application of Domestic
Preference AO 227, Flag Law
Learn from experience addressconcerns raised by procuring
entities
Other Considerations
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RULE II (Section 7)
DOs and DONTsAll procurement within the approved budget
Procurement in accordance with APP dulyapproved by HOPE or his authorized 2nd
ranking designated officialWHAT TO INCLUDE IN APP? - thoseconsidered crucial to discharge of officialfunctions required in day-to-day operation
or pursuit of PEs mandateAPP to include provision for emergenciesbased on historical records to avoid piece-meal approval of the HOPE
PROCUREMENT PLANNING
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ABC Approved Budget for the Contract (ABC)
Refers to budget for the contract dulyapproved by the Head of the ProcuringEntity
Approved Budget is CEILING for bid
prices Invitation to Bid should specify the
APPROVED BUDGET for the contract andthe source of funding
In determining ABC, consider:Appropriation for the project/procurement
Market price
Inflation and cost of money directly related to
the procurement timetable
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NGAs/SUCsSpecifically appropriated items in the budget:full cost of single year project
Lump sum approp. allocation of specificimplementing unit as determined by the headof the dept/agency
GPPB Joint Circular No. 01-2009 Approved Budget for the Contract (ABC)
GOCCs/LGUs
Amount of fund transfer received from thenational government
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To facilitate implementation of projects, ABCshall be based on the budget levels in the NEP
Lump sum approp. head of agency to notifyIUs of allocation for projects to be imlemented
GPPB Joint Circular No. 01-2009 Can procurement be carried out without an
approved budget?
BUT NOTICE OF AWARD TO BE ISSUED
Upon receipt of ABM or SARO NGAsReceipt of actual cash transfer GOCCs/LGUs
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Purchase
of office
supplies
Bidding
NegoP
PDA
F
Farm to
Market
Roads
GF/20%DF
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End-user unit Budget Officer End user/BAC
Start of the year,prepare PPMP
for Programs,
Projects
Support budget
proposal for
MOOE & CO
PROCUREMENT PLANNING
Evaluate PPMPs;
include in Budget
Proposal for
approval of HOPE
Furnish BAC Sec.
Copy of budgetproposal with
the PPMP
Upon budget
enactment,
revise/adjust
PPMP
BAC finalizes
procurementmode and
APP
Starts/ synchronized with Budget Preparation
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PPMP - serves as a guide document in
procurement and contract implementationContent (Sec. 7.3.2 IRR)
information whether projects will be contracted out
or implemented by Administrationtype and objective of contract
extent/size of contract packages
procurement methods to be adopted indicating if
procurement is to be outsourcedtime schedule of procurement and implementation
estimated budget for general component
PROCUREMENT PLANNING
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PROCUREMENT PLANNING
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Responsibility
to update PPMP
Consolidate PPMPs
into the APP
Approves the APP
End-user
unit
BAC
Secretariat
HOPE
PROCUREMENT PLANNING
Updating of PPMP every 6 months or as
often required by the HOPE (addtl. allotment;change in procurement method)
At all times, ABC as reflected in the PPMP and APP
consistent with the appropriations in the budget
in the GAA, continuing/automatic appropriations
PROCUREMENT ORGANIZATION
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Bids and Awards Committee (BAC)
General Rule:Single BAC in Head Office- to consolidateprocurement
Exception:
To expedite the procurement and where the numberand complexity of the items to be procured warrants
HOPE may create separate BAC
BAC organized according to:Geographical location of PMO or end-user
Nature of procurement
PROCUREMENT ORGANIZATION
PROCUREMENT ORGANIZATION
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Bids and Awards Committee (BAC)
Composition:At least FIVE (5) MEMBERS, but not more than SEVEN(7) MEMBERS
Qualification:Personnel of unquestionable integrity andprocurement proficiency
Occupying plantilla position NOT THE TENUREOF INCUMBENT
Chairman at least 3rd ranking permanent official
TenureFixed term of 1 year unless sooner removed; canbe renewed at the option of HOPE
PROCUREMENT ORGANIZATION
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PROCUREMENT ORGANIZATION
Alternate BAC allowed (Sec. 11.2.4)
HOPE may designate alternate members
Same qualification and term as principalAttend meetings and receive honoraria
when principals are absent
Accountability limited to their acts and
decisions
Advisable HOPE to identify whocompose the principal BAC and the
Alternates
Functions of the BAC (Sec 12 1)
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1. Advertise/Post Invitation to Bid/RFEI
2. Conduct Pre-Procurement & Pre-Bid
3. Determine eligibility of bidders
4. Receive bids
5. Conduct evaluation of bids6. Undertake Post Qualification
7. Resolve Motion for Reconsideration
8. Recommend award of Contracts
9. Recommend Imposition of Sanctions10. Recommend use of Alternative Methods
11. Create TWG
Functions of the BAC (Sec. 12.1)
Other BAC Responsibil it ies (Sec 12 2)
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Prepare
Procurement Monitor ing Report
covering all activities specified in theAPP (pre-proc. to award of contract
HOPE
GPPB
For Approval and submission to
In printed & electronic form within
14 c.d after end of Semester
Other BAC Responsibil it ies (Sec. 12.2)
Ensure that PE abides by standards
of GPRA and its IRR
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Procurement OrganizationHead of the Procuring Entity shall createa BAC Secretariat to serve as the mainsupport unit of the BAC
OPTIONSHe may designate an existing organicoffice to serve as BAC Secretariat
To promote professionalization, he may
reorganize the organic office bydesignating it as BAC Secretariat andredeploying appropriate existingpersonnel to it to perform this function
and other procurement related tasks
The BAC Secretariat
Functions BAC Secretariat (Sec 14 1)
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1. Provide administrative support to the BAC
2. Organize and make arrangements for BACmeetings and conferences
3. Prepare minutes and resolutions of the BAC
4. Take custody of procurement documents and
other records5. Manage sale/distribution of Bid docs
6. Advertise/post bid opportunities, bid docs andnotice of awards
7. Assist in managing procurement process8. Monitor procurement activities/milestones
9. Consolidate PPMPs from various units of PE
10. Central channel of communications
Functions - BAC Secretariat (Sec. 14.1)
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Procurement Organization
Assist BAC in preparing biddingdocuments
Assist BAC in eligibility check/short-listing
Assist BAC in bid evaluation andpreparation of reports
Assist BAC in post-qualification and
prepare the post-qualification summaryreport
Assist BAC and BAC Secretariat prepareResolution Recommending Award, withregard to technical aspect, if necessary
TWG created by the BAC from a pool of
technical, financial and/or legal expertsResponsibilities of the TWG
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In addition to COA representative, theBAC shall invite, IN ALL STAGES of theprocurement process, at least TWO (2)OBSERVERS to sit and monitor theprocurement proceedings, to wit:
Duly recognized private sector association
relevant to procurement at handNon-government organization (NGO)
Observers To enhance Transparency
No right
to Vote
CRITERIA: Selection of Observers
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Observers shall come from an organizationduly registered with the SEC or CDA, andshould:
Have knowledge, experience or expertisein procurement or subject matter ofcontract to be bidHave no actual or potential interest in
the contract to be bidAny other relevant criteria determined bythe BAC
CRITERIA: Selection of Observers
DOs and DONTs
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Observers Invited in writing at least 3 days
prior to procurement stage/activityAbsence of observers will not nullify BAC
proceedings
Allowed access upon request subject tosigning of confidentiality agreement:
- minutes of BAC meetings
- abstract of bids
- post qualification report
- APP and related PPMP
- opened proposals
DO s and DON T s
COA Repnot required
to sign
Observers Responsibilities
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Prepare report re: observation on
procurement activity, assessment of BACscompliance with IRR, suggestions for areasof improvement HOPE cc: BAC
Submit report to PE cc: GPPB and
Ombudsman/Resident Ombudsman
IF NO REPORT SUBMITTED IT ISUNDERSTOOD THAT BIDDING FOLLOWED
CORRECT PROCEDURES Inhibit and notify in writing the PE of any
actual or potential interest in the contract tobid
Observers Responsibilities
Bidding Documents (Sec 17)
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Bid Docs prepared following standard forms
and manual prescribed by GPPB Made available from time Invitation to
Bid/Request for Expression of Interest isadvertised
BAC to issue Bid docs to bidders upon paymentof prescribed fee
PE to post Bid docs at website and PhilGEPSwebsite from time of advertisement
Bidders may download Bid docs and pay feeupon submission of Bids
Bidding Documents (Sec. 17)
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Bidding Documents(Sec. 17)
Bid Docs follows forms and manuals of GPPB include:
ABC
Invitation to Bid/REI
Eligibili ty Requirements
Instruct ions to Bidders
Technical specificationsForm of Bid, Price form, and List of Goods
Delivery Time
Form, Amount and validity of Bid Security
Form, Amount and Validity of Performance
Security and WarrantyForm of Contract and General and Special
Conditions of Contract
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IAEB change to:
Advertising of Invitation to Bid (Sec. 21)
Invitation
to Bid
Request forExpression of
Interest
GOODS & INFRA CONSULTING
Period/Manner of Advertising
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If ABC exceeds P 2 M for Goods;
P 5 M for Infra; P 1 M for consulting
PhilGEPS websitePEs own website
Conspicuous place reserved for
the purpose
Continuously
for 7 CD
Once in
newspaper
of nationwide
general
circulation
Period/Manner of Advertising
Posted in the website prescribed
by foreign govt./foreign or intl .
funding institution
For foreign-
funded
procurement
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Amendments
Pre Bid Conference (Sec 22)
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To be held at least 12 cd before
deadline of bid submission
May be extended at least 30 cdbefore bid submission IF:
Method, nature and complexity ofcontract
International participation is moreadvantageous
At the option of PE, only bidders whopurchased bid documents areallowed to attend or ask questions
Pre-Bid Conference (Sec. 22)
Submission and Receipt of Bids (Sec 25)
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Eligibility requirementsplus Technical Proposal
Envelope 1
Submission and Receipt of Bids (Sec. 25)
Two separately sealed Envelopes
Envelope 2
Financial Proposal
Both envelopes are submitted
simultaneously
Submission & Receipt of Bids (Sec. 25)
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For Infrastructure Projects:
Technical (incl. eligibilityrequirements), and Financial
Proposals will now be submitted at
the same time
For Technical Proposal CLC or Cash
Deposit Certificate NOT REQUIRED
Submission & Receipt of Bids (Sec. 25)
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Resolution No. 13-2009Amendment to Section 29 of the IRR
Eligibili ty Requirements (Secs. 23 & 24)
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Number of Required documents reduced
from 11 to 6
Eligibili ty Requirements (Secs. 23 & 24)
Legal Documents
Technical Documents
DTI/SEC/CDA registration
Mayors permit from principal place of business
Statement of all on-going and completed contractsIn case of Infra, PCAB l icense and registration
In case of consulting, statement of nationality and
confirmation that personnel are registered
professionals
Eligibili ty Requirements (Secs 23 & 24)
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Financial Documents
Audited Financial Statement received by the BIR
NFCC computation or Credit Line Commitment(CLC) from a universal or commercial bank
For LGUs, other banks authorized by BSP to
issue said instrument
If Joint Venture (Class B) Joint Venture Agreement (JVA)
If no JVA, sworn statements by each partner that theywill enter into and abide by provisions of the JVA if
awarded the contract
Eligibili ty Requirements (Secs. 23 & 24)
Cash or Hold out on cash deposit equal
to 10% of ABC
Not allowed
Eligibili ty Requirements (Secs. 23 & 24)
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To facili tate determination of Eligibil ity BAC maymaintain Registry System (Sec. 23.4)
Using PhilGEPS, Manual or electronic
Class A documents (legal, technical &financial)
To be maintained current and updated
Certification in lieu of eligibi lity documents
Letter of Intent/Application for eligibili ty or updates
Deadline stated in bid documents
Not later than date of bid submission
Documents submitted after shall not beconsidered
Eligibili ty Requirements (Secs. 23 & 24)
Submission and Receipt of Bids (Sec. 25)
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Documentary requirements for 1ST envelope(Technical proposal) trimmed down
Documents requiring Sworn Statement
lumped into one document (Omnibus
certif ication prescribed in PBD)
p ( )
Not blacklisted or barred from bidding by GOP, LGU or
foreign govt/IFI
Authenticity of documents submitted
Authority to HOPE to ver ify documents submitted
Authority and power of signatory as representative
Compliance with disclosure of relations
Compliance with responsibilit ies of prospective bidder
Compliance with labor laws and standards (services)
Bid & Performance Securities
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Deleted certified check from acceptable
forms
In general, bank issued securities must beissued by a universal/commercial bank
However, in biddings conducted by LGUs,securities may be issued by banks certifiedby BSP as authorized to issue saidinstruments
Surety Bonds must be accompanied bycertification from Insurance Commission thatissuer is authorized to issue such security
(Secs. 27 & 39)
Bid & Performance Securities
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Form of Bid andPerformance Security
Amt of BidSecurity
(% of the ABC)
Amt of PerformanceSecurity
(% of Contract)
a) Cash,cashiers/managerscheck, bankguarantee/ draft
2%Goods and
Consulting (5%)
InfrastructureProjects (10%)
b) Irrevocable LC
c) Surety bond callableupon demand
5% 30%
d) Combination of theforegoing
Proportionate toshare of form
with respect tothe total amount
of security
Proportionate toshare of form withrespect to the totalamount of security
(Secs. 27 & 39)
1%/1
2
Amendments
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Amendments
Post-qualification (Sec 34)
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Within 3 cd from receipt of Notice from BAC,LCB/HRB submit following documents: Tax clearance
Latest income and business tax returns
Certif icate of PhilGEPS registration Other appropriate licenses and permits required
by law and stated in the Bidding Documents.
Post qualification (Sec. 34)
Originally part of
Eligibility requirement
Notice of Award (Sec. 37)
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BAC to recommend to HOPE Award of Contract
to LCRB/HRRB subject to the following: If joint venture, submission of JVA
If foreign-funded and stated in treaty, international
or executive agreement, PCAB License
Posting of Performance Security
Signing of Contract
If required, approvals by higher authority (GOCC)
o ce o a d (Sec 3 )
BAC Secretariat to post within 3 cd from
issuance notice of Award in PhilGEPS, PE
website, conspicuous place
Failure of Bidding (Sec. 35)
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Mandatory review and evaluation of
terms and conditions and specs aftereach failed bidding
Based on f indings Revise terms, conditions, specifications
Adjust ABC, subject to required approvals
Rebid Previous bidders declared eligible or short
listed in previous biddings allowed tosubmit new bids
g ( )
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Grand
Father
Uncle
1st
Cousin
Father
JUAN(Point of
Reference)
Brother
Mother
1st
2nd3rd
4th2nd
Degrees of Relationship
*Conflict of interest covers only relationship byconsanguinity or affinity up to the 3rd civil degree
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Alternative Methods of Procurement
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Clearer rules on Negotiated Procurement (2-failed Biddings)
Additional instances of Negotiated Procurement
Procurement from UN AgenciesCommunity Participation
Lease (includes venue)
Distinguished between agency-to-agency andprocurement agent
(Secs. 48 to 53)
Brings
instances to
13
Alternative Methods of Procurement
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Higher thresholds set for
shopping (Sec. 52.1) andsmall value procurement
(Sec. 53.9)
Guidelines to follow
(Secs. 48 to 53)
Depending on
economic class
of LGUs
Alternative Methods of Procurement
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Higher Threshold Amount for Unforeseen
Contingencies (Shopping) Sec. 52.1(a)
NGAs, GOCCs, GFIs, SUCs from P50,000 toP100,000
LGUs
Classification Maximum Amount (in Philippine Pesos)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 50,0004th Class 80,000 60,000 50,000
5th Class 60,000 50,000 50,000
6th Class 50,000 50,000 50,000
In case of Barangays, maximum amount is P 50,000
Alternative Methods of Procurement
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Higher Threshold Amount forRegular Office Supplies
and Small Value Procurement (Secs. 52.1(b) & 53.9)
NGAs, GOCCs, GFIs, SUCs P500,000
LGUs
In the case ofBarangays, maximum of P50,000
ClassificationMaximum Amount (in Philippine Pesos)
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
FROM: Sec. 52.1(b) P250,000;
Sec. 53.9 P50,000
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Resolution No. 09-2009 Guidelines for Shopping and Small Value
Procurement Approved by GPPB via Referendum on November
23, 2009
For Publication on December 2, 2009
SCOPE:a) shopping of readily-available
off-the-shelf goods, ordinary/regularequipment under Section 52.1
b) Small Value Procurement of goods,infrastructure and consult ing services perSection 53.9
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Resolution No. 09-2009Procedural Guidelines
RFQ to be sent to at least 3 suppliers, contractor,consultant of known qualification. For shopping due
unforeseen contingencies (Sec. 52.1(a) one
supplier only
POSTING seven (7) calendar daysPhilGEPS
LGU website
Conspicuous place
POSTING NOT REQUIRED:
shopping during unforeseen contingency,
and
if ABC is P50 T and below
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Resolution No. 09-2009Procedural GuidelinesSubmission of price quotation may be extended after
the deadline if none or less than the required numberof price quotations are received. Extended deadlineto be posted
Abstract of Quotation
Names of those who submitted quotationPrice Quotations
Lowest quotation (goods/Infra) highest ratedoffer (consulting)
Award of Contractmade to lowest quotation (goods/Infra)
highest rated offer (consulting)
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Resolution No. 09-2009Procedural Guidelines
Posting of Award for Information purposes
PhilGEPS
LGU Website
Conspicuous place
EXCEPT IF ABC IS P50,000 AND BELOW
Alternative Methods of Procurement(S 54)
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Bid securities not necessary, exceptLimited Source Bidding
Performance and Warranty securities not
necessary for: Shopping (Sec. 52)
Negotiated Procurement during emergencycases (Sec. 53.2)
Small value procurement (Sec. 53.9) Lease of real property (Sec. 53.10)
Procurement from UN agencies (Sec. 53.13)
(Sec. 54)
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Resolution No 07-2009
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Resolution No. 07 2009
Revised Guidelines on Implementation of
Infrastructure Projects by Administration
Approved by GPPB on Sept. 30, 2009
RATIONALE: Need to update Guidelines
in view of increase in thresholds in the2009 GAA and 2010 NEP
Resolution No 07 2009
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Resolution No. 07-2009
Resolution No 07 2009
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Resolution No. 07-2009
THRESHOLDS
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P 5 M orless
P5 M toP 20 M
No approval
DPWH
approval
P20 M orless
P20 M upto P50 M
Before Revised
P20 M upto P 50 M
More thanP50 M
Presidents
approval
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SINGLE PORTAL serving as primarysource of information on all Governmentprocurement required for all NGAs, GOCCsand LGUs including BARANGAYS
PURPOSE 1: G-EPS shall be util ized forprocurement of common-use goodsrequired for all NGAs, LGUs and GOCCs
PURPOSE 2: For posting of procurement
opportunit ies (from advertisement to Award)PURPOSE 3: Source of information forother procurement needs (accredited &blacklisted suppliers/contractors,specification, etc.)
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ITB for competitive bidding and Notices ofother procurement using Alternative modes
Supplemental Bid Bulletins
Contract awards, Notices of awards,including reasons for award of contract
Results of Bidding and related information
Other Notices, announcements, informationto interested parties
Failure to post a procurementopportunity will render resulting
contract NULL and VOID
Procuring entities are required to postthe following:
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FEATURES (Operational)Electronic Bulletin BoardPosting of procurement opportunities,
notices of awards, electronic distribution ofbid documents and automatic notification ofamendments.
RegistryData base of all manufacturers, suppliers,distributors, contractors and consultants.Registrants to indicate Account Number fromBSP licensed bank for posting/payment of
bid/performance security also required toobtain digital certificate
Electronic CatalogueA centralized price list of commodities that
can be procured without bidding
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ADDITIONAL FEATURESVirtual Storeonline procurement of both common and non-
common use item from suppliers declared by
PS-DBM as LCRB in previous bidding
Electronic PaymentSupport e-payment for goods purchased thru
Virtual Store; can generate POs and payment
of Bids
Electronic Bid SubmissionE-bid submission: electronic bid forms, bid
box, delivery of bid submission, notif ication to
bidders of bid receipt, bid receiving and bid
evaluation
2nd Qtr, 2011
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www.philgeps.net
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For more updates, visithttp://procurementshoutbox.blogspot.comhttp://www.gppb.gov.phhttp://dbmro6.org/v1
Follow us on:http://www.twitter.com/dbmro6_twitshttp://www.twitter.com/Poncet
Email us: [email protected]@ yahoo.com
&nd ofpresentation
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OK
p
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