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Administrative Code of the Philippine Islands 1917
Act no. 2711
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Guidelines on procurement of consulting services
NEDA
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Procurement of civil works
PD 1594
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Procurement of goods
EO 262
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Used as the ceiling for the bid price
Approved Budget for the Contract(ABC)
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GOVERNMENT PROCUREMENT POLICY BOARD (GPPB)
- Chairman
- Alternate Chairman
- 11 Regular Members
- Invited Resource Persons
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Chairman of GPPB
DBM Secretary
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Alternate Chairman OF GPPB
NEDA Director-General
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11 Regular Members OF GPPB
Secretaries of DPWH, DTI, DOH, DND, DepEd, DILG, DOST, DOTC, DOE & DICT(Per RA 10844), or their duly authorized representatives; Private Sector Representative
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GPPB FUNCTIONS
- Policy-Making
- Capacity Development
- Monitoring
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Procurement process
- Procurement Planning
- Pre-bid conference
- Bid opening
- Post Qualification
- Notice to proceed
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Sec.8.5.2 All bidders shall upload and maintainin PhilGEPS a current and updated file of the following Class“A”eligibility documents under Sections 23.1(a) and 24.1(a):
- a)Registration Certificate;
- b)Mayor’s/Business Permit or its Equivalent Document;
- c)Tax Clearance;
- d)Philippine Contractors Accreditation Board(PCAB) license and registration;and
- e)Audited Financial Statements.
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For foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, they shall submit their eligibility documents under
Sec.23.1 of the 2016 IRR of RA 9184.
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R.A.9184 applies to all branches and/ or instrumentalities of the government:
- 1.National Government Agencies(NGAs)
- 2.State Universities and Colleges(SUCs)
- 3.Government Owned or Controlled Corporations(GOCCs)
- 4.Government Financial Institutions(GFIs)
- 5.Local Government Units(LGUs)
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It shall apply to all procurement activities involving:
- 1.Goods and Services
- 2.Infrastructure Projects
- 3.Consulting Services
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All fully domestically-funded procurement activities
All foreign-funded procurement activities, unless otherwise provided in a treaty or int’l/executive agreement
Section 4, Revised IRR
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Mandates adherence to RA 9184 or selection through competitive bidding. Otherwise, negotiating panel shall ensure that the reasons for the adoption of a different rule or method of procurement are clearly reflected in the records of discussion.
Sec. 4.3, 2016 IRR of RA 9184)
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Excepted from RA 9184
- 1.Procurement for goods, infrastructure projects, and consulting services funded from Foreign Grants covered by R.A.8182, as amended by R.A.8555
- 2.Acquisition of real property which shall be governed by R.A.8974,as amended by RA 10752
- 3.Public-Private sector infrastructure or development projects and other procurement covered by R.A.6957, as amended by R.A.7718(BOT Law)
- 4.Disposal of government properties
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Enumerated activities that are not considered as procurement undertakings under RA 9184 and its IRR: Sec.4.5,2016 IRR of RA 9184
- 1.Direct financial or material assistance to beneficiaries
- 2.Participation to scholarships, trainings, continuing education,etc.
- 3.Lease of government property for private use
- 4.Job order workers
- 5.Joint Venture Agreements between Private Entities and GOCCs or LGUs
- 6.Disposal of property and assets
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refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by procuring entity.
Procurement
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Refer to:
All items,supplies and materials
Including general support services
Needed in the transaction of public businesses or in the pursuit of any government undertaking,project or activity
Whether in the nature of equipment,furniture,stationery,materials or construction,personal property,including non-personal 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.
GOODS
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Refer to:
construction,improvement,demolition,rehabilitation,repair,restoration or maintenance 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.
INFRASTRUCTURE PROJECTS
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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:
1.advisory and review services;
2.pre-investment or feasibility studies;
3.design;
4.construction supervision;
5.management and related services;and
6.other technical services or special studies.
CONSULTING SERVICES
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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.
PE(procuring entity)
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All Procurement shall be done through competitive bidding except as provided in R.A.9184.
Resort to alternative methods shall be made:
- Only in highly exceptional cases
- To promote economy and efficiency
- Justified by conditions specified in R.A. 9184 and its IRR
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Procurement Methods
- 1. Competitive Bidding
- 2. Limited Source Bidding
- 3. Direct Contracting
- 4. Repeat Order
- 5. Shopping
- 6. Negotiated Procurement
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BIDDING PROCESS FOR GOODS & INFRA PROJECTS
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BIDDING PROCESS FOR CONSULTING SERVICES
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PROCUREMENT ORGANIZATIONS
- Head of the Procuring Entity(HOPE)
- Bids and Awards Committee(BAC)
- BAC Secretariat
- Technical Working Group(TWG)
- Observers
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Refers to:
Head of the agency or body,or his duly authorized official,for NGAs and the constitutional commissions or offices,and other branches of government;
Governing Board or its duly authorized official,for GOCCs,GFIs and SUCs;or
Local Chief Executive,for LGUs
HEAD OF PROCURING ENTITY (HOPE)
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FUNCTIONS AND RESPONSIBILITIES OF HOPE
- 1.Establishes BAC and appoints its members
- 2.Approves the Annual Procurement Plan(APP)
- 3.Approves/Disapproves the Contract Award
- 4.Resolves Protests
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Within _____months upon designation,the BAC,its Secretariat and TWG members should have satisfactorily completed such training or program conducted,authorized or accredited by the GPPB through its TSO.(Sec.16,2016 IRR of RA 9184)
six(6)
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As a general rule,HOPE must create a single BAC. However,separate BACs maybe 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.
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