PHILIPPINE GOVERNMENTPROCUREMENT

GOVERNMENT PROCUREMENT REFORM ACT

• Republic Act 9184

• An act providing for the modernization, standardization and regulation of the procurement activities of the government and for other purposes

ACRONYMS

• GOP• Government of the Philippines

• SUCs• State Universities and Colleges

• GFIs• Government Financial Institutions

• GOCCs• Government Owned and/or Controlled Corporations

• LGUs• Local Government Units

DEFINITION OF TERMS

• Approved Budget for the Contract (ABC)• Refers to the budget for the contract duly approved by the Head of the

Procuring Entity, as provided for in the General Appropriations Act and/or continuing appropriations

• BAC• Bids and Awards Committee

• Bid• Refers to a signed offer or proposal submitted by a supplier, manufacturer,

distributor, contractor or consultant in response to the Bidding Documents

DEFINITION OF TERMS

• Bidder• Refers to an eligible contractor, manufacturer, supplier, distributor and/or

consultant competing for the award of a contract in any procurement by the GOP

• Bidding Documents• Refers to the documents issued by the Procuring Entity as the basis for Bids,

furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure projects and Consulting Services to be provided

DEFINITION OF TERMS

• Blacklisting• An administrative penalty disqualifying a person or an entity from

participating in any government procurement for a given period

• Common - Use Supplies• Refers to those goods, materials and equipment that are used in the day – to

– day operations of the Procuring Entities in the performance of their functions

DEFINITION OF TERMS

• Competitive Bidding• Refers to a method of procurement which is open to participation by any

interested party and which consists of the following processes:• Advertisement

• Pre – Bid conference

• Eligibility screening or prospective bidders

• Receipt and opening of bids

• Evaluation of bids

• Post – qualification

• Award of contract

DEFINITION OF TERMS

• Consulting Services• Refers to the 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 such as, but not limited to: • Advisory and review services

• Pre – investment or feasibility studies

• Design

• Construction supervision

• Management and related services

• Other technical services or special studies

DEFINITION OF TERMS

• Domestic Bidders• Refers to any person or entity offering unmanufactured articles, materials, or

supplies of the growth or production of the Philippines, or manufactured articles, materials or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials or supplies of the growth, production or manufacture, as the case may be, of the Philippines

DEFINITION OF TERMS

• Domestic Entity• Refers to an individual or sole proprietor who is a citizen of the Philippines or

a partnership, corporation, cooperative or association duly organized under the laws of the Philippines ad of which at least 75% of the interest or outstanding capital stocks belong to citizens of the Philippines, habitually established in business and habitually engaged in the manufacture or sale of merchandise covered by his bid, and the business has been in existence for at least 5 consecutive years prior to the advertisement and/or posting of the Invitation to Bid

DEFINITION OF TERMS

• Executive Agreements• International agreement except that they do not require legislative

ratification

• Expandable Supplies• Refers to articles which are normally consumed in use within 1 year or

converted in the process of manufacture or construction or those having a life expectancy of more than 1 year but which shall have decreased substantially in value after being put to use for only 1 year (medicines, stationery, fuel, spare parts)

DEFINITION OF TERMS

• Foreign Bid• Refers to any offer of articles, materials or supplies not manufactured or not

to be manufactured in the Philippines, substantially from articles, materials or supplies of the growth, production or manufacture, as the case ma be, of the Philippines

• Foreign – Funded Procurement• Refers to the acquisition of goods, consulting services, and the contracting

for infrastructure projects by the GOP which are wholly or partly funded by Foreign Loans or Grants pursuant to Treaty or International or Executive Agreement

DEFINITION OF TERMS

• Foreign Grants• Refers to grants with no repayment obligations and are provided in monetary

form, goods, works and consultancy services, among others

• Foreign Loans• Refers to loans, credits, indebtedness with private foreign banks or with

foreign governments, agencies, or instrumentalities of such foreign governments, foreign financial institutions or other international organization

DEFINITION OF TERMS

• G-EPS• Refers to the Government Electronic Procurement System

• Goods• Refers to all items, supplies, materials and general support services, except

consulting services and infrastructure projects, which may be needed in the translation of public businesses or in the pursuit of any government undertaking, project or activity

DEFINITION OF TERMS

• GPPB• Refers to the Government Procurement Policy Board

• Head of the Procuring Entity• Head of the agency or his duly authorized official (for national government

agencies)

• The governing board or its duly authorized official (for government owned and/or controlled corporations)

• The local chief executive (for LGU’s)

• Infrastructure Projects• Include the construction, improvement, rehabilitation, demolition, repair,

restoration or maintenance of roads and bridges, railways, airports, seaports, etc.

DEFINITION OF TERMS

• IRR• Refers to the Implementing Rules and Regulation of this Act

• Portal• Refers to the website that aggregates a wide variety of content for the

purpose of attracting a large number of users

• Procurement• Refers to the acquisition of Goods, Consulting Services and the contracting

for Infrastructure Projects by the Procuring Entity

DEFINITION OF TERMS

• International Agreement• Refers to a contract or understanding, regardless of nomenclature, entered

into between the GOP and other government or foreign or international financing institution in written form and governed by international law

• Non – expandable Supplies• Refers to articles which are not consumed in use and ordinarily retain their

original identity during the period of use, whose serviceable life is more than 1 year and which add to the assets of the GOP

DEFINITION OF TERMS

• Procuring Entity• Refers to any branch, department, office, agency or instrumentality of the

government, including SUCs, GOCCs, GFIs and LGUs procuring Goods, consulting Services and Infrastructure Projects

DEFINITION OF TERMS

• Suspension• The administrative penalty imposed for infractions committed by a

contractor during the competitive bidding stage, whereby such contractor is prohibited from further participation in the bidding process of an agency

ALTERNATIVE METHODS OF PROCUREMENT

• Subject to the prior approval of the Head of the Procuring Entity in order to promote economy and efficiency• Limited Source Bidding

• Direct Contracting

• Repeat Order

• Shopping

• Negotiated Procurement

LIMITED SOURCE BIDDING

• Also known as selective bidding

• Method of procurement that involves direct invitation to bid by the Procuring Entity from a set of pre – selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract

DIRECT CONTRACTING

• Also known as Single Source Procurement

• A method of procurement that does not require elaborate bidding documents because the supplier is simply asked to submit a price quotation or a pro – forma invoice together with the condition of sale, which offer may be accepted immediately or after some negotiation

REPEAT ORDER

• Method of procurement that involves a direct procurement of goods from the previous winning bidder, whenever there is a need to replenish goods procured under a contract previously awarded through a competitive bidding• Unit price equal or less than the provided original contract

• Shall not exceed 25% of the quantity of each item of the original contract

SHOPPING

• Method of procurement whereby the Procuring Entity simply requests for submission of price quotations for readily available off –the – shelf Goods or ordinary / regular equipment to be procured directly from suppliers of known qualification

NEGOTIATED PROCUREMENT

• Method of procurement that may be resorted under the extraordinary circumstances and instances, whereby the Procuring Entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant• 2 failed biddings

• Imminent danger to life or property during a state of calamity

BIDDING

• Bid Security shall be in an amount equal to a percentage of the ABC• Cash / Manager’s Check issued by the Universal or Commercial Bank = 2%

• Bank Draft or Bank Guarantee or Irrevocable letter of credit issued by Universal or Commercial Bank = 2%

• Surety Bond callable upon demand issue by a surety or insurance company duly certified by the Insurance Commission = 5%

BIDDING

• BID VALIDITY• Bids and bid securities shall be valid for a reasonable period, but in no case

shall the period exceed 120 calendar days from the opening of bids.

BID EVALUATION

• Lowest Calculated Bid

• Highest Rated Bid

POST QUALIFICATION

• Declaration to award the contract if the prospective bidder passed all the qualifications

• Failure to qualify, the next lowest calculated bid will be processed.

FAILURE OF BIDDING

• No bids are received

• All prospective bidders are declared ineligible

• All bids fail to comply with all the bid requirements or fail post –qualification or no successful negotiation

• The bidder with the Lowest Calculated Bid / Highest Rated Responsive Bid refuses, without justifiable cause, to accept the award of contract, and no award is made

AWARD AND IMPLEMENTATION

• Contract Award

• Contract Signing

• Contract Approval

• Notice to Proceed

PERFORMANCE SECURITY

• To guarantee the faithful performance by the winning bidder of its obligation under the contract in accordance with the Bidding Documents, it shall post a performance security prior to the signing of contract

PERFORMANCE SECURITY

• Cash or Manager’s Check issued by issued by the Universal or Commercial Bank • Goods & Consulting Services = 5% of Contract Price

• Infrastructure Projects = 10% of Contract Price

• Bank Draft or Bank Guarantee or Irrevocable letter of credit issued by Universal or Commercial Bank • Goods & Consulting Services = 5% of Contract Price

• Infrastructure Projects = 10% of Contract Price

• Surety Bond callable upon demand issue by a surety or insurance company duly certified by the Insurance Commission = 30% of contract price

WARRANTY

• Warranty against Structural Defects and Failures shall cover the following periods from final acceptance, except those occasioned by force majeure:• Permanent Structures (15 years)

• Semi – Permanent Structures (5 years)

• Other Structures (2 years)

PERMANENT STRUCTURES

• Buildings of Types 4 and 5 classified under the National Building Code of the Philippines and other structures made of steel, iron or concrete which comply with relevant structural codes• Bridges

• Flyovers

• Aircraft movement areas

• Ports

• Dams

• Tunnels

• Etc.

SEMI – PERMANENT STRUCTURES

• Buildings of Types 1, 2 and 3 of the National Building Code of the Philippines• Concrete / Asphalt Roads

• Concrete River Control

• Drainage, Irrigation Lined Canals

• Deep Wells

• Etc.

OTHER STRUCTURES

• Bailey and wooden bridges

• Shallow wells

• Spring development

• Other similar structures