Salient Features IRR RA 9184

Salient Features of the
2016 Revised Implementing Rules and

Regulations (IRR) of
Republic Act (RA) No. 9184
1
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Free Trade Mandates adherence to RA 9184 Provide
Negotiations or selection through competitive guidance and
bidding. Otherwise, negotiating directive in
panel shall ensure that the negotiations
reasons for the adoption of a for
international
different rule or method of
agreements
procurement are clearly reflected and executive
in the records of discussion. (Sec. agreements
4.3) (i.e. FTA)
6
Varying Enumerated activities that are not Clarification on
interpretations considered as procurement the
on what are undertakings under RA 9184 and its applicability of
covered by RA IRR: RA 9184 and
9184
its IRR
1. Direct financial or material
assistance to beneficiaries
2. Participation to scholarships,
trainings, continuing education etc.
3. Lease of gov’t 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
(Sec. 4.5)
7
Poor a. MYOA for Multi-year projects Improved
planning; (Sec. 5(b), 7.6); linkage of
Delay in budget to
budget b. Preparation of Indicative APP procurement;
approval; upon issuance of budget call or Efficiency in
Delay in similar document (7.3) procurement;
procurement Improved
Under- c. Undertaking Procurement Short monitoring;
spending of Award (7.6) Avoid splitting
d. Require submission of APP and of contracts
changes thereto to GPPB (7.4)
8
Lack of Allows designation of an officer of the Increases the
members to next lower rank, in case of pool from
constitute unavailability of 5th ranking which HOPE
BAC permanent official (except for BAC select its BAC
Chairperson) (Sec. 11.2.2) members
In case of procurement outsourcing, a

representative from the Procuring
Entity may be designated as a
provisional member
The Chairperson and Vice-chairperson

shall be designated by the local chief
executive (Sec.11.2.2, 11.2.3(a),
11.2.3(b)(iii))
9
Lack of full- Allows designation of an officer of Fast-track
time BAC Sec the next lower rank, in case of procurement
members to unavailability of 5th ranking
support the permanent official
BAC in every
procurement
In case of ad hoc BAC Secretariat,
activity
the HOPE shall assign full-time
support staff in its BAC Secretariat
(Sec. 14.2)
10
Role of Duties of TWG: Avoids
TWG pinpointing of
1.) Review of the Technical responsibilities
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 (12.1)
11
Lack of The HoPE shall ensure that the BAC, Procurement
training of its Secretariat and TWG members, Professionali-
HOPE, BAC, including other relevant zation
Secretariat procurement personnel are sent to
and TWG attend procurement training or
capacity development program.
Within six (6) 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 Technical Support
Office.
12
Low-turn out a. Identify stages of procurement Increase
of when observers are invited; observers’
procurement participation
observers b. Increase the period of notice
from 3 to 5 days
c. Allow access or provide copy of

bidding documents
d. If no observer report within 7

days from activity, there is a
presumption that the BAC
followed the correct procedure
(Sec. 13)
13
Poor a. Bid documents shall reflect the Quality of
specifications necessary specifications required Goods for the
to meet the needs of the PE lowest prices
b. For mixed procurement, PE

shall specify all relevant
requirements for each
procurement type (Sec. 17.2)
Non- Provide instances when bid doc Fairness in
Refundable fees may be refunded to the procurement
Fee bidder, i.e. declaration of failure of
For bid docs bidding under Section 41. (Sec.
17.5)
14
Difficulty inReference to brand names is Ensure
preparing allowed for items or parts that are compatibility,
technical compatible with the existing fleet or performance,
specifications
equipment of the same make and functionality
brand and will maintain the and useful life
Reference to of the
performance, functionality and
Brand Names equipment.
useful life of the equipment.
Prohibition on brand names likewise

apply to the goods component of
Infrastructure Projects and
Consulting Services. (Sec. 18)
15
Poor Quality Requirement on detailed Quality of
of Works engineering is emphasized. (17.6) Goods for the
lowest prices
Delay in Commencement of the Fastrack

procurement procurement process for civil procurement
due to issues works short of award, until a activities
on right of permit to enter, deed of
way sale/donation, writ of possession
is issued (17.6)
Volume of Institutionalize procurement by lot Efficiency in
Procurement (Sec. 21.1(b)) procurement
Requests
16
Newspaper a. Increase thresholds for Reduce
advertisement advertisement requirement government
cost for
newspaper
b. 2 years sunset clause on advertisements
advertisement requirement (Sec.
21.2.1)
Low a. Allow conduct of pre-bid via Clarifies
participation video-conferencing, webcasting procurement
of bidders in requirements;
pre-bid Reduce
b. Allow all prospective bidders disqualification;
(even those who did not buy bid Increase
docs) to raise queries (Sec. 22) competition
17
Disqualification a. Mandatory registration under Easier
of Bidders/ Platinum Membership (Sec. 8.5.2, eligibility
Failure of 25.2) check
Biddings due
to
documentary Per GPPB Circular No. 03-2016, Reduce
requirements dated 27 October 2016, the disqualification
implementation of the mandatory of bidders/
Low turn-out submission of PhilGEPS Certificate of failure of
of bidders Registration and Membership in biddings
Competitive Bidding has been deferred Increase
to May 1, 2017. From 28 October 2016 competition
until 30 April 2017, bidders may still
submit their Class “A” Eligibility
Documents or PhilGEPS Certificate of
Registration and Membership under
Platinum category.
18
Disqualification a. Mandatory registration under Easier
of Bidders/ Platinum Membership (Sec. 8.5.2, eligibility
Failure of 25.2) check
Biddings due
to
documentary Per GPPB Circular No. 07-2017, Reduce
requirements dated 31 July 2017, the implementation disqualification
of the mandatory submission of of bidders/
Low turn-out PhilGEPS Certificate of Registration and failure of
of bidders Membership in Competitive Bidding has biddings
been deferred. Increase
competition
19
DEFERMENT OF PHLGEPS PLATINUM
4.1.1 For all procurement projects advertised and/or posted after the
effectivity of this Circular, bidders may still submit their Class “A”
Eligibility Documents required to be uploaded and maintained
current and updated in the PhilGEPS pursuant to Section 8.5.2 of the
same IRR, or if already registered in the PhilGEPS under Platinum
category, their Certificate of Registration and Membership in lieu of
their uploaded file of Class “A” Documents, or a combination thereof.
In case the bidder opted to submit their Class “A” Documents, the
Certificate of PhilGEPS Registration (Platinum Membership) shall
remain as a post-qualification requirement to be submitted in
accordance with Section 34.2 of the 2016 Revised IRR of RA 9184;
20
DEFERMENT OF PHLGEPS PLATINUM
4.1.2 For all procurement projects advertised and/or posted starting
1 May 2017 until the effectivity of this Circular, procuring entities
and bidders are bound to observe the mandatory submission of their
PhilGEPS Certificate of Registration under Platinum Category in lieu
of the Class “A” Documents required to be uploaded and maintained
current in the PhilGEPS; and
4.1.3 In cases where the advertisements or invitations for bids were

issued prior to 1 May 2017, Procuring Entities may still allow bidders
to submit either their Class “A” Documents or the PhilGEPS
Certificate of Registration under Platinum Category, or a combination
thereof.
21
Disqualification b. Mayor’s permit: Easier
of Bidders/ - Allows submission of recently expired eligibility
Failure of check
mayor’s permit with official receipt of
Biddings due
application for renewal of permit
to
documentary - Allows equivalent document Reduce
for
requirements economic zones (Sec. 23.1(a)(ii), disqualification
24.1(a)(ii)) of bidders/
Low turn-out failure of
c. For goods procurement, submission biddings
of bidders
of a Credit Line, as an alternative to Increase
NFCC (Sec. 23.1(a)(viii)) competition
22
Disqualification d. For goods and infrastructure projects, Easier
of fixing the NFCC’s K factor at 15, eligibility
Bidders/Failure regardless of contract duration (Sec. check
of Biddings 23.4.1.4, 23.4.2.7)
due to
documentary Reduce
requirements e. For individual consultants not disqualification
registered as sole proprietors, they can of bidders/
Low turn-out submit BIR Certificate of Registration failure of
of bidders instead of DTI and Mayor’s Permit (Sec. biddings
24.1(a)(ii)) Increase
competition
f. In consulting services, submission of
foreign bidders’ SEC Certificate of
Registration and/or PRC permit is
moved from eligibility to contract award
(Sec. 37.1.4(a)(iv))
23
Strict rules on Bid envelopes that are not properly Reduce
marking/ sealed and marked, as required in the disqualification
sealing of bids bidding documents, shall be accepted, of bidders
provided that the bidder or its duly
authorized representative shall
acknowledge such condition of the bid
as submitted. The BAC shall assume no
responsibility for the misplacement of
the contents of the improperly sealed or
marked bid, or for its premature
opening(Sec. 25.9)
24
Bid Rigging/ a. BAC Secretariat shall notify in Ensure
Simulation of writing all bidders whose bids it transparency
bids; has received through its PhilGEPS- and accurate
registered physical address or representation
official e-mail address (25.7) of the bid
submission
b. The BAC shall notify all other

bidders, in writing, of its
recommendation to HOPE of award
of contract to LCRB/HRRB within 3
Calendar Days. (37.1.1)
25
Bid and a. Allows the bidder to choose their Avoid undue

Performance preferred form of bid security (Sec. 27.2) disqualification
Securities of bidders who
b. Clarifies that the amount for Bid posted more
Security shall not be less than the than the
amount of the ABC; in case of the required
Performance Security, the Contract Price. amount.
(Secs. 27.2 and 39.2)
27
Technical Strengthen post-qualification process: Ensures
capability of a. For Goods, BAC shall check: technical
suppliers and capability of
1. Delay in the partial delivery of goods
contractors bidders from
amounting to ten percent (10%) of the
their past or
contract price in its ongoing contracts;
on-going
2. Bidder’s failure to deliver within the contracts
period(s) specified in the contract or
within any extension thereof and such
failure amounts to at least ten percent
(10%) of the contract price; or
3. Unsatisfactory performance of the
supplier’s obligations as per contract
terms and conditions at the time of
inspection (Sec. 34.3(b)(iii))
28
Technical b. For Infrastructure Projects, BAC shall Ensures
capability of check: technical
suppliers and 1. Negative slippage of at least 15% in capability of
contractors any one project or a negative slippage bidders from
of at least 10% in each of 2 or more their past or
contracts; on-going
contracts
2. Failure of the contractor to
commence repair works on ongoing
contracts in accordance with Section
34.3
3. Failure of the contractor to
commence repair works on contracts
with pending certificates of acceptance
in accordance with Sec. 34.3
4. Substandard quality of work or
unsatisfactory performance at the time
of inspection. 29
Period of a. Re-scheduling of bid opening BAC/HOPE is
Action per (due to justifiable reasons, i.e given a
procurement lack of quorum, cancellation of standardized
activity office work due to bad weather): time to
determine the
-reschedule on the next working day or eligibility and
at the soonest possible time (Sec. 29) capability of
bidders
b. Standardize/adjusted period of
action:
Bid Evaluation for goods and infra

– 7 calendar days, regardless of amount
of ABC (Sec. 32.4)
30
Period of Post-qualification: BAC/HOPE is
Action per May be conducted up to 12 calendar given more
procurement days, or up to 45 calendar days in time to
activity exceptional cases for goods & determine the
infrastructure projects, or up to 30 eligibility and
calendar days for consulting services. capability of
bidders
In case of post-disqualification of the
LCB/HRB, the BAC is given a fresh
period to post-qualify the next
LCB/HRB. (Sec. 34.8)
Contract Approval by Higher

Authority:
NGAs, SUCs, LGUs, - 20 cd
GOCCs – 30 cd (Sec. 37.3)
31
Retention For Goods, retention money is Reduce
Money reduced from 10% to at least 1% transaction cost
(Sec. 62) results to lower
bid prices
For Infrastructure Projects, retention

money is retained at 10%
Termination Once the cumulative amount of PE has the
of contract/ liquidated damages reaches ten discretion w/n to
Liquidated percent (10%) of the amount of the terminate the
contract,
damages contract, the Procuring Entity may especially when
rescind or terminate the contract, the Project is
without prejudice to other courses of near completion
action and remedies available under (but LD already
the circumstances. (Sec. 68) reached 10%)
32
Procurement Removed Procurement Agent as an Clarified that
Agent alternative modality. However, PE may
Procurement
still outsource their procurement
Agent is not a
activities by: method of
a) Requesting other GoP agencies to procurement.
undertake such procurement for
them
b) Engaging private procurement
agents in accordance with GPPB
Guidelines
c) Recruiting or engaging consultants to
assist them directly and/or train their
staff (Sec. 7.3.3)
33
Difficulty in New Alternative Modality: Efficiency in
procuring the procurement
following: considering
-Media
Section 53.6 Scientific, that only 1
services;
-Scientific, supplier/contr
Scholarly or Artistic Work, actor could
academic
references, Exclusive Technology and provide the
works Media Services. needs of the
- life-saving PE
equipment
-Legal services
-Artistic works
- Infra projects
with exclusive
technology
34
Engaging the Expanded the coverage of Section 53.13, To better
services of to include IOs and IFIs for the following facilitate the
International procurement: engagement
Organizations a. small quantities of off-the-shelf goods, of the services
or primarily in the fields of education and UN agencies,
International health; IOs and IFIs.
Financial
Institutions b. specialized products where the number
of suppliers is limited, such as but not
limited to vaccines or drugs;
c. Goods, Infrastructure Projects and
Consulting Services, involving advanced
technologies, techniques and innovations
not locally available as certified by the
HoPE, when it is most advantageous to
the government. (Sec. 53.13)
35
Posting a. 3-day posting shall be required for Standardize
Requirements the following modalities: AMP rules
for
1. Limited Source Bidding;
Alternative
Methods of 2. Shopping under Section 52.1
Procurement above P50K
3. Two Failed Biddings
4. Small Value Procurement
5. NGO Participation (Sec. 54.2)
b. Posting of awards for all Alternative

Methods, except for projects with ABC
P50K and below (Sec. 54.3)
36
PhilGEPS PhilGEPS Registration Number, as a Standardize
Registration condition for award on the following AMP rules
Requirements modalities:
for 1. Direct Contracting
Alternative
2. Shopping under Sec. 52.1(b)
Methods of
Procurement 3. Take over of contracts (new bidders)
4. Scientific, Scholarly, Artistic Works etc.
5. Highly Technical Consultants
6. Small Value Procurement
7. Lease of Real Property and Venue
For Limited Source Bidding and Two-Failed

Biddings, PhilGEPS Certificate of
Registration is required. (Sec. 54.6)
37
Annex “H” of the 2016 Revised IRR
Different Issuance of Annex “H” of the 2016 Single
guidelines for Revised IRR of RA 9184. Consolidated reference on
alternative Guidelines for the following Alternative the
method of Methods of Procurement: procurement
procurement procedures
1. Direct Contracting;
and
Various 2. Repeat Order
requirements
interpretations
3. Shopping for the
of
stakeholders 4. Negotiated Procurement (Two Failed commonly-
on the Biddings; Emergency Cases; Take- resorted
procedures of Over of Contracts; Alternative
AMPs Adjacent/Contiguous; Agency-to- Modalities
Agency; Scientific, Scholarly, Artistic
Works etc.; Highly Technical
Consultants; and Lease of Real
Property and Venue)
38
Issue/s Revision
The number of a. Shopping 52.1(a) and Emergency
quotation that Procurement– send at least 1 RFQ
the BAC has to
obtain, in
order to b. Shopping 52.1(b) – send at least 3 RFQs, receive
proceed with
the negotiation at least 3 quotations
c. Two Failed Biddings, Small Value

Procurement, Lease of Real Property/Venue -
send at least 3 RFQs, receive at least 1 quotation will
suffice
39
Issue/s Revision
25% 25% threshold requirement is removed, provided that
threshold the servicing agency has the mandate and absorptive
requirement capacity to undertake the project
for Agency to
Agency
procurement
Procurement Negotiated Procurement under Section 53.10 on lease
of Public- of real property and venue for public-use cover both
owned real publicly-owned and privately-owned.
property/ven
ue for public
use
Thresholds Doubled the thresholds for all PEs, except for Barangays
for SH & SVP (maintained at P50,000)
40
THANK YOU
41
GPPB CIRCULAR NO. 2001-2017
3.5 Section 4.5(a) of the 2016 Revised IRR of RA 9184
contemplates financial or material assistance given
directly to individual recipients or beneficiaries to
address their immediate medical, funeral, transportation
and other allied needs and concerns, which do not
involve actual procurement of goods and services by
government agencies. Accordingly, if the direct financial
or material assistance takes the form of goods, supplies
or items that are to be procured (e.g., relief goods), the
same do not fall within the coverage of the cited
provision, but is subject to procurement rules and
regulations embodied in RA 9184 and its IRR.
• http://www.gppb.gov.ph/issuances/Circulars/Circular%20No.%2001-2017.pdf
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42
JOB ORDER WORKERS
5.4 Job Order refers to piece work (pakyaw) or
intermittent or emergency jobs such as clearing
of debris on the roads, canals, waterways, etc.
after natural/man-made disasters/occurrences
and other manual/trades and crafts services
such as carpentry, plumbing, electrical and the
like. These jobs are of short duration and for a
specific piece of work.
43
JOB ORDER WORKERS
9.0 Payment of Services under Job Order
Individuals hired through job order shall be paid
wages equivalent to the daily wage/salary of
comparable positions in government and a
premium of up to 20% of such wage/salary. The
payment of services shall be charged against the
Maintenance and Other Operating Expenses in
the approved agency budget.
44
JOB ORDER WORKERS
13.0 Resolution of Issues
Issues and concerns that may arise in the
implementation of these rules and regulations
shall be resolved by the CSC, COA and DBM, as
appropriate.
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45

Salient Features IRR RA 9184

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Salient Features IRR RA 9184

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Salient Features of the

2016 Revised Implementing Rules and

In case of procurement outsourcing, a

The Chairperson and Vice-chairperson

Within six (6) months upon

c. Allow access or provide copy of

d. If no observer report within 7

b. For mixed procurement, PE

Prohibition on brand names likewise

Delay in Commencement of the Fastrack

4.1.3 In cases where the advertisements or invitations for bids were

b. The BAC shall notify all other

Bid and a. Allows the bidder to choose their Avoid undue

Bid Evaluation for goods and infra

Contract Approval by Higher

For Infrastructure Projects, retention

b. Posting of awards for all Alternative

For Limited Source Bidding and Two-Failed

c. Two Failed Biddings, Small Value

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