IRR Revisions 2016 (25 Aug 2016) - FINAL

2016 Revised Implementing
Rules and Regulations (IRR) of

Republic Act (RA) No. 9184
Published 29 August 2016
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
for
reasons for the adoption of a
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)
2
9184
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 govt 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)
3
9184
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
of contracts
d. Require submission of APP and
changes thereto to GPPB (7.4)
4
9184
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))
5
9184
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
activity
In case of ad hoc BAC Secretariat,
the HOPE shall assign full-time
support staff in its BAC
Secretariat (Sec. 14.2)
6
9184
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)

7
9184
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.
8
9184
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)
9
9184
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
For bid docs of bidding under Section 41. (Sec.
17.5)
10
9184
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
and useful life
brand and will maintain the
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)
11
9184
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
12
9184
Newspaper a. Increase thresholds for Reduce
advertisemen advertisement requirement government
t 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
13
9184
Disqualification a. Mandatory registration under Easier
of Bidders/ Platinum Membership (Sec. 8.5.2, eligibility
Failure of 25.2) check
Biddings due
to
documentary
b. Mayors permit: Reduce
requirements - Allows submission of recently expired disqualification
mayors permit with official receipt of of bidders/
Low turn-out application for renewal of permit failure of
of bidders biddings
- Allows equivalent document for
Increase
economic zones (Sec. 23.1(a)(ii),
competition
24.1(a)(ii))
c. For goods procurement, submission

of a Credit Line, as an alternative to
NFCC (Sec. 23.1(a)(viii))
14
9184
Disqualification d. For goods and infrastructure projects, Easier
of fixing the NFCCs 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 Mayors 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))
15
9184
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)
16
9184
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)
17
9184
Procurement a. Exempts the bidder from the Encourage
by Foreign mandatory PhilGEPS Certificate of participation of
Service Posts Registration (Sec. 25.2) foreign bidders
b. Winning bidder shall be required to in the
register (Registration Number only) prior procurement
to contract signing. (Section 37.1.4(a)(ii) by FSPs
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)
18
9184
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. Bidders 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
suppliers obligations as per contract
terms and conditions at the time of
inspection (Sec. 34.3(b)(iii))
19
9184
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. 20
9184
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 of 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)
21
9184
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) 22
9184
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
Liquidate 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%)
23
9184
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)
24
9184
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
25
9184
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
b. specialized products where the number
Institutions
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)
26
9184
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, excepts for ABCs P50K and
below (Sec. 54.3)
27
9184
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)
28
THANK YOU
32

IRR Revisions 2016 (25 Aug 2016) - FINAL

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2016 Revised Implementing

Rules and Regulations (IRR) of

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

c. For goods procurement, submission

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

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