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KEY FEATURES OF GPRA

 Covers procurement of all government agencies

 General Rule is Public/Competitive Bidding
 Alternative Methods of Procurement allowed in highly
exceptional cases
 Use of the Approved Budget for the Contract (ABC) as
ceiling for the bid price
 Use of transparent, objective, and non-discretionary
criteria
 Increased transparency in the procurement process
 Professionalization of procurement officials
 Inclusion of Penal and Civil Liabilities
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 GPPB FUNCTIONS

Capacity
Policy-Making Monitoring
Development
• Amend • Establish a • Ensure the proper
implementing rules implementation by
& regulations of sustainable
PEs of the Act, this
procurement law training IRR and all other
(quasi-legislative program
function)
relevant rules and
regulations on public
• Prepare generic
procurement manual procurement
and standard bidding • Review effectiveness
forms of procurement law

• Protect national interest in all matters affecting public procurement,

having due regard to the country’s regional and international obligations
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GPPB WEBSITE

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 PHILGEPS REGISTRATION

Sec. 8.5.2 All bidders shall upload and maintain in 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.

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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 PHILGEPS REGISTRATION

Bidders are mandated to register with PhilGEPS, and provide

PhilGEPS Registration Number as a condition for award on the
following modalities:

1. Sec. 50 – Direct Contracting;

2. Sec. 52.1(b) – Shopping for ordinary office supplies and
equipment not available in DBM-PS;
3. Sec. 53.3 – Take Over of Contracts (Only for New Bidders, if any.);
4. Section 53.6 – Scientific, Scholarly or Artistic Work, Exclusive
Technology and Media Services;

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 PHILGEPS REGISTRATION

Continuation:

5. Section 53.7 – Highly Technical Consultants;

6. Section 53.9 – Small Value Procurement; and
7. Section 53.10 – Lease of Real Property and Venue.

For Two-Failed Biddings and Limited Source Bidding, the BAC

shall require the submission of a Certificate of PhilGEPS
Registration in accordance with Sec. 8.5.2 of the IRR of RA 9184

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 JSDFAND
SCOPE PROJECT
COVERAGE

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) (including
Barangays)

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 SCOPE AND COVERAGE

 It shall apply to all procurement activities involving:

1. Goods and Services

2. Infrastructure Projects
3. Consulting Services

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 SCOPE AND COVERAGE

Section 4, Revised IRR

 All fully domestically-funded procurement activities

 All foreign-funded procurement activities, unless

otherwise provided in a treaty or int’l/executive
agreement

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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 SCOPE AND COVERAGE

EXCEPT:
1. Procurement for goods, infrastructure projects, and consulting
services funded from Foreign Grants covered by R.A. 8182, as
amended by R.A. 8555, entitled “An Act Excluding Official
Development Assistance (ODA) from the Foreign Debt Limit in
order to Facilitate the Absorption and Optimize the Utilization of
ODA Resources, Amending for the Purpose Paragraph 1, Section 2
of Republic Act No. 4860, as amended”, unless the GOP and the
foreign grantor/foreign or international financing institution agree
otherwise;
2. Acquisition of real property which shall be governed by R.A. 8974,
as amended by RA 10752 entitled “An Act to Facilitate the
Acquisition of Right-of-Way Site or Location for National
Government Infrastructure Projects and for Other Purposes,” and
other applicable laws;
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 SCOPE AND COVERAGE

3. Public-Private sector infrastructure or development

projects and other procurement covered by R.A. 6957,
as amended by R.A. 7718 (BOT Law), entitled “An Act
Authorizing the Financing, Construction, Operation
and Maintenance of Infrastructure Projects by the
Private Sector, and for Other Purposes,” as amended;

4. Disposal of government properties;

Commission on Audit Circular No. 86-264
DBM National Budget Circular No. 425

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 SCOPE AND COVERAGE

Enumerated activities that are not considered as procurement

undertakings under RA 9184 and its IRR:
1. Direct financial or material assistance to beneficiaries
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.

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 SCOPE AND COVERAGE

Enumerated activities that are not considered as procurement

undertakings under RA 9184 and its IRR:

1. Direct financial or material assistance to beneficiaries

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. (GPPB Circular 01-2017)

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 SCOPE AND COVERAGE

Enumerated activities that are not considered as procurement

undertakings under RA 9184 and its IRR:

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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DEFINITION OF TERMS

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 What is PROCUREMENT?

Procurement refers to the acquisition of goods, consulting

services, and the contracting for infrastructure projects by
procuring entity.

(Sec. 5(aa), IRR, R.A. 9184)

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 GOODS
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.

Except: Infrastructure projects and consulting services

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 INFRASTRUCTURE PROJECTS
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.

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 CONSULTING SERVICES

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.
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PRINCIPLES OF PUBLIC
PROCUREMENT

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 GOVERNING PRINCIPLES

ublic Monitoring
 Awareness and vigilance

ccountability
 Responsibility over actions/decisions (“Answerable”)

ompetitiveness
 Equal opportunity to all eligible bidders

ransparency
 Wider dissemination of bid opportunities

treamlined Process
 Uniformly applicable to all government agencies
 Effective and efficient method

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PROCUREMENT METHODS
AND PROCEDURES

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 PROCUREMENT METHODS

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

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 PROCUREMENT
ORGANIZATIONS

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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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HEAD OF PROCURING ENTITY (HOPE)

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

Note: In an agency, department, or office where the

procurement is decentralized, the head of each
decentralized unit shall be considered as the HoPE,
subject to the limitations and authority delegated by the
head of the agency, department, or office
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HEAD OF PROCURING ENTITY (HOPE)

FUNCTIONS AND RESPONSIBILITIES:

1. Establishes BAC and appoints its members
 Ensures that BAC members give their utmost priority
to duties
 Ensures professionalization of members of the
procurement organization

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 TSO.
(Sec. 16, 2016 IRR of RA 9184)

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HEAD OF PROCURING ENTITY (HOPE)

2. Approves the Annual Procurement Plan (APP)

3. Approves/Disapproves the Contract Award

4. Resolves Protests

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BIDS AND AWARDS COMMITTEE (BAC)

FUNCTIONS AND RESPONSIBILITIES:

 Recommends Procurement Method

 Creates a Technical Working Group (TWG)
 Conducts the bidding activities
 Resolves Requests for Reconsideration
 Recommends Imposition of Sanctions
 Invites Observers during all stages of the procurement
process
 Conducts due diligence review or verifications of the
qualifications of observers
 Prepares Procurement Monitoring Report

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BIDS AND AWARDS COMMITTEE (BAC)

FUNCTIONS AND RESPONSIBILITIES:

 Advertise and/or post the IB/REI

 Conduct pre-procurement and pre-bid conferences;
 Determine the eligibility of prospective bidders;
 Receive and open bids;
 Conduct the evaluation of bids;
 Undertake post-qualification proceedings;
 Recommend award of contracts to the HoPE or his duly
authorized representative;
 Recommend to the HoPE the use of Alternative Methods of
Procurement

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BIDS AND AWARDS COMMITTEE (BAC)

FUNCTIONS AND RESPONSIBILITIES:

 Conduct any of the Alternative Methods of Procurement;

 Conduct periodic assessment of the procurement processes and
procedures
 Perform such other related functions as may be necessary

(Sec. 12.1, 2016 IRR of RA 9184)

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BIDS AND AWARDS COMMITTEE (BAC)
FOR PROVINCES, CITIES & MUNICIPALITIES
COMPOSITION: 5 but not more than 7 MEMBERS
designated by the HOPE
i. One representative each from the regular offices under the
Office of the Local Chief Executive such as, but not limited to, the
following:
• Office of the Administrator, Budget Office, Legal Office,
Engineering Office, General Services Offices; and
ii. A representative from the end user unit.
• The Chairperson and Vice-Chairperson shall be designated by
the Local Chief Executive. The Chairperson of the BAC shall be
at least a third (3rd) ranking permanent official of the Procuring
Entity. The members of the BAC shall be personnel occupying
plantilla positions of the Procuring Entity concerned.
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BIDS AND AWARDS COMMITTEE (BAC)
FOR BARANGAY LEVEL

• The BAC shall be composed of at least five (5), but not

more than seven (7) regular members of the
Sangguniang Barangay, except the Punong Barangay.

• The Punong Barangay, being the Local Chief

Executive, shall designate the Chairperson, Vice-
Chairperson, and members of the BAC.

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BIDS AND AWARDS COMMITTEE (BAC)

TERMS OF MEMBERSHIP:

The BAC members shall be designated for a term of one

(1) year only, reckoned from the date of designation.
However, the HOPE may renew or terminate such
designation at his discretion.

Upon expiration of the terms of the current members, they

shall continue to exercise their functions until new BAC
members are designated.

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 PROHIBITED BAC MEMBERS

1. Head of the Procuring Entity

2. Official who approves procurement contracts;

3. Chief Accountant or Head of the

Provincial/City/Municipal Accounting Office and
his/her staff, unless the Accounting Department is the
end-user unit, in which case the Chief Accountant,
Head of the Accounting Department or his/her staff
may be designated as an end-user member. (COA
Circular Letter No. 2004 – 3)

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 BAC SECRETARIAT

The BAC Secretariat for the barangay level is

the Barangay Secretary.

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 BAC SECRETARIAT

FUNCTIONS:
 Provide administrative support to the BAC and TWG
 Organize BAC and TWG meetings and conferences
 Take custody of procurement documents and other
records
 Manage the sale and distribution of bidding documents
 Advertise/post bidding opportunities, including Bidding
Documents, and notices of awards
 Assist in managing the procurement process
 Monitor procurement activities and milestones
 Consolidate PPMPs
 Act as central channel of communications
 Prepare minutes of meetings and resolutions of the BAC
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TECHNICAL WORKING GROUP (TWG)

 Created by the BAC from a pool of legal, technical and

financial experts
 The Barangay Treasurer may be designated as Technical
Working Staff
-those experts outside the procuring entity concerned
may be included, i.e. government personnel and officials
and consultants from the private sector and academe
with proven expertise on the sourcing of goods, works
or consulting services. (GPPB Resolution No. 07-2012,
GPPB Circular No. 02-2012)

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TECHNICAL WORKING GROUP (TWG)
FUNCTIONS:
Assist BAC in the following activities:
 Eligibility screening
 Bid evaluation
 Post-qualification
 Review of the Technical Specifications, Scope of Work, and
Terms of Reference
 Review of Bidding Documents
 Shortlisting of consultants
 Resolution of Request for Reconsideration
(Sec. 12.1, 2016 IRR of RA 9184)

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 OBSERVERS

 Observers represent the public, the taxpayers who are

interested in seeing to it that procurement laws are
observed and irregularities are averted.
 At least three (3) Observers shall be invited coming
from:
 COA
 Duly recognized private group in the sector or
discipline of the particular type of procurement
involved
 Non-Government Organization (NGO)

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 GRANT OF HONORARIA

 PE is authorized to grant honoraria to the members of

the BAC, the TWG, and the BAC Secretariat provided
the amount so granted does not exceed twenty-five
percent (25%) of their respective basic monthly salary,
subject to the following conditions:

• funds are available for the purpose; and

• the grant of honoraria conforms to the guidelines
promulgated by the DBM. (Section 15, IRR of
R.A. 9184)

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 GUIDELINES ON THE GRANT
OF HONORARIA
 DBM Budget Circular No. 2004-5A, dated 7 October
2005, as amended by DBM Budget Circular No. 2007-3,
dated 29 November 2007.

 Only for successfully completed procurement

projects
 Limited to procurement that involves competitive
bidding – Competitive Bidding, Limited Source
Bidding and Negotiated Procurement-Two Failed
Biddings.
 Granted to Chair or Members of the BAC or the
TWG by the PE concerned.

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 GUIDELINES ON THE GRANT
OF HONORARIA
 BAC Secretariat performing attendant functions in
addition to their regular duties and functions may be
paid honoraria at the same rate as the TWG Chair and
Members
 Those who are receiving honoraria shall no longer be
entitled to overtime pay for procurement-related
services rendered.
 Payment of overtime services may be allowed for the
administrative staff, (clerks, messengers and drivers
supporting the BAC, the TWG and the Secretariat), for
procurement activities rendered in excess of official
working hours.

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 FUNDING SOURCE
 Collections from successfully completed procurement
projects, limited to activities prior to the awarding of
contracts to winning bidders:

 proceeds from sale of bid documents;

 fees from contractor/supplier registry;
 fees charged for copies of minutes of bid openings,
BAC resolutions and other BAC documents;
 protest fees; and
 proceeds from bid security forfeiture
 savings from the local budgets approved by the
sanggunian

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 CEILING FOR HONORARIA

Maximum Honorarium rate

per procurement project

BAC Chair Php 3,000.00

BAC Members Php 2,500.00

BAC Secretariat (Ad hoc) Php 2,000.00

TWG Chair and Members

Members of the BAC Secretariat whose positions are in the Procurement

Unit of the agency shall not be entitled to honoraria although the payment of
overtime services may be allowed, subject to existing policy on the matter.

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THANK YOU!!

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