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7 Source: http://www.doh.gov.ph/node/6750 7
The Duterte Administration will be
spending Php 8-9T for
infrastructure for the next 5 years
so they say it’s the GOLDEN AGE
OF INFRASTRUCTURE
8
PHILIPPINES INFRASTRUCTURE BUDGET
(Billions and % of GDP)
$17.4B
P847.2B
$15.3B (5.3%)
TARGET INFRASTRUCTURE SPENDING
P744.2B
7% of GDP (5.1%)
$11.8B
P575.7B
(4.3%)
$7.1B
$8.8B
Amount (In Billion)
P346.2B P428.4B
$6.3B (2.7%) $7.5B
P363.5B
P306.9B
$4.4B
(2.7%) $5.6B
$3.6B P215.7B
P273.9B
P175.4B (2.0%) $3.9B
(1.8%) $3.0B P190.9B
$2.0B P144.3B
$1.9B P99.5B
P90.7B
18%
33%
Amount (In Billion Pesos)
43%
32%
45%
10%
1010
1. Objectives
PHILIPPINE PUBLIC
PROCUREMENT
13
1917 ADMINISTRATIVE
CODE OF THE PHILIPPINES
PE BEFORE THE
ENACTMENT OF GPRA
14
Prior Procurement Issuances
• P.D. No. 1594 s. 1978 and its IRR – covers contracts for infrastructure and
other construction projects; (PFM)
• E.O. No. 164 s. 1987 – covers contracts for consulting services; (PCCA)
• E.O. No. 301 s. 1987 and its IRR – “Decentralizing actions on Government
Negotiated Contracts, Lease Contracts and Records Disposal. (PCCA)
• R.A. 7160 s. 1991 – Local Government Code Title Six Book Two. (PCCA)
• R.A. No. 7898 s. 1995 – Providing for the modernization of AFP and other
purposes. (PFVR)
• E.O. No. 302 s. 1996 and its IRR – covers procurement of goods, supplies,
materials and general support services; (PFVR)
• E.O. No. 322 s. 2000 – mandates NGAs and GOCCs to participate in Electronic
Procurement System of the DBM-PS. (PJEE)
Prior Procurement Issuances
• Last Amended IRR of P.D. No. 1594 - which took effect Aug. 12, 2000 covers
government infrastructure contracts; (PJEE)
• E.O. No. 201 s. 2000 – Section 3 “Providing Additional Policies and Guidelines in
the Procurement of Goods/Supplies by the National Government. (PJEE)
• E.O. No. 262 s. 2000 and its IRR - “Amending E.O. 302 s. 1996, entitled
Providing Policies Guidelines Rules and Regulation for the procurement of goods /
supplies by the National Government”. (PJEE)
• E.O. No. 40 s. 2001 and its IRR – consolidating Procurement Rules and
Procedures for all NGAs, GOCC and/or GFIs and requiring the use of the GEPS
(Goods, Infra Projects and Consulting Services, and Implements Electronic
Procurement System in Government).
(PGMA)
• Memorandum Order No. 119 dated 18 September 2003 – Amending IRR Part
A and relevant portions of E.O. 301 s. 1987. (PGMA)
ENACTMENT OF GPRA
Government Procurement
Implementing Reform Act
Rules and 10 January 2003
Regulations
Implementing Rules and
Executive Regulations (IRR) Part A
Orders 8 October2003
Memorandum
Circulars
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;
19
SCOPE AND COVERAGE
20
SCOPE AND COVERAGE
21
SCOPE AND COVERAGE
22
SCOPE AND COVERAGE
24
PROCUREMENT METHODS
25
• Sec. 49 - Limited Source Bidding
• Sec. 50 - Direct Contracting
• Sec. 51 - Repeat Order
• Sec. 52 - Shopping
• Sec 53. - Negotiated Procurement
53.1 Two Failed Biddings
53.2 Emergency Cases
53.3 Take-Over of Contracts
53.4 Adjacent or Contiguous
53.5 Agency-to-Agency
53.6 Scientific, Scholarly or Artistic Work, Exclusive
Technology and Media Services
26
53.7 Highly Technical Consultants
53.8 Defense Cooperation Agreement
53.9 Small Value Procurement
53.10 Lease of Real Property and Venue
53.11 NGO Participation
53.12 Community Participation
53.13 UN Agencies, International
Organizations or International
Financing Institutions
27
3.DEFINITION OF TERMS
28
What is PROCUREMENT?
29
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.
31
CONSULTING SERVICES
32
GPPB
www.gppb.gov.ph
33
PhilGEPS
www.philgeps.gov.ph
34
4.Procurement ORGANIZATIONS
35
ACTORS IN PROCUREMENT
Manufacturers COA
Suppliers TECHNICAL
WORKING
NGO / PO
END USER
BUDGET GROUP(TWG) CO
OFFICE
Media
Consultants
Banks
BIDS AND AWARDS APPROVING
COMMITTEE (BAC) & AUTHORITY/
SECRETARIAT HOPE International
Contractors Financing
Institution
General Public
4. PROCUREMENT ORGANIZATIONS
•HOPE – Head Of Procuring Entity (PE)
•BAC – Bids and Awards Committee
• Chairperson
• Vice-Chairperson
• Regular Member
• Provisional Member
• Provisional Member (End-User)
(Minimum of 5, maximum of 7 members)
•BAC Secretariat
•TWG – Technical Working Group
• From pool of legal, financial and technical experts
37
5.STANDARDIZED BIDDING PROCEDURE
FOR GOODS AND INFRA
Pre-Procurement Pre-Bid
Advertisement
Conf. Conference
Opening of
Submission of Opening of 2nd
1st Env. - Eligibility
Bids Envelope – Financial
Docs & Technical
Proposal
Proposal
38
Procedural Steps for Procurement
of Infrastructure Projects
NOW
Advertisement- 1 c.d.
Posting – 7 c.d.
• Appendix 1 Handbook on
Philippine Government
Procurement 2016th
Edition
40
METHOD OF PROCUREMENT
41
BIDDING PROCESS FOR THE PROCUREMENT OF GOODS / INFRA PROJECTS
A
Prepare Bid
Documents
Determine the
Bid Evaluation Lowest Calculated Bid
(LCB)
C 43
C
2nd No
Post-Qualification of
Bidding A
Lowest Calculated Bidder
Yes
Negotiated
Bidder Post-
No Procurement
Qualified?
Yes
Recommend to
Recommend Award thru HOPE the
Resolution Award to the LCRB
D 44
D
Within a period not
exceeding seven Approval of Resolution to
(7) 15 calendar days
Notify all losing bidders w/in
Award ?
3 CD Award No
approved?
Yes
W/n bid validity period,
Issue Notice of Award
Post at PhilGEPS w/in 3 CD
Yes
E 45
E
w/in NGA (15) 20 cd
GOCC- (25) 30 cd
Approval by Yes
Higher authority
required?
Approval by Higher
No Authority/ GOCC
Governing Board
Contract ?
Implementation
46
IMPLEMENTATION Defect /
PRECON WARRANTY
Period liability
Period Period
Period ( 2, 5, 15 yrs )
PLAN / End of
START COMPLETE ACCEPT END
BUDGET WS
• CARI 1 yr 1 yr
• Payments
- Advance
- Progress
-Final
-Retention money
-Variation Order
-Time Suspension / Extension
Section 8.5.2, 2016 IRR of RA 9184 - 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.
50
ELIGIBILITY REQUIREMENTS
GOODS INFRASTRUCTURE
Class B Document
JVA or notarized statement from In case of JV, JVA entered into by
the partners that they will enter the parties.
into joint venture if awarded the
contract.
52
COMMITTED LINE OF CREDIT (CLC)
56
LEGAL ELIGIBILITY CRITERIA
GOODS INFRASTRUCTURE
• General rule: 60% Filipino • General rule: 75% Filipino
• Foreign bidder allowed if: • Foreign contractors allowed if stated
1) Stated in treaty or international or in treaty or international or executive
executive agreement; agreement
2) National of a country offering
reciprocity rights to Filipinos;
3) Goods not available from local
suppliers; or
4) To prevent situations that defeat
competition or restrain trade
• If joint venture, less than 75% Filipino-
owned is allowed if -
1. Structures to be built require
techniques not possessed by 75%
Filipino-owned contractors; and
2. Should not be less than 25%
Filipino ownership
57
Eligibility Requirements under Section 23.1 of the IRR.
A. Legal
1. Registration Certificate (as appropriate)
• DTI (Sole Proprietor)
• SEC (Corporation)
• CDA (Cooperatives)
2. Valid Current Mayor’s permit (bidder principal place of business located)
3. BIR Tax Clearance
4. PhilGEPS registration
B. Financial
C. Technical
1. Statement of all on-Going/completed/ Awarded contracts but not yet started
(Gov’t. & Private) & statement identifying the single largest completed
contract similar to the contract to be bid
Exception:
Contractors under Small A and Small B categories without
similar experience on the contract to be bid may be allowed to bid
if the cost of such contract is not more than the Allowable
Range of Contract Cost (ARCC) of their registration based on
the guidelines as prescribed by the PCAB.
A contract shall be considered “similar” to the contract to be bid
if it has the same major categories of work. The PE may clarify
in the Bidding Documents what is regarded as major categories of
work.
59
FINANCIAL ELIGIBILITY CRITERIA
60
Form of Security Amt of Bid Security Amt of Performance Security
(% of the ABC) (% of Contract Price)
a) Cash or
cashier’s/manager’
s check issued by 10% infra
Universal or
Commercial Bank
b) Bank draft / 5% (goods
guarantee or 2%
and
irrevocable LC
issued by a
consulting
Universal or services)
Commercial bank
c) Surety bond
callable upon
demand issued by
a surety or
insurance 5% 30%
company duly
certified by the
insurance
commission
d) Bid Securing
Declaration (BSD)
per GPPB
Resolution No.
03-2012
(-) N/A
*For biddings conducted by LGUs, the Letter of Credit / Bank draft / Bank guarantee may be issued
by other banks certified by the BSP as authorized to issue such financial instrument
BID VALIDITY PERIOD
63
DISCLOSURE OF RELATIONS
64
II. ADVERTISEMENT/POSTING OF THE
INVITATION TO BID (IB)
2M 10M for
Above 2M 10M for
Goods/ 5M 15M
Medium Goods/
for Infra
5M 15M for Infra
and below
Newspaper of General Nationwide
Circulation
PhilGEPS website
PE’s Website, if available
Conspicuous Place
Website prescribed by the foreign
government/foreign or international
funding institution, in case of foreign
funded procurement
65
III. PRE-BID CONFERENCE
Forum where the PE’s representatives & the bidders
discuss the different aspects of the project
66
V. OPENING AND EVALUATION OF
1ST ENVELOPE
67
V. OPENING AND EVALUATION OF
1ST ENVELOPE
76
PERFORMANCE SECURITY
80
ESSENTIAL CONTENTS
CONFLICT OF INTEREST
82
ESSENTIAL CONTENTS
83
ESSENTIAL CONTENTS
BID SECURITY
NOTE:
86
ESSENTIAL CONTENTS
NOTE:
NOTE:
90
ESSENTIAL CONTENTS
NOTE:
•The ORIGINAL Technical/Financial Envelope and the COPY
Envelopes shall be CONTAINED in ONE ENVELOPE.
•All envelopes shall have the required data.
•Procuring Entity not be responsible for misplaced bid docs and
premature opening.
91
ESSENTIAL CONTENTS
92
ESSENTIAL CONTENTS
93
ESSENTIAL CONTENTS
94
2016 IRR AMENDMENTS
Submission and Receipt of Bids
95
97
Philippine Bidding Documents *
100
2016 IRR AMENDMENTS
101
2016 IRR AMENDMENTS
PBDs to be used by all NGAs, GFIs, SUCs, GOCCs and LGUs for
fully domestically-funded projects.
106
ESSENTIAL CONTENTS
CONFLICT OF INTEREST
The presence of a conflict of interest is a ground for
Bidders’ disqualification.
117
Cont.
SUBSCRIBED AND SWORN to before me this ____ day of (Month) (Year) at (Place of execution), Philippines.
Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity
as defined in the 2004 Rules on Notarial Practice (A. M. No. 02-8-13-SC). Affiant/s exhibited to me his/her (insert
type of government identification card used), with his/her photograph and signature appearing thereon, with no.
____ and his/her Community Tax Certificate No. ________ issued on ________ at ________.
__________________________
140 Select one and delete the other.
141 Select one and delete the other. Adopt the same instruction for similar terms throughout the document.
142 Issued by the GPPB Resolution 03-2012 on 27 January 2012.
143 Select one and delete the other.
119
Bidders Capacity to Undertake the Contracts
134
First Envelope
Eligibility & Technical Components
135
First Envelope
Eligibility Components
GOODS INFRA PROJECTS
• Class “A” • Class “A”
• Financial Documents • Financial Documents
• Audited Financial • Audited Financial
Statements
• NFCC computation or Statements
10% CLC from a • NFCC computation or
universal or CLC from a universal
commercial bank or commercial bank
• Class “B”
• Valid JVA or duly • Class “B”
notarized statements • Valid JVA or duly
from all JV partners notarized statements
from all JV partners
136
First Envelope
Technical Components
GOODS INFRA PROJECTS
• Bid Security • Bid Security
• Statement of ongoing projects • Statement of ongoing projects
• Statement of SLCC
• Statement of SLCC
• Technical Specifications
• Manpower requirements • Project Requirements
• After sales service/parts • Organizational Chart
• Production &/or delivery schedule
• List of Key Personnel
• Omnibus Sworn Statement
• Equipment List
(OSS) • Omnibus Sworn Statement (OSS)
• NFCC Computation or CLC
• Philgeps certificate of Registration & • NFCC Computation
membership • Philgeps certificate of Registration &
• JVA if applicable membership
• Foreign bidders (Sec 25.2) • JVA if applicable
• PCAB license & registration 137
Second Envelope
Financial Components
138
SAMPLE
139
SAMPLE
140
SAMPLE
141
6. DISCLOSURE OF RELATIONS - Rule XV, Sec. 47
GREAT
TREE OF RELATIONSHIP
GRANDPA/
MA BY CONSANGUINITY
3
4
? Bidders prohibited to apply/ bid if:
GRAND GRANDPA 1. Relatives within the 3rd degree of
PARENTS SIS / BRO
consanguinity or affinity of:
2 • Head of Office
3
PARENTS • BAC members
AUNTS
OR • BAC Secretariat
UNCLES 1 • Technical working group
2
2. Application:
BROTHER
4 a) Sole proprietorship:
YOU OR
him/ herself
SISTER
FIRST SPOUSE
COUSINS b) Partnership :
all officers & members
1 NEPHEWS
c) Corporation : all
CHILDREN 3 OR officers/ directors/ controlling
NIECES
stockholders
d) Joint Venture (JV) :
2 GRAND each member of the JV (a), (b), (c)
GRAND NEPHEWS as appropriate
CHILDREN 4 OR
NIECES
Rule XV of IRR-A of RA 9184
GREAT
GREAT
3
4 GREAT GRAND
GRAND
CHILDREN
CHILDREN
TREE OF RELATIONSHIP
BY AFFINITY
Note: Step relationships (step-brother, step-father, etc.) are considered to be the same as blood
relationships.
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9. PCAB License and Registration Particulars
Up to 15 Up to 50 Up to 100 Up to 150
Medium A B
Small B C&D Up to 3 Up to 10 Up to 15 Up to 30
E
Small A (Trade) Up to 0.5 Up to 0.5 Up to 0.5 Up to 0.5
Per PCAB Circular No. 001 S2009 for Government Projects publicized for Bidding starting 01 July 2009
PCAB Contractor
License Classification
1. Regular 1. General Engineering
2. Temporary 2. General Building
3. Special Joint 3. Specialty
Venture (JV)
General Building
PCAB BOARD RESOLUTION NO. 118
Series of 2011
Enjoining Early Filing License Renewal and Requiring Upfront Payment of P5,000
Additional License Fee (ALF) by Late Filers
0 and 1 February
2 and 3 March
4 and 5 April
6 and 7 May
to
•Transitory Period
• Effectivity [Date of Publication of Invitation to Bid (IB) ]
Suggestions/Comments
9/8/2019 11:26 PM 165
CONCLUSION
Q: What do they say our country
needs in order to have:
We need
Apolitical Leaders / Managers
with strong MORAL fibers
who are imbued with the 5 H
5 H
1. H – onesty (incorruptibility)
171