GPPB Manual of Operations
GPPB Manual of Operations
2
TABLE OF CONTENTS
Section Page
I. Introduction 4
V. Delineation of Responsibilities 21
VII. Appendices 47
3
INTRODUCTION
4
FOREWORD
5
Competitive public bidding for
government procurement in the
Philippines began more than a
century ago when the United States
Philippine Commission introduced
the American practice of public
bidding through Act No. 22 passed
on October 15, 19001.
In January 2003, Republic Act No.
9184, otherwise known as the
Government Procurement Reform
Act, was enacted. The law sought to
codify all pertinent laws and rules
governing government procurement6.
1
Atty. Rachelle Padre –Isip, Philippine Public Transparency Reporting Project, (www.peranatinito.net)
2
Ibid
3
Ibid
4
Ibid
5
Ibid
6
Ibid
6
DEFINITION OF
TERMS AND
ACRONYMS
7
a. Acknowledgement Letter – letter acknowledging receipt of a request
for an opinion and other pertinent
transactions from national government
agencies including its department,
bureaus, and offices, including state
universities and colleges, government-
owned and/or controlled corporation,
government financial institutions and
local government units.
d. BO – Blacklisting Order
g. DO – Delisting Order
8
created under GPPB Resolution No. 011-2006 dated June 14,
2006.
j. IA – Inter-Agency
o. PD – Protest Decisions
p. PR – Protest Resolutions
r. Policy Matter – are policies enacted by the GPPB through the Board
Chairperson (DBM Secretary).
9
GENERAL
INFORMATION
10
GOVERNMENT PROCUREMENT POLICY BOARD
(GPPB)
In addition, the GPPB has absorbed all the powers, functions and
responsibilities of the Procurement Policy Board that was created under
Executive Order (EO) 359, series of 1989. As such, the GPPB promulgates
rules and regulations to carry out the policy statement and intent of the said
EO, which serves as the basis for the procurement operation of the
Procurement Service (PS) of the Department of Budget and Management
(DBM) and other government agencies. In the formulation of these rules and
regulations, the GPPB may, in its discretion, consult the Chairman,
Commission on Audit, on matters falling under the functional jurisdiction of
the Commission. The GPPB conducts periodic evaluation of the effectiveness
11
of the centralized procurement system as carried out by the Procurement
Service in terms of economy and efficiency measured against the following
criteria:
For the above purpose, the GPPB may commission the undertaking of an
independent survey to accomplish this task. (Section 63, RA 9184; Section
63.4, IRR)
12
GPPB Strategic Objectives
Vision
Mission
Objectives
13
GOVERNMENT PROCUREMENT POLICY BOARD –
TECHNICAL SUPPORT OFFICE
(GPPB-TSO)
The GPPB being an inter-agency body composed of top level public officials,
is supported by its very own Technical Support Office (TSO) to provide
support in the performance of its duties and responsibilities, particularly in
spearheading the implementation of public procurement reform initiatives in
the Philippines (Sec. 63.2, Implementing Rules and regulations of Republic
Act 9184).
Functions of TSO
The TSO provides research, technical and administrative support to the GPPB
(Sec. 63.3 IRR of RA 9184), including:
14
GPPB - TSO Strategic Objectives
Mandate
15
ORGANIZATIONAL
STRUCTURE
16
THE
GOVERNMENT PROCUREMENT POLICY BOARD
(GPPB)
7 Article XX, Sec. 64 of RA 9184
17
Department of Budget and Management National Economic and Development
Authority
18
GOVERNMENT PROCUREMENT POLICY BOARD –
TECHNICAL SUPPORT OFFICE
(GPPB-TSO)
19
GPPB-TSO ORGANIZATIONAL CHART
20
DELINEATION
OF
RESPONSIBILITIES
21
TECHNICAL SUPPORT OFFICE
(GPPB-TSO)
Secretariat Division:
22
1. Evaluates the effectiveness of the government procurement system
and the procurement reform program;
2. Monitors compliance by Government agencies with procurement
laws, rules and regulations;
3. Monitors compliance to anti-graft mechanism (EO 662);
4. Monitors/Maintains database of proposed and concluded public
sector contract regardless of amount involved (EO 662-A);
5. Gathers and analyzes data on complaints against government
regarding violations of RA 9184 and its IRR and other procurement
laws and regulations;
6. Monitors performance and effectiveness of the Phil-GEPS;
7. Monitors/Compiles agencies’ Annual Procurement Plans (APPs)
and Procurement Monitoring Reports (PMRs);
8. Coordinates and liaises with other oversight bodies and agencies,
civil society and NGOs on procurement reform implementation and
initiatives;
9. Provides the following secretariat support for the Procurement
Transparency Group (PTG):
a. Prepares PTG recommendations / reports / findings for the
GPPB;
b. Prepares meeting agenda and minutes of meeting; and
c. Convenes regular PTG meetings.
10. Handles checks and reviews the compliance of procuring entities
with their reportorial requirements under various procurement
issuances, laws and regulations to the GPPB / GPPB – TSO;
11. Handles and process the following documents:
a. Agency Procurement Compliance and Performance
Indicators (APCPI) System Results;
b. Annual Procurement Plans (APPs);
c. Procurement Monitoring Report/s (PMRs);
d. Blacklisting/Delisting Orders (BO/DO);
e. List of Pre-Selected Suppliers (LSB);
f. Contract Extension Reports;
g. Protest Decisions/Resolutions;
h. List of Observers; and
i. Other reports and/or documents for handling and
monitoring, such as:
1. Copy furnished complaints and/or reports of non-
compliance and/or violation RA 9184, its IRR and other
issuances;
23
2. Observers’ Reports;
3. Copy furnished audit observations; and
4. Other PMD-related requests and queries
12. Handles requests for meetings, queries and matters related to
procurement performance and compliance monitoring.
In helping to ensure that the key objectives of RA 9184 and its IRR
are met, performance monitoring and assessment on procuring
entities plays a vital role in the policy and decision-making operations
of the Government Procurement Policy Board (GPPB) and its
Technical Support Office (GPPB-TSO).
24
2. Implements communication strategies/programs that reflect and
support government’s procurement reform programs;
3. Conducts information dissemination and strategic media campaign
on procurement reform program;
4. Develops information materials/communication tools (i.e. print,
broadcast, and electronic) to increase awareness of general public on
government procurement reform;
5. Develops a system information exchange/networking with different
stakeholders;
6. Manages publication of GPPB issuances to newspaper, official
gazette, UP Law Center and GPPB-TSO website;
7. Manages and updates online listings of suspended and blacklisted
contractors/suppliers; and
8. Maintains GPPB-TSO website.
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OPERATING
PROCEDURES
26
APPENDICES
27
“ANNEX A”
LIMITED SOURCE BIDDING
Checklist of Requirements
The function of the GPPB-TSO shall partake of a ministerial nature and shall not include the
validation of the qualifications of the suppliers or consultants contained in the list.
The following documents shall be submitted to the GPPB-TSO prior to posting of the Pre-
selected list in the GPPB Website:
_______________
Date:
28
R epub lic of the Ph ilipp in e s
Name of Agency:
Date received:
Present/
No. Particular Remarks
Absent
Name and Address of
1
Blacklisted Company
Stage of Commission:
1. Competitive Bidding
2
2. Contract
Implementation
Duly signed by the HOPE of
3
the PE or appellate authority
Department/Office Order or
4
Board Resolution Number
License number of the
5 blacklisted person/entity, if
applicable
Authorized Managing Officer
6
(AMO)
Name of project/contract and
7
location/amount
Specific ground(s)/offense(s)
8 committed per Section 4 of the
Blacklisting Guidelines
Sanction/s imposed and its date
9
of start and completion
Date of issuance of the order to
10
blacklist
Other conditions which can
11
extend duration of sanctions
Prepared by:
_______________
Date:
29
R epub l ic o f t he P h il i pp in e s
Name of Agency:
Date received:
Present/
No. Particular Remarks
Absent
Department /Office Order or
1
Board Resolution Number
Name and Address of the
2
blacklisted person/entity
Name of project/contract and
3
location
Specified sanction being
4
lifted
The number of previously
issued blacklisting
5
Department /Office Orders or
Board Resolutions
6 Effectivity date of delisting
7 Date of delisting approval
Prepared by:
_______________
Date:
30
31
R epub lic of the Ph ilipp in e s
NAME OF ADDRESSEE
Designation
AGENCY (ACRONYM)
Address
Dear <Addressee>:
We acknowledge the receipt of your letter dated <date of letter> submitting the list of
pre-selected suppliers including the relevant supporting documents relative to the procurement
for the contract of <Name of Project> through Limited Source Bidding.
Please be advised that for purposes of transparency, said pre-selected list is posted in the
GPPB website8.
4.8. Pursuant to Section 49.4, the procuring entity shall post the
procurement opportunity to be undertaken through Limited Source Bidding in
the PhilGEPS website, website of the procuring entity concerned, if available,
and at any conspicuous place reserved for this purpose in the premises of the
procuring entity concerned for seven (7) calendar days, upon receipt of said
acknowledgment letter.” (emphasis supplied)
8
http://www.gppb.gov.ph/monitoring/pre_selected.php
32
NAME OF SIGNATORY
Designation
33
R epub lic o f the Ph ilipp in e s
<Date>
NAME OF ADDRESSEE
Designation
AGENCY (ACRONYM)
Address
Dear <Addressee>:
This refers to your letter dated <date of letter>, containing the pre-selected list of
suppliers relative to the procurement of the contract for the <Name of Project> through
Limited Source Bidding (LSB) under Section 49 of Republic Act No. 9184.
Please note that under GPPB Resolution No. 05-20119, as amended by GPPB
Resolution No. 06-201210, the pre-selected list of suppliers/consultants to be submitted
shall be accompanied by a certification from the HOPE 11stating the following:
(Please choose which among the following is lacking from the submitted
document)
9
Approving the Pre‐Selection Procedure in the Conduct of Limited Source Bidding under Section 49 of
Republic Act 9184 and its Revised Implementing Rules and Regulations
10
Approving the Guidelines Amending the Pre‐Selection Procedures in the Conduct of Limited Source
Bidding under GPPB Resolution 05‐2011
11
Section 4.6 and 4.6.1, ibid.
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procurement by virtue of its mandate and nature of its
functions and operations.
In view of the above requirement of the Guidelines, kindly submit the said
certification in support of the pre-selected list. Only upon receipt of the complete
documents that GPPB-TSO shall post the pre-selected list and issue the corresponding
Acknowledgment pursuant to Sections 4.7 and 4.8 of the Guidelines:
4.8. Pursuant to Section 49.4, the procuring entity shall post the
procurement opportunity to be undertaken through Limited Source
Bidding in the PhilGEPS website, website of the procuring entity
concerned, if available, and at any conspicuous place reserved for this
purpose in the premises of the procuring entity concerned for seven (7)
calendar days, upon receipt of said acknowledgment letter. (emphasis
supplied)
NAME OF SIGNATORY
Designation
35
R epub l ic o f t he P h il i pp in e s
NAME OF ADDRESSEE
Designation
AGENCY (ACRONYM)
Address
Dear <Addressee>:
The ministerial authority of the GPPB and its Technical Support Office is limited
to the receipt and posting of blacklisting orders in its website13 and the preparation of the
Consolidated Blacklisting Report based on submitted blacklisting orders14.
12
GPPB Resolution No. 09‐2004 2004 as amended by GPPB Resolution No. 03‐2011.
13
Section 1.3 of the Implementing Guidelines of Executive Order No. 662, as Amended by Executive
Order No. 662‐A, Entitled “Enhancing the Transparency Measures under Republic Act No. 9184 and
Creating the Procurement Transparency Group.
14
Section 9.2 of the Blacklisting Guidelines.
15
www.gppb.gov.ph.
36
of Company from the list of blacklisted entities after the period of penalty has lapsed or
a delisting order is submitted to this office by the blacklisting agency.
Your effort to comply with the requirements of the procurement law and its rules
and regulations is highly appreciated.
NAME OF SIGNATORY
Designation
Copy Furnished:
NAME OF COMPANY
Address of the Company
37
R epub lic of the Ph ilipp in e s
NAME OF ADDRESSEE
Designation
AGENCY (ACRONYM)
Address
Dear Addressee:
This has reference to the Blacklisting Order No. <BO Number> dated <Date of
BO> informing this office of <Agency> decision to blacklist <Name of Company>
from participating in bidding opportunities for all government projects for a period of
<Number of year/s blacklisted> year from <start date of blacklisting> to <end date of
blacklisting>.
The ministerial authority of the GPPB and its Technical Support Office is limited
to the receipt and posting of blacklisting orders in its website18 and the preparation of the
Consolidated Blacklisting Report based on submitted blacklisting orders19. Hence, the
blacklisting order submitted to the office carries with it the presumption that the
16
GPPB Resolution No. 09‐2004 2004 as amended by GPPB Resolution No. 03‐2011.
17
GPPB Resolution No. 18‐2004.
18
Section 1.3 of the Implementing Guidelines of Executive Order No. 662, as Amended by Executive
Order No. 662‐A, Entitled “Enhancing the Transparency Measures under Republic Act No. 9184 and
Creating the Procurement Transparency Group.
19
Section 9.2 of the Blacklisting Guidelines.
38
provisions of the Blacklisting Guidelines and the Termination Guidelines were duly
complied with and that due process20 was afforded the blacklisted manufacturer,
supplier, distributor, contractor or consultant.
Your effort to comply with the requirements of the procurement law and its rules
and regulations is highly appreciated.
NAME OF SIGNATORY
Designation
Copy Furnished:
NAME OF COMPANY
Address of the Company
20
GPPB Circular 01‐2013.
21
www.gppb.gov.ph.
39
R epub lic of the Ph ilipp in es
NAME OF ADDRESSEE
Designation
AGENCY (ACRONYM)
Address
Dear Addressee:
This has reference to Blacklisting Order No. <BO Number> where the penalty of
blacklisting and disqualification from participating in bidding opportunities for all
government projects is imposed against <Name of Company> for a period of <Number of
year/s> year from <start date> to <End date>.
In this regard, we would like to clarify the <Indicate lacking requirement/s> of the
said supplier as required in the Uniform Guidelines for Blacklisting of Manufacturers,
Suppliers, Distributors, Contractors and Consultants22 (Blacklisting Guidelines).
Pending any response to the foregoing request, we shall hold in abeyance the
posting of the said Blacklisting Order. We note, however, that the non-posting of the
Blacklisting Order in the GPPB Website or the non-inclusion of the name of the blacklisted
manufacturer, supplier, distributor, contractor or consultants in the Consolidated
Blacklisting Report of the GPPB does not affect the status of the blacklisted entity in as
much as the operative act of the blacklisting is the issuance of the blacklisting order by the
agency concerned, and not the submission thereof to the GPPB.
Your effort to comply with the requirements of the procurement law and its rules
and regulations is highly appreciated.
NAME OF SIGNATORY
Designation
Copy Furnished:
NAME OF COMPANY
22
GPPB Resolution No. 09‐2004 as amended by GPPB Resolution No. 03‐2011.
40
R epub lic of the Ph ilipp in es
“Acknowledgment/Reply Letter
Template for Delisting Orders”
<Date>
NAME OF ADDRESSEE
Designation
AGENCY (ACRONYM)
Address
Dear Addressee:
We wish to emphasize that the delisting order operates to remove the name of the
blacklisted supplier from the GPPB Consolidated Blacklisting Report (CBR).
Accordingly, the delisted supplier becomes qualified to join any procurement activity of
the government unless another Blacklisting Order exists that prevents the contractor
from securing contracts from other government agencies.
23
www.gppb.gov.ph
41
Your effort to comply with the requirements of the procurement law and its rules
and regulations is highly appreciated. <Name of PMD Personnel> of the Performance
Monitoring Division of GPPB-TSO shall be coordinating with your authorized
representative with regard to the above-cited matter; or she may also be reached at 900-
6741 to 44, or email address at [email protected].
NAME OF SIGNATORY
Designation
Copy Furnished:
NAME OF COMPANY
Address of the Company
42