12/04/2018

GOVERNING PRINCIPLES

Transparency Competition Streamlined System of Public

Process Accountability Monitoring
LATEST UPDATES ON THE • Wider • Equal
REVISED IMPLEMENTING RULES dissemination
of bid
opportunity to
all eligible
• Uniformly
applicable to
• Answerable • Awareness
and Vigilance
AND REGULATIONS (IRR) OF opportunities bidders all
government
agencies
REPUBLIC ACT (RA) NO. 9184
• Effective and
efficient
method

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GOVERNMENT PROCUREMENT POLICY GPPB FUNCTIONS

BOARD (GPPB)
 Composed of the following: Capacity
Policy-Making Development Monitoring
 Chairman: DBM Secretary
 Alternate Chairman: NEDA Director- • Amend implementing • Ensure the proper
• Establish a
General rules & regulations of
sustainable implementation by
procurement law
 12 Regular Members – Secretaries of (quasi-legislative training
PEs of the Act, this
DPWH, DTI, DOH, DND, DepEd, DOF, function)
IRR and all other
program relevant rules and
DILG, DOST, DOTr, DOE & DICT (Per RA • Prepare generic
procurement manual regulations on public
10844), or their duly authorized and standard bidding procurement
representatives; and Private Sector forms • Review effectiveness
Representative of procurement law
 Invited Resource Persons (audit, anti-
corruption agencies)
• Protect national interest in all matters affecting public procurement, having
due regard to the country’s regional and international obligations
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2016 REVISED IRR OF RA 9184

• In 2014, one of the identified reasons for government

underspending is delay in procurement. LATEST UPDATES ON THE 2016
REVISED IRR OF RA 9184
• Per GPPB Resolution No. 06-2015 dated 30 January
2015, the GPPB created the IRR Review Committee
(IRC), consisting of the members of the Inter-Agency
Technical Working Group to review the IRR and propose
amendments thereto.

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Varying Enumerated activities that are not Clarification on
interpretation considered as procurement the
s on what are undertakings under RA 9184 and its applicability of
What are not considered covered by IRR: RA 9184 and
RA 9184 its IRR
Procurement? 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
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Lack of Allows designation of an officer of Increases the
members to the next lower rank, in case of pool from
Can a 6th ranking official of the PE be constitute
BAC
unavailability of 5th ranking
permanent official (except for BAC
which HOPE
select its BAC
designated as a BAC member? 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))
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Lack of full- Allows designation of an officer of the Fast-track
time BAC next lower rank, in case of procurement
Can you have an adhoc BAC Sec unavailability of 5th ranking permanent
members to official
Secretariat? support the
BAC in every In case of ad hoc BAC Secretariat,
procurement the HOPE shall assign full-time
activity support staff in its BAC Secretariat
(Sec. 14.2)

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Lack of The HoPE shall ensure that the BAC, Procurement
training of its Secretariat and TWG members, Professionali-
How often should the BAC undergo HOPE, BAC, including other relevant procurement zation
Secretariat personnel are sent to attend capacity
procurement training? and TWG 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.

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Poor a. Bid documents shall reflect the Quality of
specifications necessary specifications required Goods for the
Can you refund Bidding Documents to meet the needs of the PE lowest prices

fee? b. For mixed procurement, PE shall

specify all relevant requirements
for each procurement type (Sec.
17.2)

Non- Provide instances when bid doc fees Fairness in

Refundable may be refunded to the bidder, i.e. procurement
Fee declaration of failure of bidding
For bid docs under Section 41 (Sec. 17.5)

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Difficulty in Prohibition on brand names likewise
Ensure
Can you identify a brand name in preparing apply to the goods component of compatibility,
technical Infrastructure Projects andinteroperability,
procurement for Infrastructure and specifications Consulting Services. (Sec. 18) performance,
Consulting Services? Reference to
functionality
and useful life
Brand Names However, PEs may indicate brand of the
names for items or parts that are equipment.
compatible with the existing fleet or
equipment of the same make and
brand and will maintain the
performance, functionality and useful
life of the equipment.

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Poor Quality Requirement on detailed Quality of Goods
of Works engineering is emphasized. (Sec. for the lowest
17.6) prices
Do you need to post Bid Notices in
Newspaper a. Increase thresholds for Reduce
newspaper of general circulation? 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 of video-conferencing, webcasting procurement
bidders in pre- b. Allow all prospective bidders requirements;
Reduce
bid (even those who did not buy bid disqualification;
docs) to raise queries (Sec. 22) Increase
competition
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Disqualificati a. Mandatory registration under Easier
on of Platinum Membership (Sec. 8.5.2, eligibility check
Bidders/ 25.2)
Is Platinum membership mandatory? Failure of Per GPPB Circular No. 07-2017 which Reduce
Biddings due disqualification
took effect on 3 September 2017, the
to of bidders/
mandatory requirement under Sec.
documentary failure of
requirements 8.5.2 on the submission of PhilGEPS biddings
Certificate of Registration and Increase
Low turn-out Membership under Platinum competition
of bidders category for Competitive Bidding,
Limited Source Bidding and Two-
Failed Bidding has been deferred
until revoked by the GPPB.

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Disqualificati b. Mayor’s permit: Easier
on of - Allows submission of recently eligibility check
Bidders/
When can BAC accept a recently Failure of
expired mayor’s permit with official
receipt of application for renewal Reduce
expired mayor’s permit? Biddings due
of permit
disqualification
to of bidders/
documentary - Allows equivalent document for failure of
requirements economic zones (Sec. 23.1(a)(ii), biddings
24.1(a)(ii)) Increase
Low turn-out competition
of bidders
c. For goods procurement,
submission of a Credit Line, as an
alternative to NFCC (Sec.
23.1(a)(viii))
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Disqualificati b. Mayor’s permit: Easier
on of - Allows submission of recently eligibility check
Bidders/ expired mayor’s permit with official
Is there an alternative to NFCC? Failure of
Biddings due
receipt of application for renewal Reduce
disqualification
of permit
to of bidders/
documentary - Allows equivalent document for failure of
requirements economic zones (Sec. 23.1(a)(ii), biddings
24.1(a)(ii)) Increase
Low turn-out competition
of bidders
c. For goods procurement,
submission of a Credit Line, as an
alternative to NFCC (Sec.
23.1(a)(viii))
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Disqualificati d. For goods and infrastructure projects, Easier
on of fixing the NFCC’s K factor at 15, eligibility check
Can an individual consultant be Bidders/Failu regardless of contract duration (Sec.
23.4.1.4, 23.4.2.7)
re of Biddings Reduce
allowed to submit an alternate to a due to e. For individual consultants not disqualification
mayor’s permit? documentary
requirements
registered as sole proprietors, they
can submit BIR Certificate of
of bidders/
failure of
Registration instead of DTI and biddings
Low turn-out Mayor’s Permit (Sec. 24.1(a)(ii)) Increase
of bidders f. In consulting services, submission of competition
foreign bidders’ SEC Certificate of
Registration and/or PRC permit is
moved from eligibility to contract
award (Sec. 37.1.4(a)(iv))

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Strict rules on Bid envelopes that are not properly Reduce
marking/ sealed and marked, as required in the disqualification
Can the BAC accept an unsealed bid sealing of bidding documents, shall be of bidders
bids accepted, provided that the bidder or
envelope ? 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)

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Bid Rigging/ a. BAC Secretariat shall notify in Ensure
Simulation of writing all bidders whose bids it transparency
Who should be notified of the award bids; has received through its PhilGEPS- and accurate
registered physical address or representation
of contract? official e-mail address (Sec. 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. (Sec.
37.1.1)

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Procurement a. Exempts foreign bidders from Encourage
by Foreign the mandatory PhilGEPS participation of
Service Posts Certificate of Registration (Sec. foreign bidders
Is there an exemption from Philgeps 25.2) in the
registration? b. Winning bidder shall be required
procurement
by FSPs
to register (Registration Number
only) prior to contract signing.
(Section 37.1.4(a)(ii)
Bid and a. Allows the bidder to choose their Avoid undue
Performance preferred form of bid security (Sec. disqualification
Securities 27.2) of bidders who
b. Clarifies the required amount for posted more
than the
Bid Security and Performance
required
Security(Secs. 27.2 and 39.2)
amount.
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Procurement a. Exempts foreign bidders from the Encourage
by Foreign mandatory PhilGEPS Certificate of participation of
Service Posts Registration (Sec. 25.2) foreign bidders
Can the PE require a type of bid b. Winning bidder shall be required to in the
security? register (Registration Number only)
procurement
by FSPs
prior to contract signing. (Section
37.1.4(a)(ii)
Bid and a. Allows the bidder to choose Avoid undue
Performance their preferred form of bid disqualification
Securities security (Sec. 27.2) of bidders who
b. Clarifies the required amount for posted more
than the
Bid Security and Performance
required
Security(Secs. 27.2 and 39.2)
amount.
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Retention For Goods, retention money is Reduce
Money reduced from fixed 10% to at least transaction
1% (Sec. 62) cost results to
How much is the retention money For Infrastructure Projects, retention lower bid
under RA 9184? money is retained at 10%
prices

Termination Once the cumulative amount of PE has the

of contract/ liquidated damages reaches ten discretion w/n
Liquidated percent (10%) of the amount of the to terminate
damages contract, the Procuring Entity may the contract,
rescind or terminate the contract, especially
without prejudice to other courses of when the
action and remedies available under Project is near
the circumstances. (Sec. 68) completion

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Retention For Goods, retention money is reduced Reduce
Money from fixed 10% to at least 1% (Sec. 62) transaction
Should the PE rescind a contract For Infrastructure Projects, retention cost results to
lower bid
once the amount of liquidated money is retained at 10%
prices
damages reach 10%?
Termination Once the cumulative amount of PE has the
of contract/ liquidated damages reaches ten discretion w/n
Liquidated percent (10%) of the amount of the to terminate
damages contract, the Procuring Entity may the contract,
rescind or terminate the contract, especially
without prejudice to other courses when the
of action and remedies available Project is near
under the circumstances. (Sec. 68) completion

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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact
Procurement Removed Procurement Agent as an Clarified that
Agent alternative modality. However, PE may Procurement
still outsource their procurement Agent is not a
Is Procurement Agent a method of activities by: method of
procurement? 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)
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Difficulty in New Alternative Modality: Efficiency in
procuring the procurement
Do you undertake public bidding for following:
-Media
considering
Section 53.6 Scientific, Scholarly or that only 1
engaging the services of an artist? services; Artistic Work, Exclusive Technology supplier/contra
-Scientific,
and Media Services. ctor could
academic
references, provide the
works needs of the
- life-saving PE
equipment
-Legal services
-Artistic works
- Infra projects
with exclusive
technology
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2016 REVISED IRR OF RA 9184

Issue/s Revision Impact

Delay in Specific procurement activities Fastrack
procurement may be held on a Saturday, Sunday, procurement
Can the BAC conduct business on a process due to nonworking day or holiday: provided, activities
declaration of that the BAC, secretariat and TWG
Saturday? holidays members shall be available on such
date, and the appropriate
supplemental/bid bulletin is
issued and posted pursuant to the
posting requirements embodied in
section 22.5.3 of
this IRR.

(GPPB Resolution No. 21-2017)

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ANNEX “H” OF THE 2016 REVISED IRR

Issue/s Revision
The number a. Shopping 52.1(a) and Emergency Procurement–
How many quotations should the PE of quotation send at least 1 RFQ
that the BAC
receive for alternative modes of has to obtain,
b. Shopping 52.1(b) – send at least 3 RFQs, receive
procurement? in order to
proceed with at least 3 quotations
the
negotiation
c. Two Failed Biddings, Small Value Procurement,
Lease of Real Property/Venue - send at least 3
RFQs, receive at least 1 quotation will suffice

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ANNEX “H” OF THE 2016 REVISED IRR

Issue/s Revision
25% 25% threshold requirement is removed, provided
threshold that the servicing agency has the mandate and
requirement
Is there a limit on the amount of A to for Agency to
absorptive capacity to undertake the project

A procurement? 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/venu
e for public
use
Thresholds Doubled the thresholds for all PEs, except for
for SH & SVP Barangays (maintained at P50,000)
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2016 REVISED IRR OF RA 9184

Revised Guidelines on Procurement of WETI

Service Providers
Can you expand the services of an (Resolution No. 41-2017)
existing provider under the WETI – During the effectivity of the contract, or upon its
renewal, the PE may consider the expansion or
rules? reduction of the services provided by the existing
service provider subject to the need of the PE and the
best way by which such need may be addressed and
satisfied
– Resort to competitive bidding, or any of the
applicable alternative methods of procurement in
case there is more than one service contractor
operating within the area
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2016 REVISED IRR OF RA 9184

Revised Guidelines on Contract Implementation for

Infrastructure Projects
(Resolution No. 07-2018)
Can the PE adopt a milestone based
progress billings? – Progress Payment – PE may require in the Bidding
Documents that statement of work accomplished or
progress billing and the corresponding request for
progress payment may only be submitted upon actual
completion of the infrastructure project or a specific
portion, segment, milestone or phase thereof.

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GREEN PUBLIC PROCUREMENT

• GPPB Resolution 21-2016, dated 23 September

2016 approves the green specifications for the first
tranche of Common-Use Supplies and Equipment.
What is green public procurement?
– Toilet Paper - LEDs
– Record Books - Toilet Cleaner
– Multicopy paper - Detergent Powder
– Plastic Trash Bag - Liquid Hand Soap
– Plastic Chairs - Disinfectant Hand
Spray

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PHILGEPS MODERNIZATION

Modernization of the Philippine Government

Electronic Procurement System (mPhilGEPS)
What is mPhilgeps? Existing Features Additional Features in mPhilGEPS
• Electronic Bulletin Board • Annual Procurement Plan
• Subscriber Registry (Uploading and Modification)
• Automatic Notification • e-Catalogue
• Government of the Philippines- • e-Bid Submission
Official Merchants Registry • Contract Management
(GOP-OMR) • e-Payment
• e-Reverse Auction
• Analytics
• System Linkages

84 85

PHILGEPS MODERNIZATION PHILGEPS MODERNIZATION

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PHILGEPS MODERNIZATION

Project Milestones
PHASE 1A & 1B
• Annual Procurement Plan
• Electronic Bulletin Board
• Central Registration
• Site Administration
• eCatalogue
What is the virtual store?
• Membership Upgrading

FEB 2018 SEP 2018 JAN 2019 APR 2019 JUN 2019

KICK OFF PROJECT COMPLETION

PHASE 3
PHASE 2 • Reverse Auction
• E-Bidding • Linkage to BTMS
• Contract • Linkage to other eGovernment
Management Systems

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ONLINE PROCUREMENT via the

VIRTUAL STORE
VIRTUAL STORE
a) Faster procurement and ordering process for
Refers to the online service CSE;
of the mPhilGEPS that b) Easier payment process on orders through the e-
Wallet;
allows agencies to view,
c) Real-time stock level and prices are readily
search, select, and procure available;
CSE. d) Ensures availability of CSEs ordered
(reservations are not allowed); and
e) VS kiosks will be available in the DBM-PS
Regional depots.
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VIRTUAL STORE

5. 1. Agency
THANK YOU
DeliverY
Address: Unit 2506 Raffles Corporate Center, F. Ortigas Jr. Road,
Ortigas Center, Pasig City
2. VS
Telephone: (+632) 9006741 to 44
Website: http://www.gppb.gov.ph
Email: [email protected]

4. e-
Wallet 3. CSE
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