GOVERNMENT

PROCUREMENT

LUDIVINA M. TAGUIAM-POTOT
Acting Regional Director
Chief Budget and Management Specialist
DBM RO2
Tuguegarao City
PHILIPPINE GOVERNMENT
PROCUREMENT LAWS:
THEN AND NOW
ENACTMENT OF THE GPRA OR REPUBLIC ACT NO. 9184

Executive
Orders
Administrative
Issuances

Memorandum
Circulars

Implementing
Rules and
Regulations
DEVELOPMENT

CHALLENGES BEFORE SOLUTIONS BROUGHT

GPRA ABOUT BY GPRA

Confusion caused by Enactment of the GPRA

fragmented legal system Creation of the Government
Inconsistent policies, rules, and Procurement Policy Board
regulations due to lack of (GPPB)
standards
Use of Philippine Government
Lack of transparency Electronic Procurement System
Lack of check and balance
Participation of Civil Society
PURPOSE – RA 9184

Modernize

Regulate
Standardize
 THE GOVERNMENT
PROCUREMENT POLICY
BOARD AND ITS TECHNICAL
SUPPORT OFFICE
www.gppb.gov.ph
GOVERNMENT PROCUREMENT POLICY BOARD (GPPB)

Board of 15 member-
agencies
DBM

NEDA

PHILIPPINE
DTI DND DOF DOST DOE SPACE
AGENCY

PRIVATE
DPWH DOH DEPED DILG DOTr DICT SECTOR
REP

Invited Resource Persons from RGAs/3-fold functions

PRINCIPLES OF PUBLIC
PROCUREMENT
GOVERNING PRINCIPLES
 KEY CONCEPTS ON
GOVERNMENT PROCUREMENT
WHAT IS PROCUREMENT?

Refers to the acquisition of goods, consulting services and the contracting for
infrastructure projects by the Procuring Entity (PE). It shall also include the lease
of goods and real estate.

3 Types of Procuremet
WHAT IS GOODS?

Refer to all items, supplies, materials and general support services, except
Consulting Services and Infrastructure Projects, which may be needed in the
transaction of :
WHAT IS INFRASTRUCTURE PROJECTS?

Include the construction,

improvement, rehabilitation,
demolition,repair, restoration IT Communication
Projects Irrigation Facilities
or maintenance of:

Energy/ Airports Flood

Power and
and
Control Water
Electrification and
Supply
Facilities Seaports Drainage

Sanitation, National/
Roads Sewerage School, Shore
Railways and and Solid Hospital Protection
Bridges Management Buildings
WHAT IS CONSULTING SERVICES?

Refer to services for infrastructure projects and other types of projects or

activities requiring adequate external technical and professional expertise that
are beyond the capability of the government to undertake:
SCOPE AND COVERAGE OF
GPRA AND ITS 2016 REVISED
IMPLEMENTING RULES AND
REGULATIONS
Scope and Coverage

Treaty or International
or Executive
Agreement

Foreign-funded
National Government procurement
State Universities and
Agencies Competitive Bidding
Colleges

Government Owned
or Controlled
Corporations

Government Financial Local Government

Institutions Units

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
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Scope and Coverage

Activities that are not considered as procurement

undertakings under R.A. No. 9184 and its IRR

Direct financial or material assistance

given to beneficiaries EXCEPT if it takes
the form of goods, supplies and items to
be procured

Participation to both local or foreign scholarships,

trainings, continuing education, conferences,
seminars or similar activities that are governed by
Commission on Audit, Civil Service Commission,
and Department of Budget and Management rules.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
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PROCUREMENT
ORGANIZATION
WHO ARE THE PROCUREMENT ACTORS?

?
HEAD
Head ofOF THE PROCURING
Procuring Entity (HoPE) ENTITY (HoPE)
FUNCTIONS AND RESPONSIBILITIES OF HoPE

Establishes BAC and appoints the members

May designate alternate BAC members, who shall have the same qualifications as that of the members
originally designated under Section 11.2.2 of this IRR. (Section 11.2.4)

Ensures the professionalization of the BAC, its Secretariat and TWG Members
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. (Section 16 )

Approves the Annual Procurement Plan (APP) Resolves Protest

To expedite the procurement process, the HoPE shall
Approves or Disapproves the Contract Award ensure that the members of the BAC, its Secretariat and
TWG, shall give utmost priority to BAC assignments over
all other duties and responsibilities, until the requirements
for the said assignments at hand are completed. (Sec.
14.3, 2016 RIRR)
BIDS AND AWARDS COMMITTEE (BAC)

General Rule: HoPE must create a single BAC

Separate BACs may be created under any of the following conditions:
The items to be procured are complex or specialized;

If the single BAC cannot reasonably manage the procurement transactions as

shown by delays beyond the allowable limits; or

If the creation is required according to the nature of the procurement.

The HoPE shall designate 5-7 Members occupying plantilla positions in the Procuring
Entity concerned, and of unquestionable integrity and procurement proficiency
QUALIFICATIONS

For NGAs, GOCCs, GFIs and SUCs

Regular Members Provisional Members

Chairperson (3rd Ranking Permanent Official); Officer Possessing technical
Member representing the Legal or expertise relevant to the
Administrative areas (5th or 3rd* Ranking procurement
Permanent Personnel, of if not available, the End User Representative
next lower rank)
Member representing the Finance Area (5th or
3rd* Ranking Permanent Personnel, of if not
available, the next lower rank) • The Chairperson and the Vice-Chairperson are
designated by the HoPE from the Regular Members.

*In the case of bureaus, regional offices and sub-regional/district offices

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
FUNCTIONS AND RESPONSIBILITIES OF THE BAC

bidding process
BAC SECRETARIAT

Organic
HoPE may create a new
office or designate an
existing organic office to act
as BAC Secretariat

Ad Hoc
In case of ad hoc BAC Secretariat,
the HoPE shall assign full- time
support staff in its BAC Secretariat
There is no minimum or maximum number of
members of the BAC Secretariat
BAC SECRETARIAT HEAD/Functions of the BAC Sec.

Functions:
Head of the BAC Secretariat Provide administrative support to the BAC and TWG
must be at least a 5th or 3rd
ranking permanent employee Organize BAC and TWG meetings and conferences
or, if not available, a Prepare minutes of meetings and resolutions
permanent official of the Take custody of procurement documents and other
lower rank. 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 processes

Integrity and Procurement proficiency

Monitor procurement activities and milestones
shall also be considered upon Consolidate PPMPs and prepare the APP
designation.
Act as central channel of communications.
TECHNICAL WORKING GROUP (TWG)

Functions:
Created by the BAC from a Review of the Technical Specifications, Scope of
pool of:
Work, and Terms of Reference
Technical Experts
Review of Bidding Documents
Financial Experts
Shortlisting of Consultants
Legal Experts
Eligibility screening
Evaluation of Bids
BAC may create separate
Post-qualification
TWGs to handle different
procurements. Resolution of Request for Reconsideration
END-USERS
 OBSERVERS – PB, LSB and 2FB

Prepare and
Shall be invited, in writing at least five (5) calendar days
Submit before the date of the:
Observation
Report Notify PE of Eligibility Checking Preliminary Examination of Bids
Conflict of
Interest Shortlisting Bid Evaluation

Pre-bid Conference Post-Qualification

Allowed to access, free of charge:

subject to signing of Confidentiality Agreement
Non-
Private * Government APP and related PPMP
Organization Minutes of BAC Meetings
Commission
* Opened Proposals
on Audit
Abstract of Bids
* SEC/CDA registered and should meet Post- Qualification Summary Report
• Knowledge, experience or expertise in procurement or in the subject
matter of the contract to be bid;
• Absence of actual or potential conflict of interest in the contract to be
bid; and New: Mandatory: Provision of Online Access for Observers GPPB Circular No. 01-2021
• Any other relevant criteria that may be determined by the BAC.
PHILIPPINE PROCUREMENT PARADIGM

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PHILIPPINE PROCUREMENT PARADIGM

2 ASSESS PROCURE 3
HOPE
Review feasibility/ market studies HOPE
Post/Advertise opportunity
BAC
Consolidate into Annual
Open and evaluate bids BAC
Procurement Plan (APP)
Post-qualify
BAC Sec
Decide procurement method
Award and enter into contract TWG
Approve APP
Budget Determine readiness
PROCUREMENT BAC Sec
PLANNING

1 IDENTIFY IMPLEMENT 4
Cost-benefit analysis Oversee implementation
Feasibility study Inspect and accept deliveries
Release payment
Market study End User
End User
PPMP

NEEDS SATISFACTION

UNDERSPENDING
THANK YOU

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