BL01 - Principles and Practices of Public Procurement
BL01 - Principles and Practices of Public Procurement
PROCUREMENT SPECIALIST
COURSE
(BASIC LEVEL)
SESSIONS
Session I Principles and Practices of Public Procurement
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.
Session I
1. An overview of global best procurement practices, and enable them to relate the same to
existing practices under the current government procurement framework and system in the
Philippines.
1. An orientation on which procurement practices under RA 9184 and its IRR are acceptable
and unacceptable to multilateral development banks (MDBs), for use and application in their
financed projects.
II I
Basic Concepts
IV Latest Issuances
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.
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.
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.
6
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 :
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.
7
What is Infrastructure Projects?
Energy/ Flood
Power and Airports Control Water
Electrification and
Facilities
and
Drainage
Supply
Seaports
Sanitation, National/
Roads School,
Railways Sewerage
and and Solid Hospital Shore
Bridges Management Buildings Protection
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.
8
What is Consulting Services?
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.
9
Head of Procuring Entity
GOCC,
GFI, SUC Governing Board
Award of Pre-Bid
Contract Conference
Post-
Eligibility
Qualificatio
Screening
n
Receipt
Evaluation and
of Bids Opening of
Bids
Contracts
• Unilateral Contract
• Used by the purchasing
unit to place an order with
a supplier
Approved Budget for the Contract
• GAA
• Corporate Budget
• Budget approved by
Sanggunian through an
appropriation ordinance
Approved Budget for the Contract
Contractor, Manufacturer,
Supplier, Distributor,
Consultant
Procuring Entity
NGAs GOCCs,
GFIs
SUCs LGUs
Constitutional
Commission
Foreign Funded Procurement
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.
20
Best Procurement Practices
What to Purchase
Discretion of Government
How to Purchase
Best Procurement Practices
Whole-
consumable
of-life transition out
costs Costs costs
cost of additional
features procured licensing costs
after the initial
procurement
Best Procurement Practices
5. Ethical Procurement
6. Specifications
7. Spend Analysis
8. Lease-Purchase Decision
Outsourcing
e. Raising Awareness
13.Technology
In order to meet the eligibility WB: Forming joint ventures with local Acceptable
requirement on Filipino firms for foreign firms’ eligibility is not
ownership, foreign firms may required.
form joint ventures with local
firms. Firms participating in bank financed
contracts may form joint ventures to
enhance their qualifications and
capabilities
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
Joint venture partners are jointly and Joint venture partners are jointly Acceptable
severally liable. and severally liable.
The law does not set limitations on the Limitations on the number of firms Acceptable
number of firms who can bid for a are not allowed.
contract.
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
in accordance with the provisions of Preference based on region or Unacceptable
Commonwealth Act No. 138, is locality of registration is not
adopted in the procurement law. allowed.
There is also preference to
Domestic Bidders, subject to
certain conditions. The award shall
be made to the lowest Domestic
Bidder, provided his bid is not more
than fifteen percent (15%) in
excess of the lowest Foreign Bid.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable
RA 9184 and its IRR WB and ADB POLICY
to MDBs
There are no restrictions on sources of Restriction on sources of labor and Acceptable
labor and materials under RA 9184. materials is not allowed, except for
unskilled labor, if available locally.
For goods and works, the law requires ADB: Two-envelope bidding is
two envelopes, which are opened on allowed.
the same day of the bid opening. WB: Two-envelope bidding should
be discouraged.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable
RA 9184 and its IRR WB and ADB POLICY
to MDBs
WB: Two-envelope bidding should be Acceptable
discouraged. Allowed only if (i) domestic law
precludes use of one envelope and (ii)
provide adequate safeguards against
retaining second envelope unopened and
incorporated in the two envelope procedures
and effective bid protest mechanisms are
already in place for the due processing of bid
complaints.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
The law allows award to a lone bidder Automatic rebidding is Acceptable for WB
provided it is responsive. acceptable, provided all
responsive bidders are allowed to Unacceptable for ADB
bid, the process is efficient and no
serious delays result.
ABC is used as a ceiling for acceptable ADB: Use of ABC as a ceiling is Acceptable for WB. Unacceptable
bid prices. For foreign-funded not allowed. for ADB.
procurement, ABC shall be applied as a WB: Using ABC as a ceiling is
ceiling provided the following conditions allowed under certain conditions.
are met: a) Bidding documents are
obtainable free of charge on a freely
accessible website.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
If payment is required, it could be made ADB: Use of ABC as a ceiling is Acceptable for WB.
upon submission of bids; b) The not allowed. Unacceptable for ADB.
procuring entity has procedures in place WB: Using ABC as a ceiling is
to ensure that the ABC is based on allowed under certain
recent estimates, and that the estimates conditions.
are based on adequate detailed
engineering and reflect the quality,
supervisions and risk inflationary factors,
as well as prevailing market prices;
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable
RA 9184 and its IRR WB and ADB POLICY
to MDBs
c) The procuring entity has trained cost ADB: Use of ABC as a ceiling Acceptable for WB.
estimators, and in case of infrastructure is not allowed. Unacceptable for ADB.
projects, trained quantity surveyors; d) WB: Using ABC as a ceiling
The procuring entity has established a is allowed under certain
system to monitor and report bid prices conditions.
relative to ABC and engineer’s/procuring
entity’s estimate; e) The procuring entity
has established a monitoring and
evaluation system for contract
implementation to provide a feedback on
actual total costs of goods and works.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
The law mandates that award be Award should be made to the lowest Acceptable
made to the lowest calculated evaluated/qualified and responsive
and responsive bid. bidder.
The law prohibits negotiation with Price negotiation is not allowed, except Acceptable
the lowest calculated and where the bid price is substantially above
market or budget levels and then only if
responsive bidder.
negotiations are carried out to try to reach a
satisfactory contract through reduction in
It is however allowed in scope and/or reallocation of risk and
consulting services procured responsibility, subject to the Bank’s prior
using the Quality-Based approval. In consulting services, it is
Evaluation Method. allowed in certain selection methods.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
Price adjustment is allowed when the Price adjustment is not required, Acceptable for WB.
cost of the awarded contract is except for delivery of goods or
affected by any applicable new law, completion of works, extending Acceptable for ADB for contracts
ordinance, regulation or other acts of beyond 18 months. extending beyond 18 months.
the GOP, promulgated after bid
opening and under extraordinary
circumstances with prior approval of
the GPPB.
Acceptable & Unacceptable Practices to Multilateral
Development Banks (MDBs)
Acceptable or Unacceptable to
RA 9184 and its IRR WB and ADB POLICY
MDBs
Amendment to Order (for Contract scope/conditions may be Acceptable, provided that any
goods) and Variation Orders modified during implementation, modification that would result to
(for infrastructure projects), are but the Bank’s approval is an aggregate increase of more
allowed under certain required for contracts that are than 15% should be subject to the
conditions. subject to prior review. Bank’s prior approval.
Latest Issuances of the GPPB
Use of Videoconferencing, Webcasting & Similar Technology
(GPPB Resolution No. 24-2018)
62
62
Use of Digital Signatures
GPPB Resolution No. 16-2019;
GPPB Resolution No. 09-2020
Procurement officers and
officials may digitally or
electronically sign procurement
documents
The BAC shall decide whether to allow the online or electronic submission and
receipt of bids based on the PE’s procurement needs and capabilities, and shall
be clearly stated in the IB, including bidding documents if allowed
PASSWORD-
Archive PROTECTED
Format & Password
Protection
BIDDING
Compression DOCUMENTS
Capable of
Passwords shall be disclosed by the generating an audit
Bidders only during the actual bid opening trail of transactions
to ensure the
Upon receipt of the first and second envelopes, PEs shall generate a Bid security, integrity and
receipt page for the official time of submission which can be saved or authenticity of bid
printed by the bidder submissions
Certification on Electronic Submission
and Receipt of Bids
GPPB RESOLUTION NO. 12-2020
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.
ALTERNATIVE
GPPB Online Bid
DOCUMENTARY
Submission Portal
REQUIREMENTS
https://www.gppbgovph.com/PBDListings.php
000
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.
Simplified Bidding Documents the PBD Builder
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.
GPPB Online Blacklisting
ALTERNATIVE DOCUMENTARYPortal REQUIREMENTS
(https://www.gppb.gov.ph/OnlineBlacklistingPortal)
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.
ALTERNATIVE
Revision and Automation
DOCUMENTARY
Of Forms
REQUIREMENTS
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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