12.1 ra9184 overview for sbfp

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R.A. 9184 The Government Procurement Reform Act (An Overview) 5 Rights in Public ProcurementTime/ DeliveryValue for MoneyPhilippine Procurement Paradigm

MoMmNeedsSatisfactionEnd UserBACPS-BAC SecHOPEIdentifyAssessSelectionImplementBACTWGHOPEEnd UserPS-BAC SecCost-benefit analysisFeasibility studyMarket studyPPMPReview studiesConsolidate into APPDecide procurement methodApprove APPDetermine readinessPost/Advertise opportunityOpen and evaluate bidsPost-qualifyAward and enter into contractOversee implementationInspect and accept deliveriesRelease payment

Budget 3Government Procurement Reform ActRA 9184General Provision : Section 2: Declaration of Policy ...to promote the ideals of good governance ...4Government Procurement Reform ActRA 9184General Provision : Section 2: IRR...to promote the ideals of good governance...

...to adhere to the principle of transparency, accountability, equity, efficiency, and economy...

... procurement...shall be competitive and transparent, and shall therefore go through public bidding...5Government Procurement Reform ActRA 9184General Provision : Section 3: Governing PrinciplesTransparency

Competitiveness

Streamlined Process: Simplicity & Adaptability to advances in technology

Accountability

Public Monitoring6Government Procurement Reform ActRA 9184General Provision : Section 3: Governing PrinciplesTransparency

Procurement process, contract implementation (Section 3)

Wide dissemination of bid opportunities, participation of pertinent NGOs (Section 3, IRR)

7Government Procurement Reform ActRA 9184General Provision : Section 3: Governing PrinciplesCompetitiveness

Extending equal opportunity to enable contracting parties to participate in public bidding

8Government Procurement Reform ActRA 9184General Provision : Section 3: Governing PrinciplesStreamlined Process, Simplicity and Adaptability to advances in technology

Uniform application to all government procurement

Ensure effective and efficient method

9Government Procurement Reform ActRA 9184General Provision : Section 3: Governing PrinciplesAccountability

Public officials, private parties are when warranted investigated & held liable

10Government Procurement Reform ActRA 9184General Provision : Section 3: Governing PrinciplesPublic Monitoring

Guarantee that contracts are ---

Awarded per RA 9184 & IRRPerformed strictly per specifications

11Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationWhats covered?ProcurementWhats procured?GoodsInfrastructure ProjectsConsulting ServicesWho procures?GovernmentWhere do funds come from?Local or Foreign12Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationProcurementAcquisition

GoodsConsulting Services&Infrastructure Projects

Lease

Goods&Real Estate13Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationGovernmentBranchesInstrumentalitiesDepartmentsAgenciesOfficesBureausGOCCsLGUsGFIsSUCsConstitutional Commissions/Offices14Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationGoodsItems

Supplies

Materials

Gen. Support Services

needed in

transaction of public business

or

pursuit of government undertaking,project, activity15Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationInfrastructureProjectsconstruction

improvement

rehabilitation

demolition

repair

restoration

maintenance

Construction Projects

of government

16Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationConsulting Servicesadequate

external

technical

Professional

Expertise

beyond capability

and/or

capacity

of government

17Government Procurement Reform ActRA 9184General Provision : Section 4: Scope & ApplicationFunding Local

or

Foreign18Government Procurement Reform ActRA 9184General Provision: Section 6Section 6: Standardization of Procurement Processes and Formsto avoid confusion & ensure transparency

19Government Procurement Reform ActRA 9184General Provision: Section 6: Standardization of Procurement Processes and FormsGPPB development & approval of GPMs, PBD, other forms

mandatory upon all PEs

20Government Procurement Reform ActRA 9184General Provision: Section 6: Standardization of Procurement Processes and FormsWhen necessary, modifications may be made subject to GPPB approval21Government Procurement Reform ActRA 9184General Provision: Section 7Section 7: Procurement PlanningForm PPMP to APPs

General Rules

22Government Procurement Reform ActRA 9184Procurement OrganizationSections 11-16, 63-64

Procurement Organization

23Government Procurement Reform ActRA 9184Procurement OrganizationBids and Awards Committee (BAC)

BAC Secretariat

Observers

24Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC

How many per PE?One (1) BAC

In PEs head office

BUT

Separate BACswhere number and complexity of items to be procured so warrant


Who comprises?5-7 membersHOPE designates


Who comprises?NGAs, GOCCs, GFIs, SUC:

Permanent

Chairman*3rd ranking permanent

2 Officers*5th ranking permanent*with knowledge, experience, expertise*one (1) each from legal or admin, and finance


Who comprises?NGAs, GOCCs, GFIs, SUC:

Provisional

Officer*w/technical experience*w/knowledge, experience, expertise

Rep from end-user unit*w/knowledge, experience, expertise


Termof office?One (1) year*from date of appointment*renewable


What are its functions?advertises and/or posts ITB/REI

conducts pre-proc & pre-bid conferences

determines eligibility of prospective bidders


What are its functions?receives bids

conducts evaluation of bids

undertakes post-qual proceedings


What are its functions?resolves MRs

recommends awards of contracts to HoPE

recommends imposition of sanctions


What are its functions?recommends use of alternative methods of procurement

performs such other functions, including creation of TWG

ensures that PE abides by standards, prepares PMR


How many required for quorum?Quorum

Majority of total BAC compositionChair/Vice Chair must be presentValid and binding act

At least a majority of those presentChair/Vice Chair votes in case of tie

34Government Procurement Reform ActRA 9184Procurement OrganizationThe Observers

What aretherequirements?His/Her organization must be SEC- or CDA-registered

Knowledge, experience, expertise in subject matter of contract

Absence of actual or potential conflicts of interest

Any other relevant criteria *BAC determines this

35Government Procurement Reform ActRA 9184Procurement OrganizationThe Observers

What aretheresponsibilities?Prepares report (jointly/separately)*assess extent of BACs compliance*submit to HoPE; cc BAC ChairSubmit report to PE, cc GPPB & Ombudsman*no report = correct procedure followed

Inhibit & notify in writing the PE of actual/potential conflict of interest36Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

How formed?HOPE may

designate existing organic office with in PE

create procurement units to serve as BAC Sec 37Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

Who heads the BAC Sec?In central offices:

*at least 5th rankingpermanent employee

*if not available, permanent official of next lower rank38Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

Who heads the BAC Sec?In bureaus, regional offices, subregional/district offices offices:

*at least 3rd rankingpermanent employee

*if not available, permanent official of next lower rank39Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

What are its functions?provides admin support to BAC

organizes and makes all necessary arrangementsfor BAC meetings, conferences

prepares minutes of BAC meetings and resolutions40Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

What are its functions?takes custody of procurement docs and other record

manages sale & distributionof Bidding Documents

advertises and/or post bidding opportunities41Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

What are its functions?assistsin managing the procurement processmonitors procurement activities & milestonesfor proper reporting to relevant agencies, when required

consolidates PPMPs from various units of PE, to make them available for review42Government Procurement Reform ActRA 9184Procurement OrganizationThe BAC Secretariat

What are its functions?acts as central channel of communications

*for BAC With*end users, PMOs, other units of line agency, other government agencies, provides of goods, infrastructure projects, and consulting services, observers, general public43Government Procurement Reform ActRA 9184Procurement OrganizationGPPB

Policy-Making

Amend implementing rules & regulations of procurement law (quasi-legislative function)

Prepare generic procurement manual and standard bidding forms44Government Procurement Reform ActRA 9184Procurement OrganizationGPPB

Capacity Development

Establish a sustainable training program

Monitoring

Assist procuring entities improve their compliance

Review effectiveness of procurement law45Government Procurement Reform ActRA 9184Procurement MethodsAll Procurement shall be done through competitive bidding except as provided in R. A. 9184

Resort to alternative methods shall be made

Only in highly exceptional casesTo promote economy and efficiencyJustified by conditions specified in R.A. 9184 and its IRRMOST ADVANTAGEOUS PRICE TO THE GOVT.46Government Procurement Reform ActRA 9184Procurement MethodsMethodGoodsInfraCons1. Competitive Bidding2. Limited Source Bidding3. Direct Contracting4. Repeat Order5. Shopping6. Negotiated Procurement47DIRECT CONTRACTINGApplicability - GoodsConditions :

-Items of proprietary nature from proprietary source-Critical components from a specific supplier is a condition precedent to hold a supplier to guarantee its project performance-Items sold by an exclusive manufacturer or dealerDIRECT CONTRACTING NO OTHER SUPPLIERS SELLING IT AT LOWER PRICES

NO SUITABLE SUBSTITUTE CAN BE OBTAINED

AT MORE ADVANTAGEOUS TERMS TO THE GOVERNMENT

DIRECT CONTRACTINGNPM 42-2012To justify the need to procure through DC, the BAC should conduct a survey of the industry and determine the supply sourceThe survey should confirm the exclusivity of the source of goods to be procuredThe survey must be conducted prior to the commencement of the procurement process

SHOPPINGAPPLICABILITY - GOODSCONDITIONSUnder Sec. 52.1 (a)There is unforeseen contingency requiring immediate purchaseThe amount does exceed the threshold of P100,000.00-Under Sec. 52.1 (b)Ordinary or regular office supplies and equipment not available in PS-DBMb. The amount does not exceed the threshold of P500,000.00

SHOPPING AND SMALL VALUE PROCUREMENTPROCEDURAL GUIDELINESPrepare Request for Quotation (RFQ)Send RFQ to at least 3 suppliers (maybe 1 under Sec. 52.1 (a)Prepare Abstract of QuotationsExtend deadline if no quotation is receivedAward to LCB/HRB that complies with specifications and approved budget for the contract (ABC) SHOPPING AND SMALL VALUE PROCUREMENTProcedural Guidelines

RFQ should indicate the following:Technical SpecificationsQuantityApproved budget for the contractTerms and conditions of the item to be procured; andManner by which price quotation must be submitted (i.e. open or sealed quotations)

SHOPPING AND SVPProcedural GuidelinesInformation relating to examination, evaluation & comparison of price quotations shall be kept confidential & should not be disclosed to any other party except to those officially concerned until award- Post RFQ for 7 CD in the website of PhilGEPS and procuring entity concerned, if available , and at any conspicuous placesSHOPPING AND SVPPROCEDURAL GUIDELINES

EXCEPTIONS TO SEVEN (7) CD RFQ POSTING: When there is an unforeseen contingency requiring immediate purchase under Sec. 52.1(a)RFQs with ABC equal to Php 50,000.00 and belowPost awards in PhilGEPS and procuring entity and at any conspicuous place except with ABCs equal to Php 50,000.00 and below

SHOPPING AND SVPPROCEDURAL GUIDELINES

PE must validate whether it is entering into a contract with a technically, legally and financially capable supplier, contractor or consultant by requiring the submission of relevant documents or through other means

NEGOTIATED PROCUREMENT-SVPAPPLICABILITY -ALLCONDITIONS:Does not fall under ShoppingAmount does not exceed the threshold Php 500,000.00Award of contract maybe made even if only one (1) supplier submitted a quotation/proposal provided:At least three (3) suppliers were invited to submit quotations; andThe submission complies with the specifications, terms and conditions required by the Procuring Entity

NEGOTIATED PROCUREMENTEMERGENCY CASES- ALLConditions:

Imminent danger to life or property during a state of calamity

When time is of the essence arising from natural or man-made calamities

Other causes where immediate action is necessary

To prevent damage to or loss of life or property

To restore vital public services, infrastructure facilities, and other public utilities NEGOTIATED PROCUREMENTEMERGENCY CASES

- Negotiate with any supplier, contractor, or consultant with technical, legal, and financial capability EMERGENCY CASESNPM 95-2012

The PE and the HOPE are in the best position to assess, evaluate, and determine that the grounds and the causes adverted to, justifying the use of negotiated procurement through the emergency modality

are truly existing and the harm or loss sought to be prevented are real and not merely based on speculation, surmise or weak probabilityStandard Bidding Procedures (Goods & Infra)Pre-ProcurementConferencePre-BidConferenceBid Evaluation& RankingPost-qualificationAward ofContractAdvertisement/PostingDEADLINE OF SUBMISSION OF BIDS & BID OPENINGOpening ofFINANCIAL ENVELOPEOpening ofTECHNICAL EVELOPE and Preliminary InvestigationTechnical Support Division (TSD)DepEd Procurement ServiceQUESTIONS?

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12.1 ra9184 overview for sbfp

Documents

general provision

public bidding

transaction of public

scope applicationwhats

simplicity adaptability

ideals of good governance

contracting parties

private parties