GOVERNMENT PROCUREMENT 101

AND ELECTRONIC SUBMISSION OF

PROCUREMENT REPORTS,
PROCUREMENT UPDATES,
POLICIES AND INNOVATIONS

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.
MODULE OBJECTIVES

DEVELOPED broader knowledge on the major concepts of the

government procurement activities and processes;

ACQUIRED knowledge on how to ensure effective, efficient,

and ethical government procurement operations in their
respective areas of responsibility; and

GATHERED uniform interpretation of the Republic Act No.

9184 and its 2016 revised Implementing Rules and
Regulations.
 Philippine Government Procurement Laws: Then and Now
I
The Government Procurement Policy Board and its Technical
II Support Office

III Principles of Public Procurement

Key Concepts on Government Procurement

IV
Scope and Application of Republic Act No. 9184 and its revised
V Implementing Rules and Regulations

VI Procurement Organization
Procurement Organization
VII Legal Indemnification Package for the Bids and Awards Committee

3
 Simplified Posting and Electronic Submission of Procurement
VIII Reports

IX Procurement Updates, Policies and Innovations

XII Accountability and Transparency in Government Procurement

XIII Shift to Digital Platforms

Procurement Organization

4
PHILIPPINE GOVERNMENT
PROCUREMENT LAWS:
THEN AND NOW
EARLY LAWS ON PROCUREMENT

“No contract shall

be entered into
without Public
Bidding.”
BEFORE ENACTMENT OF GOVERNMENT PROCUREMENT REFORM
ACT (GPRA)
ENACTMENT OF THE GPRA OR REPUBLIC ACT NO. 9184

10
Government Procurement Act
Executive
January
2003
(GPRA) Orders
Administrative
Issuances
08
Implementing Rules and
October
2003
Regulations (Part A)
Memorandum

02
Revised IRR Circulars
Septembe
r 2009
Implementing
Rules and
28
October
Revised IRR Regulations
2016
DEVELOPMENT
CHALLENGES BEFORE SOLUTIONS BROUGHT
GPRA ABOUT BY GPRA

Enactment of the GPRA

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

Modernize
 THE GOVERNMENT
PROCUREMENT POLICY
BOARD AND ITS TECHNICAL
SUPPORT OFFICE
GOVERNMENT PROCUREMENT POLICY BOARD (GPPB)
FUNCTIONS OF THE GPPB
GPPB- TECHNICAL SUPPORT OFFICE (TSO)
FUNCTIONS OF THE GPPB-TSO
GPPB- TSO WEBSITE
www.gppb.gov.ph
GPPB Online Portal

Online Blacklisting Portal

Online Training Management System (OTMS)

PBD Builder

Annual Procurement Plan (APP)

Procurement Monitoring Report (PMR)

References (Resolutions, Circulars, RA 9184,

Standard PBDs, Forms, etc. )

FAQs
PRINCIPLES OF PUBLIC
PROCUREMENT
5 GOVERNING PRINCIPLES
1 3 5 STREAMLINED

PUBLIC MONITORING COMPETITIVENESS PROCESS

2 4
TRANSPARENCY
ACCOUNTABILITY
 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).
WHAT IS GOODS?
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?

construction, improvement,
rehabilitation, demolition,
repair, restoration or
maintenance of:
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:
KEY CONCEPTS ON GOVERNMENT PROCUREMENT

Professional
Procurement
Officials

Penal and Civil

Liabilities
WHAT ARE THE PROCUREMENT METHODS?

Highly Exceptional
Cases

To promote Economy
and Efficiency

Justified by conditions
WHAT ARE THE PROCUREMENT METHODS?
BIDDING PROCESS FOR GOODS AND INFRASTRUCTURE PROJECTS
BIDDING PROCESS FOR CONSULTING SERVICES
SCOPE AND COVERAGE OF
GPRA AND ITS 2016 REVISED
IMPLEMENTING RULES AND
REGULATIONS
SCOPE AND COVERAGE

National Government State Universities and

Agencies Colleges

Government Owned
or Controlled
Corporations

Government Financial Local Government

Institutions Units
SCOPE AND COVERAGE
PROCUREMENT
ORGANIZATION
PROCUREMENT ACTORS

End-User
FUNCTIONS AND RESPONSIBILITIES OF THE HoPE

Establishes Ensures
professionalization
BAC and Approves the
of the BAC, its
designates Secretariat and Annual
its members TWG Members Procurement
Plan (APP)

Approves or
Disapproves
Resolves
the Contract
of Award Protest
HEAD OF THE PROCURING ENTITY (HoPE)

NGAs
LGUs
GOCCs, GFIs, SUCs

Head of the
Agency Governing Local Chief
Board Executive
OFFICER-IN-CHARGE AS HOPE

Approve or disapprove
the recommendation of
the BAC

NPM 102-2014
BIDS AND AWARDS COMMITTEE (BAC)

HoPE must Separate

create a single BACs may be
BAC created
BIDS AND AWARDS COMMITTEE (BAC)

Head of the Procuring Entity

Approving Official of procurement contracts

Internal Auditors

Local Treasurers and Assistant Local

Treasurers

Chief Accountant or Head of the

Provincial/City/ Municipal Accounting Office
and staff
MEMBERSHIP AND COMPOSITION FOR NGASS, GOCCS,
GFIS AND SUCS
REGULAR

Officer with
Technical Expertise
Legal or
Chairperson Finance Provisional Member
Administrative areas End-User
Representative
MEMBERSHIP AND COMPOSITION FOR LGUS

For Provinces, Cities

For Barangays
and Municipalities

5-7 regular
Representative from the members of the
regular offices under the End-User Sangguniang
Office of the Local Chief Representative Barangay
Executive except Punong
Barangay
ALTERNATE BAC MEMBERS

Presence in BAC meetings is considered for

purposes of quorum and shall be entitled to
the proportionate honoraria.

The relationship of the principal and the

alternate is of co-equal nature, rather than
hierarchical.

Accountability shall be limited to their

respective acts and decisions.

The same term as the original members

FUNCTIONS AND RESPONSIBILITIES OF THE BAC

Recommend award
Recommend
of contract to the
approval and/or Conduct bidding
HoPE or his/her
revision of the APP process
duly authorized
and other reports
representative

Recommend to the
Conduct periodic
HoPE or his/her duly
assessment of the Creation of
authorized
procurement Technical Working
representative the
process and Group (TWG)
imposition of
procedures
sanctions
BAC SECRETARIAT

HoPE may create a procurement unit to

act as BAC Secretariat

Head shall be at least 5th or 3rd Ranking

Permanent Employee or if not
available, permanent employee of lower rank
There is no minimum or maximum number of
members of the BAC Secretariat
 FUNCTIONS and RESPONSIBILITIES OF THE BAC SECRETARIAT

Provide administrative support to the BAC and

1 TWG Advertise/post bidding opportunities, including
Bidding Documents, and notices of awards 6
Provide administrative support to the BAC and
2 TWG
Assist in managing procurement process 7
Prepare Minutes of Meetings and Resolutions
3 of the BAC

Take custody of procurement of procurement

Monitor procurement activities and milestones 8
4 records
Consolidate PPMPs and prepare the APP 9
Manage the sale and distribution of Bidding
5 Documents
Act as central channel of communications 10
TECHNICAL WORKING GROUP (TWG)

Legal Experts Review of the Technical Specifications, Scope of

Work, and Terms of Reference
Technical Experts Financial Experts

Shortlisting of Consultants and Eligibility

screening

Review of Bidding Documents

Evaluation of Bids and Evaluation of Bids

END-USERS

Prepare actual Plan, prepare,

requirements of the finalize, revise
procurement project PPMPs
OBSERVERS

Post-
Minutes of Abstract of Qualification
BAC Meeting Bids Summary
Report

APP and Opened

PPMP Proposals

Subject to signing of Confidentiality Agreement

OBSERVERS

Prepare and
Submit
Observation
Report Notify PE of
Conflict of Eligibility Pre-bid
Interest
Checking Shortlisting Conference

Preliminary
Post-
Non- Examination Bid Evaluation
Private
Government Qualification
Organization of Bids
Commission
on Audit
ONLINE ACCESS TO OBSERVERS

1 Online monitoring for

observers using the mPhilGEPS

2 PEs to provide online access to

observers for monitoring all stages of
procurement using the mPhilGEPS

3 PEs to inform the GPPB-TSO via

email (observers@gppb.gov.ph) if
online access cannot be provided
GPPB Circular No. 01-2021
GUIDELINES ON THE GRANT OF HONORARIA

Bids and Awards Committee

Technical Working Group

(TWG)

BAC Secretariat (Ad Hoc)

The amount granted does not exceed
twenty-five percent (25%) of their
respective basic monthly salary
GUIDELINES ON THE GRANT OF HONORARIA
DBM Budget Circular No. 2004-5A, dated 07 October 2005, as amended by DBM
Budget Circular No. 2007-3, dated 29 November 2007:

Only for successfully completed procurement projects

Limited to procurement that involves:

Competitive Bidding

Limited Source Bidding

Negotiated Procurement – Two Failed Bidding

Negotiated Procurement under Section 53(b) following the procedures

under Section 54.2(b)
GUIDELINES ON THE GRANT OF HONORARIA

BAC Secretariat
Procurement Unit
(Ad Hoc)

HONORARIA

OVERTIME PAY
 FUNDING SOURCE FOR THE HONORARIA

Proceeds from sale of bid documents

Proceeds from forfeiture of Bid Security

Fees charged from copies of minutes of bid openings,

BAC resolutions, and other documents
Fees from contractor/ supplier registry

Protest Fees

Savings of PE

Collections from SUCCESSFULLY completed procurement projects, limited to activities prior to

the awarding of contracts to winning bidders
AMOUNT OF HONORARIA
Maximum Honorarium Rate per Procurement Project

BAC Chair
Php 3,000.00 BAC Members
Php 2,500.00
BAC Secretariat (Ad Hoc)
& TWG
Php 2,000.00
 LEGAL INDEMNIFICATION
PACKAGE
FOR THE BIDS AND AWARDS
COMMITTEE
LEGAL INDEMNIFICATION PACKAGE

This refers to the assistance or remuneration given to the members of the BAC
and/or the BAC Support Staff for any loss, damage, or injury caused to them by
reason of the lawful performance of their duty.

General Conditions

1 FREE LEGAL
ASSISTANCE
2 LIABILITY
INSURANCE
3 MEDICAL
ASSISTANCE
FREE LEGAL ASSISTANCE

Indemnified by PE Legal Assistance shall cover actual cost

and fees with maximum PhP 5,000.00
Engaged the services of a
per appearance
private lawyer or external
counsel Shall not cover any action or suit initiated
in personal capacity; and initiated by the
Have not been adjudged as Government against the concerned BAC
guilty of gross negligence, member or staff
misconduct, or grave abuse
of discretion Entitled to actual, moral and exemplary
damages
LIABILITY INSURANCE

The procuring entity shall have the responsibility to procure and maintain adequate liability
insurance for and in behalf of its BAC members or BAC Support Staff.
The liability insurance policy shall cover only those liabilities asserted against the public official
and incurred by him in his capacity as such BAC members or BAC Support Staff as the case
may be.
The insurer shall pay for the loss arising from the claim or suit made against the BAC members
or BAC Support Staff during the policy period wherein they serve in such capacity.
LIABILITY INSURANCE

In the event of settlement or compromise, indemnification shall be confined only to matters

covered by the settlement, and to which the procuring entity had been advised by counsel that
the person to be indemnified have not committed gross negligence, misconduct, or grave abuse
of discretion in the performance of their duties and functions.

The procurement of liability insurance shall be subject to the setting of schedule of premium by
the GPPB.
MEDICAL ASSISTANCE

Medical assistance shall be provided to BAC members and BAC Support Staff for
Injuries/disabilities incurred in the lawful performance of their official functions and duties.

The claimant(s) shall be entitled to indemnification for any injury or disability resulting from the
performance of their official functions as defined by law and without any contributory negligence
on their part.
The claimant or his/her relatives must notify the head of the procuring entity within seven (7)
calendar days from the occurrence of the injury or disability.
MEDICAL ASSISTANCE

The medical assistance herein provided shall consist of indemnification for medicines, laboratory
and hospitalization expenses, provided that the amount claimed shall not exceed the actual
amount incurred, substantiated by receipts and other supporting documents.
Indemnification shall only be made upon presentation of the proof of payment in connection with
the injury or disability suffered.

The medical assistance granted herein shall be granted to the claimant as a matter of right and
subject to the conditions mandated by law.
 SIMPLIFIED POSTING
AND ELECTRONIC SUBMISSION
OF PROCUREMENT REPORTS
Posting of Procurement Reports

GPPB Resolution No. 11-2020 and GPPB Circular No. 02-2020

Dated 20 May 2020 and took effect on 27 May 2020

Posting of APPs and PMRs duly approved by

the HoPE in the designated section of PE's
website or in the absence of such, at any
conspicuous place reserved for the purpose
within the premises of the PE

The GPPB shall no longer post said

procurement reports on its website
Electronic Submission of Procurement Reports

All PEs shall likewise submit to the GPPB their respective APPs, PMRs
and APCPI Results, duly approved by the HoPE, or his/her duly
designated second ranking official, through electronic mail in the
following formats:

1. Microsoft Excel file; and

2. Portable Document Format (PDF) file

Printed copies shall no longer be accepted by

GPPB.
Electronic Submission of Procurement Reports

Submission of the approved APPs, PMRs and APCPI Results shall be through
the electronic mail addresses below:

Report​ E-Mail Address​

APP app@gppb.gov.ph
PMR​ pmr@gppb.gov.ph
APCPI​ apcpi@gppb.gov.ph

In case of discrepancy in the submitted copies, the data provided in the PDF File
shall prevail.
Electronic Submission of Procurement Reports
Procurement reports shall comply with the GPPB prescribed forms posted
and downloadable from these links:

Report​ Downloadable Link​

https://www.gppb.gov.ph/downloadables/forms/​
APP NEW%20APP%20Format%20(EPA)rev.xlsx

https://www.gppb.gov.ph/downloadables/forms/​
PMR​ PMR%20Format%20(EPA)_final.xlsx​

https://www.gppb.gov.ph/downloadables/forms/​
APCPI​ PMR%20Format%20(EPA)_final.xlsx​
Submission of APP and PMR Posting Certification
GPPB Circular No. 02-2020
Prescribed form of the Posting Certification

Together with the APP and

PMR electronic submission,
the Head of the BAC
Secretariat shall likewise
submit a certification to the
GPPB stating that the PE
has complied with the
posting requirement using
the prescribed form
Electronic Submission of Procurement Reports

Reminder on APP Electronic Submission

The APP shall be approved based on the approved budget of the agency.

Submission of Indicative APPs are not considered as compliance. The GPPB-

TSO shall not accept any submission of the Indicative APP as the same is
required only to be posted in the Transparency Seal of the PE’s website.
Electronic Submission of Procurement Reports

A complete APCPI submission shall include the following

accomplished forms

1 Self-Assessment Form;

2 Consolidated Procurement Monitoring Report;

3 APCPI Questionnaire; and

4 Action Plan
Deadline for Submission
Report​ Frequency Deadline for Submission​
31 January of the
First Submission​
current FY​
APP Changes within​
July of the current FY​
(current FY)​ the 1st Semester​
Changes
Click to addwithin​
text January of the
the 2nd Semester​ succeeding FY​
1st Semester​ 14 July of the current FY​
PMR
(current FY)​ 14 January of the​
2nd Semester​
succeeding FY​
APCPI Results​
Annual​ 31 March of the succeeding FY​
(preceding FY)​
EXTENDED DEADLINE OF SUBMISSION OF PROCUREMENT
REPORTS (GPPB Resolution No. 01-2022)

Recommended Extended
Report Original Deadline Deadline

FY 2021, 2nd Semester PMR 14 January 2022 31 March 2022

FY 2021 APP for changes within

31 January 2022 31 March 2022
the 2nd Semester

FY 2022 APP 31 January 2022 31 March 2022

FY 2021 APCPI Results 31 March 2022 30 June 2022

Electronic Submission of Procurement Reports

GPPB-TSO Auto-Acknowledgment

Receipt of an auto-generated acknowledgment from the

GPPB-TSO upon submission of the certifications
and reports
Electronic Submission of Procurement Reports

GPPB-TSO Auto-Acknowledgment

In case of non-receipt of the auto-acknowledgment within one (1) hour after

submission, the PE shall:

1. Re-submit the certification and reports to the same electronic mail

address.

2. If no acknowledgment is still received, the PE shall call the following

GPPB-TSO Divisions at (02) 7900-6741 to 44 to confirm whether the
submission was received, and if so, request for the acknowledgment of
receipt of the submitted certification:
• For Certification of Electronic Bid Submission and Receipt –
Information Management Division
• For Procurement Reports – Performance Monitoring Division
Electronic Submission of Procurement Reports

Compliance with PBB Requirements

PEs shall be responsible for ensuring the

correctness, completeness and timeliness of their
submissions to be determined compliant and eligible for the
grant of PBB

The receipt of auto-generated acknowledgment serves only as the

PE’s proof of submission and does not guarantee compliance in
terms of correctness, completeness at timeliness of the report
submitted

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.
Electronic Submission of Procurement Reports

List of Complying Agencies

The GPPB-TSO shall post a list

of complying PEs, or those which
have submitted their APPs, PMRs and
APCPI Results, on the GPPB website.
 PROCUREMENT
UPDATES, POLICIES AND
INNOVATIONS
GPPB RESOLUTION NO. 06-2021 AND GPPB
CIRCULAR 02-2021

1 NP-EC as the procurement modality to be reflected in the Annual Procurement Plan

(APP)

2 Procurement may commence without an approved APP subject to validation of funds

for the purpose and submission of the approved APP prior to payment

3 Documentary requirements under NP-EC shall not apply for COVID-19 vaccine
procurement as this will be determined by the DOH and NTF in their negotiations

4 Advance Payment may be made up to full cost of the contract price if the same is
required by the supplier, manufacturer, distributor or service provider.
SIMPLIFIED BIDDING DOCUMENTS & THE PBD BUILDER

GPPB RESOLUTION NO. 15-2020 GPPB CIRCULAR 04-2020

❑ Guidelines on the Preparation of the
❑ Approved the use of the simplified PBDs Simplified PBDs for Goods and
for Goods and Infrastructure Projects for Infrastructure Projects and Submission of
the preparation of bidding documents Required Forms (dated 16 September 2020
but took effect 6 October 2020)
❑ Approved the use of the PBD Builder in the
GPPB Online Portal for the online
preparation of PBDs for Goods and
Infrastructure Projects

PBD Builder Link

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)

GPPB Resolution No. 14-2020

OBP Features:
Requires the use of the Online
1 Posting of Blacklisting 2 Updating of Status of a
Blacklisting Portal for posting and Orders Blacklisted Entity
updating of status of the Blacklisted
Entities in the Consolidated 3 Automatic updating of the 4 Automatic notification to
Blacklisting Report Consolidated Blacklisting the PE, GPPB-TSO and
Report PhilGEPS
GPPB ONLINE BLACKLISTING PORTAL

Number of Procuring Entities Registered

PE Registered Overall 2020 2021 2022
Total Number of
Registration 221 118 46 57
(PEs)

Total Number of
Approved 152 82 33 37
Registration
(PEs)
Source: GPPB and GPPB-TSO Mid-Year
Accomplishment Report (31 December 2022)
ALTERNATIVE
REVISION AND DOCUMENTARY
AUTOMATION OF
REQUIREMENTS
FORMS

Development of Web/Online Application for the Automation of the

Forms for the Annual Procurement Plan, Procurement Monitoring
Reports and Agency Procurement Compliance and Performance
Indicator Results

Eliminate inefficiencies and errors

Readily available information

Convenient and user friendly

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.
ONLINE SUBSCRIPTION
GPPB Resolution No. 05-2022

𝗧𝗵𝗲 𝗚𝗼𝘃𝗲𝗿𝗻𝗺𝗲𝗻𝘁 𝗣𝗿𝗼𝗰𝘂𝗿𝗲𝗺𝗲𝗻𝘁

𝗣𝗼𝗹𝗶𝗰𝘆 𝗕𝗼𝗮𝗿𝗱 𝗮𝗽𝗽𝗿𝗼𝘃𝗲𝘀 𝘁𝗵𝗲
𝗶𝗻𝗰𝗹𝘂𝘀𝗶𝗼𝗻 𝗼𝗳 𝗼𝗻𝗹𝗶𝗻𝗲 𝘀𝘂𝗯𝘀𝗰𝗿𝗶𝗽𝘁𝗶𝗼𝗻
𝘂𝗻𝗱𝗲𝗿 𝗡𝗲𝗴𝗼𝘁𝗶𝗮𝘁𝗲𝗱 𝗣𝗿𝗼𝗰𝘂𝗿𝗲𝗺𝗲𝗻𝘁
– 𝗗𝗶𝗿𝗲𝗰𝘁 𝗥𝗲𝘁𝗮𝗶𝗹 𝗣𝘂𝗿𝗰𝗵𝗮𝘀𝗲 𝘂𝗻𝗱𝗲𝗿
𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟱𝟯.𝟭𝟰 𝗼𝗳 𝘁𝗵𝗲 𝗥𝗲𝘃𝗶𝘀𝗲𝗱
𝗜𝗺𝗽𝗹𝗲𝗺𝗲𝗻𝘁𝗶𝗻𝗴 𝗥𝘂𝗹𝗲𝘀 𝗮𝗻𝗱
𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗥𝗲𝗽𝘂𝗯𝗹𝗶𝗰 𝗔𝗰𝘁
𝗡𝗼. 𝟵𝟭𝟴𝟰.
Scope and Application

Procuring Entities (PEs) may now directly purchase subscriptions for the following items
when no local provider is available or cannot comply with its requirements:

Electronic publications, Computer software and Web-based services Off-the-shelf

references, and journals applications such as such as news and social information systems
video conferencing media monitoring tools
applications, office
productivity
Negotiated Procurement – Direct Retail
Purchase

For the direct purchase of online subscriptions, PEs can only use
the credit card as a mode of payment supported by a certification
from the Head of the Procuring Entity (HoPE) of his/her duly
authorized representative that it is the more expeditious and
inexpensive mode of payment.

PEs can directly purchase online subscriptions with an Approved Budget for
the Contract (ABC) of up to One Million Pesos (PhP1,000,000). PEs may
increase the ABC not to exceed Five Million Pesos (PhP5,000,000) and subject
to the prior approval of the HoPE.
Documentary Requirements

1 The Annual Procurement Plan shall reflect

the Direct Purchase of Online Subscription.
Warranty

2
Security
Warranty Security shall be required if the end-user determines
that the Terms and Conditions or similar agreements do not
provide for corrective actions to be undertaken by the supplier.

3 Justification shall be provided by the End-User on its need to directly purchase a

specific online subscription to the HoPE. The End-User shall:
i. Submit Report indicating that no local provider is available; and
ii. Prepare a comparative matrix and evaluation showing that the preferred
specific online subscription is better than any other similar online
subscription
Documentary Requirements

4 Payment can only be made through direct electronic

payment using credit card subject to the issuance of a
Certification by the HoPE or his/her duly authorized
representative stating that the use of credit card is the most
expeditious and inexpensive mode of payment.

5 A payment confirmation receipt shall cover

the direct purchase of online subscription.
PROCUREMENT AGENT
Procurement Agent
• A PE who undertakes BAC function
for another PE
• The role or responsibility shall be
limited to the functions of the BAC
under Section 12 of RA No. 9184
and its 2016 revised IRR.
• The award of the contract shall be
undertaken by the PE upon the
recommendation of the
Procurement Agent.
 Shall apply to the outsourcing of procurement tasks by the PE to any branch acting as
Procurement Agent:
Constitutional Commission Agency Department Bureau Office

Instrumentality of the Government of the Philippines NGAs GOCCs SUCs

SCOPE AND APPLICATION LGUs

This shall only cover items not considered as

Common-Use Supplies and Equipment (CSE)
SCOPE AND APPLICATION
and Shall govern the engagement upon effectivity hereof and
those with existing agreements are encouraged to adopt this
Guidelines, provided the project to be procured
has only been advertised
SCOPE AND APPLICATION its invitation to bid issued after the said effectivity
The PE’s existing human
The PE’s existing BAC lacks
resource complement lacks
the proficiency or expertise to
sufficient qualified personnel to
undertake a particular project
constitute its own BAC
 1 ATLEAST ONE

PROCUREMENT AGENT PROCUREMENT AGENT

4

BASE
PROCUREMENT AGENT
2
PROCUREMENT
6 AGENT NO TRANSFER
OF FUNDS
TECHNICAL

PROCUREMENT AGENT PROCUREMENT AGENT WORKING

GROUP
ENGAGEMENT

PROCUREMENT AGENT
COMPETITIVE 5
BIDDING
UNTIL
FOR PAYMENT OF
CONTRACT

3
PROCUREMENT AGENT
OF FISCAL YEAR

PROCUREMENT AGENT PROCUREMENT AGENT

EXECUTION OF
MEMORANDUM OF
AGREEMENT
CRITERIA FOR A PROCUREMENT AGENT
3 The Procurement Agent to be engaged by the PE should
have a track record of having awarded a minimum of
three (3) similar contracts, each costing at least fifty
percent (50%) of the ABC of the project at hand and
50% completed within the relevant period identified by the
PE depending on its project requirements.

A similar contract is one of similar nature and

complexity with the project at hand, as determined by
the End-User.
ROLES AND RESPONSIBILITIES IN THE MEMORANDUM OF AGREEMENT
The procurement tasks to be outsourced by the PE shall be limited to the following functions of the BAC
under Section 12 of RA No. 9184 and the 2016 revised IRR:
✓ undertake any of the ✓ advertise or post the
appropriate Alternative invitation to bid, request
Methods of Procurement in for quotations or request
case the requesting PE has for expressions of
not constituted its own BAC interest;

✓ recommend the imposition ✓ conduct pre-procurement

of sanctions to bidders for and pre-bid conferences;
violations under RA No. 9184 Procurement ✓ determine the eligibility of
and its 2016 revised IRR Agent prospective bidders;

✓ resolve requests for ✓ receive and open bids;

reconsideration; ✓ conduct the evaluation of
✓ recommend award of contracts bids;
to the HoPE or his/her duly ✓ undertake post-
authorized representative; perform such other related qualification proceedings;
functions as may be necessary
ROLES AND RESPONSIBILITIES IN THE MEMORANDUM OF AGREEMENT
In setting roles and responsibilities in the MOA, the PE and Procurement Agent shall comply
with the following:
(a) The HoPE’s function shall remain with the PE whose
project is to be bid out by the Procurement Agent,
including the contract implementation and management
of the same;

(b) The Procurement Agent shall not transfer, delegate

or assign to another entity in whole or in part the
PE and
performance of its obligations under the MOA; and
Procurement
Agent
(c) Any mutual agreement where the PE surrenders
its obligation and accountability in the proper
implementation of its project is prohibited to be
included in the MOA.
SERVICE FEE
If the Procurement Agent is allowed by law or issuance to charge service fees, the PE shall
determine if reasonable rates are imposed by the Procurement Agent, as this must be
commensurate with the services to be rendered, to ensure the prudent use of public funds,
subject to applicable rules.

No additional payment shall be made by the PE to the Procurement Agent other than
the agreed service fees in the MOA.

No service fee shall be paid in case the HoPE of the PE rejects the bid, declares a
failure of bidding, or does not award the contract in accordance with Section 41 of RA
No. 9184 and its 2016 revised IRR .
REPORTORIAL REQUIREMENTS
For full transparency and greater accountability in the engagement of a Procurement
Agent, the PE shall submit the following:

Report on the engagement of a

Procurement Agent to be provided
Procurement Reports (APP, annually to the Department of Budget
Procurement Monitoring Report and and Management so that the said
Agency Procurement Compliance and agency may consider the PE’s capacity
Performance Indicator results) to procure and implement projects in
the next budget cycle to attain optimal
use of budgetary resources.
 ACCOUNTABILITY AND
TRANSPARENCY IN
GOVERNMENT PROCUREMENT
TRANSPARENCY, ACCOUNTABILITY AND GOOD
ALTERNATIVE DOCUMENTARY REQUIREMENTS
GOVERNANCE IN THE PROCUREMENT PROCESS
GPPB Resolution No. 04-2021 and GPPB Circular 01-2021 4 March 2021

❏ Provides a user-friendly checklist that guides PEs on posting requirements under R.A No
9184, its associated issuances, and recently as required under AO No. 34, series of 2020.
❏ Newspaper publication of post-award information of contracts with an approved budget
of P50 million and above, as mandated by AO No. 34, s. 2020.
❏ Reiterates the mandatory use by all PEs of the Online Blacklisting Portal and further
mandates agencies under the Executive Department to post the Consolidated Blacklisting
Report on their websites and social media platforms.

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 PROCUREMENT
DOCUMENTARY
DASHBOARD
REQUIREMENTS

The Procurement Dashboard was launched in

February 2020 providing information derived &
available from the Procurement Reports
PROCUREMENT DIAGNOSTICS REQUIREMENTS
ALTERNATIVE DOCUMENTARY
Interim Review of Procurement Performance
Review on the procurement performance of PEs based on
its 1st Semester PMR, which shall:
❑ Gather information on the actual conduct of
procurement;
❑ Assist the PEs by providing diagnostic feedback on
the conduct of its actual procurement; and
❑ Generate report for possible policy research.
INDICATORS
Readiness of the Procurement Projects

Efficiency in Procurement

Early Procurement Activity