1

OUTLINE

I.General Overview of RA 9184 and its IRR

II.Definition of Terms
III.Principles of Public Procurement / 5 Rights
IV.Procurement Methods and Procedures
V.Procurement Organizations / GPPB and its TSO
VI.2016 Revised IRR

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 JSDF PROJECT
SCOPE AND COVERAGE

R.A. 9184 applies to all branches and/or instrumentalities

of the government:

1. National Government Agencies (NGAs)

2. State Universities and Colleges (SUCs)
3. Government Owned or Controlled Corporations
(GOCCs)
4. Government Financial Institutions (GFIs)
5. Local Government Units (LGUs)

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 SCOPE AND COVERAGE

It shall apply to all procurement activities involving:

1.Goods and Services

2.Infrastructure Projects
3.Consulting Services

4
 SCOPE AND COVERAGE

Section 4, Revised IRR

All fully domestically-funded procurement activities

All foreign-funded procurement activities, unless

otherwise provided in a treaty or intl/executive
agreement

Mandates adherence to RA 9184 or selection through

competitive bidding. Otherwise, negotiating panel shall
ensure that the reasons for the adoption of a different rule or
method of procurement are clearly reflected in the records of
discussion. (Sec. 4.3, 2016 IRR of RA 9184)
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 SCOPE AND COVERAGE

Section 4, Revised IRR

As may be agreed upon by the GOP and IFI in their

treaty or intl/executive agreement

Projects funded from foreign grants

Projects for International Competitive Bidding
Consulting Services for National Competitive
Bidding

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 SCOPE AND COVERAGE

EXCEPT:
1. Procurement for goods, infrastructure projects, and consulting
services funded from Foreign Grants covered by R.A. 8182, as
amended by R.A. 8555, entitled An Act Excluding Official
Development Assistance (ODA) from the Foreign Debt Limit in order to
Facilitate the Absorption and Optimize the Utilization of ODA
Resources, Amending for the Purpose Paragraph 1, Section 2 of Republic
Act No. 4860, as amended, unless the GOP and the foreign
grantor/foreign or international financing institution agree otherwise;
2. Acquisition of real property which shall be governed by R.A. 8974,
as amended by RA 10752 entitled An Act to Facilitate the Acquisition
of Right-of-Way Site or Location for National Government Infrastructure
Projects and for Other Purposes, and other applicable laws;

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 SCOPE AND COVERAGE

3. Public-Private sector infrastructure or development

projects and other procurement covered by R.A. 6957,
as amended by R.A. 7718 (BOT Law), entitled An Act
Authorizing the Financing, Construction, Operation and
Maintenance of Infrastructure Projects by the Private
Sector, and for Other Purposes, as amended;

4. Disposal of government properties;

Commission on Audit Circular No. 86-264
DBM National Budget Circular No. 425

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 SCOPE AND COVERAGE

Enumerated activities that are not considered as procurement

undertakings under RA 9184 and its IRR:

1. Direct financial or material assistance to beneficiaries

2. Participation to scholarships, trainings, continuing education,
etc.
3. Lease of government 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

Sec. 4.5, 2016 IRR of RA 9184

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 SCOPE AND COVERAGE
Leasing out of publicly-owned real property for private use

Transactions where a government agency leases out its real property for
private use, such as in the case of a canteen or food concessionaire, are
governed by Executive Order 301 (Series of 1987), particularly Section 7
thereof, and its associated guidelines.

Implementing Guidelines for Lease of Privately-Owned Real Estate

guidelines will only apply to lease of privately-owned real estate by
government agencies for official use.
NPM 50-2013

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 SCOPE AND COVERAGE
Leasing Out of Government Properties for Private Use

As long as lease out undertakings do not involve expenditure of

public funds for the procurement of goods, works and consulting
services, RA 9184, its IRR, and its associated rules will not apply.

Transactions involving lease of government properties for private

use are covered by Executive Order No. 301, series of 1987 (EO 301).
Other laws and issuances that may be looked into are RA 6957, as
amended by RA 7718, for lease out of undertakings that require
infrastructure or development projects, or the Revised Joint Venture
Guidelines issued by the NEDA in case of JV.
NPM 10-2014

11
DEFINITION OF TERMS

12
 What is PROCUREMENT?

Procurement refers to the acquisition of goods, consulting

services, and the contracting for infrastructure projects by
procuring entity.

(Sec. 5(aa), IRR, R.A. 9184)

13
 GOODS
Refer to:
All items, supplies and materials
Including general support services
Needed in the transaction of public businesses or in the pursuit of any
government undertaking, project or activity
Whether in the nature of equipment, furniture, stationery, materials or
construction, personal property, including non-personal or contractual
services, such as:
repair and maintenance of equipment and furniture
trucking, hauling, janitorial and security and other related and
analogous services.

Except: Infrastructure projects and consulting services

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 INFRASTRUCTURE PROJECTS
Refer to:
construction, improvement, demolition, rehabilitation, repair,
restoration or maintenance of civil works components of :
1. IT projects
2. irrigation
3. flood control and drainage
4. water supply
5. sanitation, sewerage and solid waste management
6. national buildings, hospital buildings, and other related
constructions projects of the Government.

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 CONSULTING SERVICES

Refer to services for Infrastructure Projects and other types of

projects or activities of the Government requiring adequate
external technical and professional expertise that are beyond the
capability and/or capacity of the Government to undertake such
as, but not limited to:

1. advisory and review services;

2. pre-investment or feasibility studies;
3. design;
4. construction supervision;
5. management and related services; and
6. other technical services or special studies.

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 MIXED PROCUREMENT

In case of projects involving mixed procurements, the

nature of the procurement, shall be determined based on
the primary purpose of the contract.

Determination shall be made by the procuring entity.

In mixed procurements, the PE shall specify in the Bidding

Documents all requirement applicable to each component
of the project. In the preparation of Bidding Documents, the
PE shall ensure compliance with existing laws, rules and
regulations, especially those concerning licenses and permits
required for the project (Sec. 17.2, 2016 IRR of RA 9184)

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 DETERMINATION OF TYPE OF
PROCUREMENT

PE is in the best position to determine the correct

classification of its procurement based on its identified
needs and the best way by which these needs may be
addressed, managed, and satisfied.

It is the motivation or intention of the PE in pursuing

the project that will determine the primary purpose of a
project.
NPM 11-2013
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PRINCIPLES OF PUBLIC
PROCUREMENT

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 Public Procurement
Principles
Transparency
Efficiency Streamlined Procurement Process
Equity Fairness
Competition
Accountability
Public Monitoring
Economy Value for Money
(TEE-CAPE)
5 Rights in Public Procurement
Value for Money

Time/
Delivery
PROCUREMENT METHODS
AND PROCEDURES

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 PROCUREMENT METHODS

All 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 cases

To promote economy and efficiency

Justified by conditions specified in R.A. 9184 and its

IRR

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PROCUREMENT METHODS

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 BIDDING PROCESS FOR
GOODS & INFRA PROJECTS

Advertisement
Pre-
and/or Pre-Bid
Procurement
Conference Posting Conference

Opening of
Bid Opening of
Technical Proposal
Submission Financial Proposal
(incl. eligibility docs)

Contract
Bid Evaluation Post-qualification Award

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 BIDDING PROCESS FOR
CONSULTING SERVICES
Advertisement
Pre-
and/or Eligibility and
Procurement
Conference Posting Shortlisting

Opening of
Bid
Pre-Bid Bids
Submission
Conference (QBE or QCBE)

Post-qualification Contract
Bid Evaluation
Award
(QBE or QCBE)
Negotiation

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 PROCUREMENT
ORGANIZATIONS

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 2016 Revised IRR of RA
9184
The GPPB and its TSO:

The GPPB is the central procurement policy making body

of the government under the Government Procurement
Reform Act

Section 63 of RA 9184 and its IRR authorizes the Government

Procurement Policy Board (GPPB) to formulate public
procurement policies, rules and regulations, and amend,
whenever necessary, the IRR.

The GPPB-TSO is the technical, research, monitoring and

administrative arm of the GPPB.

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 2016 Revised IRR of RA
9184

On Authority Over Procuring Entities

It cannot dictate to the procuring entity how to

decide or resolve issues relative to its procurement
activities. The GPPB is a quasi-legislative body
mandated to formulate and amend the IRR. It has no
quasi-judicial powers and functions; hence, cannot
investigate and ascertain the existence of facts, hold
hearings, and exercise discretion of a judicial nature
over actual controversies with regard to the conduct
of bidding by procuring entities. 29
 2016 Revised IRR of RA
9184
On Granting exemption from application of RA
9184

It is beyond the authority of the GPPB to grant

exemptions from the application of RA 9184 and its
IRR as it does not have the mandate to legislate nor
determine the coverage of the law. The GPPB
however, may render contemporaneous construction
of the provisions of the law pursuant to its quasi-
legislative fiat, and issue rules and regulations on
the basis of its rule-making power.
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 2016 Revised IRR of RA
9184
On Resolving issue on post-disqualification

GPPB cannot grant a bidders request to resolve

the issue of their post-disqualification. Nonetheless,
they are urged to follow the prescribed rules and
procedures on Protest Mechanism laid down in
Section 55 of the IRR of RA 9184.

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 2016 Revised IRR of RA
9184
On Declaring Failure of Bidding

GPPB is not vested with the authority to declare a

PEs procurement activity to have incurred a failure
of bidding.

Declaration of failure of bidding is within the

authority and accountability of the Bids and Awards
Committee and the Head of the Procuring Entity to
exercise, under Sections 35 and 41 of the IRR of RA
9184, respectively. 32
PROCUREMENT ORGANIZATIONS

Head of the Procuring Entity (HOPE)

Bids and Awards Committee (BAC)
BAC Secretariat
Technical Working Group (TWG)
Observers

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HEAD OF PROCURING ENTITY (HOPE)

Refers to:
Head of the agency or body, or his duly authorized official,
for NGAs and the constitutional commissions or offices, and
other branches of government;
Governing Board or its duly authorized official, for GOCCs,
GFIs and SUCs; or
Local Chief Executive, for LGUs

Note: In an agency, department, or office where the

procurement is decentralized, the head of each decentralized
unit shall be considered as the HoPE, subject to the limitations
and authority delegated by the head of the agency, department,
or office

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HEAD OF PROCURING ENTITY (HOPE)

FUNCTIONS AND RESPONSIBILITIES:

1. Establishes BAC and appoints its members
Ensures that BAC members give their utmost priority
to duties
Ensures professionalization of members of the
procurement organization

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 TSO.
(Sec. 16, 2016 IRR of RA 9184)
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HEAD OF PROCURING ENTITY (HOPE)

2. Approves the Annual Procurement Plan (APP)

3. Approves/Disapproves the Contract Award

4. Resolves Protests

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BIDS AND AWARDS COMMITTEE (BAC)

As a general rule, HOPE must create a single BAC.

However, separate BACs may be created under any of the
following conditions:

1.The items to be procured are complex or specialized;

2.If the single BAC cannot reasonably manage the
procurement transactions as shown by delays beyond the
allowable limits; or
3.If the creation is required according to the nature of the
procurement.

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BIDS AND AWARDS COMMITTEE (BAC)

FUNCTIONS AND RESPONSIBILITIES:

Recommends Procurement Method

Creates a Technical Working Group (TWG)
Conducts the bidding activities
Resolves Requests for Reconsideration
Recommends Imposition of Sanctions
Invites Observers during all stages of the procurement
process
Conducts due diligence review or verifications of the
qualifications of observers
Prepares Procurement Monitoring Report

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 BIDS AND AWARDS COMMITTEE
(BAC)
FUNCTIONS AND RESPONSIBILITIES:

Advertise and/or post the IB/REI

Conduct pre-procurement and pre-bid conferences;
Determine the eligibility of prospective bidders;
Receive and open bids;
Conduct the evaluation of bids;
Undertake post-qualification proceedings;
Recommend award of contracts to the HoPE or his duly
authorized representative;
Recommend to the HoPE the use of Alternative Methods of
Procurement

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 BIDS AND AWARDS COMMITTEE
(BAC)
FUNCTIONS AND RESPONSIBILITIES:

Conduct any of the Alternative Methods of Procurement;

Conduct periodic assessment of the procurement processes and
procedures
Perform such other related functions as may be necessary

(Sec. 12.1, 2016 IRR of RA 9184)

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 BIDS AND AWARDS COMMITTEE
(BAC)
MEMBERSHIP AND QUALIFICATIONS:

BAC members should occupy plantilla positions with

the procuring entity concerned.

All members are regular members except the end-user

member who is considered as a provisional member. The
members, whether regular or provisional, are equally
entitled to participate and to vote during deliberations.

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 BIDS AND AWARDS COMMITTEE
(BAC)
COMPOSITION: 5 but not more than 7 MEMBERS
designated by the HOPE

1.Regular Members:
Chairperson (3rd Ranking Permanent Official);
Member representing the Legal or Administrative areas
(5th Ranking Permanent Personnel); or if not available, an
officer of the next lower rank;
Member representing the Finance Area (5th Ranking
Permanent Personnel); or if not available, an officer of the
next lower rank;

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 BIDS AND AWARDS COMMITTEE
(BAC)
COMPOSITION: 5 but not more than 7 MEMBERS
designated by the HOPE

2. Provisional Members
Officer possessing Technical expertise relevant to the
procurement.
End user unit Representative. In case of procurement
outsourcing, a representative from the Procuring Entity may be
designated as a provisional member

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BIDS AND AWARDS COMMITTEE (BAC)

COMPOSITION: 5 but not more than 7 MEMBERS

designated by the HOPE

Members for LGUs (Regular Offices under OLCE):

1.Administrators Office
2.Budget Office
3.Legal Office
4.Engineering Office
5.General Services Office
6.End User Office

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 BIDS AND AWARDS
COMMITTEE (BAC)
The BAC members shall elect among themselves
who shall act as the Chairman and Vice-
Chairman.

The BAC Chairman and Vice-Chairman shall be

designated by the LCE

QUALIFICATIONS:

BAC members should occupy plantilla positions

with the procuring entity concerned
BAC Chairperson shall be at least a third ranking
permanent official

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Procurement Organizations:
LGU BAC
BAC Composition in Local Government Units (LGUs)

While the list of offices mentioned in Sec 11.2.3 of the IRR of RA 9184
is not exclusive, it is necessary that the BAC members shall come from
the regular offices under the Office of the Local Chief Executive (LCE),
except the Chief Accountant and any personnel from the Accounting
Unit.

Term of Office of BAC Members in LGUs

The LCE was given the discretion to designate the members of the
BAC for the period of one (1) year, and to extend the terms of office of
BAC Members granting that the extension will be most desirable and
advantageous for the PE.
NPM 36-2014

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 ALTERNATE BAC MEMBERS

Same qualifications as their principals.

Same term as the principal.
Presence of alternate BAC members in BAC meetings are
considered for purposes of quorum.
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.
Shall be entitled to the proportionate honoraria for
attendance in meetings.

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BIDS AND AWARDS COMMITTEE (BAC)

TERMS OF MEMBERSHIP:

The BAC members shall be designated for a term of one (1)

year only, reckoned from the date of designation. However,
the HOPE may renew or terminate such designation at
his discretion.

Upon expiration of the terms of the current members, they

shall continue to exercise their functions until new BAC
members are designated.

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BIDS AND AWARDS COMMITTEE (BAC)

TERMS OF MEMBERSHIP:

In case of resignation, retirement, separation, transfer, re-

assignment, or removal of a BAC member, the HOPE shall
designate a replacement that has similar qualifications as
the official replaced. The replacement shall serve for the
unexpired term. In case of leave or suspension, the
replacement shall serve only for the duration of the leave
or suspension.

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 PROHIBITED BAC MEMBERS

1. Head of the Procuring Entity

2. Official who approves procurement contracts;

3. Chief Accountant or Head of the

Provincial/City/Municipal Accounting Office and
his/her staf, unless the Accounting Department is the
end-user unit, in which case the Chief Accountant,
Head of the Accounting Department or his/her staff
may be designated as an end-user member. (COA
Circular Letter No. 2004 3)

50
BAC SECRETARIAT

51
 BAC SECRETARIAT

FUNCTIONS:
Provide administrative support to the BAC and TWG
Organize BAC and TWG meetings and conferences
Take custody of procurement documents and other 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 process
Monitor procurement activities and milestones
Consolidate PPMPs
Act as central channel of communications
Prepare minutes of meetings and resolutions of the BAC

52
TECHNICAL WORKING GROUP (TWG)

Created by the BAC from a pool of legal, technical and

financial experts
- those experts outside the procuring entity concerned
may be included, i.e. government personnel and officials
and consultants from the private sector and academe
with proven expertise on the sourcing of goods, works
or consulting services. (GPPB Resolution No. 07-2012,
GPPB Circular No. 02-2012)
BAC may create separate TWGs to handle different
procurements

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TECHNICAL WORKING GROUP (TWG)

FUNCTIONS:
Assist BAC in the following activities:

Eligibility screening
Bid evaluation
Post-qualification
Review of the Technical Specifications, Scope of Work, and
Terms of Reference
Review of Bidding Documents
Shortlisting of consultants
Resolution of Request for Reconsideration

(Sec. 12.1, 2016 IRR of RA 9184)

54
 OBSERVERS

Observers represent the public, the taxpayers who are

interested in seeing to it that procurement laws are
observed and irregularities are averted.
At least three (3) Observers shall be invited coming
from:
COA
Duly recognized private group in the sector or
discipline of the particular type of procurement
involved
Non-Government Organization (NGO)

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OBSERVERS

56
 OBSERVERS

Observers shall be allowed access or be provided with the

following documents free of charge upon their request, subject to
signing of a confidentiality agreement:

1.Minutes of BAC meetings;

2.Abstract of Bids;
3.Post-qualification summary report;
4.APP and related PPMP; and
5.Opened proposals

In all instances, observers shall be required to enter into a

confidentiality agreement with the concerned Procuring Entity in
accordance with the form prescribed by the GPPB.

57
 OBSERVERS

RESPONSIBILITIES:

1.Prepare report (jointly or separately) indicating their

observations on the procurement activities
2.Submit report to the PE and furnish a copy to the GPPB
and the Office of the Ombudsman/Resident Ombudsman.
3.Immediately inhibit and notify in writing the PE of any
actual or potential conflict of interest
If no report is submitted by the observer within seven (7)
calendar days after each procurement activity, then it is
presumed that the bidding activity conducted by the BAC
followed the correct procedure
58
 GRANT OF HONORARIA

PE is authorized to grant honoraria to the members of

the BAC, the TWG, and the BAC Secretariat provided
the amount so granted does not exceed twenty-five
percent (25%) of their respective basic monthly salary,
subject to the following conditions:

funds are available for the purpose; and

the grant of honoraria conforms to the guidelines
promulgated by the DBM. (Section 15, IRR of
R.A. 9184)

59
 GUIDELINES ON THE GRANT
OF HONORARIA
DBM Budget Circular No. 2004-5A, dated 7 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 Competitive Bidding, LSB and Nego Proc-
Two Failed Bidding.
Granted to Chair or Members of the BAC or the TWG
by the PE concerned.

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 GUIDELINES ON THE GRANT
OF HONORARIA
BAC Secretariat performing attendant functions in
addition to their regular duties and functions may be
paid honoraria at the same rate as the TWG Chair and
Members
Those who are receiving honoraria shall no longer be
entitled to overtime pay for procurement-related
services rendered.
Payment of overtime services may be allowed for the
administrative staf, (clerks, messengers and drivers
supporting the BAC, the TWG and the Secretariat), for
procurement activities rendered in excess of official
working hours.

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 FUNDING SOURCE
Collections from successfully completed procurement
projects, limited to activities prior to the awarding of
contracts to winning bidders:

proceeds from sale of bid documents;

fees from contractor/supplier registry;
fees charged for copies of minutes of bid openings, BAC
resolutions and other BAC documents;
protest fees; and
proceeds from bid security forfeiture

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 CEILING FOR HONORARIA

Maximum Honorarium rate

per procurement project

BAC Chair Php 3,000.00

BAC Members Php 2,500.00

BAC Secretariat Php 2,000.00

TWG Chair and Members

Members of the BAC Secretariat whose positions are in the Procurement

Unit of the agency shall not be entitled to honoraria although the payment of
overtime services may be allowed, subject to existing policy on the matter.

63
THE 2016 REVISED IRR
(SALIENT FEATURES)

64
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Free Trade Mandates adherence to RA 9184 Provide
Negotiations or selection through competitive guidance and
bidding. Otherwise, negotiating directive in
panel shall ensure that the negotiations
for
reasons for the adoption of a
international
different rule or method of agreements
procurement are clearly reflected and executive
in the records of discussion. (Sec. agreements
4.3) (i.e. FTA)

65
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Varying Enumerated activities that are not Clarification on
interpretations considered as procurement the
on what are undertakings under RA 9184 and its applicability of
covered by RA IRR: RA 9184 and
9184
its IRR
1.Direct financial or material
assistance to beneficiaries
2.Participation to scholarships,
trainings, continuing education etc.
3.Lease of govt 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
(Sec. 4.5)
66
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Poor a. MYOA for Multi-year projects Improved
planning; (Sec. 5(b), 7.6); linkage of
Delay in budget to
budget b. Preparation of Indicative APP procurement;
approval; upon issuance of budget call or Efficiency in
Delay in similar document (7.3) procurement;
procurement Improved
Under- c. Undertaking Procurement Short monitoring;
spending of Award (7.6) Avoid splitting
of contracts
d. Require submission of APP and
changes thereto to GPPB (7.4)

67
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Lack of Allows designation of an officer of the Increases the
members to next lower rank, in case of pool from
constitute unavailability of 5th ranking which HOPE
BAC permanent official (except for BAC select its BAC
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))

68
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Lack of full- Allows designation of an officer of Fast-track
time BAC Sec the next lower rank, in case of procurement
members to unavailability of 5th ranking
support the permanent official
BAC in every
procurement
In case of ad hoc BAC Secretariat,
activity
the HOPE shall assign full-time
support staff in its BAC
Secretariat (Sec. 14.2)

69
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Role of Duties of TWG: Avoids
TWG pinpointing of
1.) Review of the Technical responsibilities
Specifications, Scope of Work, and
Terms of Reference;
2.) Review of Bidding Documents;
3.) Shortlisting of Consultants;
4.) Eligibility Screening;
5.) Evaluation of Bids;
6.) Post-Qualification; and
7.) Resolution of Request for
Reconsideration (12.1)

70
 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-
HOPE, BAC, including other relevant zation
Secretariat procurement personnel are sent to
and TWG attend procurement training or
capacity 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.
71
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Low-turn out a. Identify stages of procurement Increase
of when observers are invited; observers
procurement participation
observers
b. Increase the period of notice
from 3 to 5 days

c. Allow access or provide copy of

bidding documents

d. If no observer report within 7

days from activity, there is a
presumption that the BAC
followed the correct procedure
(Sec. 13)
72
 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
to meet the needs of the PE lowest prices

b. For mixed procurement, PE

shall specify all relevant
requirements for each
procurement type (Sec. 17.2)
Non- Provide instances when bid doc Fairness in
Refundable fees may be refunded to the procurement
Fee bidder, i.e. declaration of failure of
For bid docs bidding under Section 41. (Sec.
17.5)

73
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Difficulty inReference to brand names is Ensure
preparing allowed for items or parts that are compatibility,
technical compatible with the existing fleet or performance,
specifications
equipment of the same make and functionality
and useful life
brand and will maintain the
Reference to of the
performance, functionality and
Brand Names equipment.
useful life of the equipment.

Prohibition on brand names likewise

apply to the goods component of
Infrastructure Projects and
Consulting Services. (Sec. 18)

74
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Poor Quality Requirement on detailed Quality of
of Works engineering is emphasized. (17.6) Goods for the
lowest prices

Delay in Commencement of the Fastrack

procurement procurement process for civil procurement
due to issues works short of award, until a activities
on right of permit to enter, deed of
way
sale/donation, writ of possession
is issued (17.6)
Volume of Institutionalize procurement by lot Efficiency in
Procurement (Sec. 21.1(b)) procurement
Requests

75
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Newspaper a. Increase thresholds for Reduce
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 video-conferencing, webcasting procurement
of bidders in requirements;
pre-bid Reduce
b. Allow all prospective bidders disqualification;
(even those who did not buy bid Increase
docs) to raise queries (Sec. 22) competition

76
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Disqualification a. Mandatory registration under Easier
of Bidders/ Platinum Membership (Sec. 8.5.2, eligibility
Failure of 25.2) check
Biddings due
to
documentary
b. Mayors permit: Reduce
requirements - Allows submission of recently expired disqualification
mayors permit with official receipt of of bidders/
Low turn-out application for renewal of permit failure of
of bidders biddings
- Allows equivalent document for
Increase
economic zones (Sec. 23.1(a)(ii),
24.1(a)(ii))
competition

c. For goods procurement, submission

of a Credit Line, as an alternative to
NFCC (Sec. 23.1(a)(viii))
77
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Disqualification d. For goods and infrastructure projects, Easier
of fixing the NFCCs K factor at 15, eligibility
Bidders/Failure regardless of contract duration (Sec. check
of Biddings 23.4.1.4, 23.4.2.7)
due to
documentary Reduce
requirements e. For individual consultants not disqualification
registered as sole proprietors, they can of bidders/
Low turn-out submit BIR Certificate of Registration failure of
of bidders instead of DTI and Mayors Permit (Sec. biddings
24.1(a)(ii)) Increase
competition
f. In consulting services, submission of
foreign bidders SEC Certificate of
Registration and/or PRC permit is
moved from eligibility to contract award
(Sec. 37.1.4(a)(iv))
78
 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
sealing of bids bidding documents, shall be accepted, of bidders
provided that the bidder or 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)

79
 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
bids; has received through its PhilGEPS- and accurate
registered physical address or representation
official e-mail address (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. (37.1.1)

80
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Procurement a. Exempts the bidder from the mandatory Encourage
by Foreign PhilGEPS Certificate of Registration (Sec. participation
Service Posts 25.2) of foreign
b. Winning bidder shall be required to bidders in the
register (Registration Number only) prior procurement
to contract signing. (Section 37.1.4(a)(ii) by FSPs

Bid and a. Allows the bidder to choose their Avoid undue

Performance preferred form of bid security (Sec. 27.2) disqualification
Securities of bidders who
b. Clarifies that the amount for Bid posted more
Security shall not be less than the amount than the
of the ABC; in case of the Performance required
Security, the Contract Price. (Secs. 27.2 amount.
and 39.2)

81
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Technical Strengthen post-qualification process: Ensures
capability of a. For Goods, BAC shall check: technical
suppliers and capability of
1. Delay in the partial delivery of goods
contractors bidders from
amounting to ten percent (10%) of the
their past or
contract price in its ongoing contracts;
on-going
2. Bidders failure to deliver within the contracts
period(s) specified in the contract or
within any extension thereof and such
failure amounts to at least ten percent
(10%) of the contract price; or
3. Unsatisfactory performance of the
suppliers obligations as per contract
terms and conditions at the time of
inspection (Sec. 34.3(b)(iii))

82
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Technical b. For Infrastructure Projects, BAC shall Ensures
capability of check: technical
suppliers and 1. Negative slippage of at least 15% in capability of
contractors any one project or a negative slippage bidders from
of at least 10% in each of 2 or more their past or
contracts; on-going
contracts
2. Failure of the contractor to
commence repair works on ongoing
contracts in accordance with Section
34.3
3. Failure of the contractor to
commence repair works on contracts
with pending certificates of acceptance
in accordance with Sec. 34.3
4. Substandard quality of work or
unsatisfactory performance at the time
of inspection. 83
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Period of a. Re-scheduling of bid opening BAC/HOPE is
Action per (due to justifiable reasons, i.e given a
procurement lack of quorum, cancellation of standardized
activity office work due to bad weather): time to
determine the
-reschedule on the next working day of eligibility and
at the soonest possible time (Sec. capability of
29) bidders

b. Standardize/adjusted period of
action:

Bid Evaluation for goods and infra

7 calendar days, regardless of amount
of ABC (Sec. 32.4)
84
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Period of Post-qualification: BAC/HOPE is
Action per May be conducted up to 12 calendar given more
procurement days, or up to 45 calendar days in time to
activity exceptional cases for goods & determine the
infrastructure projects, or up to 30 eligibility and
calendar days for consulting services. capability of
bidders
In case of post-disqualification of the
LCB/HRB, the BAC is given a fresh
period to post-qualify the next LCB/HRB.
(Sec. 34.8)

Contract Approval by Higher

Authority:
NGAs, SUCs, LGUs, - 20 cd
GOCCs 30 cd (Sec. 37.3) 85
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Retention For Goods, retention money is Reduce
Money reduced from 10% to at least 1% transaction cost
(Sec. 62) results to lower
bid prices

For Infrastructure Projects, retention

money is retained at 10%
Termination Once the cumulative amount of PE has the
of contract/ liquidated damages reaches ten discretion w/n to
Liquidate percent (10%) of the amount of the terminate the
contract,
damages contract, the Procuring Entity may especially when
rescind or terminate the contract, the Project is
without prejudice to other courses of near completion
action and remedies available under (but LD already
reached 10%)
the circumstances. (Sec. 68)

86
 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
activities by: method of
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)

87
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Difficulty in New Alternative Modality: Efficiency in
procuring the procurement
following: considering
-Media
Section 53.6 Scientific, that only 1
services;
-Scientific, supplier/contr
Scholarly or Artistic Work, actor could
academic
references, Exclusive Technology and provide the
works Media Services. needs of the
- life-saving PE
equipment
-Legal services
-Artistic works
- Infra projects
with exclusive
technology

88
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Engaging the Expanded the coverage of Section 53.13, To better
services of to include IOs and IFIs for the following facilitate the
International procurement: engagement
Organizations a. small quantities of off-the-shelf goods, of the services
or primarily in the fields of education and UN agencies,
International health; IOs and IFIs.
Financial
b. specialized products where the number
Institutions
of suppliers is limited, such as but not
limited to vaccines or drugs;
c. Goods, Infrastructure Projects and
Consulting Services, involving advanced
technologies, techniques and innovations
not locally available as certified by the
HoPE, when it is most advantageous to the
government. (Sec. 53.13)

89
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
Posting a. 3-day posting shall be required for Standardize
Requirements the following modalities: AMP rules
for Alternative
1.Limited Source Bidding;
Methods of
Procurement 2.Shopping under Section 52.1 above
P50K
3.Two Failed Biddings
4.Small Value Procurement
5.NGO Participation (Sec. 54.2)

b. Posting of awards for all Alternative

Methods, excepts for ABCs P50K and
below (Sec. 54.3)

90
 2016 Revised IRR of RA
9184
Issue/s Revision Impact
PhilGEPS PhilGEPS Registration Number, as a Standardize
Registration condition for award on the following AMP rules
Requirements modalities:
for Alternative 1.Direct Contracting
Methods of
2.Shopping under Sec. 52.1(b)
Procurement
3.Take over of contracts (new bidders)
4.Scientific, Scholarly, Artistic Works etc.
5.Highly Technical Consultants
6.Small Value Procurement
7.Lease of Real Property and Venue

For Limited Source Bidding and Two-Failed

Biddings, PhilGEPS Certificate of
Registration is required. (Sec. 54.6)
91
 Annex H of the 2016
Revised IRR
Issue/s Revision Impact
Different Issuance of Annex H of the 2016 Single
guidelines for Revised IRR of RA 9184. Consolidated reference on
alternative Guidelines for the following Alternative the
method of Methods of Procurement: procurement
procurement procedures
1.Direct Contracting;
and
Various 2.Repeat Order requirements
interpretations
3.Shopping for the
of
stakeholders 4.Negotiated Procurement (Two Failed commonly-
on the Biddings; Emergency Cases; Take-Over resorted
procedures of of Contracts; Adjacent/Contiguous; Alternative
AMPs Agency-to-Agency; Scientific, Scholarly,
Modalities
Artistic Works etc.; Highly Technical
Consultants; and Lease of Real Property
and Venue)
92
 Annex H of the 2016
Revised IRR
Issue/s Revision
The number of a. Shopping 52.1(a) and Emergency
quotation that Procurement send at least 1 RFQ
the BAC has to
obtain, in
order to
b. Shopping 52.1(b) send at least 3 RFQs, receive
proceed with
the negotiation at least 3 quotations

c. Two Failed Biddings, Small Value

Procurement, Lease of Real Property/Venue -
send at least 3 RFQs, receive at least 1 quotation
will suffice

93
 Annex H of the 2016
Revised IRR
Issue/s Revision
25% 25% threshold requirement is removed, provided that
threshold the servicing agency has the mandate and absorptive
requirement capacity to undertake the project
for Agency to
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 for Doubled the thresholds for all PEs, except for Barangays
SH & SVP (maintained at P50,000)

94
 THANK YOU

Atty. Dennis S. Santiago

Executive Director V, GPPB-TSO

Telephone/Fax: (+632) 900-6741 to 44

Website: http://www.gppb.gov.ph
Email: gppb@gppb.gov.ph