Alternative Methods of Procurement
Alternative Methods of Procurement
or Republic Act No. 9184, and its revised Implementing Rules and
procedures
involved in procurement
I. General Overview of RA 9184 and its IRR
Historical Background
GPPB and its Functions
Key Features of RA 9184 and its IRR
Scope and Coverage
II. Definition of Terms
III. Principles of Public Procurement
IV. Procurement Methods and Procedures
V. Procurement Organizations
Government Procurement Policy Board – Technical Support Office 3
AMERICAN LAWS ON
PROCUREMENT
CONTRACTS
American Practice of
NO CONTRACT SHALL BE
Public Bidding was INVITATION TO ENTERED INTO WITHOUT
BID
introduced in the PUBLIC BIDDING
Philippines on 1900
LOWEST
RESPONSIVE
BIDDER
PHILIPPINE PUBLIC
PROCUREMENT
4
PE BEFORE THE
ENACTMENT OF GPRA
5
Executive
Orders
Implementing
Rules and
Regulations Administrative
Issuances
Government Procurement Reform Act
10 January 2003
6
PROBLEMS REFORMS
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Covers procurement of all government agencies
General Rule is Public/Competitive Bidding
Alternative Methods of Procurement allowed in highly exceptional
cases
Use of the Approved Budget for the Contract (ABC) as ceiling for the
bid price
Use of transparent, objective, and non-discretionary criteria
Increased transparency in the procurement process
Professionalization of procurement officials
Inclusion of Penal and Civil Liabilities
Composed of the following:
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11 Regular Members –
Secretaries of the following:
DPWH - Department of Public Works and Highways 12th Regular Member
DTI - Department of Trade and Industry
DOH - Department of Health Private Sector Representative
DND - Department of Defense
DEPED - Department of Education
DOF - Department of Finance DBM
DILG - Department of Interior and Local Government
DOST - Department of Science and Technology
DOTr - Department of Transportation
DOE - Department of Energy
DICT - Department of Information and Communication NEDA
Technology
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Capacity
Policy-Making Monitoring
Development
> Amend > Establish a > Ensure the proper
implementing rules & sustainable training implementation by
regulations of program PEs of the Act, this
procurement law
IRR and all other
(quasi-legislative
function) relevant rules and
regulations on public
> Prepare generic
procurement manual procurement
and standard bidding > Review
forms effectiveness of
procurement law
> Protect national interest in all matters affecting public procurement, having due regard to
the country’s regional and international obligations.
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R.A. 9184 applies to all branches and/or instrumentalities of
the government:
procurement based on its identified needs and the best way by which
NPM 11-2013
ublic Monitoring
Awareness and vigilance
ccountability
Responsibility over actions/decisions (“Answerable”)
ompetitiveness
Equal opportunity to all eligible bidders
ransparency
Wider dissemination of bid opportunities
treamlined Process
Uniformly applicable to all government agencies
Effective and efficient method
Allows public involvement of qualified and eligible Civil Society
Organizations (NGOs, PAs, academic institutions, and religious groups) to
observe and monitor the procurement process until contract
implementation.
This is to guarantee:
bidding.
Posting in the Procuring Entity’s website,
Opening of
Opening of
Bid Submission Technical Proposal
Financial Proposal
(incl. eligibility docs)
Contract
Bid Evaluation Post-qualification Award
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Pre- Advertisement
and/or Eligibility and
Procurement
Posting Shortlisting
Conference
Opening of
Pre-Bid Bid Submission Bids
Conference (QBE or QCBE)
Post-qualification Contract
Bid Evaluation
Award
(QBE or QCBE)
Negotiation
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Head of the Procuring Entity (HOPE)
B i d s a n d A wa r d s C o m m i t t e e ( B AC )
B AC S e c r e t a r i a t
Te c h n i c a l Wo r k i n g G r o u p ( T WG )
Obser vers
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
4. Resolves Protests
As a general rule, HOPE must create a single BAC. However, separate
BACs may be created under any of the following conditions:
NPM 74-2013
FUNCTIONS AND RESPONSIBILITIES:
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.
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
GPP’s contribution
to the Philippine Increase
Development Plans competitiveness
& other policies
Help to achieve
environmental
objectives at national
and international
levels
GPPB Resolution 25-2017, dated 30 May 2017 approves the
Philippine Green Public Procurement Roadmap, providing for
strategies and mechanisms for the gradual advancements of GPP in
the country.
The intervention logic of the Philippine
Green Public Procurement Roadmap
STATE OF PLAY
Building on existing policies and laws, inspired by international
best practices and addressing stakeholders issues and concerns
5 Strategies
1 Policy commitment
5 Monitoring
Commitment
Market readiness
Environmental impact
Cost implications
Practicability
Support to government
Environmental objectives
Support to the local economy
GPP: Non-Common-use Supplies
and Equipment (Non-CSEs)
FIRST SET OF PRIORITIZED
PRODUCTS (non-CSEs)
ASSESSMENT MATRIX
Market readiness
Environmental impact
Cost implications
Practicability
Support to government
Environmental objectives
Support to the local economy
Sample Green Core Criteria and Technical Specifications
GPP APPROACH
• .Purchase products with a low energy and resource use during processing;
• Purchase products which avoid harmful substances in paper production
and bleaching;
• Purchase products with high recycled content;
• Purchase products from legally and sustainably harvested wood.
Sample Green Core Criteria and Technical Specifications
FUTURE CRITERIA:
EVIDENCE:
• Supplier must provide evidence that specifications are met. Especially
concerning the origin of raw materials certification schemes or evidence or
recycled materials must be provided
• Any appropriate means of proof demonstrating that the criteria are met
will be accepted (technical dossier from manufacturer, test report from
recognized body)
Sample Green Core Criteria and Technical Specifications
VERIFICATION:
• High quality recycled paper may look identical to conventional paper,
which neither has an official label nor a product mark indicating the
recycled content.
• Independent testing can be carried out by the Forest Product Research
and Development Institute (DOST)
CONTACT US AT:
TeleFax: (632)900-6741 to 44
Email address: gppb@gppb.gov.ph