Updates On Govt Procurement Rules
Updates On Govt Procurement Rules
Use of pump prices for the procurement of non-bulk petroleum, oil and lubricant
products
Use of Videoconferencing, Webcasting and Similar Technology in the Conduct
of Meetings and Determination of Quorum by the BAC
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PROCUREMENT PROJECTS BASIS FOR COMMENCING THE CONDUCT OF EPA
o Projects that are included in
the budget of the Source
Agency but shall be released • The special provision in the NEP shall be the basis of
directly to the Recipient the recipient agency to conduct EPA
Agency pursuant to a special
provision in the NEP
o For Procurement Projects
• A Memorandum of Understanding (MOU) between
funded in the budget of the
the Source Agency and the Recipient Agency shall
Source Agency but to be
be the basis of the Recipient Agency for the conduct
implemented by the Recipient
of EPA.
Agency
o For Procurement Projects
funded by forthcoming sub- • The written approval from the CO identifying and
allotments from the Central authorizing the Implementing Unit to conduct an EPA
Office (CO) or Centrally- shall be the basis for the undertaking said activity.
Managed Items
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Shall only commence upon completion of the following:
1. All the appropriate preparatory activities such as, but not limited
to:
• cost-benefit analysis
• feasibility studies
• market research
• for civil works: detailed engineering designs, regulatory
clearances and right of way acquisitions
Shall only commence upon completion of the following:
Rule 3:
Example 1:
NEP ABC LCRB GAA
Withdrawn
1.5 Million 1.5 Million 1.3 Million 0
Example 2:
Below the NEP ABC LCRB GAA
contract to 900 800
1 Million 1 Million
be awarded Thousand Thousand
When NOT to Award
Rule 4:
Rule 5:
the fifteen-day (15 day) period for the HoPE to approve the
Resolution of the BAC and to issue the Notice of Award provided
under Section 37; and
It shall NOT commence anew but rather, grants the HoPE the
balance of the remaining period to award the contract or
terminate the procurement process.
Example: 17 days
73 days Period is 15 d
tolled/
suspended Period to
Bid
Opening Approval and complete the
effectivity of the 3-month
BAC GAA procurement
Recommendation process
period for the HoPE to
award the contract
Tolling of Periods
For example:
Bid Opening = 30 July
BAC Recommendation = 11 October
Period tolled/suspended beginning 12 October
Background
Pilot tested by the Department of Budget and Management –
Procurement Service (DBM-PS), Department of Education (DepEd),
Department of Health (DOH) and Department of National Defense(DND)
Section 7.7
General Conditions
Procurement shall be conducted following the procedures for
Competitive Bidding provided in RA 9184 and its IRR, subject to Section
6 of the proposed Guidelines.
General Conditions
General Conditions
Procuring entity will benefit from the fixed price or lower price for the
duration of the Framework Agreement;
Call-Offs at the time of actual need will result in the optimum usage of
the ABC; or
The benefits and advantages of lean and just-in-time procurements are
achieved.
27-2019
Guidelines on the Use of Framework Agreement
Competitive Bidding
PE shall prepare, separate technical specifications or scope of work for
every item to be bidded out and indicate, among others, total cost for
each item, the maximum quantity it may procure when needed, and the
requested delivery or performance lead time from issuance of the Call-
Off or from any date determined by the procuring entity.
Invitation to Bid shall indicate that the procurement will be subject to a
Framework Agreement pursuant to this Guidelines, and shall state
whether the Framework Agreement is for a single or multi-year
Framework Agreement.
27-2019
Guidelines on the Use of Framework Agreement
Competitive Bidding
For multi-year Framework Agreement, the ABC for the first year shall be
the basis in computing for the required amount of the single largest
completed contract, net financial contracting capacity, bid security,
bidding documents fee and protest fee.
The procedure and requirements for Competitive Bidding provided in RA
No. 9184 and its revised IRR shall apply while the Lowest Calculated
and Responsive Bidder (LCRB) shall be determined as follows:
• Single-Year Framework Agreement
• Multi-Year Framework Agreement
• Single Calculated & Responsive Bid (SRCB)
27-2019
Guidelines on the Use of Framework Agreement
Competitive Bidding
Upon determination of the bidder with the LCRB, the HoPE shall award
the option contract (Framework Agreement), in the form of a Notice to
Execute Framework Agreement, to the bidder with the LCRB. This
notwithstanding, actual purchase of the procuring entity shall only be
made upon issuance of Call-Off.
27-2019
Guidelines on the Use of Framework Agreement
Competitive Bidding
Competitive Bidding
Determination of LCRB after Mini-Competition (con’t.)
The HoPE shall then issue to all complying bidders a Notice to Execute
a Framework Agreement.
The determination of the LCRB shall not be performed by the BAC until a
Mini-Competition is conducted among the complying bidders to
determine the bidder with the LCRB.
27-2019
Guidelines on the Use of Framework Agreement
Competitive Bidding
Determination of SCRB
For a multi-year framework agreement with only one (1) bidder who
passed the preliminary examination or evaluation, it shall be converted to
a single-year framework agreement.
27-2019
Guidelines on the Use of Framework Agreement
Framework Agreement
Within ten (10) calendar days from receipt by the participating bidder(s)
of the Notification to Execute a Framework Agreement with the Procuring
Entity, the bidder shall formally enter into a Framework Agreement
with the PE for an amount of One Peso to be paid by the PE as a
consideration for the option granted to the PE to procure the items in the
Framework Agreement List when the need arises.
Framework Agreements shall include the following: (a) Framework
Agreement List; (b) a provision that the perfection of the actual
procurement contract shall be reckoned from the execution of the
Call-Offs; and (c) statement that upon the execution of the Call-Offs
27-2019
Guidelines on the Use of Framework Agreement
Framework Agreement
Prices indicated in the Framework Agreement corresponding to the
subject goods or services in the Framework Agreement List shall be
fixed price per item or identified service;
Framework Agreements shall not state or imply any agreement by the
procuring entity to place future contracts or make orders with the supplier
or service provider
No modification of the Framework Agreement during its lifetime shall be
allowed.
27-2019
Guidelines on the Use of Framework Agreement
Framework Agreement
Valid only for the period stated in the Bidding Documents which, in no
case shall exceed three (3) years from the time the Framework
Agreement was executed.
To guarantee the faithful performance by the supplier or service provider
of its obligations under the Framework Agreement, it shall submit a
performance security
Bidders executing the Framework Agreement either for single or multi-
year shall ensure the continuing validity of their eligibility documents
during the implementation of the contract.
27-2019
Guidelines on the Use of Framework Agreement
Call-Off
Upon the determination of the need to procure the items or services, the
PE will issue a Call-Off, immediately if single-year Framework
Agreement, or after the conduct of Mini-Competition if multi-year
Framework Agreement, in favor of the suppliers/service providers to
obligate the latter to deliver or perform according to the terms and
conditions stated in the Framework Agreement.
Termination
Without prejudice to the provisions of applicable laws, rules, and
guidelines, the Framework Agreement shall automatically terminate
under the following conditions:
Repeat Order
Allowed after PE has exhausted maximum quantity for the same item or
after the Framework Agreement has expired:
Amendment
Section 12.3 & 12.4 of the 2016 Revised IRR of RA No. 9184
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Use of Digital Signature
Objective
To hasten the process of securing physical signatures of procurement
officers who may not always be available to affix their signatures & to
avoid pending of procurement documents due to physical absence of
the signatories
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You may contact the Cybersecurity Bureau or the Digital
Certificate Division of the DICT for any technical concerns
with the registration or use of the digital signature.
8 - 920 - 0101
Payment through Letters of Credit
For procurement projects, using either domestic or foreign funds, where only
foreign suppliers can participate, PEs may open LCs or similar instruments in
favor of such foreign supplier from a government servicing bank.
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Imposition of Liquidated Damages
In the event that the Supplier fails to perform any other obligations under the
Contract, the PE shall deduct liquidated damages from the contract price
using applicable rate of one tenth (1/10) of one (1) percent of the cost of
the unperformed portion for every day of delay until actual delivery or
performance.
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Calibrated Actions to Delays in the Implementation of Infrastructure Projects
In case the amount appropriated for the recurring activities or projects in the re-
enacted budget is within the amount of contract to be awarded but with a higher
ABC in included in the NEP, the same may be awarded on the basis of the
re-enacted budget.
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Direct Purchase of POL & Airline Tickets
New Provision
Section 53.14 of the 2016 Revised IRR of RA No. 9184:
Direct Retail Purchase of Petroleum Fuel, Oil and
Lubricant (POL) Products and Airline Tickets
Direct Purchase must be made from any available retailers, dealers or gas
stations at retail pump price
POL procurement must be intended for any official government vehicles &
equipment for immediate consumption
Payment may be made through cash advance, reimbursement or other
allowable payment modalities
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Negotiated Procurement
Direct Retail Purchase of Airline Tickets
Direct Purchase must be made from any commercial airline at fairly reasonable
rates
Procurement of airline tickets must be intended for any official government
vehicles & equipment for immediate consumption
Payment may be made through cash advance, reimbursement or other
allowable payment modalities
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ONGOING INTERVENTIONS FOR PROCUREMENT TRAINERS
New Project
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Training Program for Municipalities &
Local Government Units (MLGUs)
Accomplishments (2018-2019)
No. of target No. of actual
75 MLGUs for 78 MLGUs covered in
2018 2018
No. of target vs. No. of actual
150 MGLUs for 257 MLGUs covered in
2019 2019
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Orientation Course on Government July 2019
Procurement for Newly Elected Officials
Attended by 17,754 newly elected local chief executives
& local government personnel
July – October 2019
Training Program for Provinces
In collaboration with DILG covering 77 provinces
February 2019
Pilot Training on Government Procurement
for Urban & Rural Barangays
In collaboration with LGA attended by 13 urban & 11 rural
Barangays
New Project
INTERVENTIONS
2019 Procurement Forum
23-24 January 2019
Objective
Emphasize linkage between procurement planning & budgeting
Capacitate public procurement practitioners in terms of project costing &
specifications writing
Attended by 410 officials & technical personnel from DBM, and 784 procurement
personnel from various agencies
Objective
Theme: “Fostering Stakeholder Participation towards a Strong and
Responsive Procurement”
New Project
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INTERVENTIONS
2019 Procurement Summit
25-26 March 2019
• A total of 347
participants
attended the 2019
Procurement
Summit
composed of the
following:
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Professionalization of Public Procurement Practitioners
(Certified Public Procurement Specialist Course)
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Professionalization of Public Procurement Practitioners
(Certified Public Procurement Specialist Course)
Summary:
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Customized Training Program on Project Costing &
Specifications Writing for Select Procuring Entities
DOTr (March), DOH (March), DSWD (April &
May), DND (April & May), DepEd (May), DA
(July), DBM and DICT (August), SSS (September)
New Project
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April, June & August 2019
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April - November 2019
Training Program on APCPI for Municipalities
In collaboration with DILG covering 347 municipalities
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Issuance of Blacklisting Orders
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Procurement Excellence Awards
Objective
aims to highlight best practices among PEs as well as to incentivize
good performance & compliance of the BACs with procurement rules
Status
BAC Review Panel is constituted;
Survey Questionnaires for management, end-users & bidders are
finalized;
38 out of 50 PEs were evaluated for shortlisting.
20 Shortlisted PEs were identified
New Project
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) GPPB-TSO – COA
• Revision of Government Procurement Manual to
include Life Cycle Cost Analysis and other tools for
better procurement planning
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President
During the 11 October 2019 Cabinet Meeting
The GPPB-TSO requested the Members of the Cabinet to implement
the following within their agencies:
Submit the APCPI to the GPPB-TSO on or before the 31st day of March of
the succeeding calendar year.