Topic 2
Topic 2
Topic 2
SPECIALIST COURSE
(INTERMEDIATE LEVEL)
S U M M A RY O F TO P I C S
Justified by conditions
In highly To promote economy specified in the
exceptional cases and efficiency IRR of RA No. 9184
PROCUREMENT STANDARD
Mode of
Procurement
SCOPE AND COVERAGE
The guidelines on the alternative methods of
procurement shall apply to all types of PEs
Selected Limited Source Bidding (Sec. 49); Defense Cooperation Agreement (Sec.
alternative 53.8); NGO Participation (Sec. 53.11); Community Participation (Sec.
modalities 53.12); and UN Agencies (Sec. 53.13)
GENERAL GUIDELINES
Executive
PEs may resort to
Order No. 34
(17 July 2017)
alternative methods of procurement for:
Applicability to
Alternative Method of
Infrastructure
Procurement
Projects
Limited Source Bidding X
Direct Contracting X
Repeat Order X
Shopping X
Negotiated Procurement ✓
ALTERNATIVE METHODS OF PROCUREMENT
Modality of Negotiated Procurement
Applicable to Infrastructure Projects Not Applicable
Two Failed Biddings Highly Technical Consultant
Emergency Cases Defense Cooperation
Take-Over of Contracts Agreement
Adjacent or Contiguous Lease of Real Property and
Agency-to-Agency Venue
Scientific, Scholarly or Artistic Work…
Small Value Procurement
NGO Participation
Community Participation
UN Agencies, IOs or IFIs
[Sec 48, Revised IRR of RA 9184]
NEGOTIATED PROCUREMENT
Background Conditions
Negotiations
Award of Contract
PROCEDURES
2. The BAC, through the Secretariat, posts for information purposes the
procurement opportunity (Request for Submission of Price
Quotations/Invitation to Bid), continuously for a period of three (3)
calendar days from the date of posting, in:
a. The PhilGEPS website;
b. The website of the Procuring Entity, if any; and
c. Any conspicuous place in the premises of the Procuring Entity.
• Under the 2016 Revised IRR of RA 9184, PEs, in the interest of promoting
economy and efficiency, are now given the discretion to determine which
requirements must be submitted by bidders when resorting to Negotiated
Procurement (Two-Failed Biddings). This gives PEs the authority to choose the
eligibility documents necessary for the project.
Emergency Cases
Goods Infrastructure Consulting
Projects Services
Conditions
HoPE shall confirm in writing the existence and veracity of the ground/s relied upon before
approving the contract.
PE should consider appropriate timing or the proximity of time between the actual procurement
activity to be conducted and the emergency sought to be addressed.
When the reason or cause for the emergency has already been abated, adoption of competitive
bidding shall be considered.
When the ground is based on imminent danger to life during a state of calamity, there must be a
declaration by a competent authority of a state of calamity before any procurement activity may be
undertaken.
NEGOTIATED PROCUREMENT
Applicability
Emergency Cases
Goods Infrastructure Consulting
Projects Services
Procedural Guidelines
Nava v. Palattao
G.R. No. 16021, August 28, 2006
Facts:
32
ILLUSTRATIVE CASES
Nava v. Palattao
G.R. No. 16021, August 28, 2006
Issue:
Is Nava guilty of violation of the Anti-Graft and Corrupt Practices Act
particularly Section 3(g) thereof, or entering on behalf of government in
any contract or transaction manifestly and grossly disadvantageous to
the same whether or not the pubic officer profited or will profit thereby.
Ruling:
Issue:
Whether or not NCMH is justified in resorting to Negotiated
Procurement.
ILLUSTRATIVE CASES
National Center for Mental Health v. COA
265 SCRA 390, December 6, 1996
Ruling:
Applicability
Take-Over of
Contracts
Goods Infrastructure Consulting
Projects Services
Conditions
Applicability
Take-Over of
Contracts Goods Infrastructure Consulting
Projects Services
The BAC shall post-qualify and • Invite a short list of at least three (3)
negotiate starting with the 2nd suppliers, contractors or consultants
LCB or HRB at the said bidder’s to submit bids and negotiate starting
original bid price, then on to the with the LCB or HRB; or
next if negotiation fails. • Resort to any other appropriate
alternative method of procurement.
PROCEDURES
Termination Award of
Negotiations
of Contract Contract
Applicability
Conditions
Original contract is a result of competitive
bidding;
Infrastructure
Projects
Subject contract has similar or related scopes
🔨 of work;
Adjacent or In determining the SLCC, NFCC & PCAB license, the sum of the
Contiguous value of remaining works for the existing contract and the ABC of
contiguous or adjacent work shall be considered;
Applicability Same prices or lower unit prices as the original contract less
mobilization cost,
WHAT IS “AGENCY-TO-AGENCY”
PROCUREMENT?
The agency which delivers the goods or provides
the services
[Sec 53.5 of the IRR of RA 9184]
NEGOTIATED PROCUREMENT
Background
Goods
Conditions
The End-User
The End-User shall secure a The HoPE
shall justify to certificate The BAC shall shall enter into
the BAC that from the issue a a MOA with
the resort to relevant Resolution the Servicing
A-to-A is more officer of the recommending Agency upon
efficient and Servicing the use of A- approval of
economical to Agency that to-A to the the BAC
the the latter HoPE. recommendati
government. complies with on
the conditions.
NEGOTIATED PROCUREMENT -
AGENCY – TO – AGENCY
Important Reminders
Justification
51
NEGOTIATED PROCUREMENT:
SCIENTIFIC, SCHOLARLY OR ARTISTIC
WORK, EXCLUSIVE TECHNOLOGY &
MEDIA SERVICES
Procedural Guidelines
56
CONDITIONS
57
PROCEDURES
Market Award of
Negotiations
Study Contract
65
NEGOTIATED PROCUREMENT:
NON-GOVERNMENTAL
ORGANIZATION (NGO)
PARTICIPATION IN PUBLIC
PROCUREMENT
NGO Participation
Goods Infrastructure Consulting
Projects Services
Conditions
Appropriation law or ordinance earmarks an amount to be contracted
to NGOs
PE may opt to conducting public bidding or enter into a MOA with an
NGO
Goods References
Community Participation in Procurement Manual
Supplemental Guidelines for Community
Infrastructure Participation in Procurement Method for Foreign
Projects Assisted Projects
Supplemental Guidelines for Community-
Managed Procurement in Locally-Funded Projects
NEGOTIATED PROCUREMENT:
Community Participation
Opening &
Preparation of RFQ Posting Award of Contract
Evaluation
PE shall prepare RFQ to reflect brief description of the project,
1 specifications or scope of work, ABC & other necessary
information
BAC, through its Secretariat, shall post the RFQ in the website of
the PE (if any), the premises of the PE, & in at least 3 conspicuous
2
places where the project will be implemented for a period of at
least 3 calendar days
Should less than 3 quotations is obtained, the BAC shall continue
3 the procurement process. The opening of sealed quotations shall
use a non-discretionary pass or fail criterion
In case of approval, the HOPE shall issue the notice of award within
4
a period not exceeding 15 calendar days
CONDITIONS
5. LGUs 2,500,000
• 1st-3rd Class Provinces
• 1st-2nd Class Cities
• Highly Urbanized Cities
75
NEGOTIATED PROCUREMENT:
UNITED NATION AGENCIES,
INTERNATIONAL ORGANIZATIONS
OR INTERNATIONAL FINANCING
INSTITUTIONS
[Section 53.13 of the 2016 Revised IRR of RA 9184]
NEGOTIATED PROCUREMENT
Applicability
United Nations Agencies,
International
Organizations or Infrastructure Consulting
Goods
International Financing Projects Services
Institutions
Conditions
79
CASE STUDY
Facts:
80
CASE STUDY
Questions:
81
CASE STUDY
Questions:
82
GENERAL GUIDELINES &
OTHER TERMS & CONDITIONS
- (NPM 020-2019)
GENERAL GUIDELINES
Small Value
Limited Source Shopping Two-Failed NGO
[Sec 52.1(b), above Procurement
Bidding PhP50,000.00] Biddings Participation [above PhP50,000.00]
GENERAL GUIDELINES
PhilGEPS Registration
Bidders are mandated to register with PhilGEPS, and provide PhilGEPS
Registration Number as a condition for award on the following modalities:
👨👩
Lease of Real Scientific, Scholarly or Artistic Highly
Property Work, Exclusive Technology Technical
&Venue and Media Services Consultants
GENERAL GUIDELINES
Reference to Brand Names
Reference to brand names shall not be allowed except for items or
parts that are compatible with the existing fleet or equipment of the
same make and brand and will maintain the performance, functionality
and useful life of the equipment.
This rule shall also apply to the goods component of infrastructure
projects and consulting services.
Delegation of Authority
The conduct of the following may be delegated to End-user unit or any
other appropriate bureau, committee, or support unit duly authorized
by the BAC through a Resolution approved by the HoPE:
In all procurement activities, PEs shall ensure to get the most advantageous
price for the government
PEs shall ensure that the objectives & purpose of the contract do not
constitute unnecessary, excessive, extravagant or unconscionable
expenditure
Invitation of Observers
👨👩Observers shall be invited at least five (5) cd before the date of the
negotiation and the absence of Observers will not nullify the BAC
proceedings, provided that they have been duly invited in writing.
Guidelines, Terms & Conditions
Award of Contract
1. Except in Negotiated Procurement through
Emergency Cases, Agency-to-Agency and Small
Value Procurement, the BAC shall recommend to
the HOPE the award of contract. Within a period not
exceeding fifteen (15) calendar days from receipt, the
HOPE shall approve or disapprove the BAC’s
recommendation. In case of approval, the HOPE shall
immediately issue the NOA to the Contractor.
In the event the HOPE shall disapprove the
recommendation, such disapproval shall be based
only on valid, reasonable, and justifiable grounds to
be expressed in writing, addressed to the BAC.
[Annex “H” (IV)(L) IRR of RA 9184]
90
Guidelines, Terms & Conditions
Award of Contract
Award of Contract
Award of Contract
Direct No Yes
Contracting
No Yes
Repeat Order
Yes
Yes (in no case shall WS be required
Two-Failed for Consulting Services)
Biddings
PERFORMANCE AND
WARRANTY SECURITIES
Alternative Method of
Performance Security Warranty Security
Procurement
TeleFax: (632)7900-6741 to 44
Email address: training@gppb.gov.ph