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Melissa A.

Santiago-Yan
Deputy Executive Director IV, GPPB-TSO

1
“In order to
prevent
corruption,
prevent
procurement.”

2
OUTLINE

I. General Overview of RA 9184 and its IRR


II. Definition of Terms
III.Procurement Organization
IV. Procurement Planning
a. Project Procurement Management Plan
b. Project Requirements
c. Approved Budget for the Contract
d. Procurement Milestones
e. Annual Procurement Plan
IV. Procurement Methods
3
PHILIPPINE PROCUREMENT PARADIGM

Assess • Review studies • Post/Advertise Procure


• Consolidate into APP opportunity
• Decide procurement • Open and evaluate
method bids
• Approve APP • Post-qualify
• Determine readiness • Award and enter into
contract

Identify • Cost-benefit analysis • Oversee Implement


• Feasibility study implementation
• Market study • Inspect and accept
• PPMP deliveries
• Release payment

Capacity Development Division 4


GOVERNING PRINCIPLES

Transparency Competition Streamlined System of Public


Process Accountability Monitoring
• Wider • Equal
disseminati opportunity • Uniformly • Answerable • Awareness
on of bid to all applicable and
opportuniti eligible to all Vigilance
es bidders government
agencies

• Effective
and efficient
method

5
KEY FEATURES OF GPRA
 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; no floor price
 Use of transparent, objective, and non-discretionary criteria
(pass/fail)
 Award is made to the LCRB/HRRB or SCRB/SRRB
 Post-qualification as against Pre-qualification
 No reference to brand names
 Standard Philippine Bidding Documents
 Increased transparency in the procurement process; participation of
observers; PhilGEPS Registration
 Contract Implementation and Termination Guidelines
 Professionalization of procurement officials
 Inclusion of Penal and Civil Liabilities
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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

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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 int’l/executive
agreement
 As may be agreed upon by the GOP and IFI in their
treaty or int’l/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

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

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SCOPE AND COVERAGE

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;

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;

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

Sec. 4.5, 2016 IRR of RA 9184

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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)

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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:
1. repair and maintenance of equipment and furniture
2. 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.

17
PROCUREMENT
ORGANIZATION

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PROCUREMENT ORGANIZATION

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

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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)

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 staff, 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)

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BAC SECRETARIAT

 HOPE may create a new office or designate an existing


organic office to act as BAC Secretariat

In case of ad hoc BAC Secretariat, the HOPE shall assign


full-time support staff in its BAC Secretariat (Sec. 14.2)

 There is no minimum or maximum number of


members of the BAC Secretariat.

 Head of the BAC Secretariat must be at least a 5th or 3rd


ranking permanent employee or, if not available, a
permanent official of the next lower rank

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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
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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)

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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

During the 1) eligibility checking, 2) shortlisting, 3) pre-


bid conference, 4) preliminary examination of bids, 5) bid
evaluation, and 6) post-qualification, the BAC must
invite, in writing, at least three (3) Observers, at least 3 cd
5cd before the date of the procurement stage/activity

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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.
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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
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PROCUREMENT PLANNING

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PLANNING

PLANNING

 refers to predetermined
course/s of action to achieve
a desired end/goal.

Capacity Development Division 42


PROCUREMENT PLANNING

PROCUREMENT PLANNING

 “Process of identifying
which project needs can be
best met by procuring
products and services
outside the project
organization and should be
accomplished during the
project planning effort”

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WHY PROCUREMENT PLANNING
 Procurement Planning ensures that the overall goal of a
particular project will be effectively and efficiently
achieved.

 Precludes occasions for unnecessary government


purchases and circumventions of the prescribed
procurement procedures

− advance deliveries
− suki system
− unwarranted resort to alternative methods
procurement

 However, it must be done within budgetary context

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SECTION 7.1 OF IRR
Procurement Planning and Budgeting Linkage

 Within approved budget of procuring entity


 Judiciously done
 Consistent with government fiscal measures
 Considered crucial to the efficient discharge of
governmental functions
o Required for the day-to-day operations
o In pursuit of the principal mandate of the procuring
entity concerned
 The APP shall include provisions for foreseeable
emergencies based on historical records.
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SECTION 7.2 OF IRR

 No procurement unless in accordance with the Annual


Procurement Plan (APP)

 Approval of the APP by the Head of Procuring Entity


(HoPE) or designated second-ranking official is
mandatory

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ACTORS IN PROCUREMENT
PLANNING

TECHNICAL
END USER WORKING GROUP
BUDGET
OFFICE

BIDS AND AWARDS


APPROVING
COMMITTEE (BAC) &
AUTHORITY/HoPE 47
BAC SECRETARIAT
POSSIBLE CONSEQUENCES OF POOR
PLANNING

1. Possible COA AOMs/Disallowances

2. Wastage of Government Funds

3. Suspension of Officials

4. Possible administrative/criminal liabilities

5. Project Delays

6. Project Failures

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PROJECT PROCUREMENT
MANAGEMENT PLAN

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PROJECT PROCUREMENT MANAGEMENT
PLAN (PPMP)
 A guide document in the procurement
and contract implementation process, as
well as a vital reference in procurement
monitoring.
 Tool allowing the PE the flexibility to
optimize the utilization of scarce
resources.

 Minimize the practice of doing short-cuts


 Each end-user unit shall prepare the PPMP during the budget
preparation to support the cost estimates in the budget proposal.
 The end-user or implementing units shall be responsible for the
preparation of all documents necessary for the procurement
activity, including but shall not be limited to, the technical
specifications, scope of work, or terms of reference
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PREPARATION OF PPMP

During Budget Preparation/Budget Call

Submit Indicative
APP and budget
Consolidation of
proposal to
PPMPs to
HOPE/oversight
Indicative APP by
body for approval
Submit to BAC Sec and
Budget recommendation
Office for by BAC of
evaluation modality
Prepare
Project
Procurement
Management
Plan (PPMP)
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PPMP SAMPLE FORMAT

Downloadable at http://www.gppb.gov.ph/downloadables/SampleForms.html

52
PROJECT PROCUREMENT
MANAGEMENT PLAN (PPMP)

Contracting
Arrangement

Estimated Type and


budget Objective

PPMP
Time
Extent/size
schedule

Procurement
Methods

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IDENTIFYING THE NEED

Suggested basis for identifying needs:

1. Core functions of the end-user unit in the


organization, i.e Accounting, Legal etc.
2. Historical data/Foreseen contingencies;
3. Identified purpose/goals/MFOs;
4. P.E’s Strategic Plans;
5. Current supply inventory;
6. Other maintenance and operating needs.

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DEVELOPING PROJECT
REQUIREMENTS

55
DEVELOPING PROJECT
Developing Project Requirements
REQUIREMENTS

Identify Identify the need


alternative of the PMO/End-
solutions/ user unit
products/
services

Compare the
alternatives Choose the Best
(consider Alternative - the
qualitative and one that is most
quantitative beneficial to the
factors) Procuring Entity

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TECHNICAL SPECIFICATIONS, SCOPE
OF WORK, AND TERMS OF REFERENCE

 Consult Stakeholders
 In developing the project requirements and
TS/SOW/TOR, the Procuring Entity may engage the
services of technical experts, whether in-house or
consultants, to ensure that the requirements and the
TS/SOW/TOR are adequate to achieve the objectives of
the particular procurement.

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TECHNICAL SPECIFICATIONS, SCOPE
OF WORK, AND TERMS OF REFERENCE

 Set CLEAR Specifications:


– Generic and flexible
– Clear and unambiguous
– Reminder on Reference to Brand Names (Section 18)
– Updated, where technology is taken into account
– Fits the actual requirements of the PMO/End-user

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HOW TO WRITE TECHNICAL
SPECIFICATIONS?

FUNCTIONAL DESCRIPTION
- description of the functions for which the Goods are
to be utilized

EXAMPLE:
The ballpen is expected to write 1.5
km of straight, continuous lines.

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HOW TO WRITE TECHNICAL
SPECIFICATIONS?

PERFORMANCE DESCRIPTION
- refers to the manner that the Goods are required to
perform the functions expected of them

EXAMPLE:
A ballpen that writes at 1.5 km
continuously and smoothly.

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HOW TO WRITE TECHNICAL
SPECIFICATIONS?

ENVIRONMENTAL INTERFACE
- refers to the environment in which the
required functions are performed at the
desired level

EXAMPLE:
The ballpen should write
continuously for 1.5km on a
notebook, but not necessarily on a
white board.

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HOW TO WRITE TECHNICAL
SPECIFICATIONS?
DESIGN
- refers to the technical design or drawing of the goods
being procured

EXAMPLE:
The ballpen should be
comfortable to use by left-
hand writers.

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APPROVED BUDGET FOR
THE CONTRACT

63
APPROVED BUDGET FOR THE
CONTRACT (ABC)
 The ABC reflected in the APP and PPMP shall be consistent
with the appropriations for the project authorized in the
GAA, continuing and automatic appropriations, the
corporate budget, and the Appropriations Ordinance, as
the case may be.
 For multi-year contracts, for which a Multi-Year Obligational
Authority (MYOA) or an equivalent document is required, the
ABC shall be that incorporated in the project cost reflected
in the MYOA or equivalent document
 For Foreign-funded Procurement, the ABC refers to the cost
estimate prepared by the PE and approved by the foreign
government/foreign or international financing institution as
specified in the Treaty or International or Executive Agreement

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APPROVED BUDGET FOR THE
CONTRACT (ABC)
 End user to conduct market study
 Market price, inflation and cost of money related to the
procurement time table must also be considered.
 In determining the ABC, the end-user unit, with the
assistance of the TWG (when necessary), must consider
the different cost components.

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PROCUREMENT
MILESTONES

66
PROCUREMENT MILESTONES

http://www.gppb.gov.ph/timelines/timelines.htm
67
PROCUREMENT MILESTONES

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PROCUREMENT MILESTONES

Factors to consider in identifying procurement timelines:


1. Budget rules, i.e. CSE – every quarter;
2. Nature of Procurement Projects, whether simple or
complex
3. For shopping/small value procurement, give at least
two weeks
4. Foreseen/Unforeseen Contingencies, i.e. frequent
change in specifications, etc.
5. Availability in the market.

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ANNUAL PROCUREMENT
PLAN

70
ANNUAL PROCUREMENT PLAN (APP)

 Legal Basis: Section 7 of the revised IRR of RA 9184


 Refers to the entirety of the procurement activities that
will be undertaken by the procuring Entity within the
calendar year using the prescribed format issued by the
GPPB.
 Shall be consolidated by the BAC Secretariat from the
PPMPs of end-user units. The BAC shall take into
consideration the following factors:
 One year planning perspective
 Emergency or Contingency Fund
 Schedule of Activities

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ANNUAL PROCUREMENT PLAN (APP)

 No procurement shall be undertaken unless in


accordance with the approved APP

 All procurement should be meticulously and judiciously


planned by procuring entity

 APP should be maintained and updated regularly

72
ANNUAL PROCUREMENT PLAN (APP)

 In the consolidation of PPMPs, the BAC may adopt a


strategy through where similar items of procurement are
packaged into one procurement undertaking.

 A review and updating of the individual PPMPs and the


APP shall be done regularly, at least once every 6 months
or as often as necessary.
 The end-user or implementing units shall be
responsible for the changes to the PPMPs, while the
BAC Secretariat shall be responsible for the
consolidation of these PPMPs into an APP

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1 2 3 4 6 8
5 7

Per GPPB Circular 07-2015


• Column 1 - Code (UACS/PAP)
• Column 2 - Procurement Program/Project
• Column 3 – PMO/End-user
• Column 4 – Mode of Procurement
• Column 5 – Schedule of Each Stage of the Procurement Activity
• Column 6 - Source of Funds
• Column 7 - Estimated Budget
• Column 8 - Remarks (Brief Description of the P/A/P)
Downloadable at http://www.gppb.gov.ph/downloadables/SampleForms.html
74
PREPARATION OF APP
GAA, Corporate Budget or Appropriation Ordinance Becomes Final

Approval of
APP by HOPE/
Consolidation of oversight body
PPMPs to APP by
Finalize BAC Sec and
Project recommendation
Procurement by BAC of
Management modality
Provide Plans
comments on (PPMPs)
Indicative
PPMPs to
end-users

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REVISIONS ON APP

End-User Update/
Supplement
PPMP

Consolidate
BAC & PPMP/s to
Updated/
BAC Secretariat
Supplemental
APP
Approve
Updated
HOPE /Supplemental
APP

76
APP-CSE

77
PROCUREMENT METHODS

78
METHOD OF PROCUREMENT

 As a general rule, all procurement


should be through Public Bidding

 The selection of the method of


procurement is dependent on the
presence or absence of specific
conditions of other methods of
procurement in Sections 48 to 54 of
the revised IRR

79
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

80
PROCUREMENT METHODS

81
BIDDING PROCESS FOR
GOODS & SERVICES

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82
5 RIGHTS IN PUBLIC PROCUREMENT

Source
Value for Money

Time/
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Delivery

Procurement

Price Quality

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In order to
prevent
corruption,
do good
procurement.

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THANK YOU!!

Contact us at:

Unit 2506 Raffles Corporate Center


F. Ortigas Road, Ortigas Center
Pasig City, Philippines 1605

TeleFax: (632)900-6741 to 44
Email Address: gppb@gppb.gov.ph

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