Professional Documents
Culture Documents
Page 2 of 224
Page 3 of 224
September 2007
Page 4 of 224
Legal Reference...................................................................................................75
1. Conditions for Use of Alternative Methods of Procurement.....................................75
2. THE DIFFERENT ALTERNATIVE METHODS.................................................................................75
Ordering Agreement............................................................................................77
LEGAL REFERENCE............................................................................................................77
IMPLEMENTATION OF A.F.P. INFRASTRUCTURE PROJECTS BY ADMINISTRATION...78
PROCUREMENT BY ELECTRONIC MEANS AND THE G-EPS ..................................................................82
Procurement by Electronic Means and the G-EPS......................................................84
Legal Reference...................................................................................................84
1. The G-EPS......................................................................................................84
2. FEATURES OF THE G-EPS.............................................................................................84
Use of Procurement Service Providers.....................................................................87
Legal Reference...................................................................................................87
MINIMUM REQUIREMENTS FOR SERVICE PROVIDERS............................................87
OTHER SPECIALIZED TYPES OF PROCUREMENT................................................................................88
Procurement Sourcing..........................................................................................90
Legal Reference...................................................................................................90
1. Procurement of Foreign and Domestic Goods.......................................................90
2. BIDDING OF PROVINCIAL PROJECTS..................................................................91
CASE STUDIES...............................................................................................................94
Case Study: Procurement of Infrastructure Projects..................................................96
ANALYSIS:...................................................................................................................96
Case Study: Procurement of Consulting Services......................................................98
ANALYSIS:.............................................................................................................99
ACRONYMS.................................................................................................................102
ACRONYMS..........................................................................................................104
GLOSSARY..................................................................................................................108
GLOSSARY..................................................................................................................110
SUPPLY PROCESS THRU THE AFPBAC, AFPPS AND ICP................................................................120
PREPARATION/APPROVAL OF APP/PPMP..................................................................................124
AMENDMENT OF APP.......................................................................................................128
PROCUREMENT CENTERS/CONTRACTING OFFICES...........................................................................132
REPORTING AND MONITORING OF PROCUREMENT ...........................................................................136
PROCUREMENT THRU SHOPPING MODE......................................................................................140
PROCUREMENT THRU PUBLIC BIDDING BELOW P50M......................................................................144
PROCUREMENT THRU LIMITED SOURCE WITH AN AMOUNT BELOW P50M....................................................148
PROCUREMENT THRU DIRECT CONTRACTING BELOW P50M.................................................................152
PROCUREMENT THRU REPEAT ORDER WITH AN AMOUNT BELOW P50M.....................................................156
NEGOTIATED PROCUREMENT BELOW P50M.................................................................................160
PROCUREMENT WITH AN AMOUNT OF P50M AND ABOVE..................................................................166
PROCUREMENT THRU PS DBM............................................................................................170
EXECUTIVE ORDER NO. 235..............................................................................................174
DEPARTMENT ORDER NO. 165............................................................................................176
DEPARTMENT ORDER NO. 12..............................................................................................181
GPPB RESOLUTION NO. 18-2006......................................................................................191
GPPB RESOLUTION NO. 20-2006......................................................................................205
GPPB RESOLUTION NO. 21-2005......................................................................................209
Page 5 of 224
SECTION 1
Introduction
September 2007
Uphold the sovereignty and territorial integrity of the Republic and secure the national
territory from all forms of intrusion and encroachment
2.
Organize, develop, maintain and deploy its regular and citizen reserve forces for national
security.
3.
Assist civilian agencies in the preservation of the national patrimony and other natural
resources located within its territory and Exclusive Economic Zone (EEZ).
4.
Protect the people not only from armed threats but from life threatening and destructive
consequences of natural and man-made disasters and calamities, and from all forms of
ecological damage.
5.
Assist other agencies in the enforcement of domestic and foreign policies as well as
international covenants against piracy, white slavery, smuggling, drug trafficking,
hijacking of aircraft and the transport of toxic and ecologically harmful substances in or
through Philippine territory.
6.
Assist the Philippine National Police in law enforcement and internal security operations.
7.
8.
Based on this statement of its functions, it is evident that the AFP actually performs both a
primary military role as the States war-fighting instrument, and a secondary non-military role of
supporting national development.
The table of organization of the AFP is shown as Annex 1.
Definition of Logistics
In order for the AFP to accomplish its mandated mission and effectively fulfill its dual role as
military instrument of the State and support agency for national development, a sound logistics
support system is crucial to its operations.
Fundamentally, military logistics operation is concerned with the total sustainment of troops,
whether in times of war, conflict or peacetime. Taken operationally, it is the process of planning
and executing the supply, movement and maintenance of military forces. It includes design,
development, acquisition, storage, movement, equipage, distribution and disposal- (Logistics
Glossary, AFP, 1998).
Supply
2.
Maintenance
3.
Transportation
4.
Facilities
5.
Services
Requirement determination This is concerned with determining the type and level of
support requirements that the logistics system must provide in terms of manpower,
materiel, facilities, and logistics services. The determination of manpower requirements
takes into consideration the number of troops that have to be supplied or supported, and
consequently the number and skill level of logistics personnel needed to efficiently run
the logistics system.
2.
Procurement In the context of this Manual, this shall be defined as provided for in
Section 5(n) of RA 9184 which states Procurement refers to the acquisition of Goods,
Consulting Services, and the contracting for Infrastructure Projects by the Procuring
Entity. Procurement shall also include the lease of goods and real estate.
3.
Distribution The main purpose of the distribution system is to move supplies from the
source to the end-user. The considerations of responsiveness, flexibility, economy and
optimal use of manpower/physical resources are of concern here.
4.
Maintenance This is a supply activity which requires that materiel on inventory and the
facilities/equipment for their testing, storage, handling and distribution are kept in
serviceable condition.
5.
6.
Disposal This refers to the sale or destruction of assets (including inventory) and
property which are unserviceable and/or no longer needed in AFP operations. The
Commission on Audit (COA) prescribes rules for the disposal of property.
Services provide combat service support to organization units. This includes food service,
commissaries, health services and graves registration. These services may be described as
personnel-oriented services.
AFP Doctrine and Logistics Strategy
As both a military instrument of the State and a support agency for national development,
operations within the AFP organization are shaped by the nature of war as recognized in its
Doctrine, as well as the laws, rules and regulations applicable to national agencies of
Government.
The following aspects of war and armed conflict influence the logistics Strategy of the AFP:
1.
Uncertainty Uncertainty stems from the fact that in every staged military operation,
there are unknown fields of operational environments and circumstances which might
not be recognized at the outset. During the planning stage, logisticians usually consider
a low uncertainty level in terms of logistics capability. But as a military campaign
advances and situations become variable, the manning and equipping of forces become
difficult to manage. The desire for absolute certainty, limited time in which to respond
are conflicting concerns which may only be resolved by accepting and dealing with
varying degrees of certainty. By employing thorough intelligence work, an integrated
planning process and synchronization of priorities at all levels, uncertainty may be
reduced to manageable levels.
2.
Time Time is an extremely essential but scarce commodity in war fighting, At all times,
AFP logistics should employ measures in order to effectively plan, decide, execute, and
assess operations in a rapid and flexible process. Within the AFP system of command,
these capabilities are effectively employed through the use of an effective information
and communication flow. A Logistics Management Information System (LMIS) has been
established to maximize time and enhance the efficiency of the AFP logistics system.
3.
Tempo An effective military campaign takes tempo as one of its most important
considerations in war fighting. Tempo is the capacity of the logistics system to maintain
a constant, uninterrupted operational rhythm, leaving the enemy with no time to reflect,
reorganize and react. To ensure that operational rhythm is maintained, logisticians must
anticipate when and where support must occur, taking into consideration some other
aspects of battlefield activities.
Responsiveness This is the main goal of AFP logistics. It is the ability of the system to
provide adequate supply support at the right time and place in order that a staged
operation is effectively carried out and sustained. This capacity normally measures how
well a logistics system is being implemented and executed.
2.
3.
4.
Economy It is a given fact that a substantial amount of natural resource is poured into
every military campaign. An efficient logistics system thus seeks to deliver requirements
ay the most strategic time and place at the least possible cost.
5.
Attainability This is the ability of the organization to supply and equip its forces with
essential war fighting requirements all throughout the duration of a military operation.
This can be achieved through effective short term and long term planning. The
capability of a commander to forecast and anticipate the needed resources from the time
a campaign is staged and all throughout the entire operation defines the attainability of
military success.
6.
Survivability All military campaigns bring with it the inherent risk of damaging military
resources. Bases and installations are likely targets of attacks from the enemy, thus the
AFP employs effective measures to protect its own force and war fighting resources. The
allocation of reserves and alternate sources in times of crisis and emergency ensures the
survivability of the institution.
The capability of the national defense system (of which the AFP is a part) to perform its
multifarious functions in whichever security condition, may be effectively attained through sound
logistics. Concomitant with the national defense objectives and in line with current AFP Doctrine
and the principles of logistics, AFP Logistics adopts a strategy by which to guide its operations.
Recognizing the crucial role played by logistics in the discharge of military duties, AFP Logistics
operates with the purpose to:
1.
2.
3.
4.
5.
6.
Transparency
2.
Competitiveness
3.
4.
Accountability
5.
Public Monitoring
It is evident that procurement in the AFP is an activity subsumed in the broader support
functions of supply and logistics. The development of this customized manual has therefore
aimed to ensure that the processes and procedures for procurement described herein are
consistently linked and harmonized with the larger Supply and Logistics System of the AFP, while
complying with the laws, rules and regulations on government procurement as enunciated by RA
9184, its IRR-A, and the issuances of the Government Procurement Policy Board (GPPB).
Present Doctrine enunciates that the secondary role of the AFP as support agency for national
development should not compromise or detract from its capability to fulfill its primary war
fighting role. This is a statement of priorities that can also mean that certain administrative
procedures or modes of operation adopted by the AFP as a national government agency in
peacetime may cease to apply in the event of war and large scale conflicts. In anticipation of
such concerns, R.A. 9184 and its IRR-A under Sec. 53, provide for procurement methods
applicable in cases of emergency. Sections 63 and 74 likewise provide the mechanisms for a
regular review of effectiveness and the amendment of rules and regulations on procurement.
The issuance of GPPB Resolution No. 06-2005 April 1, 2005, approving the use of an Ordering
Agreement is a result of such concerns for responsiveness in the public procurement system. All
of the foregoing notwithstanding, there should be no inconsistency in the fact that the discipline
and efficiencies in procurement/logistics acquired by the AFP in peacetime, can likewise make it
a more effective military instrument during conflict and war.
Philippine Defense Reform (PDR) and Procurement Reform in the AFP
In an effort to address prevailing security challenges that have hindered lasting national
economic growth and development, the DND and the AFP are currently focused on four policy
thrusts to:
Implement the Philippine Defense Reform (PDR);
Upgrade the capability of the AFP;
Support the peace process; and
Enhance the capacity to fight terrorism.
The PDR which was the result of the Joint Defense Assessment (JDA), a series of
assessments of the AFP's capability that started in 1999 and was completed in 2003, is
composed of 10 interrelated programs that form its core, namely:
As a broad reform agenda, PDR will set in place long-term reforms in the defense establishment
while addressing short-term issues and concerns. It aims to address systemic deficiencies and
their root causes in areas such as strategic/policy planning, budgeting, resource management
and supply chain management.
(Source: DND and AFP: Transforming While Performing, AFP Official Website)
The development of this Procurement Manual for the AFP in accordance with the policies,
provisions, rules and regulations of the Government Procurement Reform Act or R.A. 9184, is an
important component of the program of the DND-AFP to establish a professional and centrally
managed defense acquisition system as advanced under the PDR.
Legal Reference
This manual shall serve as a guide for personnel, officers and units of the AFP involved in the
procurement of goods, infrastructure and consulting services. It has been developed and
prepared in line with the policies, guidelines, and procedures prescribed by the Generic
Procurement Manuals (GPM) developed by the Government Procurement Policy Board (GPPB) in
compliance with Section 6 of R.A. 9184 or the Government Procurement Reform Act.
The following laws, rules and regulations serve as references for the AFP Procurement Manual:
1.
2.
3.
4.
5.
DND Department Order 115 (NOTE: Sec. 9.5 recommending acceptability of shopping
after the fact, is contrary to RA 9184 which requires prior approval)
6.
7.
The Deputy Chief of Staff for Logistics will review this Manual periodically, and whenever
necessary, ensure its applicability to existing conditions. Procuring entities and units, including
end-users within the AFP, may submit to the GPPB thru the Deputy Chief of Staff for Logistics,
its recommendations for specific revisions to the Manual. Any such revisions must be approved
by the GPPB and must be consistent with existing procurement laws, rules, regulations, and
policies.
Legal Reference
Sections 1, 4, and 5 of the IRR-A of RA 9184 provide the legal reference for the coverage, scope
and application of the Procurement Manual.
Coverage
This Manual shall be used for the operational planning, implementation and monitoring of the
procurement of goods, infrastructure projects and consulting services by the Armed Forces of
the Philippines (AFP) and all Offices/Units under it.
Scope
The organization, policies and procedures for procurement as provided for in this manual are
aligned with those prescribed in R.A. 9184, its IRR-A and the Generic Procurement Manuals
(GPM) issued by the Government Procurement Policy Board (GPPB) for mandatory use by all
Procuring Entities of the Government. The planning, implementation and monitoring of
procurement by the AFP Bids and Awards Committee and the AFP Procurement Service (AFPPS)
are harmonized with the AFP supply and logistics system to ensure prompt, efficient and
effective delivery of quality goods, services, and infrastructure projects.
The modes of procurement under RA 9184 and its IRR-A, particularly on Public Bidding, Limited
Source Bidding, Direct Contracting, Repeat Order, Negotiated Procurement, and Shopping are
covered by the manual. The procurement guidelines provided by the following GPPB Resolutions
shall likewise be incorporated in the manual:
1.
2.
3.
The Manual shall apply to the procurement of goods, infrastructure projects and consultancy
services in the AFP locally funded under the General Appropriations Acts, and the AFP
Modernization Act Trust Fund.
Application
The procurement of the following must follow the procedures provided in this Manual:
1.
2.
3.
Consulting Services.
This procurement manual for the AFP shall be used in conjunction with the Generic Procurement
Manuals issued by the GPPB for mandatory use by all Procuring Entities of the government,
pursuant to Sec. 6 of RA 9184. In case of conflicting provisions, the GPM, the IRR-A of RA 9184
and the various issuances of the GPPB shall prevail.
Since procurement is an activity subsumed by the broader functions of Supply and Logistics
within the AFP, manuals of procedures for these functions should be harmoniously linked and
synchronized with the AFP Procurement Manual and the Generic Procurement Manual of the
GPPB.
This Manual shall be used together with the Philippine Bidding Documents prescribed by the
GPPB.
Transparency
The procurement process and the implementation of procurement contracts must be
transparent. The AFP must ensure the widest dissemination of bid opportunities and the
participation of pertinent non-government organizations. Towards this end, posting in the AFPs
website and in the Government Electronic Procurement System (G-EPS) website shall be done
for all procurement, and Observers coming from eligible and qualified professionals associations
(PAs) and non-government organizations (NGOs) will be invited to observe any or all stages of
the procurement process.
In addition, each procurement transaction must be properly
documented and such records must be maintained and made available to proper parties.
Competitiveness
Procurement by the AFP must be competitive and, as a rule, be conducted through public
bidding, except as otherwise provided for under the GPRA, its IRR-A and this Manual. A
competitive bidding process treats bidders equitably and provides fair grounds for competition
among themselves, thereby ensuring that no single bidder significantly influences the outcome
of the bidding. Competition among proponents will urge them to offer lower prices and more
beneficial terms to the government. Hence, the alternative methods of procurement must only
be resorted to when competitive bidding is not a feasible option, in accordance with the
conditions laid down in RA 9184, its IRR-A and this Manual.
Accountability
A system of accountability must be established within the AFP. Thus, both the AFP officials
directly or indirectly involved in the procurement process as well as in the implementation of
procurement contracts, and the private parties that deal with government are, when warranted
by circumstances, investigated and held liable for their actions relative thereto. In relation to
this, the Chief of Staff of the Armed Forces of the Philippines (CSAFP) shall be responsible for
establishing and maintaining a transparent, effective, and efficient procurement system within
the Armed Forces. The responsibilities of each AFP official involved in the procurement process
must be clear and legally identifiable.
Public Monitoring
Public monitoring of the procurement process and the implementation of awarded contracts are
provided for in RA 9184, with the end in view of guaranteeing that these contracts are awarded
pursuant to the provisions of the RA 9184 and its Implementing Rules and Regulations Part A
(IRR-A), and that all these contracts are performed strictly according to specifications. A system
of reporting to the GPPB is provided for, while eligible and qualified Civil Society Organizations
(CSOs) such as - NGOs, PAs, academic institutions, and religious groups are allowed to observe
and monitor the procurement process and contract implementation.
To fully abide by these principles, procuring entities shall consistently follow the procedures
prescribed in this Manual.
SECTION 2
Page 19 of 224
Department Order No. 12, dated April 5, 2006, creating additional bids and awards
committees and the Procurement Service in the AFP. Refer to Annex 12.
b.
Sec. 1 of Executive Order No. 235 grants the CSAFP full authority to sign contracts
of the AFP involving an amount below P50 Million.
c.
Department Order No. 53, dated March 31, 2005, delegates the authority to approve
the Annual Procurement Plan (APP) of the bureaus/agencies/offices under the DND,
to the Undersecretary for Operations and the Undersecretary for Finance.
d.
Department Order No. 165, dated September 10, 2003 grants the authority to
Officials
of
the
AFP
to
approve
Purchase
Orders/Job
Orders/Work
Orders/Requisitions/Contracts for the procurement of services, supplies, materials
and equipment, as an amendment to D.O. 47. Refer to Annex 2.
On the basis of EO 235 and DO 12, the following officials shall have the authority to sign
and approve Purchase/Job/Work Orders and contracts for the procurement of goods,
services and infrastructure projects with corresponding amounts as indicated:
Chief of Staff, AFP
- up to P50,000,000.00
Vice-Chief of Staff/Major
Service Commanders
- up to P25,000,000.00
CO, Procurement
Centers/Chief, Contracting
Offices of the AFPPS
- up to P1,000,000.00
September 2007
2.
(AFPBAC)
Executive Order No. 235, dated September 8, 2003, established a single Bids and Awards
Committee (BAC) in the General Headquarters (GHQ) of the AFP and granted the CSAFP
full authority to sign and approve contracts involving an amount below P50 Million. This,
in effect, established the AFP as a Procuring Entity for procurement involving an amount of
below P50 Million. Department Order No. 12, dated April 5, 2006, renamed the AFPBAC
created under EO 235 as GHQ BAC1.
As provided for in Volume 1 of the Generic Procurement Manual (GPM), Procurement
Organization:
The Head of the Procuring Entity/SND must create a single BAC in the Head Office of the
Procuring Entity. However, the SND upon recommendation of the CSAFP may create
separate BACs in the AFP under any of the following conditions:
a.
b.
if the single AFP BAC cannot manage the procurement transactions as shown by
delays beyond the allowable limits, , even after undergoing jury duty,.
b.
nature of procurement.
Thus, the AFP may have separate BACs in its Major Services (PA, PAF, PN) or other
decentralized offices/units (when warranted according to the above conditions), and/or
separate BACs in the Head Office to handle procurement of ordnance (firepower, mobility,
communications), supplies for troops and organizational support, base development and
facilities maintenance/other infrastructure, and other specialized procurement.
However, the Head of the Procuring Entity must limit the creation of separate BACs in
order to facilitate professionalization and harmonization of procedures and standards. If
the reason for creating a separate BAC is due to complexity of the procurement, it may be
unnecessary, considering that the rule that requires the designation of provisional
members (technical and end-user unit representative) is already responsive to the
requirement of having a separate BAC for procurements that are complex in nat ure.
3. AFPBAC Members
The CSAFP shall designate the Members of the Bids and Awards Committee (BAC)
including the Chairman and the Vice-Chairman in accordance with the following rules:
a. AFP BAC (GHQ BAC1):
i.
The AFPBAC must consist of at least five (5) members but not more than
seven (7) members. Of the five (5) members, three (3) must be regular
members, and two (2) must be provisional members. Should the CSAFP/Head
of the Procuring Entity desire to create a seven (7)-member BAC, he/she may
designate two (2) additional regular members, or two (2) additional provisional
members, or one (1) additional regular and provisional member each.
September 2007
iii. The CSAFP must designate the AFPBAC Chairman, and may likewise
designate the Vice-Chairman from the remaining regular members.
In designating the provisional members, the Head of the Procuring Entity shall
consider the types of procurement normally undertaken by them, and identify the
relevant technical experts. For example, in procuring janitorial services, the
technical member should be an officer of the Building Maintenance Unit.
Provisional members will only participate in the deliberations of the BAC for
procurements over which they have a direct official interest. For example, in the
procurement of computers, the technical member for Information and
Communications Technology (ICT) will participate in BAC deliberations together
with the representative of the Project Management Office/end-user unit.
iv. The BAC members must be designated for a term of one (1) year only,
reckoned from the date of designation. However, the Head of the Procuring
Entity may renew such designation at his discretion.
It is noted that appointment to the BAC is in the nature of a designation, in
addition to the regular duties of the subject official, and is not an appointment
contemplated under the Civil Service rules.
September 2007
vi.
vii.
The SND as Head of the Procuring Entity may suspend or remove a member of
the BAC for justifiable causes, including, but not limited to, violations of the
provisions of the RA 9184 or its IRR-A.
vii. The following officers of the procuring entity are disqualified from membership
in the BAC:
AMOUNT OF AUTHORITY
PROCUREMENT UNIT
GHQ BAC2
PA BAC
Philippine Army
PAF BAC
PN BAC
Philippine Navy
The head of the procuring entity for the AFP BACs shall be the CSAFP subject to
the limitations and authority delegated by the SND and under EO 235.
Members of the separate BACs created within the AFP under D.O. 12 and in
accordance with Sec. 11 of RA 9184 and its IRR-A, shall be designated by the
CSAFP.
i.
The lower level BACs in the AFP must consist of at least five (5) members
and not exceed seven (7). Of the five (5) members, three (3) must be regular
members, and the two (2) must be provisional members. Should the Head of
September 2007
unit
who
has
knowledge
of
ii.
iii.
The Head of the Procuring Entity/CSAFP shall designate the BAC Chairman, and
may likewise designate the Vice-Chairman from the remaining regular
members.
iv.
The BAC members shall be designated for a term of one (1) year only, reckoned
from the date of designation. However, the Head of the Procuring Entity may
renew such designation at his discretion.
It is noted that appointment to the BAC is in the nature of a designation, in
addition to the regular duties of the subject official, and is not an appointment
contemplated under the Civil Service rules.
In accordance with the thrust to professionalize the procurement organization,
Heads of Procuring Entities are encouraged to re-appoint BAC members who have
shown efficiency and probity in the performance of their duties.
v.
vi. The CSAFP may suspend or remove a member of the BAC for justifiable causes,
including, but not limited to, violations of the provisions of the RA 9184 or its
IRR-A.
September 2007
vii. The following officers of the procuring entity are disqualified from membership in
the lower level BACs of the AFP:
the Chief Accountant / Head of the Accounting Unit 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.
PN Procurement Center
b. Contracting Offices
The Contracting Offices (COs) shall be deployed in 31 camps nationwide in close
proximity to the AFP field units.
The Chief of the Contracting Office shall be a sixth ranking permanent official of the
AFP (i.e. with the rank of Lieutenant Colonel/ Commander or O5 grade)
September 2007
Contracting Offices (COs) shall be created to undertake procurement for field units
based nearest them. Each CO shall be headed by an officer of O5 grade.
The following factors shall be considered in the selection of personnel to be assigned to the
AFPPS/PC/CO, among others:
i.
Integrity;
ii.
iii.
Satisfactory completion in a certification program conducted by the GPPBTechnical Support Office (GPPB-TSO) or its accredited institutions, if any;
iv.
v.
The appropriate rank of the head of the procurement unit, which should be:
At least a third ranking permanent employee, for the Procurement Center and
Contracting Offices;
A permanent official of the next lower rank, if the fifth or third ranking
permanent employee is not available.
attended;
In designating members of the AFPPS/PC/CO and the BAC Secretariat, the CSAFP/Head of
the Procuring Entity must ensure that check and balance is maintained, and procurement
personnel are not given assignments that may conflict with their designation as such.
The organizational set-up for procurement in the AFP is shown in Annex 3.
The positions indicated in Figure 1 shall be filled up using the scrap and build scheme, i.e.,
reclassification or transfer of filled itemized positions, or abolition of vacant itemized
positions and reclassification of these positions into the above positions. If the latter scheme
is adopted, the equivalent Personal Services requirement should not exceed the amount
generated from the abolition of vacant positions.
In the AFP, a military officer with a rank and salary grade, equivalent to or higher than the
proposed civilian position in the Generic Procurement Manual, may be assigned to the
Procurement Unit / Office provided that the pertinent qualification standards are met.
The CSAFP as Head of the Procuring Entity shall ensure that the Procurement Unit/Office will
have a sufficient number of personnel who will perform the functions of the Procurement
Unit, as provided in this Manual. The said Unit shall be strengthened through continuing
procurement training and education of the staff and deployment of additional personnel, if
necessary.
Pursuant to Sec. 12 of RA 9184 and its IRR-A, and Sec. 3 of EO 235, the AFP BAC
may, when necessary, create Technical Working Groups (TWGs) to assist in the
procurement process. For this purpose, each of the following Key Budgetary Units
(KBUs) shall maintain a pool of technical, financial and legal experts, from which the
AFP BAC shall create TWGs, depending on the type of procurement involved, to assist
in the procurement process, particularly in the review of bidding documents, in the
eligibility screening, evaluation of bids and post evaluation:
i.
September 2007
ii.
In creating the TWGs, the AFPBAC shall consider the expertise required based on the
nature of the procurement.
It is recommended that the TWG should have as members, a representative or
representatives of the end-user unit and experts in various disciplines who can handle
the different aspects of the procurement at hand, namely, the technical, financial, legal
and, in certain cases, the project management aspects. The presence of the end-user
representative and the above-named experts will ensure that the bid documents
properly reflect the requirements of the Procuring Entity, and the bids submitted will
be rigorously evaluated.
c.
To be able to effectively study the requirements and evaluate the bids submitted, the
AFPBAC may create several Technical Working Groups for each of the KBUs to handle
different types of procurement, according to the nature of the items to be procured, for
example:
i.
ii.
iii.
iv.
v.
The AFP BAC may also create a TWG for a specific procurement, particularly if the
procurement at hand is highly technical or is a major or priority project of the
government, such as the AFP Modernization Program.
vi.
September 2007
availability of funds, who will assist the TWG and the BAC on the procurement at
hand. For this purpose, the CSAFP as Head of the Procuring Entity shall certify that
the in-house experts cannot provide adequate
technical, financial, legal or project
or contract management advice related to the procurement. These consultants,
however, shall only have an advisory capacity, and may not vote during
deliberations.
6. Observers
a. Purpose of the Observers. To enhance the transparency of the process, the
AFPBAC is required to invite Observers who shall attend and observe all stages of the
procurement, especially:
i.
ii.
opening of bids;
a COA representative;
ii.
at least one (1) observer who shall come from a duly recognized private group in
a sector or discipline relevant to the procurement at hand, for example:
for goods
September 2007
iii. at least one (1) observer who shall come from an NGO.
Criteria for Observers from the Private Sector. In accordance with Section
13.2 of the IRR-A, the Observers coming from the private sector (e.g.,
organization of experts and NGOs) should belong to an organization duly
registered with the Securities and Exchange Commission (SEC). Moreover, they
should meet the following criteria:
knowledge, experience or expertise in procurement or in the subject matter of
the contract to be bid;
absence of direct or indirect financial interest in the contract to be bid out;
belonging to an organization duly accredited by the GPPB or the PWI (to be
raised before the GPPB); and
any other criteria that may be determined by the BAC (for example, the BAC in
decentralized units may require that the Observers should be based in the area
to ensure their attendance during the meetings.)
c. Absence of Observers. Observers will be informed at least 2 days before the stages
of procurement to which observers shall be invited: pre-bid conference; opening of
bids; post-qualification; and contract award; and special meetings of the BAC. The
absence of observers will not nullify the BAC proceedings provided that they have
been duly invited in writing.
Member -
Member -
Member -
MFO Rep
(TCE/TQMG/TSG/TCDS)
September 2007
The CSAFP shall ensure that the Annual Procurement Plan (APP) is regularly prepared,
reviewed and updated by the Project Management Offices (PMOs) and/or end-user
units, in accordance with the guidelines set forth herein. The CSAFP must also
approve the same, or delegate the approval authority to a second-ranking official. He
must ensure that all procurements are in line with the APP.
b.
The CSAFP must establish the BAC and the BAC Secretariat in accordance with the
guidelines previously discussed.
c.
Upon submission by the BAC of the recommendation for award, the CSAFP or his
representative must approve the same.
He may, however, disapprove the
recommendation but only on the basis of valid, reasonable and justifiable grounds
to be expressed in writing, and furnished to the BAC.
d.
He must ensure that the members of the BAC and the BAC Secretariat give utmost
priority to their BAC assignments over all other duties and responsibilities, until the
requirements for the said assignments at hand are completed. (IRR-A Sec. 14.3)
e.
Direct KBUs or other subordinate units of the AFP to maintain a pool of technical,
financial and legal experts, from which the AFP BAC may create Technical Working
Groups (TWGs) to assist in the procurement process. The designation of personnel to
the said pool shall be approved by the CSAFP.
e.
He must ensure that the staff of the AFPPS and the members of the BAC, BAC
Secretariat and TWG are given ample training on procurement and related matters,
with the end in view of professionalizing the procurement organization of the AFP.
f.
The CSAFP must impose the necessary administrative sanctions on errant members of
the BAC Secretariat/BAC/TWG, in accordance with Sec. 70 of the IRR-A.
g.
He must ensure that the members of the BAC and the TWG shall receive their
incentives.
In cases where the Head of the Procuring Entity is required to approve specific
contracts, he shall ensure that the same are approved within the time frame indicated
in the IRR-A, that is, within 20 calendar days from receipt of the transmittal to his
office.
September 2007
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Invite the Observers required by law to be present during all stages of the
procurement process, in accordance with the guidelines stipulated in RA 9184, its
IRR-A and this Manual.
x.
Furnish the Observers, upon the latters request, with the following documents
Abstract of bids;
xi.
xii.
xiii.
xiv.
xv.
xvi.
September 2007
Give utmost priority to BAC assignments over all other duties and
responsibilities, until the requirements for the procurement at hand are
completed, and shall perform jury duty when so required.
xviii.
b. Quorum
The majority (one-half of membership plus one) of the BAC members shall
constitute a quorum, but the Chairman or the Vice-Chairman should be present
in all meetings and deliberations. The Chairman or, in his absence, the ViceChairman shall preside over the meetings. The Presiding Officer shall vote only
in case of a tie.
All BAC decisions should be embodied in resolutions signed by at least a
majority of the members and the Chairman thereof.
Provide administrative support to all the AFP BACs through the BAC Secretariat;
b.
c.
d.
e.
f.
Create, maintain and update the registry of suppliers, contractors and consultants;
and
g.
Create, maintain and update a price monitoring list of goods and services.
b.
September 2007
c.
Organize and make all necessary arrangements for the BAC meetings as well as TWG
meetings, if necessary;
d.
e.
f.
Take custody of procurement documents and be responsible for the sale and
distribution of bidding documents to interested buyers;
The BAC Secretariat shall ensure that all procurements undertaken by the
Procuring Entity are properly documented, to provide an audit trail of the
procurement process.
g.
h.
i.
j.
Prepare the APP from the consolidated PPMPs submitted by the various Project
Management Offices (PMOs) and end-user units of the Procuring Entity, to make
them available for review as indicated in Sec. 7 of the IRR-A;
k.
Make arrangements for the pre-procurement and pre-bid conferences and bid
openings;
l.
Act as the central channel of communications for the BAC with the end-users, PMOs,
other units of the line agency, other government agencies, providers of goods, civil
works and consulting services, and the general public;
Provide utmost priority to BAC assignments over all other duties and responsibilities,
until the requirements for the procurement at hand are completed, and shall perform
jury duty when so required.
o.
Administer the EPS, as the counterpart of the service provider, if the Procuring Entity
has outsourced the EPS for non-common use items. Depending on the Service Level
Agreement covering the contract, such administration may be limited to registration
of suppliers and other users, assigning access levels, and updating of data.
p.
Transact with the G-EPS and PS-DBM in behalf of the procuring entity.
Assist the AFPBAC in the preparation of the bidding documents, ensuring that the
same properly reflects the requirements of the Procuring Entity and that these
conform to the standards set forth by RA 9184, its IRR-A and the Philippine Bidding
Documents prescribed by the GPPB.
September 2007
b.
Assist the AFPBAC in the conduct of eligibility screening of prospective bidders, and
in the short-listing of prospective bidders in case of biddings for consulting services.
c.
Assist the AFPBAC in the evaluation of bids and prepare the accompanying reports
for the BACs consideration and approval.
d.
Assist the AFPBAC in the conduct of post-qualification activities and prepare the
post-qualification summary report for the BACs approval.
e.
Assist the AFPBAC and BAC Secretariat in preparing the resolution recommending
award, with regard to the technical aspect, if necessary.
f. Provide utmost priority to AFPBAC assignments over all other duties and
responsibilities, until the requirements for the procurement at hand are completed,
and shall perform jury duty when so required.
ii.
In instances where the BAC has fully complied with RA9184, its IRR-A and this
Manual, the Observers shall prepare a Procurement Observation Report. When
there are substantive or procedural irregularities in the procurement at hand,
the Report shall provide therein details of the alleged irregularity.
The report shall be submitted to the Head of the Procuring Entity, and a copy thereof will
be furnished the BAC Chairman, who shall forward it to the BAC Secretariat for inclusion in
the procurement documents that will be submitted to the proper authorities for approval.
This will be part of the official record of the bidding, and part of the audit trail. The
Observer may also give a copy of the Report to the Office of the Ombudsman or the
Resident Ombudsman and the COA Auditor of the Procuring Entity in any of the following
instances:
i.
ii.
b.
when the BAC has failed to follow the prescribed bidding procedures; or
for any justifiable and reasonable ground where the award of the contract
will not redound to the benefit of the Government as defined in Section 41.1
(c) of the IRR-A of RA 9184.
For the purpose of preparing the report, the Observer may request for copies of the
following documents from the BAC, which shall be promptly provided to the
observer:
i.
ii.
Abstract of bids;
September 2007
c.
The Observer must sign as witness in the Abstract of Bids if, in their independent
observation, the bidding process was conducted in accordance with the procedures
described in the IRR-A of RA 9184 and this Manual. If the BAC failed to correctly
observe the proper procedure, the Observer must sign the Abstract of Bids, and
must indicate in the Procurement Observation Report the procedural and/or
substantive lapses of the BAC. This will enable the approving authority to be
apprised of any irregularities in the bidding process, for consideration.
d.
The Observers shall sign as witness in the post-qualification summary report if, in
their independent observation, the BAC followed the procedure described in the IRRA of RA9184 and this Manual, and that the Observer is amenable to the results of
the post-qualification. If the Observer finds the post-qualification procedures
irregular or the report does not match the actual findings, he shall so state in writing
addressed to the BAC Chairman, and the same shall be attached to the Postqualification Summary Report submitted to the approving authority. The Observers
written dissent will be part of the official record of the procurement.
The above described irregularities observed during the bidding process shall
not resolved before contract delay the bidding, but should be resolved before
contract award.
September 2007
Page 35 of 224
6. Responsibilities of
Committee (TIAC)
the
Technical
Inspection
and
Acceptance
a. TIAC shall conduct inspection, take samples, and see to it that the required
tests are performed to ensure that the items delivered are in accordance with
the quantities and specifications stipulated in the procurement documents.
b. If the delivered items are found to be in order, TIAC shall recommend their
c. The TIAC shall accomplish the Certificate of Technical Inspection, Testing and
Acceptance, and forward this to the concerned Procurement Center/Contracting
Office.
The head of the procuring entity (CSAFP/SND depending on the limits of their
approving authority);
b.
c.
d.
e.
The AFPPS;
f.
g.
h.
The RMO.
The supply process within the AFP as shown in Annex 4 also identifies the interface
between the procurement and supply functions while describing the following major
activities:
a.
Requirements determination
The Key Budgetary Units/Units Logistics Offices determine their requiremenst
based on the logistics data provided by the ICPs to the RMO. The Logistics
data/inventory provided by the ICP and the budgetary guidance from the RMO
serve as the basis for the KBUs/Unit Logistics Offices in the formulation of their
respective Project Procurement Management Plans/Annual Procurement Plans.
b.
September
the APP, SPP and any amendments thereto, for monitoring purposes, to ensure
compliance with the provisions of RA 9184 and its IRR.
c.
d.
e.
f.
Disposal
As far as practicable, all property and equipment shall be disposed of at the
ICPs. Turn-in of Property and equipment should be properly documented
(PTIS, I & I Report, etc). Disposal activity including the proceeds thereof shall
be undertaken with clearance from the Accounting Office thru the SAO, and
such activity shall be reported to RMO for updating of database on logistics
resources.
September
2.
3.
Budget Circular No. 2004-5A (dated October 7, 2005) issued by the DBM (Annex 5)
provides the guidelines on the grant of honoraria to government personnel involved in
government procurement. Under these guidelines, chairs and members of the AFP BAC
and the TWG may be paid honoraria only for completed procurement projects. A
procurement project shall be considered successfully completed once the contract has
been awarded to the successful bidder. In line with government policy to promote public
bidding, the payment of honoraria is limited to procurement that involves competitive
bidding activities. Conversely, honoraria will not be paid when procurement is thru the
alternative methods which do not entail public bidding procedures.
September
September
SECTION 3
Procurement Planning
Page 41 of 224
September 2007
Funds has been issued. (GPPB Resolution 011-2005 dated 26 May 2005) However, this
procedure is recommended to be adopted only for high priority projects, as contained in the
proposed APP, which are necessary to be implemented immediately upon the opening of the
succeeding year.
September 2007
Page 43 of 224
Legal Reference
IRR-A Section 7 provides the legal reference for the preparation of the PPMP.
1. The PPMP
A Project Procurement Management Plan or PPMP, which is a component of the Project
Management Plan, deals primarily with:
a.
b.
c.
source selection,
d.
e.
contract administration,
f.
g.
in an effort to obtain goods, infrastructure and services from suppliers, contractors and
consultants.
The PPMP serves as a guide document in the procurement and contract implementation
process, as well as a vital reference in procurement monitoring. Moreover, it serves as
an important tool in resource and financial management, allowing the Procuring Entity
the flexibility to optimize the utilization of scarce resources. Well-planned procurement
will significantly minimize the practice of doing short-cuts to ensure that the Procuring
Entity is able to purchase its requirements for the delivery of public services.
b.
What alternative solutions to the problem/s or need/s are available in the market?
What are the sources of these products and services? What is the profile of the
supply market? Are they easily obtainable? How much is the cost of each
alternative?
The PMO or end-user unit should conduct the market research at this point, and
gather as much information about the Goods, Services or expertise required. At the
end of this activity, it should know the market or the industry well enough to make
an informed choice.
September 2007
c.
The concept of value for money is not restricted to price alone. In addition
to costs, other considerations are non-cost factors like suitability or fitness to
the purpose, quality, among others. In comparing costs, all relevant costs
should be considered, e.g., acquisition costs, life-cycle costs (including
maintenance and operating costs for goods and infrastructure, spare parts of
goods, etc.).
ii.
Some risks that may be identified are the obsolescence of equipment, the
availability of support services, the capacity of contractors to implement the
project, among others. It is recommended, especially for high-technology,
complex, or high value procurement, that the PMO or end-user unit identify
the risks involved and come up with its own risk management plan. Or the
bidders could be required to submit, as part of their technical document, a
risk assessment and risk management plan.
iii. government policies that have an impact on the project or procurement
Are there any restrictions on the procurement contemplated? What relevant
government policies should be considered in determining the goods or
services that will be purchased?
iv. other relevant factors that may be identified by the PMO or end-user unit.
d.
Choose from among the alternatives the one that is most beneficial to the
Procuring Entity, and make the necessary recommendation to the approving
authority.
If the procurement is complex, highly technical, or high value, and the Procuring
Entity does not have sufficient technical proficiency, it would be prudent to
engage the services of technical experts who will serve as consultants in the
preparation of the TS/SOW/TOR. In engaging these consultants, the Procuring
Entity shall follow the procedures for procurement of consulting services as laid
September 2007
Page 45 of 224
down in Volume 4 of these Manuals. Moreover, care should be taken that possible
conflict of interest is avoided; that is, the consultant/s engaged should not be
connected with the prospective bidders/contractors, and are barred from being
engaged by the latter for any purpose related to the procurement at hand.
c.
d.
5. Procurement Milestones
The PPMP, like any plan, is not complete without including therein the schedule of
significant activities. The procurement milestones referred to are the following: preprocurement conference (if required or necessary), publication and/or posting of the
IAEB, pre-bid conference, submission of eligibility requirements and LOI (for
procurement of infrastructure projects and consulting services), submission of bids (for
procurement of goods, submission of eligibility requirements and bids are done
September 2007
6. Method of Procurement
As a general rule, all procurement should be through public bidding. This is the policy
of the State as laid down in RA9184. However, the law recognizes that certain unique
circumstances require the use of other methods of procurement. The selection of the
method of procurement is dependent on the presence or absence of specific conditions
that justify the use of a particular method (e.g., if a product is patented, direct
contracting is the preferred mode instead of public bidding).
These are discussed in
Section 5 in this Volume, and in Volumes 2, 3 and 4, when applicable to the type of
procurement.
e.
f.
September 2007
The APP should include all procurement activities planned for the year. The
approved APP shall be the basis for the Procuring Entitys procurement. No
procurement shall be undertaken by the AFP unless it is in accordance with the
APP duly approved by the CSAFP. The Undersecretary for Operations shall be
furnished copies of the APP, SPP and any amendments thereto, for monitoring
purposes, to ensure compliance with the provisions of RA 9184 and its IRR.
b.
The APP shall include only those procurements that are considered crucial to the
efficient discharge of governmental functions.
The IRR-A considers the
procurement crucial to the efficient discharge of governmental functions if:
i.
ii.
c.
The APP shall include provisions for foreseeable emergencies based on historical
records. The BAC, through the BAC Secretariat, upon recommendation of Major
Services Logistics staff and the Deputy Chief of Staff for Logistics, shall include
therein a lump sum to cover for these emergencies or contingencies, which
amount shall be a percentage of the AFPs total appropriations for Maintenance,
Operating and Other Expenses (MOOE).
d.
A review and updating of the individual PPMPs and the APP shall be done regularly, at
least once every six months or as often as necessary. The review and updating of the
PPMPs will be done by the PMOs and the end-user units. These units may avail of the
services of technical experts to review the individual PPMPs.. The updated PPMPs will
then be submitted to the BAC Secretariat for subsequent inclusion in the updated APP.
September 2007
Page 48 of 224
2. Procurement Strategy
The procurement strategy refers to the approach that will be adopted by the AFP BAC in
the procurement of the goods, infrastructure projects and consulting services included
in the APP.
In the review and consolidation of the PPMPs, the BAC will be able to determine the
extent of diversity, quantities, quality, cost, the supply market, and other characteristics
of the procuring entitys requirements for the year. The profile of the procurement is a
major determinant in the choice of procurement strategy to be employed, as well as in
the scheduling of procurement activities.
There may be common requirements for the various PPMPs. For example, three
projects may require the purchase of five (5) units of laptop computers for each project
office, or a total of fifteen (15) laptop computers. Obviously, it will be more cost
effective and efficient if the BAC will procure the 15 laptop computers in one bidding
exercise and as one bid lot.
The individual PPMPs sometimes reflect a mix of procurement types, for example, an
information technology (IT) project might involve the procurement of goods (e.g.,
workstations, network equipment and peripherals), procurement of civil works (e.g., the
installation of cables might involve the repair of some offices and other related civil
works) and procurement of consulting services (e.g., design and development of
information systems). In similar cases, the BAC will have to exercise judgment in
determining the bid lots and contract package. There are two approaches to this case
the project could be bid out as one package, or it could be divided into several bid lots
(i.e., supply of hardware, supply and installation of cables, design and development of
information systems, and repair of facilities). There are advantages and disadvantages
to either approach, and the BAC, through the help of the TWG and the Secretariat, shall
determine which is the best option for the Procuring Entity.
In determining the nature of a project with goods, civil works and consulting
components, or any combination of the three, the purpose of the procurement shall
govern. In the example given, it seems that the purpose is actually to computerize the
internal operations of the Procuring Entity, hence the single most important component
of the project is the design and development of information systems. This being the
case, the project could be bid out as a consulting service.
b.
c.
d.
e.
f.
(general
description
of
September 2007
Page 49 of 224
The format for the APP is shown in the Guidelines on the Preparation of PPMP/APP
issued by the DCS for Logistics, J4, dated November 10, 2005, attached as Annex 6.
September 2007
Page 50 of 224
Planning for the procurement goods, works and consulting services shall be done strictly in
accordance with the procedures and standards set forth in the preceding Sections and
following the process as described herein:
1.
Goods and services procured should comply with applicable standards of the Bureau
of Product Standards or the International Organization for Standardization (ISO)
which establishes technical standards for products, materials or processes, including
standards for generic management systems. For products where there are no
specified Philippine or ISO standards, the standards of the country of origin or other
international bodies shall be considered.
b.
c.
The purchase of medicines by all AFP units, hospitals and clinics shall strictly
comply with the formulary embodied in the National Drug Policy of the Department
of Health. (No.3- Special Provisions, DND, GAA)
d.
e.
The latest edition of the DPWH Standard Specifications Vol. II-Highways, Bridges
and Airports, 2004 Edition and Vol. III-Buildings, Ports and Harbors, Flood Control
and Drainage Structures, and Water Supply Systems shall likewise be adopted for
infrastructure projects implemented by the AFP Corps of Engineers (AFPCOE).
Specifications for other project types adopted by government infrastructure
agencies attached to the DPWH may also be used for similar projects when
implemented by the AFP COE.
2.
Supplemental APP shall also be prepared for procurement activities funded from other
sources (eg: Trust Receipts, Special Releases, etc.) for review/ evaluation by J4,
validation by AFP BAC and final approval by CSAFP. The Undersecretary for Operations,
DND shall be furnished a copy of the approved Supplemental APP to ensure compliance
with the provisions of RA 9184 and its IRR.
3.
The APPs (Regular and Supplemental) shall include procurement of goods, consulting
services, and infrastructure projects programmed for the year.
4.
The Logistics Offices of the KBUs and other Units shall prepare their respective
PPMP/APP using the prescribed forms (Annex 6), and the Head of the Unit concerned
September 2007
Page 51 of 224
shall submit the same for review, collation/consolidation and approval by higher
authorities following the prescribed preparation/ submission schedule. Refer to
Annexes 4, 7, 8, and 9, forms and flowcharts. (Note: For the instruction on the
preparation of PPMP/APP, refer to PPMP/APP primer Incl 1).
The PPMPs prepared by the lower subordinate end-user units shall be reviewed and
consolidated by the Logistics Office/Unit of the superior unit who exercises supervision
and control over it. The consolidated PPMPs of all lower units under it shall then be
included in the APP of the superior unit.
5.
The APPs of all Units shall be reviewed and evaluated by the OJ4, before they are
submitted to the BAC/BAC Secretariat for validation and final consolidation into the APP
for the whole AFP. The final APP shall then be submitted for approval of the CSAFP, the
Undersecretary for Operations and the Undersecretary for Finance, DND in accordance
with DO 53.
6.
The review and consolidation of the PPMP/APP prepared by subordinate units, shall be
performed by the Logistics Offices of their superior units, the OJ4 and finally the
AFPBAC/BAC Secretariat to achieve the following:
a.To see to it that all the Units procurement are within the approved budget and that
priorities and objectives for the budget period are embodied in the APP.
b.To ascertain that only procurement crucial or indispensable to the efficient discharge
of government functions is included in the APP.
c. To see to it that a realistic procurement strategy is formulated for the unit and the
AFP as whole taking into consideration:
d.the appropriate mix of procurement methods as allowed by law that will be adopted
to efficiently and effectively fulfill the procurement requirements of the Unit/AFP
e.the entities who should undertake/implement each mode of procurement, i.e. the
AFP BAC, AFPPS/PS/CO and the DND BAC
f. common items/requirements of various PPMPs that may be procured together in one
package for greater procurement efficiency and effectiveness
g.the appropriate size of bid lots or contract packages considering the project
objectives, the nature of items to be procured and the capability of legitimate
suppliers in the market to provide them (the principle of promoting
competitiveness through the proper matching of the size of the contract packages
with the capability of most bona fide suppliers should be considered)
h.To see to it that the PPMP/APP is prepared in accordance with the procedure
prescribed in this manual, in both substance and form.
i. To see to it that the APP is in accordance or in line with the Logistics Strategy of
the AFP
7.
The APPs of all Units shall be reviewed and evaluated by the OJ4, before they are
submitted to the BAC/BAC Secretariat for validation and final consolidation into the APP
for the whole AFP.
8.
The APP shall include provisions for foreseeable emergencies based on historical
records.
The BAC, through the BAC Secretariat, upon recommendation of Major
Services Logistics staff and the Deputy Chief of Staff for Logistics, shall include therein a
lump sum to cover for these emergencies or contingencies, which amount shall be a
percentage of the AFPs total appropriations for Maintenance, Operating and Other
Expenses (MOOE).
September 2007
9.
The final APP shall then be submitted for approval of the CSAFP. The Undersecretary for
Operations, DND shall be furnished a copy of the approved APP in accordance with DO
12.
10. Once the General Appropriations Act is passed by Congress and approved by the
President, any discrepancy between the Budget Estimates in the APP and the Annual
Appropriation shall be settled on a priority basis as determined by the concerned
Program Directors of the AFP.
The PROGRAM DIRECTOR is the KBU functional staff officer responsible for the
preparation of the Preliminary Program and Budget Guidance document. He monitors
and conducts program review and analysis. He prepares the functional objective, policy
guidance and monitors the implementation of the control programs peculiar to his staff
responsibility.
11. No government procurement shall be undertaken unless it is in accordance with the
approved APPs (Regular and Supplemental). All emergency procurement, however,
shall be subsequently supported by corresponding amendment/ updating in the APP,
subject to the review/ evaluation by J4, validation by AFP BAC and subsequent approval
by CSAFP. The Undersecretary for Operations, DND shall be furnished copies of the APP,
SPP and any amendments thereto, for monitoring purposes, to ensure compliance with
the provisions of RA 9184, in accordance with DO 12.
12. Amendment/Updating of APP shall be undertaken every six (6) months or as often as
necessary.
September 2007
SECTION 4
Page 55 of 224
Infrastructure
Projects
70
calendar
days
infrastructure projects with
ABC of 50M and below; and
100
calendar
days
infrastructure projects with
ABC of above 50M
139 calendar days and
Consultancy
Services
Earliest
Possible
Time
28 calendar days
80 calendar days
for
an
43 calendar days
for
an
48 calendar days
WHEREAS, during the same meeting, the GPPB identified important measures/courses
of action that government agencies shall pursue to ensure the completion of the procurement
process at the earliest possible time, namely: (i) the creation of an organic or permanent Bids
and Awards Committee (BAC) Secretariat that will provide administrative support to the BAC,
and if necessary, the creation of permanent Technical Working Groups (TWGs) to give
technical assistance in the procurement process; (ii) the establishment of a Registry of
Suppliers, Contractors, or Consultants that will greatly facilitate the process of eligibility
check; and (iii) mandating members of the BAC, BAC Secretariat and TWG to undergo the
training programs of the GPPB for the development of their capability and expertise in the
field of procurement;
WHEREAS, for infrastructure projects, procuring entities must ensure that appropriate
timing and/or phasing of related activities are undertaken, such as feasibility studies and/or
September 2007
Page 56 of 224
September 2007
Page 57 of 224
September 2007
Page 58 of 224
Section
21.2.1.
Except
as
otherwise
provided in Sections 21.2.3
and 21.2.4 of this IRR-A
and for the procurement of
common-use goods and
supplies, the Invitation to
Apply for Eligibility and to
Bid shall be:
a) Advertised at least
once in
one (1)
newspaper of general
nationwide circulation
which
has
been
regularly published for
at least two (2) years
before the date of
issue
of
the
advertisement;
b) Posted continuously in
the website of the
procuring
entity
concerned,
if
available, the website
of
the
procuring
entitys
service
provider, if any, as
provided in Section 8
of this IRR-A, and the
G-EPS for seven (7)
calendar
days
starting on date of
advertisement,
if
applicable; and
c)
Posted
at
any
conspicuous
place
reserved
for
this
purpose
in
the
premises
of
the
procuring
entity
concerned for seven
calendar days, if
applicable,
as
certified by the head
of the BAC Secretariat
of the procuring entity
concerned.
September 2007
Page 59 of 224
Section
21.2.2
Period
36
calend
ar
days
Above fifty 50
(50) million calend
ar
days
(iii)
For
consulting
services,
a
maximum
period of
sixty (60)
calendar days from date
of
advertisement
and/or
1st
day
of
posting of the Invitation
to Apply for Eligibility and
to Bid up to opening of
bids.
For
infrastructure
projects and consulting
September
Page 60 of 224
Section
21.3.1
Section
23.3
The
BAC
shall
inform
an
eligible
prospective bidder that it has been found
eligible to participate in the bidding. On
the other hand, the BAC shall inform an
ineligible prospective bidder that it has
been found ineligible to participate in the
bidding,
and
the
grounds
for
its
ineligibility. Those found ineligible have
seven (7) calendar days upon written
notice or, if present at the time of opening
of eligibility requirements, upon verbal
notification, within which to file a request
for a reconsideration with the BAC: x
x
September 2007
Page 61 of 224
Section
23.10
Section
24.15.4
Section
30.3.
Section
32.3
September
Page 62 of 224
Section
33.4.2
10
Section
33.4.4
Except
for
meritorious
reasons,
negotiations with any one consultant shall
be completed within
fourteen (14)
calendar days.
11
Section
33.5
12
Section
34.1
September 2007
Page 63 of 224
determination of Lowest
Calculated Bid or the
Highest Rated Bid, as the
case may be, the BAC shall
conduct and accomplish a
post-qualification of the
bidder with the Lowest
Calculated
Bid/Highest
Rated Bid, to determine
whether
the
bidder
concerned complies with
and is responsive to all the
requirements
and
conditions for eligibility,
the bidding of the contract,
as specified in the bidding
documents, in which case
the said bidders bid shall
be considered and declared
as
the
Lowest
Calculated
Responsive
Bid for the procurement
of goods and infrastructure
projects, or the Highest
Rated Responsive Bid
for the procurement of
consulting services.
In exceptional cases, the
post qualification period
may be extended by the
head of the procuring
entity, but in no case
shall
the
aggregate
period
exceed
thirty
(30) calendar days.
13
Section
34.4
September
Page 64 of 224
thereof.
14
Section
37.2.1
Within
a
period
not
exceeding
seven
(7)
calendar days from the
determination
and
declaration by the BAC of
the
Lowest
Calculated
Responsive Bid or Highest
Rated Responsive Bid, and
the recommendation of the
award, the head of the
procuring entity or his duly
authorized representative
shall
approve
or
disapprove
the
said
recommendation.
However,
for
infrastructure projects
with an ABC of fifty (50)
million and below, the
head of the procuring
entity
or
his
duly
authorized representative
shall
approve
or
disapprove
the
said
recommendation
within
four (4) calendar days.
In case of approval, the
head of the procuring
entity
or
his
duly
authorized representative
shall immediately issue the
Notice of Award to the
bidder with the Lowest
Calculated Responsive Bid
or
Highest
Rated
Responsive Bid.
In the
case of GOCCs and GFIs,
the period provided herein
shall be fifteen (15)
calendar days.
Within
the same period provided
herein, the BAC shall notify
all losing bidders of its
decision.
15
Section
37.4
Approval of Contract
Approval of Contract
September 2007
Page 65 of 224
for
infrastructure
projects with an ABC of
fifty (50) million and
below, the maximum
period
is
five
(5)
calendar days. In the
case
of
GOCCs,
the
concerned board, or its
duly
authorized
representative, shall act on
the
approval
of
the
contract within twentyfive (25) calendar days
from
receipt
thereof
together
with
all
documentary requirements
to
perfect
the
said
contract.
16
17
Section
37.5
Notice to Proceed
Notice to Proceed
Section
38.1
September
Page 66 of 224
Notice
of
Award
is
issued by the head of
procuring entity in order
to complete the entire
procurement process at
the
earliest
possible
time.
For purposes of this
section, the term jury
duty
shall
be
understood to mean a
state
by
which
the
members give utmost
priority
to
BAC
assignments over all
other
duties
and
responsibilities until the
requirements for the
said
assignments
at
hand are completed.
The maximum periods
and earliest possible
time
for
action
on
specific
procurement
activities are provided
for in Annex C of this
IRR-A.
In case the
deadline for each activity
falls on a non-working day
(i.e.
Saturday
and
Sunday), legal holiday, or
special
non-working
holiday, the deadline shall
be the next working day.
September 2007
Page 67 of 224
Stage
Activities
Advertisement/posting of IAEB
Letter of Intent
4
5
Bid Evaluation
Deadline
MAXIMUM PERIODS
Civil Works
Goods
For ABC
costing 50M
and below
7 cd
For ABC
costing above
50M
7 cd
7 cd
n/a
7 cd
7 cd
7 cd
refer to stage 6
3 cd
3 cd
20 cd
7 cd
Within 7 cd from the last
day of posting
30
available for at least for 7
cd from the date of the
issuance
12 before the deadline of
submission of bids
Consulting
Services
5
0
3
6
cd
cd
cd
1 cd
1 cd
6
0
1 cd
cd
1 cd
1cd (includes
eligibility check)
7 cd
1 cd
1 cd
1 cd
5 cd
7 cd
21 cd + 2 cd
for approval of
ranking
3 cd
n/a
September
Page 68 of 224
Negotiation
10
Post Qualification
7 cd
7 cd
7cd
7cd
11
7 cd
4 cd
7 cd
7 cd
12
10 cd
10 cd
10 cd
10 cd
13
15 cd
5 cd
15 cd
15 cd
14
3 cd
2 cd
3 cd
3 cd
80 cd
70 cd
100 cd
139 cd
10 cd
Note: The periods indicated in the boxes are the maximum periods to be observed from the day of advertisement and/or 1st day of posting of the Invitation of Apply for
Eligibility and to Bid up to opening of bids.
September 2007
Page 69 of 224
Stage
Activities
1
2
Advertisement/posting of IAEB
Letter of Intent
6
7
8
9
10
11
Post Qualification
Approval of Resolution/Issuance
of Notice of Award
12
Deadline
Within 7 cd from the
last day of posting
Goods
Consulting Services
7 cd
n/a
7 cd
7 cd
7 cd
7 cd
refer to stage 6
1 cd
7 cd
3 cd (1 cd for eligibility, 1
cd for shortlisting and 1
cd for notification)
7 cd
1 cd
1 cd
1 cd
1cd
1 cd
1 cd + 1 cd for approval
of ranking
1 cd
1 cd
1 cd
2 cd (1 cd for BAC
Resolution and 1 cd for
issuance of NOA)
2 cd (1 cd for contract
preparation and 1 cd for
contract signing
1 cd
2 cd (1 cd for BAC
Resolution and 1 cd for
issuance of NOA)
2 cd (1 cd for contract
preparation and 1 cd for
contract signing
refer to stage 1
10
days
before
deadline of submission
7 days before the
deadline of submission
of bids
n/a
1 cd
2 cd (1 cd for BAC
Resolution and 1 cd for
issuance of NOA)
2 cd (1 cd for contract
preparation and 1 cd
for contract signing
September 2007
Page 70 of 224
13
14
Total
Time
1 cd
1 cd
1 cd
1 cd
28 cd
1 cd
43 cd
1 cd
48 cd
Note: The procurement process from the opening of bids up to the award of contract shall not exceed three (3) months, or a shorter period to be
determined by the procuring entity concerned. All members of the BAC shall be on a jury duty type of assignment until the Notice of Award is issued
by the head of procuring entity in order to complete the entire procurement process at the earliest possible time.
September 2007
SECTION 5
Page 74 of 224
Competitive Bidding
Legal Reference
IRR-A Section 10 provides the legal reference for competitive bidding.
All procurement shall be through competitive or public bidding, except as provided in Rule XVI
of the IRR-A, which provides for the conditions for use of the alternative methods of
procurement. This is so specified in Section 10, Article IV of RA 9184 and Section 10, Rule IV
of its IRR-A. In keeping with this policy, Procuring Entities are enjoined to provide for
sufficient lead time in its procurement program for the conduct of public bidding.
Competitive Bidding or Public Bidding is defined in RA9184 and its IRR-A as follows:
Refers to the method of procurement which is open to participation by any
interested party and which consists of the following processes: advertisement, prebid conference, eligibility screening of prospective bidders, receipt and opening of
bids, evaluation of bids, post-qualification, and award of contract, the specific
requirements and mechanics of which shall be defined in the IRR to be promulgated
under this Act.
Competitive bidding opens up the procurement opportunity to a greater number of suppliers
or contractors who compete among themselves in providing the best goods or services to the
Government for the best value. This enables the Government to obtain goods and services,
infrastructure projects, and consulting services at lower prices and better terms, thus
optimizing the use of scarce resources. In addition, it allows for greater transparency of the
procurement process.
Competitive bidding is discussed in detail in Volumes 2, 3 and 4 of these Manuals.
It is conceded, however, that there are instances when resorting to any of the alternative
methods of procurement is necessary.
September
Page 75 of 224
The BAC shall recommend to the Head of the Procuring Entity the use of
alternative methods of procurement in cases where public bidding is not feasible,
to be indicated in the Annual Procurement Plan (APP);
In cases where the original method of procurement specified in the APP is public
bidding and conditions arise justifying the use of an alternative method of
procurement after the APP is finalized, the APP may be amended. This can be
done after a BAC Resolution recommending the use of the alternative method is
approved by the Head of the Procuring Entity. The procedures are discussed in
Volumes 2, 3, and 4.
Procuring
purchases
within the
Manual, in
b. The Head of the Procuring Entity or his duly authorized representative has given
prior approval of the use of any of the alternative methods of procurement;
c.
The conditions surrounding the procurement at hand justify the use of any of the
alternative methods of procurement, as provided for in Sec.48-54, Art. XVI of the
RA9184 and Sections 48-54, Rule XVI of its IRR-A.
d.
September 2007
Page 76 of 224
for telecommunication equipment, etc.) that has expertise and experience in the
type of procurement concerned, which list should have been submitted to,
maintained and updated with, the GPPB. For highly specialized goods and
consulting services, where no such list is being maintained by a relevant
Government authority, competitive bidding shall be conducted. It is noted that
the purpose of the list is to regulate the quality of goods being offered and the
qualifications of consultants in the particular field of expertise.
The particular conditions under which this alternative method of procurement may
be used are outlined in Section 2, Part 2, Vol. 2 (for procurement of goods, and
Section 3, Part 2, Vol. 4 (for procurement of consulting services), of this Manual.
b.
c.
d.
e.
September
Page 77 of 224
Ordering Agreement
Legal Reference
GPPB Resolution No. 06 2005 dated April 1, 2005, Approving and Adopting the Guidelines
on the Use of an Ordering Agreement under the Government Procurement Reform Act
(Annex H), serves as the legal reference for ordering agreements.
terms and clauses applying to future contracts (orders) between the parties during its
term,
2.
3.
methods for issuing and delivering future orders under the ordering agreement.
September 2007
Page 78 of 224
Section 23.5 of the IRR-A of RA 99184, which authorizes the AFP Corps of Engineers to
undertake infrastructure projects by administration.
2.
Section 53.b of the IRR-A of RA 9184, which authorizes procuring entities to undertake
emergency infrastructure projects urgently needed due to calamities or other causes,
through negotiated procurement or by administration or, in high security risk areas,
through the AFP.
3.
GPPB Resolution No. 09-2005, dated April 28, 2005, which approves the guidelines on
implementation of projects undertaken by the AFP Corps of Engineers.
4.
GPPB Resolution No. 013-2005, dated August 5, 2005, which approves and adopts the
guidelines for the implementation of infrastructure projects through negotiated
procurement under Section 54.2(d) of the IRR-A of RA 9184 and by administration.
2.
(Procurement Guidelines, World Bank) Force account, that is, construction by the use
of the Borrowers (the Governments) own personnel and equipment, may be the only
practical method for constructing some kinds of works. The use of force account may be
justified where:
a.
b.Works are small and scattered or in remote locations for which qualified
construction firms are unlikely to bid at reasonable prices;
c. Work is required to be carried out without disrupting ongoing operations;
d.Risks of unavoidable work interruption are better borne by the Borrower than by a
Contractor; and
e.There are emergencies needing prompt attention.
September
Page 79 of 224
The Guidelines approved by GPPB Resolution No. 013-2005 defines force account as
the implementation of an infrastructure project by administration and is applicable
when, due to the happening of unforeseen events, there is need to immediately
complete infrastructure works, or when work outside the original contract is necessary
for the completion of the works but the costs involved cannot be determined at the
outset.
Possible
Arrangements
and
Options
Infrastructure Projects By Administration
In
the
Implementation
of
The Owner or the Agency has several options in prosecuting construction of the project by
administration or force account as shown:
1.
The Owner Agency can resort to a combination of any of the options outlined in the
following matrix:
PROJECT COMPONENTS
LABOR
CONSTRUCTION MATLS and
EQUIPMENT FOR INSTALLATION
CONSTRUCTION EQUIPMENT
CONSTRUCTION SUPERVISION
2.
The Owner may also opt to avail of trade or specialty sub contractors for each work item
of the project (civil works, electrical, plumbing/sanitary, architectural finishes,
mechanical, etc.). The sub contractors may provide labor, materials, supplies and
construction equipment, with construction supervision and coordination either provided
in-house by the Owner agencys organic engineering/technical personnel or by
consultants, hired for the purpose.
3.
A cost-plus or a reimbursable cost plus fees contract can also be resorted to with
labor, construction materials, and equipment to be procured by the Owner with the
Contractor being guaranteed a fixed percentage over the cost. This entails some
additional administrative effort and cost on the part of the Owner since he must procure
all of the inputs and implement controls over their utilization such as warehousing,
inventory and timekeeping activities. In addition, the Owner, thru his construction
supervisor, must directly concern himself with the overall quality, time and cost
standards of the project.
This mode of implementation is usually adopted for projects were it is difficult to exactly
determine the extent or scope of the work at the onset, such as in repair/restoration
work where sizable portions of the project are initially embedded or covered up, the
restoration of historical/artistic works, and in case of emergencies were time is of the
essence such that normal detailed engineering procedures are not practicable.
September 2007
Page 80 of 224
This mode is also resorted to in infrastructure contracts when the cost of certain
anticipated additional work cannot be accurately measured, estimated or standardized
beforehand (e.g. the repair and restoration of completed and partially accepted portions
of the work that may be damaged by force majeure within the effectivity of the original
contract) such that the Contractor cannot quote a realistic or reasonable price at the
time of bidding. Sometimes a form or a schedule of manpower and construction
equipment rates is provided for in the bid documents to be filled up by the proponents.
This eventually becomes part of the contract executed with the successful bidder, and
the rates reflected therein are applied to determine the amount due the contractor
when such work becomes necessary. This is often called a Schedule of Day Work
Rates.
It is possible for the Owner agency to have savings since there is no contractors profit
or taxes to be included in the project cost.
2.
3.
The capability, experience and proficiency of the agencys personnel in construction and
engineering work is enhanced and maintained. (This is the primary justification for
allowing the AFPCOE to implement projects by administration under Section.23.5 of the
IRR-A of Ra 9184.)
the
services
of
in-house
On the other hand there are certain disadvantages or risks that have to be considered:
1.
There is increased administrative effort and cost on the part of the Owner compared to
contracts awarded through competitive bidding, specially, in cost-plus a fee contracts.
2.
3.
4.
There is a risk that quality control for the project may be less stringent unless an
autonomous quality control unit exists within the agency. There is a tendency for inhouse construction supervisors/managers to be less scrupulous about construction
quality standards since there is a low incentive for them to check on their own work.
There is no check and balance as in a straight contract, where a contractor is engaged
to provide the labor, materials and equipment for the construction of the whole project.
5.
Unless effectively monitored and reviewed, there is the risk that prosecuting projects
by administration could be used as a way of circumventing the requirements of
competitive bidding, specially, when the nature of the work involved easily lends itself
to implementation by contracting. The implementing unit could actually end up entirely
contracting out by administration projects, or large portions of it, without the
knowledge and approval of higher officials (and thereby commit a violation of the
condition stipulated in Sec. 4.2 of GPPB Resolution 013-2005). This practice is
always closely linked to the phenomenon of the implementing unit resorting to
unjustified alternative methods of procurement and the splitting of procurement
contracts for construction materials, labor and equipment charged to project funds.
September
Page 81 of 224
These procurement contracts can usually be padded and become the means to provide
the cash to pay the by administration contractor. Agency project cost estimates and
construction implementation arrangements would have to likewise be stringently
reviewed to ensure that greater efficiency and economy would be achieved by
undertaking projects by administration rather than thru competitive bidding.
The implementation of infrastructure projects by administration should therefore be resorted
to only in highly exceptional cases and only with adequate management controls in place.
Cost estimates and the procurement of construction inputs (labor, construction materials and
equipment) used for such projects should be closely reviewed and monitored to ensure
compliance with the provisions of RA 9184 and its IRR-A.
The implementation of projects by administration or force account in the AFP are discussed
in more detail in Vol. 3 of this Manual.
September 2007
SECTION 6
Procurement by Electronic
Means and the G-EPS
Page 84 of 224
1. The G-EPS
Consistent with the policies of transparency and streamlining of the procurement
process, and to achieve efficiency, Information and Communications Technology (ICT)
shall be utilized in the conduct of government procurement. A two-pronged approach
has been adopted to achieve this:
a.
b.
The DBM-Procurement Service (DBM-PS) manages the G-EPS under the supervision of
the GPPB. The G-EPS serves as the single portal and primary source of information on
all government procurement.
All Procuring Entities shall utilize the G-EPS, through its Electronic Catalogue facility, for
the procurement of common-use supplies. Moreover, all Invitations to Apply for
Eligibility and to Bid (IAEB), notices of award, and all other procurement-related notices
shall be posted in the G-EPS, regardless of the method of procurement used by the
Procuring Entity.
The GPPB shall issue the necessary procedural guidelines covering procurement through
the G-EPS.
2.
Contract awards and the corresponding Notice of award, including the reason for
award of contract;
September
Page 85 of 224
Failure to post a procurement opportunity will render the resulting contract null and
void.
Failure to post a Notice of Award shall render the erring government official/s
administratively liable in accordance with RA 6713 and other pertinent laws, rules and
regulations, and appropriate sanctions shall be imposed.
Posting of notices and other transactions with the G-EPS shall be done through duly
authorized personnel of the Procuring Entity. In accordance with Section 8.2.3 of the
IRR-A, the Procuring Entity shall be required to designate its personnel who will be
authorized to transact with the G-EPS. The internal procedures of G-EPS require that a
Procuring Entity shall have at least one (1) but not more than two (2) such authorized
personnel. For purposes of consistency with the prescribed procurement procedures,
the Procuring Entity shall designate such personnel who is a member of the BAC
Secretariat or assigned to the Procurement Unit / Office. (Please refer also to Section 3,
Volume 2 of this Manual for the procedures for transacting with the PS-DBM.)
Posting of the IAEB shall follow the guidelines in Section 21 of the IRR-A, Section 2, Part
1, Vol.2, Section 3, Part 1, Vol.3, and Section 3, Part 1, Vol. 4 of this Manual.
September 2007
Page 86 of 224
C. Electronic Catalogue
The G-EPS shall have a centralized electronic catalogue of common and non-common
use goods, supplies, materials and equipment.
Procuring Entities are required to procure common-use goods, supplies, materials and
equipment from the Electronic Catalogue in the G-EPS, once it is in operation. The
procedures for transacting with the G-EPS shall be provided for in detail in the websites
of the G-EPS (procurementservice.net) and the PS-DBM (procurementservice.org).
Procuring entities without internet access may avail of the G-EPS Public Access
Terminals which shall be installed at DBM-designated locations in the provinces and in
Metro Manila.
In addition to the e-catalogue, the G-EPS shall also feature a Virtual Store, Electronic
Payment, Electronic Bid Submission, and such other features that may be developed in
the future. Procedures for the use of these features will be published once these
become operational.
September
Page 87 of 224
the system must allow parallel manual submission of bids to the procuring
entity;
d) the system must ensure that the BAC shall have complete control of the
bidding process, and that the BACs sole authority to open bids is strictly
observed;
e) the system must be virus-resilient and the infrastructure must provide
sufficient security which is at least equivalent to that employed by the G-EPS,
such as, but not limited to, firewall and encryption devices;
f)
must provide for use of electronic signatures and other current electronic
authentication devices;
Electronic payment facilities, if used, shall comply with all laws, rules and
regulations issued by the Government.
The GPPB shall determine and certify compliance with the above requirements.
However, it may delegate this task to technically capable agencies/offices of the
Government. For this purpose, it shall issue the necessary Guidelines.
September 2007
Page 88 of 224
SECTION 7
September
Page 90 of 224
Procurement Sourcing
Legal Reference
IRR-A Sections 43 to 45 provide the legal basis for procurement sourcing.
ii)
The lowest domestic bid is more than 15% in excess of the LCB;
or
ii)
the bidder who submitted the lowest domestic bid fails to postqualify.
September 2007
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A foreign bid means any offer of articles, materials or supplies not manufactured
or to be manufactured in the Philippines, substantially from articles, materials or
supplies of the growth, production, or manufacture, as the case may be, of the
Philippines. (Section 2[d], CA 138) Conversely, a domestic bid means any offer
of unmanufactured articles, materials, or supplies of the growth or production of the
Philippines, or manufactured articles, materials or supplies manufactured or to be
manufactured in the Philippines, substantially from articles, materials or supplies of
the growth, production or manufacture, as the case may be, of the Philippines.
(Section 2[c] CA 138) In US jurisprudence, the term substantially was construed
to mean more than 75%. Thus, even if a product is manufactured in the
Philippines, it may not be considered within the ambit of the preference if its raw
materials are wholly imported.
c)
The subject bidding is done within five (5) years from the effectivity of
RA9184, or not later than January 26, 2007.
ii)
The provincial bidder who is given the privilege to match the LCB
submits the lowest bid among the provincial bidders, although it is
higher than the LCB.
iii)
The said provincial bidder shall exercise the privilege to match the
LCB within forty-eight (48) hours from receipt of the notice from the
BAC to match the LCB.
September 2007
contracts the coverage of which includes more than one (1) province;
ii)
c)
ii)
iii) It shall be posted at any conspicuous place reserved for the purpose
in the premises of the Procuring Entity for 14 calendar days; and
Conspicuous place shall mean any place in the premises of the Procuring Entity
that is accessible to the general public and reserved for the purpose of posting /
publishing announcements and/or notices for dissemination to the public.
iv) It shall be posted in the website of the DBM and the G-EPS for 14
calendar days.
d) Lease of Computers, Communications, Information and Other Equipment
Contracts for lease of construction and office equipment, including computers,
communication and information technology equipment, are subject to the same
public bidding and procurement procedures as prescribed in RA 9184, its IRR-A
and Volume 2 of this Manual. (Please refer also to Joint Memorandum Circular
No. 2002-01 issued by the National Computer Center and the DBM, which
provides the policies, rules and regulations on lease of IT equipment. Also,
reference may be made to Department Order No. 188 (dated September 28,1999)
and Department Order No. 219 (dated August 14, 2003), issued by the
Department of Public Works and Highways, governing the lease of construction
equipment.)
Page 93 of 224
September 2007
SECTION 8
Case Studies
September 2007
Page 95 of 224
September 2007
Page 96 of 224
Analysis:
The BAC should award the project not to Contractor A, but to Contractor B, primarily because
a) Contractor A is not eligible in the first place, and b) Contractor B submitted the lowest bid
among all the others who have been found eligible.
Contractor A is not eligible. While the eligibility requirements it has submitted passed the
Eligibility Check, information that the BAC has gathered during Post-Qualification shows that
Contractor A misrepresented itself by not reporting on its on-going project, whose outstanding
works would have a negative impact on its NFCC.
IRR-A Section 23.4 says: Notwithstanding the eligibility of a prospective bidder, the
procuring entity concerned reserves the right to review its qualification at any stage
of the procurement process if it has reasonable grounds to believe that a
misrepresentation has been made by the said prospective bidder, or that there has
been a change in the prospective bidders capability to undertake the project from the
time it submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility requirements, statements or documents, or
any changes in the situation of the prospective bidder which will affect the capability
of the bidder to undertake the project so that it fails the preset eligibility criteria, the
procuring entity shall consider the said prospective bidder as ineligible and shall
disqualify it from submitting a bid or from obtaining an award or contract.
September
2007
Page 97 of 224
Further, even if Contractor A posted a credit line enough to compensate for the difference in
its NFCC and the projects ABC, the BAC, in the first place, should not have accepted the
credit line as this is tantamount to an improvement in the qualification / bid of Contractor A,
and in the second place, the eligibility requirement from a bidder as proof of its capacity to
absorb additional obligations in connection with the contract and to finance its implementation
and completion is a choice among the NFCC, or a credit line or a cash deposit, and not a
combination of the three.
Lastly, Contractor A should even be penalized in accordance with IRR-A Section 65.3 for
submitting false information. This
Submitting eligibility requirements of whatever kind and nature that contain false information
or falsified documents calculated to influence the outcome of the eligibility screening process
or conceal such information in the eligibility requirements when the information will lead to a
declaration of ineligibility from participating in public bidding.
If proven to be guilty of the above, the bidder may be penalized with imprisonment of not less
than six (6) years and one (1) day, but not more than fifteen (15) years.
At this point, the BAC should have disqualified Contractor A despite a) its apparent capability
to undertake the contract as is shown by its other submitted requirements such as lists of
personnel and equipment and its good track record; b) its bid being the lowest; and c) its
closeness to the Congressman, which does not have a bearing on the bidding process.
While the three points above may be difficult to ignore, we add the following arguments. On
the first point, it must be clear in the minds of the BAC that the reason for having an Eligibility
Check / Screening prior to the submission of Bids is to allow the BAC to sift among the many
interested bidders and deal only with those that are eligible, based on some pre-set criteria,
in the first place. Thus, if a bidder is not eligible, the BAC should not think twice about
disqualifying it even if it appears to be capable based on its technical and / or financial
envelopes. The advantage of having this kind of a step-by-step procedure is that it minimizes
discretion of the BAC and thus saves/protects it from having to face dilemmas of this sort.
On the second point, since Contractor A submitted the lowest bid at P8.5 million and while
this bid is recalculated to be P 9.0 million, if the contract is awarded to it, then the
government would have to shell out only P8.5 million (IRR-A Section 37.1). Since the second
lowest bid is P9.1 million, it would understandably be difficult for the BAC to simply forget
about the potential P600,000 savings. However, again, it has to be emphasized that its bid
shall have to be disqualified simply because it is not eligible to participate.
On the third point, if Contractor A was being endorsed by the Congressman because it is a
provincial bidder, and the Congressman invokes the preferential treatment granted to
provincial bidders in IRR-A Section 45, still the BAC should not award the contract to
Contractor A, because it is not eligible to participate in the bidding.
Thus, the BAC has to award the contract to the bidder which submitted the second lowest bid
among all the others who have been found eligible, Contractor B.
While Contractor B has had a negative slippage of 12% in his other projects, the eligibility
requirement on track record only requires that the negative slippage, if any, not be more than
15%. Further, while the owner of Contractor B is a first cousin of the BAC Chairman, it is
still not in violation of IRR-A Section 47 that prohibits participation of bidders related to the
BAC within the third civil degree. Being a cousin means that he is a fourth degree relative.
September 2007
Page 98 of 224
Company
Company
Company
Company
Company
Company
Company
Company
A
B
C
D
E
F
G
X
90.5 points
85.5 points
75.5 points
69.5 points
69.0 points
68.5 points
51.5 points
49.5 points
The BAC deliberated on the number of firms to include in the shortlist and agreed to have a
shortlist of six (6) firms. All 6 firms were informed of their inclusion in the shortlist through a
letter dated 22 December 2003 and signed by the BAC Chairman. A request for proposal
(RFP) was forwarded to the 6 firms on 23 December 2003 stating, among others, the place
and deadline for the submission of the technical and financial proposals.
A pre-bid conference was scheduled on 13 January 2004 while the deadline for submission of
technical and financial proposals was on 23 January 2004, 10:00 a.m. at the Conference
Room at the 3rd floor of the agencys building.
The BAC made attendance of the 6 firms in the pre-bid conference to be mandatory, failure to
attend being a ground for disqualification of the firm. All 6 firms attended the pre-bid
conference and the minutes of the pre-bid conference were issued to the 6 bidders on 16
January 2004.
Five of the six firms submitted their technical and financial proposals on or before 23 January
2004, 10:00 a.m. deadline at the 3rd floor Conference Room. The sixth firm (Company F)
arrived at the 3rd floor Conference Room at 10:03 a.m. and insisted that its technical and
financial proposals be accepted as they were in the building at 9:57 a.m. as recorded in the
security guards logbook. The BAC decided to accept the technical and financial proposals of
Company F.
The BAC started opening the technical envelopes of the six firms at the time indicated in the
RFP to determine the presence of the required technical documents. All the firms, except
Company F, submitted all the required technical documents. Company F was declared
September 2007
Page 99 of 224
disqualified by the BAC for failure to pass all the technical requirements. After agreeing with
the declaration of the BAC on its disqualification, Company F accepted its financial proposal
that was returned unopened by the BAC.
Prior to the detailed evaluation of the technical documents submitted by the five technically
complying firms, the BAC deliberated on the sub-criteria and the corresponding weights. The
general criteria were further subdivided to more appropriately consider the requirements of
the project. Based on the approved criteria, the BAC rated the five firms, resulting in the
following rankings:
1)
2)
3)
4)
5)
Company
Company
Company
Company
Company
A
B
C
D
E
88.5 points
81.5 points
71.5 points
68.0 points
65.5 points
The BAC sent a letter to Company A dated 16 February 2004 informing the firm that it
submitted the highest rated bid and inviting it for contract and financial negotiations on 19
February 2004 at 9:00 a.m. The authorized representative of Company A met with the BAC
and discussed, among others, its financial proposal. Upon opening of the financial proposal of
Company A, the submitted bid price was read as P6,800,000, exceeding the ABC by
P300,000. The BAC checked the calculation of company A and it determined the correct bid
price to be P6,550,000, still exceeding the ABC by P50,000. Company A offered a discount of
P50,000 so that the cost of its financial proposal shall not exceed the ABC. The BAC satisfied
with the high technical score obtained by Company A, accepted the discount offered.
Negotiations were successfully completed on 20 February 2004. Company A was considered
to have submitted the highest rated and responsive bid after its successful post-qualification
on 27 February 2004.
The BAC will deliberate on the award of contract. What steps, if any, are not consistent with
the provisions of the IRR-A relating to the procurement of consulting services?
Analysis:
While the IAEB was advertised twice in a newspaper of general nationwide circulation, Section
21.2.1.a of the IRR-A provides that there should be a minimum period of six (6) days in
between publications. The BAC had a shorter period of five (5) days for disseminating the
procurement opportunity for consulting services.
The request for reconsideration by Company X, which was declared by the BAC to be
ineligible, should not have been favorably considered by the BAC as it was filed eight (8) days
after it received the notice of ineligibility. Section 24.13 provides that prospective bidders
found ineligible have seven (7) calendar days upon written notice within which to file a
request for reconsideration with the BAC.
During the pre-procurement conference, the BAC should have already determined the number
of shortlist of consultants as provided in Section 24.15.2. Said Section further provides that
(s)hould less than the required number apply for eligibility and shortlisting, pass the
eligibility check, and/or pass the minimum score required in the shortlisting, the BAC shall
consider the same. Determining the number of shortlist and the minimum score during
actual shortlisting gives the BAC the opportunity to have a lesser or larger number of
shortlist, from three (3) to seven (7), to favor a preferred firm if it wishes to.
The BAC is a recommendatory body. It should have obtained the approval of the head of the
procuring entity for its recommended shortlist before inviting all the firms in the shortlist to
submit proposals, as provided in Section 24.15.4.
Section 22.2 provides that attendance to the pre-bid conference should not be mandatory/
and should be conducted at least twelve (12) days before the deadline for the submission and
receipt of bids. Conducting it ten (10) days before the deadline may not give the shortlisted
bidders enough time to revise their proposals if these were affected by agreements reached
September 2007
during the pre-bid conference. To be binding on both parties, any agreements reached during
the pre-bid conference should be stated in writing and issued as a Supplemental/Bid Bulletin.
The technical and financial proposals of Company F should not have been accepted by the
BAC as these were submitted at the designated place, which is the 3 rd floor Conference Room
of the agencys building and not just any place, beyond the deadline. Section 25.2 provides
that (b)ids submitted after the deadline should not be accepted by the BAC.
The evaluation criteria for the technical proposals should also have been agreed upon by the
BAC during the pre-procurement conference. Although the BAC has not yet started evaluating
the technical proposals when it finalized the evaluation criteria and could claim that they did
not skew the criteria to favor a particular bidder, a losing bidder can exploit the situation and
complain otherwise.
When the BAC calculated the cost of the financial proposal of Company A and determined that
it exceeded the ABC, it should have disqualified Company A at this point as Section 31
provides that the ABC shall be the upper limit or ceiling for acceptable bid prices. The discount
offered by Company A should not have been accepted as this is tantamount to an
improvement of bid. Since Company A should have been disqualified, Company B should be
invited by the BAC for negotiations as it has the second highest technical score. If
negotiations and post-qualification were successful, Company B would be determined to have
submitted the Highest Rated and Responsive Bid, and recommended for award of contract.
September 2007
ANNEX A
Acronyms
September 2007
Acronyms
ABC Approved Budget for the Contract
ABM Agency Budget Matrix
ACCTG - ACCOUNTING
AFP Armed Forces of the Philippines
AFPCC AFP COMMAND CENTER
AFPCES AFP COMMISSARY AND EXCHANGE SERVICE
AFPCGSC AFP COMMANDING GENERAL STAFF COLLEGE
AFPCIG AFP COUNTER INTELLIGENCE GROUP
AFPDSC AFP DENTAL SERVICE COMMAND
AFPFC AFP FINANCE CENTER
AFPJSOG AFP JOINT SPECIAL OPERATIONS GROUP
AFPMC
September
2007
September 2007
September 2007
September 2007
ANNEX B
Glossary
Glossary
Abstract of Bids The corresponding document prepared by the BAC after all bids have
been received, opened, examined, evaluated and ranked.
Abstract of Bidding Documents A summary containing general information on the
procurement at hand that is posted in the G-EPS.
Advance payment Refers to any payment made prior to the delivery and acceptance of
Goods, Works, or Consulting Services.
Amendment to Order refers to any change within the general scope of the contract, in
any of the following aspects: drawings, design or specifications of the Goods; the method of
shipment or packing; the place of delivery; scope of work or services to be rendered; the
place of performance of the services; additional items needed and necessary for the
protection of the Goods procured, which were not included in the original contract; or any
other change affecting the specifications or scope of work of the Goods and/or services to be
procured.
Approved Budget for the Contract The budget for the contract duly approved by the
head of the procuring entity, as provided for in the General Appropriations Act (GAA) and/or
continuing appropriations, in the case of national government agencies (NGAs); the corporate
budget for the contract approved by the governing board, pursuant to Executive Order No.
518, series of 1979 (E.O. 518), in the case of GOCCs and GFIs, and Republic Act No. 8292
in the case of SUCs; and the budget approved by the Sanggunian in the case of LGUs.
BAC The Bids and Awards Committee, established in accordance with Rule V of the IRR-A of
R.A. 9184.
Bid A signed offer or proposal to undertake a contract submitted by a bidder in response to
and in consonance with the requirements of the bidding documents. Also referred to as
Proposal and Tender, particularly when referring to the procurement of consulting services.
Bid Evaluation The process of determining the Bidder with the Lowest Calculated Bid (LCB)
or the Highest Rated Bid (HRB).
Bid Opening Date The date specified in the IAEB for the opening of bids.
Bid Security Cash, check, bank draft, letter of credit, bank guarantee, surety bond or a
foreign government guarantee that serves as a guarantee that the successful bidder shall not
default on his offer, and shall enter into contract with the Procuring Entity and furnish the
performance security.
Bid Validity A reasonable period determined by the head of the Procuring Entity concerned,
but in no case shall exceed one hundred twenty (120) calendar days from the date of the
opening of bids, wherein a Bid Security is considered valid.
Bidder An individual or entity that submits a bid. The term includes anyone acting on behalf
of the individual or other entity that submits a bid, such as agents, employees, and
representatives. More specifically, a contractor, manufacturer, supplier, distributor and/or
consultant competing for the award of a contract in any government procurement. See
Eligible bidder, Prospective bidder.
Bidding Documents. The documents issued by the procuring entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the
infrastructure projects, goods and/or consulting services required by the procuring entity.
Blacklisting To place on, or as if on, a list of persons or organizations that have incurred
disapproval or suspicion or are to be boycotted or otherwise penalized.
September 2007
Brand Name A trade name or product name, which identifies a product as having been
made by a particular manufacturer.
Calculated bid price The price of a bid, after taking into account minor arithmetical
corrections to consider computational errors, omissions and discounts, if allowed.
Civil Works See Infrastructure Projects.
Collusion An agreement between two or more persons, to commit acts to accomplish a
fraudulent or deceitful purpose.
Common-Use Supplies Goods, materials and equipment that are repetitively used in the
day-to-day operations of procuring entities in the performance of their functions, which are
included in the Price List of the Procurement Service (PS) of the Department of Budget and
Management (DBM).
Competitiveness A principle in Government procurement that allows broad participation by
eligible and qualified suppliers, contractors, consultants to put forward offers for a project.
Competitive Bidding A method of procurement which is open to participation by any
interested party and which consists of the following processes: advertisement, pre-bid
conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation
of bids, post-qualification, and award of contract. Also referred to as Public Bidding.
Communication costs mail and fax costs, plus cost of advertising, meetings, internet/web
posting, and other costs incurred for the dissemination of information about the bidding.
Conference Notice A formal written communication sent to the participants of the
conference (such as the Pre-procurement, Pre-bid and Post-Award Conference) informing
them when and where the conference will be held.
Conflict of Interest Refers to a clash between public interest and the private pecuniary
interest of the individual concerned (Blacks law Dictionary, 5th ed.)
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: (i) advisory and review services; (ii) pre-investment or
feasibility studies; (iii) design; (iv) construction supervision; (v) management and related
services; and (vi) other technical services or special studies. (IRR-A Sec. 5 i of RA 9184)
Consolidated Blacklisting Report A report issued by the GPPB that contains a list of
people and/or organizations that are barred from participating in any Government
procurement project.
Consulting Services 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: (i) advisory and review services; (ii) pre-investment or feasibility studies; (iii)
design; (iv) construction supervision; (v) management and related services; and (vi) other
technical services or special studies.
Contract Completion Project sign-off or acceptance of the project/goods by the end-user.
Contract Implementation The execution of a contract, covering the following milestones:
effectivity of the contract; contractors performance of his contractual obligations; procuring
entitys performance of its contractual obligations, as specified in the Contract; final
acceptance or project sign-off; all other related activities; and payment by the Procuring
Entity.
Contractor One who undertakes to perform a work or service, or supply goods for a public
or private entity.
September 2007
September 2007
September 2007
Motion for Reconsideration In procurement, it is an application made to the BAC for the
purpose of obtaining a rule or order setting aside a previous decision.
Negotiated Procurement An alternative method of procurement of goods, infrastructure
projects and consulting services, whereby the procuring entity directly negotiates a contract
with a technically, legally and financially capable supplier, contractor or consultant.
Notice of Award The document issued by the Head of the Procuring Entity to the bidder to
whom the contract is awarded.
Notice of Eligibility The document issued by the BAC to the eligible bidder/s formally
informing the same that he/she/they met the eligibility requirements issued by the procuring
entity.
Notice of Ineligibility The document issued by the BAC to the bidder/s who failed to meet
any or all of the eligibility requirements issued by the procuring entity.
Notice of Post-qualification The document issued by the BAC to the bidder with LCB
whose bid is found responsive.
Notice of Post-disqualification The document issued by the BAC to the bidder with LCB
whose bid is found non-responsive.
Notice to Proceed The document issued by the Head of the Procuring Entity to the winning
bidder to proceed with the implementation of the contract.
Observer One who is invited to attend and observe all stages of the procurement,
especially: the pre-bid conference; opening of bids; bid evaluation; post-qualification;
contract award; and special meetings of the BAC.
Patent Defect A defect that is apparent to the buyer on normal observation. An apparent
or obvious defect.
Performance Security A security posted by the winning bidder to guarantee the faithful
performance by the same of its obligations under the contract prepared in accordance with
the bidding documents.
Portal A website that integrates a wide variety of contents for the purpose of attracting and
aggregating multiple users together in a central virtual space.
Post-qualification The process of validating and verifying the documents, information and
statements made in the Eligibility Documents by the Bidder who submitted the Lowest
Calculated Bid, as well as ascertaining the said Bidders compliance with the legal, financial
and technical requirements of the bid.
Post-qualification Report The report prepared by the TWG containing the findings/results
of the post-qualification conducted on the bidder with the LCB or HRB, as the case may be.
Pre-bid Conference is the forum where the Procuring Entitys representatives and the
Prospective Bidders discuss the different aspects of the procurement at hand.
Pre-procurement Conference is the forum called by the BAC for procurements
undertaken through public bidding, where all officials involved in the procurement meet and
discuss all aspects of the transaction, including the technical specifications, the Approved
Budget for the Contract (ABC), the applicability and appropriateness of the recommended
method of procurement and the related milestones, the bidding documents, availability of the
pertinent budget release for the project / contract, among others.
Procurement The acquisition of Goods, Consulting Services, and the contracting for
Infrastructure Projects by the Procuring Entity. Procurement shall also include the lease of
goods and real estate. With respect to real property, its procurement shall be governed by
the provisions of R.A. 8974 and other applicable laws, rules and regulations.
September 2007
Procurement Observation Report The report submitted by the Observer to the Head of
the Procuring Entity, based on the procurement checklist.
Procurement Unit Refers to the organic office of the Procuring Entity that carries out the
procurement function.
Procuring Entity Any branch, constitutional commission or office, agency, department,
bureau, office, or instrumentality of the Government, including GOCC, GFI, SUC and LGU
procuring Goods, Consulting Services and Infrastructure Projects.
Project Management Office The unit/office/department of the procuring entity that is
primarily responsible for implementing and managing a project.
Proposal See Bid.
Protest A formal declaration made by a person interested or concerned in some act to be
done, or already performed, whereby he expresses his dissent or disapproval, or affirms the
act against his will. The object of such declaration is usually to save some right which would
be lost to him if his implied anent could be made nil, or to exonerate himself from some
responsibility which would attach to him unless he expressly negatived his assent. (Blacks
Law Dictionary, 5th Ed.)
Provincial bidder A contractor who participates in the bidding of provincial priority
programs and infrastructure projects as defined in Section 44 of the IRR-A of RA 9184, and
whose principal office is within the same province.
Public Bidding See Competitive Bidding.
Public Monitoring A principle in Government procurement
Repeat Order An alternative method of procurement of goods from the previous winning
bidder, whenever there is a need to replenish goods procured under a contract previously
awarded through Competitive Bidding.
Reproduction cost labor, supplies and equipment rental costs incurred in the reproduction
of the documents.
Request for Clarification A written request submitted by the bidder to the BAC, asking
the latter to clarify a particular provision of the Bidding Documents.
Request for Proposal A written request for proposals concerning goods or services the
government intends to acquire by means of Competitive Bidding. The solicitation document
used in Competitive Bidding. The procedure allows changes to be made after other proposals
are opened and contemplates that the nature of the proposals and/or prices offered will be
negotiated prior to award.
Shopping An alternative method of procurement of goods whereby the procuring entity
simply requests for the submission of price quotations for readily available off-the-shelf goods
or ordinary/regular equipment to be procured directly from suppliers of known qualifications.
Single source procurement See Direct Contracting.
Spare parts Refer to extra components, equipment, tools, instruments or parts of
machinery or apparatus that replace the ones that are damaged or worn out.
Specification A description of what the purchaser requires and what a bidder must offer.
Splitting of Contracts The act of dividing or breaking up government contracts into
smaller quantities and amounts. It also is the act of dividing contract implementation into
artificial phases or sub-contracts.
Both actions are for the purpose of evading or
circumventing the requirements of law and this IRR-A, especially the necessity of public
bidding and the requirements for the alternative methods of procurement. (IRR-A Section
54.1)
September 2007
Standard The established and fixed measure used in assessing quality or performance.
Subcontractor One who takes a specific part of the work undertaken by the principal
contractor. (Blacks Law Dictionary, 5th Ed.)
Submitted bid price The bid price as indicated in the financial proposal submitted by the
bidder.
Supplemental/Bid bulletin A notice issued by the Procuring Entity to Prospective Bidders
with respect to any clarifications or modifications in the Bidding Documents, including those
affecting the technical specifications, eligibility requirements, procurement schedule, and
other similar matters.
Technical Bid One of two components comprising a bid, the other being Financial Bid.
Tender See Bid.
Two-Stage Competitive Bidding Bidding process divided into two stages. In the first
stage, bidders submit only the technical bids. In the second stage, when the technical
specifications have already been well defined, the regular procedure for public bidding is
followed. This may be employed for the procurement of Goods where, due to the nature of
the requirements of the project, the required technical specifications/requirements of the
contract cannot be precisely defined in advance of bidding, or where the problem of
technically unequal bids is likely to occur.
Warranty An undertaking by the supplier, manufacturer or distributor to guarantee that it
will correct any manufacturing defects of the goods procured by the government.
September 2007
ANNEX C
Requisitioning Procedures:
a)
End-users Supply Officer prepares the Requisition and Issue Slip (RIS) and
forwards it to the concerned inventory control point (ICP). If items requested
are available, the Respective 4s shall issue an issuance directive. Otherwise,
the ICP thru SAO shall certify the non-availability of stocks.
b)
c)
Management and Fiscal Office (MFO) or its equivalent office of the End-user
issues Certificate of Funding Chargeability (CFC) for the procurement activity
of P1M and below while GHQ MFO and its counterpart in the Major Services
shall issue CFC for procurement activity above P1M.
d)
e)
2)
Procurement:
a)
b)
The TWG together with the PC or CO prepares the contract/PO/WO with inputs
from winning bidder for approval/signing by the authorized official.
c)
After the contract is finalized, contracting parties will sign the contract. Then,
Commander of Procurement Center or Contracting Office signs Box A of the
Obligation Slip (OS) and forwards to MFO. (OS Form Annex C)
d)
The MFO or its equivalent fiscalizes and signs Box B of the OS and forwards
contract to the approving authority.
e)
September 2007
3)
f)
g)
The supplier delivers the items to the AFPPS (PC or CO) or ICP in accordance
with the contract.
h)
The SAO/RSO of AFPPS receives items for safekeeping and notifies Technical
Inspection and Acceptance Committee (TIAC) and MFO for inspection of
delivery.
i)
The TIAC ensures that the items delivered are in accordance with the
specifications stipulated in the procurement documents. The TIAC accepts the
items and forwards the acceptance report to Procurement Center or
Contracting office.
j)
At the same time, the MFO inspects the items delivered and prepares a
corresponding report to be submitted to Procurement Center or Contracting
Office. Inspection and Acceptance may be done simultaneously by TIAC and
MFO.
k)
l)
m)
Payment
a)
Upon receipt of SAO Acceptance Report and Inspection Report from MFO and
TIAC, the Procurement Centers or Contracting Offices prepare the
Disbursement Voucher (DV), attach the obligation slip (OS) and other
pertinent documents and
forward to Accounting Center or its equivalent
office for availability of cash.
b)
c)
Finance Center prepares and signs check and advise of check issued and
cancelled (ACIC) then forwards DV to PC or CO for approval, which in turn,
approves and signs Box B of the DV/countersigns check.
d)
The Finance Center/Office releases the check to the supplier and in return the
supplier issues an Official Receipt.
e)
Preparation/Approval of
APP/PPMP
September 2007
Preparation/Approval of APP/PPMP
1)
End-user Units Logistics Office prepares its respective PPMP/APP in accordance with
the prescribed format as shown in Annex A. Units under Program 4 submit their
PPMP/APP in three (3) copies to J4 with e-copy for consolidation and review prior to
submission to GHQ BAC1 following the timelines for the preparation/submission of the
APP, hereto attached as Annex B. For Units Logistics Office under the Major
Services, submit PPMP/APP to Major Svc 4s, which in turn, forwards to GHQ BAC 1 in
three (3) copies with e-copy.
2)
3)
4)
5)
6)
ANNEX C-3
Amendment of APP
Amendment of APP
1)
2)
3)
End-user forwards the request and other supporting documents for the amendment of
its APP for review/evaluation of GHQ BAC 1 and approval by CSAFP.
J4 endorses the recommendation of GHQ BAC 1 to CSAFP for
approval/signature.
Upon approval, J4 updates its records then transmits the amended
APP to the End-user, copy furnished the GHQ BAC 1 and Under Secretary for
Operations, DND.
ANNEX C-4
Procurement Centers/
Contracting Offices
For PROCUREMENT CENTERS (PCs): The PCs are deployed in major camps, bases,
and stations of the AFP, as follows:
PA Procurement Center
PN Procurement Center
For CONTRACTING OFFICES (COs): The COs are deployed in 31 camps nationwide in
close proximity to the AFP field units, as follows:
Philippine Army
Location
Nr
Unit
101st (1ID)
102nd (2ID)
103 (3ID)
104th (4ID)
105th (5ID)
106th (6ID)
107th (7ID)
108th (8ID)
109th (9ID)
10
11
12
112th (LABde)
rd
201st
202nd
203rd
204th
September 2007
Philippine Navy
1
301st
302nd
303rd
304th
305th
306th
307th
General Headquarters
1
401st
402nd
403rd
404th
405th
406th
407th
408th
PSG
Infrastructure Contracting Office
PA Contracting Office
1
110th
111th
112th
1
PN Contracting Office
1
PN Engineering Headquarters
September 2007
At the end of each quarter, the Procurement Centers or Contracting Offices prepare
and submit the Quarterly Report of all procurement activities to GHQ BAC 1 thru
AFPPS and recommend amendment to the APP as the need arises.
2)
The GHQ BAC 1 validates the Quarterly Report of Procurement and submits the report
to J4 NLT 15th day of the month following the end of the quarter covered by the
report.
3)
J4 reviews and transmits the Quarterly Report of AFPPS to CSAFP for his notation
prior to submission to GPPB.
4)
The implementation of this procurement system shall be subject to audit by the OTIA,
AFP.
September 2007
ANNEX D
1)
The end-user unit submits PR with complete documents to the PC or CO, indicating
therein the urgency of the requirement. In case an immediate purchase is needed,
brought about by an unforeseen contingency, the same may be undertaken directly
with a supplier and charged against cash advances.
September 2007
ANNEX D-1
Procurement thru Public Bidding with an amount below P50M. The same requisitioning
procedures are to be followed under Annex C herein.
1)
PC or CO issues Bidding Request (BR) to concerned AFP BAC together with the
complete documents for the particular procurement required for the conduct of the
Public Bidding thru the BAC Secretariat.
2)
Concerned TWG of AFP BAC validates the technical specifications and present to the
AFP BAC for the preparation of the requirements in the conduct of Public Bidding.
3)
Calls for Pre-Procurement Conference with the concerned TWG and End-User
in attendance to discuss, among others, the following: preparation of bid
documents, Terms of Reference (TOR), approved APP, certification of
availability of funds, technical specifications, eligibility requirements and
schedule of Pre-Bid Conference, Submission and Opening of Bids.
b)
c)
d)
e)
f)
Evaluates and determines the lowest calculated bid (LCB)/highest rated bid
(HRB).
g)
h)
Declares the bidder with the LCRB/HRRB as the winning bidder and
recommends to approving authority based on DO#12 thru J4 or Maj Svc 4s
the award of contract to the winning bidder.
calculated
responsive
bid
4)
J4 or Maj Svc 4s endorses the recommendation of concerned AFP BAC together with
the Notice of Award (NOA) for approval/signature of the approving authority based on
DO#12.
5)
Approving Authority approves the recommendation and signs the NOA then sends
back to J4 or Maj Svc 4s.
6)
September 2007
7)
(with
suppliers
input)
for
8)
9)
10)
ANNEX D-2
September
2007
GHQ BAC 1 receives procurement request for the use of Limited Source Bidding with
supporting documents.
2)
GHQ BAC 1 evaluates the request then prepares/signs the resolution for the use of
alternative mode of procurement, and recommends same to the CSAFP (thru: J4) for
approval/signature.
3)
J4 seeks legal opinion from TJAG, if necessary, and endorses the resolution to CSAFP
for approval/signature.
4)
CSAFP approves the recommendation and signs the resolution, then sends back to J4
for implementation.
5)
6)
Concerned AFP BAC will conduct the Limited Source Bidding using the same
procedures of Public Bidding, except that only the pre-selected bidders are given the
ITAEB/ITB.
7)
September 2007
ANNEX D-3
J4 receives approved resolution for Direct Contracting and forwards same to the
Procurement Center or Contracting Office (thru channel) for implementation, copy
furnished GHQ BAC 1.
2)
3)
PC or CO thru BAC Secretariat, posts for information purposes the request for
quotation for a maximum period of 14 CD prior to sending the request for quotation in
the GEPS, the website of the procuring entity, and any conspicuous place in the
premises of the procuring entity.
4)
5)
6)
If a pre-
September 2007
ANNEX D-4
September 2007
J4 receives approved resolution for Repeat Order (RO) and forwards same to the
Procuring Unit or Contracting Office (thru channel) for implementation, copy furnish
GHQ BAC 1.
2)
PC or CO confirms the RO with the previous supplier, and proceeds within the
preparation of the supplemental contract and PO, using the tech specs in the bidding
documents used in the previous bidding.
3)
4)
5)
6)
7)
Supplier delivers the items to AFPPS (PC or CO) or ICP in accordance with the
contract.
8)
September2007
ANNEX D-5
J4 receives approved resolution for Negotiated Procurement and forwards same to the
Procurement Center or Contracting Office (thru channel) for implementation, copy
furnish GHQ BAC 1.
2)
3)
4)
5)
6)
7)
8)
The contract will be reviewed by TJAG or its Major Service counterparts prior to its
approval/signature by the approving authority.
9)
10)
Supplier delivers the items to the AFPPS (PC or CO) or ICP in accordance with the
contract.
11)
September
2007
2.
The Contracting Office receives the PR, and the following documentary requirements:
2.1.a
2.1.b
2.1.c
2.1.d
2.1.e
CO-IP
consolidates
procurement
documents
for
negotiated
procurement.
CO-IP selects a previous supplier/contractor/consultant of the AFP of
good standing or supplier/contractor/consultant of good standing
within the locality in coordination with the PRAD.
C3
prepares
Letter
of
Invitation
to
the
selected
supplier/contractor/consultant.
September 2007
September
2007
ANNEX D-6
1)
2)
J4 forwards PR to CSAFP for approval and signature on the Letter to SND for the DND
BAC to conduct Public Bidding or issue a resolution for the use of alternative mode of
procurement.
3)
The DND BAC undertakes the Public Bidding, gives authority to the AFP for the use of
alternative mode of procurement or undertakes the alternative mode of procurement,
as the case may be.
4)
Upon issuance of the Notice of Award by SND or CSAFP (if delegated by SND) the
AFP, through the concerned Procurement Center together with TWG and supplier,
prepares the contract for approval/signature of SND, and issues the NTP upon
approval of the contract.
5)
Supplier, upon receipt of the approved contract and NTP, delivers the items to the
AFPPS (PC or CO) or ICP in accordance wit the contract.
September 2007
ANNEX D-7
Upon receipt of certification from concerned SAO at their level on the non-availabilityin-stocks of requested items, requesting Unit fills-up the Agency Procurement Request
(APR) Form prescribed by PS DBM and forwards to the approving authority based on
DO#12 thru Logistics Staff Office (LSO) for signature and in turn, submits APR to
PSDBM.
2)
Once the APR has been approved, LSO forwards approved APR together with the
approved APP, PR, CFC and SAO certificate of non-availability of stocks to PC or CO
for the preparation of disbursement Voucher (DV) to facilitate the fund transfer to PS
DBM.
3)
b)
c)
J4 forwards the duly approved APR to PC or CO who will serve APR to PS DBM.
d)
4)
5)
PS DBM together with the supplier facilitates the delivery of items to the AFPPS or
end-users ICP in accordance with the contract, which in turn, receives the items for
safe keeping.
6)
7)
Concerned TIAC together with PS DBM and MFO representative/s inspects/accepts the
items and furnishes acceptance report to PC or CO for reference and documentation.
8)
9)
September, 2007
ANNEX E
Chairman, who is at least a third ranking permanent officer of the Armed Forces of the
Philippines;
2.
An officer, who is at least a fifth ranking permanent officer of the Armed Forces of the
Philippines, with knowledge, experience, and/or expertise in procurement and, to the
extent possible, represents the legal or administrative area of the Armed Forces of the
Philippines;
3.
An officer, who is at least a fifth ranking permanent officer of the Armed Forces of the
Philippines, and, to the extent possible, represents the finance area of the Armed Forces of
the Philippines;
Provisional members:
4.
An officer of the subordinate unit of the Armed Forces of the Philippines to which the
procurement pertains, who has technical expertise relevant to the procurement at hand,
and, to the extent possible, has knowledge, experience, and/or expertise in procurement;
and
5.
A representative from the end user unit who has knowledge of procurement laws and
procedures.
September 2007
The members of the BAC, including the Chairman and the Vice-Chairman, shall be designated by
the Chief of Staff of the Armed Forces of the Philippines. Moreover, the Vice-Chairman shall be
selected from among the regular members of the BAC.
Section 3. BAC Secretariat; Technical Working Group. The Chief of Staff of the Armed Forces of the
Philippines shall create a Secretariat which shall serve as the main support unit of the BAC. He
may designate an existing organic office within the GHQ to serve as Secretariat. However, he may
reorganize any relevant unit within the GHQ by designating it as a BAC Secretariat and redeploying
appropriate existing personnel to it to perform this function, as well as procurement related tasks.
The Head of the BAC Secretariat shall be at least a fifth ranking permanent employee.
The BAC shall be supported by a Technical Working Group. For this purpose each subordinate unit
of the Armed Forces of the Philippines shall maintain a pool of technical, financial and legal
experts, which pool may be called upon by the. BAC, depending on the type of procurement
involved, to assist in the procurement process, particularly in the review of bidding documents, in
the eligibility screening, evaluation of bids and post-qualification.
Section 4. This Executive Order takes effect immediately.
11 September 2003
By the President:
September 2007
September 2007
September 2007
September 2007
ANNEX F
September 2007
September 2007
September 2007
September 2007
September 2007
September 2007
September 2007
Annex G
_____________________________________
ROMULO L.NERI
Director General
National Economic and Development Authority
_____________________________________
NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY
_____________________________________
DEPARTMENT OF NATIONAL DEFENSE
_____________________________________
DEPARTMENT OF EDUCATION
_____________________________________
DEPARTMENT OF HEALTH
_____________________________________
_____________________________________
September 2007
DEPARTMENT OF ENERGY
_____________________________________
DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS
_____________________________________
DEPARTMENT OF FINANCE
_____________________________________
DEPARTMENT OF TRADE AND INDUSTRY
_____________________________________
DEPARTMENT OF SCIENCE AND
TECHNOLOGY
_____________________________________
DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS
_____________________________________
PRIVATE SECTOR REPRESENTATIVE
Attested by:
____________________________________
RUBY U. ALVAREZ
Board Secretary, GPPB
Executive Director, GPPB-TSO
September 2007
2.0
Definition of Terms
For purposes of these guidelines, the following terms shall be defined as follows:
2.1
2.2
2.3
Job-Contractor refers to a person or entity who carries out, under his own
responsibility, supervision and control, the performance or completion of a
specific job, service or work which has been farmed out by another for the
latters benefit.
2.4
2.5
2.6
2.7
2.8
September
3.0
3.2
b.
The criteria for evaluating the track record and capability of implementing
agencies shall be in accordance with the guidelines to be issued by the
Department of Public Works and Highways in consultation with the leagues
enumerated under the Local Government Code.
3.3
3.5
September
4.0
3.6
3.7
Pakyaw labor shall be drawn from the vicinity of the project, or Pakyaw labor
groups belong to various Barangay Associations contiguous to the project site.
Unskilled labor should be drawn from the Barangay where the project is
located; semi-skilled labor shall be recruited within the municipality,
preferably within the Barangay; skilled labor shall be recruited within the
province but preferably within the Barangay/Municipality.
4.2
The formation of Pakyaw Groups should actively involve the Barangay leaders
and the community. A Project Facilitator (PF) shall be appointed by the
implementing agency to assist in the organization of the Pakyaw Groups and
in the preparation of the Pakyaw Contracts. The PF shall, for purposes of
informing the community of the project and of organizing pakyaw groups,
shall convene community meetings, with the assistance of the Barangay
Chairperson/s. The PF shall cause the registration of all unemployed or
underemployed members of the community who are interested to join Pakyaw
groups being formed for the project.
4.3
The Pakyaw workers should be formed into groups of workers based on the
lump sum works. In case of competitive selection, pakyaw groups which were
not selected for a particular lump sum work may choose to compete for other
works requiring pakyaw groups.
4.4
Where there is competition for the award of Pakyaw works, the pakyaw labor
contract shall be awarded through competitive selection with at least three (3)
Pakyaw Groups participating. There is deemed to be a competition for the
award of pakyaw contracts when the number of laborers who registered
during the community meeting is more than what is reasonably needed for
the lump sum work required under the project. The competitive selection shall
be done on a per-output basis. And the winner(s) shall be determined based
on what group(s) undertake(s) to deliver the desired output at the lowest
rate, either per item of output or per lump sum work, within the required
period.
4.5
For purposes of Item 4.4 hereof, the number of members per group shall be
determined by the Project Facilitator to ensure that at least three Pakyaw
Groups are organized for the competitive selection. The determination by the
Project Facilitator of the number of members per Pakyaw Group shall be
exercised with regard to the objective of providing work to as many laborers
as possible.
4.6
A Group Leader shall be elected from among the members of the group who
shall be the signatory to the Pakyaw Contract and any other documents
pertaining to the work on behalf of the Pakyaw Group. He may be replaced at
any time by the group through an election for that purpose, after due notice
to the Project Facilitator and the Barangay Chairperson. Any such replacement
shall not invalidate any previous Pakyaw Contract.
4.7
September
The amount of a pakyaw labor contract per project shall not exceed Five
Hundred Thousand Pesos (P500,000.00) per pakyaw group.
Repealing Clause
This set of guidelines repeals GPPB Resolution 13-2005 approving and adopting the
Guidelines for the Implementation of Infrastructure Projects through Negotiated
Procurement under Sec. 54.2 (d) of IRR-A of RA 9184 and by Administration.
7.0
Effectivity
These Guidelines or any amendments hereto shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general nationwide circulation
and upon filing with the University of the Philippines Law Center of three (3) certified
copies of these guidelines.
September
NNEX H
September
September
September
September
September
ANNEX I
September
shall be purchased if the same are not being used by the armed forces in the
country of origin or used by the armed forces of at least two countries:
Provided, finally, That no supply contract shall be entered into unless such
contract provides for, in clear and unambiguous terms, and after-sales services
and the availability of spare parts.
This resolution shall take effect immediately.
APPROVED this 6th day of December, 2006 at Pasig City, Philippines.
_____________________________________
ROLANDO G. ANDAYA, JR.
Secretary
Department of Budget and Management
_____________________________________
ROMULO L. NERI
Director General
National Economic and Development Authority
_____________________________________
NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY
_____________________________________
DEPARTMENT OF NATIONAL DEFENSE
_____________________________________
DEPARTMENT OF EDUCATION
_____________________________________
DEPARTMENT OF HEALTH
_____________________________________
DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT
_____________________________________
DEPARTMENT OF ENERGY
_____________________________________
DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS
_____________________________________
DEPARTMENT OF FINANCE
_____________________________________
DEPARTMENT OF TRADE AND INDUSTRY
_____________________________________
DEPARTMENT OF SCIENCE AND
TECHNOLOGY
_____________________________________
DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS
_____________________________________
PRIVATE SECTOR REPRESENTATIVE
Attested by:
____________________________________
RUBY U. ALVAREZ
ANNEX J
th
day of
September 2007
_____________________________________
ROMULO L. NERI
Secretary
Department of Budget and Management
_____________________________________
AUGUSTO B. SANTOS
Director General
National Economic and Development Authority
_____________________________________
NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY
_____________________________________
DEPARTMENT OF NATIONAL DEFENSE
_____________________________________
DEPARTMENT OF EDUCATION
_____________________________________
DEPARTMENT OF HEALTH
_____________________________________
DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT
_____________________________________
DEPARTMENT OF ENERGY
_____________________________________
DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS
_____________________________________
DEPARTMENT OF FINANCE
_____________________________________
DEPARTMENT OF TRADE AND INDUSTRY
_____________________________________
DEPARTMENT OF SCIENCE AND
TECHNOLOGY
_____________________________________
DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS
_____________________________________
PRIVATE SECTOR REPRESENTATIVE
Attested by:
____________________________________
JOSE MARTIN C. SYQUIA
Board Secretary, GPPB
Executive Director, GPPB-TSO
September
ANNEX K
NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT
PROCUREMENT POLICY BOARD, by virtue of the powers vested in US by law, hereby RESOLVE to
approve and adopt the GUIDELINES ON THE USE OF ORDERING AGREEMENT UNDER THE
GOVERNMENT PROCUREMENT REFORM ACT, attached hereto as Annex A.
This resolution shall take effect immediately.
APPROVED this 1st day of April, 2005 at Pasig City, Philippines
_____________________________________
EMILIA T. BONCODIN
Secretary
Department of Budget and Management
_____________________________________
ROMULO L. NERI
Director General
National Economic and Development Authority
_____________________________________
NATIONAL ECONOMIC AND DEVELOPMENT
AUTHORITY
_____________________________________
DEPARTMENT OF NATIONAL DEFENSE
_____________________________________
DEPARTMENT OF EDUCATION
_____________________________________
DEPARTMENT OF HEALTH
_____________________________________
DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT
_____________________________________
DEPARTMENT OF ENERGY
_____________________________________
DEPARTMENT OF PUBLIC WORKS AND
HIGHWAYS
_____________________________________
DEPARTMENT OF FINANCE
_____________________________________
DEPARTMENT OF TRADE AND INDUSTRY
_____________________________________
DEPARTMENT OF SCIENCE AND
TECHNOLOGY
_____________________________________
DEPARTMENT OF TRANSPORTATION AND
COMMUNICATIONS
_____________________________________
PRIVATE SECTOR REPRESENTATIVE
Attested by:
____________________________________
JOSE MARTIN C. SYQUIA
Board Secretary, GPPB
Executive Director, GPPB-TSO
2.
PURPOSE
These guidelines are formulated to meet the following objective:
To prescribe the procurement rules and procedures to govern situations wherein the
procurement by the national government, its departments, bureaus, offices and
agencies, including state universities and colleges, government-owned and/or
controlled corporations, government financial institutions and local government units
necessitate entering into ordering agreements for parts of unknown quantity; and it is
inadvisable for said procuring entity to carry it on stock or commit to purchase a
certain quantity within a given period.
3.
DEFINITION OF TERMS
a.
b.
c.
d.
e.
4.
Order Agreement List. List of parts and their corresponding quantities that
by its nature have been identified to be of the type where procurement
utilizing an Order Agreement is the most practical, economical, and
advantageous for a procuring entity.
PROCUREMENT PLANNING
4.1.
4.2.
The APP shall indicate the types of items considered for inclusion in
the Order Agreement List.
4.3.
5.
4.4.
The estimated agency unit contract price per item shall be determined
after careful consideration of variables that may affect future market prices.
4.5.
4.6.
The total ABC shall be the ceiling amount for any item or a
combination of items to be purchased under the Delivery Order Contract/s.
COMPETITIVE BIDDING
5.1.
5.2.
6.
7.
5.3.
5.4.
ORDERING AGREEMENT
6.1.
Within ten (10) calendar days from receipt by the winning bidder of
the Notice of Award, the winning bidder or its duly authorized representative
shall formally enter into an Ordering Agreement with the procuring entity
concerned for an option amount of one peso to be paid by the procuring entity
as a consideration for the privilege granted to the procuring entity to buy the
items only upon its determination that it is necessary.
6.2.
6.3.
6.4.
When the procuring entity has determined the necessity for one or
more of the items covered in the Ordering Agreement, it shall require the
delivery of the line item identified in the Order Agreement List in the quantity
stated therein and at the price for which it was awarded.
The procuring entity shall execute or issue a Delivery Order Contract in favor
of the supplier to obligate the latter to make deliveries according to the terms
and conditions stated in the Ordering Agreement.
7.2.
7.3.
Should the price indicated in the Ordering Agreement, for any reason,
become higher than the prevailing market rate at the time of demand for
delivery, and the procuring entity fails to favorably negotiate for a price equal
to, or lower than, the prevailing rate, the procuring entity shall not execute or
issue a Delivery Order Contract in favor of the supplier but shall conduct
another public bidding to determine the most suitable offer.
7.4.
8.
8.2.
9.
When the total ABC for the project has been exhausted
regardless of the actual number of items procured or of the unit
quantity per item; and
ii.
EFFECTIVITY
These Guidelines or any amendments hereto shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general nationwide circulation
and upon filing with the University of the Philippines Law Center of three (3) certified
copies of these guidelines.
ANNEX L
AFP Organization
Goods
Works
Consulting
Materials Control
Fig. 1
Directorate
Overall Supervision
Director III
Supervision
units
PMO
IV
(number
dependent
procurement
size
and
degree
specialization)
Staffing
of
sub-
Division
Section
PMO IV
on
of
PMO
III
(number
dependent
procurement
size
and
degree
specialization)
PMO III
on
of
PMO III
PMO II
PMO II
PMO II
PMO I
PMO I
PMO I
Administrative Assistant
Administrative Assistant
Administrative Assistant
Aide
Aide
September 2007
Aide
Table II. Correlation of Proposed Position Titles, Qualification Standards and Certification Program Modules
Position Title
Director III
SG
Key Tasks
Qualification Standards
(27)
Bachelors degree
5 years of relevant experience
Career Service Executive Eligibility
Certified Procurement Manager
(equivalent to 560 training
hours)
Bachelors degree
3 years of relevant experience
Career Service (Professional)
Certified Procurement
Professional
(additional 320 training hours)
Bachelors degree
3 years of relevant experience
Career Service (Professional)
Certified Procurement
Practitioner in any two of areas
of specialization
(additional 160 training hours
depending on module )
Bachelors degree
1 year of relevant experience
Career Service (Professional)
Certified Procurement
Practitioner in any one:
Planning & Financial
Management
Bids and Awards
Contract Management &
Distribution
(equivalent to 160
training
Procurement
Management
Officer (PMO)
IV
(Division
Head)
(24)
Supervises
all
supply
management
functions
division
chain
of
a
PMO
III
(Section Head)
(22)
Handles
broader
aspects
of
procurement; May be assigned to
supervise all the supply chain
management functions for goods,
services, or works depending on
procurement size
Handles
several
procurement functions:
related
Financial
PMO II
(Specialist
Position)
(18)
PMO II (Planning
Reporting)
&
Program Modules
PMO I
(Specialist
Position)
(15)
Bachelors degree
1 year of relevant experience
Career Service (Professional)
Completed the Foundation
Certificate of the Professional
Public Procurement Certification
Program (equivalent to 80
training hours)
September 2007