-the process should meet public need

- while maximizing value of money; and also the utilization of government assets

-fairness

- We must be very discerning in dealing with procurement

- Tayo sa gobyerno, walang takas;
- Iniiwasan ang maaksayang pamimili; maluhong pamimili
- Bearing in mind that the more risks you ask private sector to underwrite, the more/higher cost
of service (expectedly); not for charity but to render service more efficient and to earn money;
- I had to customized Bidding rules to an LGU because kulang ang ordinance nila
- The government through EO is already required to maintain social platforms in the procurement
process (bidding; RFQ)
- For better service, there is a right price to pay;
- Lahat sumasabit sa sablay na proseso; keep this in mind, whenever you advise your clients in
procurement, dapat follow the process para walang sablay;
IRR 2016 – it continues to evolve especially now that there is a pandemic, to be able to address the
urgent needs in the midst of the pandemic;
 - Mandatory invitation on public bidding and 2 failed bids;
- Sec 65; 69 Penalties (RA 9184);

Overview of procurement:
2 stage process
1 stage and 2 stage 9sisusunod sa goods and infra

Consultancy:

Nasa sa inyo to request for a pre-selection conference (the supplier)

QBE – review technical document (quality based evaluation)

-any bid higher than the ABS, automatically DQ

HOWEVER, if Quality Cost Based Eval

-you do NOT renegotiate sa Financial in QCBE

REMEDIES
Pre Proc- opportunity for the TWG, BAC, Secretariat, to check if ready naba tayo

-Observers are not invited sa PreProc

-NO limit as to the # of Pre Proc

- Bawal mangopya ng brochure
- Ipa post ang GPPB Reso No. 15-2021 para they are forewarned
Pre bid- mandatory for ABC above 1M-

-if below 1M, discretionary;

-Unang opportunity sa tanungan;

- Opportunity of the bidder to know the HOPE

-3rd degree of consanguinity

-Sec. 47; RA 9184; ang ini-inhibit ang BIDDER;

-Remedy of the bidder; to submit written clarifications;

-Opportunity of the bAC to review; to have a second look on the TOR;

-Opportunity of the BAC to reply to the questions/issues raised on the clarifications made;

-Puede Motu proprio

-the supplemental/bid bulletin – is a collegial process signed by the BAC Chair + post

-if not posted, NO EFFECT. It will not change the bidding docs;
- BAGO ISSUE bid docs, PRE PROC;
- Issued BID DOC- PRRE BID
- When:
- Point of highest need!!!
- If you file MR, bsawal magsubmit the addl docs that will remedy your shortcoming your inferior
bid;
- Sa BAC, if you allow that (magsubmit ng addl docs), you will be answerable for manifest
partiality; kasalanan ni BAC;
- If you submit additional BAC (kasalanan ni BAC),;
- BAC could ignore your additional submissions
- Dapat DQ siya in the first place; manifest partiality ang labas ana if you allow magsubmit addl
docs during Request for Reconsideration
- No need under oath; ang requirement lang is that it should be written;
-No request for RECON, no PROTEST;

-Verified position paper;

 - Slide 24 basis for Appeal fee
- If no RR, no protest; you upset the Protest then deny it; in that way you can collect the protest
fee;

- DQ – RR denied- protest – does not prevent the BAC to conduct POST QUA sa 2 nd highest bidder;
- NOTE: NO PROTEST --- NO RTC remedy

GUIDENACE for BAC and HOPE sa PROTEST

- BAC huwag magrecommend kay HOPE if may pending protest kapa;

- HOPE – e resolve mo muna lahat ng protest na pending, bago mag approve ng award of
contract;
- Ke may protest or wala, may reservation clause ang HOPE
- DETERMINED BY THE HOPE;
- Sec 41 failure of bidding, declared by the HOPE;
- GPPB 09-2020 gave power to the BAC to declare failure of bidding;
- Sec. 35.6 IRR /RA 9184
-phasing dapat malinaw ang delineation;
Sa RA 9184 wala napong floor price; may ceiling pero walang floor price;

- If dinavan ang price, accountability ng bidder yan;

- Of that level that can influence the bidding;
-public bidding is a government process, not a culinary exercise;

-Unwarranted benefits- puede e forfeit

- If they abuse the process, impose the maximum penalty dahil hindi tayo nakikiipag ungguyan;
- Gppb reso 2017-40
- Gppb circular –
Appendix 17 of the Rules
-Check GPPB Blacklist /consolidated blacklisting report;
- Kapag naglaban ang private sector and cooperatives
- So the process, it’s one of those
- Will you apply in a regular bidding na reqt mo sa bid docs mo, DQ mo ang hindi nagcomply

- Government is not required/instructed to go out there to go out there and look for the
lowest;
- Requirement is, prepare specs;
- Consequent siya ng competition ang lowest bidder; among eligible bidders on the same spec
issued by the giovt agency;
- Hiundi automatic siya

- G.R. PS DBM all govt agencies ate required to submit to PS DBM;

- Common used supplies and equipment;
- There is a need to fintune when a third party to act as a procurement agent (like pharmaylly)
- Yung change order it’s not automatic; max is 10% prerog of agency;
- Second, may budget bay an, because laglagpas ka sa budget
- If the change order is something that could have been inslcuded in the bid (PIATCO case)

- No dapat written

- Yes
- Walang kasalanan ang mga bidders kpag 41 c; sec,35.6 c

- Yes if government owmed. GOCC

- Same rule on Local Water districts;
- The process usually yung BAC it refers to 9184, kapag JV 0- steering committee
- Unsolicited JV will have to be checked the threshold is kelan sila aakyat sa NEDA;
- If hindi lampas 150M – no need to go to NEDA
- If lagpas 150M ang contri ng OGCC/GOCC akyat sa NEDA

- That;’s fine, rememner at the time of submission of bids valid pa siya;

- The momnte you file you application for renewal submit it to PHILGEPS;
- Qualified siya provided nab ago mo e award, na e submit na niya;
-remedies are very wide ranging; can they go to court? YES;

-TFCs is mutual agreement; if agreement is not mutual then you can question the Decision to
terminate; could possibly end up to admin offenses of the HOPE;

-distinguish process between procurement and implementation;

This one is an implemenetation issue;