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PUBLIC PROCUREMENT

SPECIALIST COURSE
PROCUREMENT OF CONSULTING
SERVICES

NAME OF SPEAKER
General Overview and Definition of Key Terms

Important Considerations

Procurement Procedure

Alternative Modes of Procurement

International Practices for Procurement of Consulting

Services
GENERAL OVERVIEW
Three Categories of Government Procurement

Infrastructure Consulting
Goods
Projects Services

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Definition of Consulting Services

Services for infrastructure projects and other types of projects or


activities requiring adequate external technical and professional
expertise that are beyond the capability and/or capacity of the GoP
to undertake.
1 advisory and review services;
2 pre-investment or feasibility studies;
3 design;
4 construction supervision;
5 management and related services; and
6 other technical services or special studies.

Does not cover Janitorial, Security, Photocopying, Messengerial, and Other


General Services

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Who is a Consultant?

A natural or juridical person,


qualified by appropriate
education, training and
relevant experience to
render any or all of the types
and fields of consulting
services.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
IMPORTANT CONSIDERATIONS
Important Considerations in Hiring Consultants

Filipino First Policy (Article XII of the Constitution)

Consultant’s professional independence


Prohibition on conflict of interest

Hiring is based on proven expertise, experience and


capability

Technology and knowledge transfer to the procuring


entity shall be required in the provision of consulting
services, where applicable.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Important Considerations in Hiring Consultants

Filipino Foreign
Consultants Consultants

Hired whenever the services required Hired in the event Filipino consultants do
for the project are within their expertise not have sufficient expertise and
and capability in order to manifest trust capability to render the services required
and confidence in and promote the under the project, as determined by the
development of Filipino consultancy HOPE.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Eligible Consultants

INDIVIDUAL SOLE
PROPRIETORSHIP
Filipino citizen
Owned by Filipino citizen,
registered with the BDT

PARTNERSHIP CORPORATION
60% Owned by Filipino Citizens, 60% Owned by Filipino Citizens,
registered with the SEC registered with the SEC

COOPERATIVES JOINT VENTURE


60% Owned by Filipino Citizens, 60% Filipino-owned
registered with the CDA

Section 24.3.1 of the 2016 Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Conflict of Interest

Consultancy assignment is in conflict with prior or current


obligations to other clients and Consultant is unable to carry
out the assignment in the best interest of the procuring entity.

Examples of Conflict

Conflict between consulting activities and


procurement of goods or works

Conflict among consulting assignments

Relationship with the procuring entity’s staff

(See Section 47.2(f-j) of the 2016 Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Conflict of Interest

Sec. 47.2(f-j), 2016 IRR of RA 9184

f) A bidder participated as a consultant in the preparation of the design or


technical specifications of the Goods and related services that are the
subject of the bid;
g) A bidder lends, or temporarily seconds, its personnel to firms or
organizations which are engaged in consulting services for the
preparation related to procurement for or implementation of the project, if
the personnel would be involved in any capacity on the same project;
h) A consultant combines the function of consulting with those of
contracting and/or supply of equipment;

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Conflict of Interest

Sec. 47.2(f-j), 2016 IRR of RA 9184

i) A consultant is associated with, affiliated to, or owned by a contractor or a


manufacturing firm with departments or design offices offering services as
consultants.
j) If there is a conflict among consulting projects, the consultant (including its
personnel and subcontractors) and any subsidiaries or entities controlled by
such consultant shall not be recruited for the relevant project. The duties of the
consultant depend on the circumstances of each case. While continuity of
consulting services may be appropriate in particular situations where no conflict
exists, a consultant cannot be recruited to carry out a project that, by its nature,
shall result in conflict with a prior or current project of such consultant.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Invitation to Observers

Must be invited in writing at least five (5) calendar


days (CD) before the date of the following
procurement stage/activity:
At least three (3)
Observers Preliminary Examination
Eligibility Checking
COA of Bids
Duly recognized
Shortlisting Bid Evaluation
private sector
group
Pre-Bid Conference Post-Qualification
NGO

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Online Access to Observers

1 Online monitoring for


observers using the mPhilGEPS

2
PEs to provide online access to
observers for monitoring all stages of
procurement using the mPhilGEPS

3
PEs to inform the GPPB-TSO via
email (observers@gppb.gov.ph) if
online access cannot be provided

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
PROCUREMENT PROCEDURE
Procurement Procedure for Consulting Services

Pre-Procurement Eligibility Check Pre-Bid


Advertisement
Conference and Shortlisting Conference
7 cd >20 30 cd
Before bid submission if with
cd international participation

12/ 30
Bid Opening cd
>75
cd
Award
Post-Qualificati of Contract
Bid Evaluation Negotiation < 12
> 10 on
> 21 to 30
cd cd cd
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Transparency Requirements for Procuring Entities

All PEs are reminded of the transparency


and accountability requirements under RA
No. 9184 and its 2016 IRR, the General
Appropriations Act (GAA), Resolutions
issued by the Government Procurement
Policy Board (GPPB) and other relevant
laws, rules and regulations.

GPPB Circular No. 01-2021

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Transparency Requirements for Procuring Entities

PhilGEPS Conspicuous PE’s website, if


Document or Information Others
website Place any

Request for Expression of Conspicuous


Interest (REI) ✓ ✓ ✓ Place

Downloadable complete Conspicuous


Bidding Documents ✓ ✓ ✓ Place

Supplemental Bid Bulletin, Send to all those


if applicable ✓ ✓ ✓ who have secured
the Bid Docs

Conspicuous
Notice of Postponement ✓ ✓ ✓ Place

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Transparency Requirements for Procuring Entities

PhilGEPS Conspicuous PE’s website, if


Document or Information Others
website Place any

Results of the evaluation, Furnish all


as approved by the Head ✓ participating
shortlisted
of the Procuring Entity consultants

Conspicuous
Notice of Award ✓ ✓ ✓ Place

Conspicuous
Notice to Proceed ✓ ✓ Place

Approved Contract

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Use of Videoconferencing, Webcasting and Similar Technology

GPPB Resolution 24-2018

Procurement Activities that may be conducted electronically

All other procurement


Pre-Procurement Conference Bid Opening
activities/ meetings

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Use of Videoconferencing, Webcasting and Similar Technology

QUORUM
A member of the BAC (including
Chairperson and
Vice-Chairperson) may be
present either in person or
face-to-face through
videoconferencing, webcasting
or similar technology for PEs
with such technology

Decisions made of at least a majority of the BAC members present,


using such technology shall be considered valid and binding
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Use of Digital Signatures

GPPB Resolution No. 16-2019;


GPPB Resolution No. 09-2020
Procurement officers and
officials may digitally or
electronically sign procurement
documents

PPMP and APP Notice of Eligibility Post- Qualification Report

RFQ/ RFP Notice of Shortlisting Notice of Post-Disqualification

PBDs Abstract of Quotations Notice of Award

Invitation to Bid/ REI Abstract of Bids Approval of Higher Authority

Supplemental/ Bid Notice to Proceed


Bid Evaluation Report
Bulletin
Notice of Postponement Notice to the LCB BAC Resolutions

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
I. Pre-Procurement Conference

Determination of Readiness of Procurement

Ensure procurement is in accord with the PPMP, APP, and ABC


Determine readiness of procurement
Availability of appropriations
Completeness of Bidding Documents
Agree on the following criteria:
for eligibility screening and short listing, including the weights for each criterion and the minimum
score required
for evaluation of proposals, including the evaluation procedure (QBE or QCBE), the
corresponding weights for the technical and financial proposals, and the minimum technical
score required
Determine actual number of consultants in the short list
3 to 7, with 5 as preferable number
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
II. Advertisement and Posting
PURPOSE: START THE BIDDING PROCESS AND INVITE INTERESTED BIDDERS TO
PARTICIPATE IN THE PROCUREMENT ACTIVITY

TIMELINE

7
calendar days
www.xxxx.gov.ph

continuously

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
II. Advertisement and Posting

SUNSET CLAUSE : On 29 October 2018, or two (2)


years after the effectivity of the 2016 revised IRR of
RA 9184, Procuring Entities are reminded that the
mandatory requirement of advertising the bid
opportunities in newspaper is hereby removed.

(Section 21.2.1 of the 2016 Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Posting in Official Website and Social Media Platforms

All agencies and instrumentalities


under the Executive Department shall
post the Request for Expression of
Interest on their official websites and
social media platforms in an organized
manner and shall ensure its security
and integrity

GPPB Circular No. 01-2021

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
II. Advertisement and Posting

Distribution and Sale of Bidding Documents:

The BAC shall issue the Bidding Documents upon payment of the corresponding cost thereof to the
collecting/disbursing officer of the PE concerned, if applicable.

If documents have been downloaded, BAC shall only accept the submitted bid envelopes, upon
payment of the corresponding bid fee, if applicable.
BAC must issue copies of the bidding documents to the Observers free of charge.

Bidding Documents Fee may be refunded in accordance with the Guidelines on the Sale of Bidding
Documents based on the grounds provided for under Section 41 of the Act and this IRR.

(Section 17.5 of the 2016 Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Bidding Documents Fee
APPROVED BUDGET FOR THE MAX. COST OF BIDDING
CONTRACT DOCUMENTS IN PHP
500, 000 and below 500.00

More than 500, 000 up to 1 Million 1,000.00

More than 1 Million up to 5 Million 5,000.00

More than 5 Million up to 10 Million 10,000.00


May be refunded More than 10 Million up to 50 Million 25,000.00
based on the
grounds provided More than 50 Million to 500 Million 50,000.00
for under Section
41 (Reservation More than 500 Million 75,000.00
Clause)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Activity I: Drafting the Invitation to Bid/Request for
Expression of Interest ITB/REI
DURATION: 1 hour

After reading the provided material, please


answer the following questions:

1. Following the requirements of the Invitation to


Bid/Request for Expression of Interest (ITB/REI)
in the Philippine Bidding Documents, what
information are missing in the ITB/REI?

2. What information may be included in


the ITB/REI to enhance transparency?

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Eligibility Documents

Legal Documents
DTI / SEC / CDA Registration Certificate
Mayor’s permit from the bidder’s principal place of business
Tax Clearance
Technical Documents
Statement of completed and ongoing government and private projects
Consultant’s statement of its nationality and key personnel are registered
professionals (includes Curriculum Vitae)

Financial
Audited financial statement received by the BIR or its duly accredited institution for
the preceding calendar year which should not be earlier than two (2) years from the
date of bid submission.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Section 8.5.2, 2016 IRR of RA 9184

All bidders shall upload and maintain in PhilGEPS a current and updated file
of the following Class “A” eligibility documents under Sections 23.1(a) and
24.1(a):
a) Registration Certificate;
b) Mayor’s/Business Permit or its Equivalent Document;
c) Tax Clearance;
d) Philippine Contractors Accreditation Board (PCAB) license and
registration; and
e) Audited Financial Statements.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Effectivity of the PhilGEPS Platinum Submission

TIMELINE
• Anticipated release of GPPB
Resolution

01
January 2022
• Lifting of suspension on the mandatory
use of amended PhilGEPS platinum
certificate

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Eligibility Documents

Valid JV agreement in case of a joint venture

Notarized Statements by each partner that they will enter into and
abide by provisions of the JVA if awarded the contract

Each partner of the joint venture shall submit the PhilGEPS Certificate of
Registration in accordance with Section 8.5.2 of this IRR.

(Section 24.1(b) of the 2016 Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting
Equivalent document for Exclusive Economic Zones or
Areas.
A recently expired Mayor’s permit, together with the official
receipt as proof that the prospective bidder has applied for
renewal within the period prescribed by the concerned
local government unit shall be accepted by the PhilGEPs
for the purpose of updating the PhilGEPs Certificate of
Registration and Membership in accordance with Section
8.5.2 of this IRR.

For individual consultants not registered under a sole


proprietorship, a BIR Certificate of Registration shall be
submitted, in lieu of DTI registration and Mayor’s/Business
permit.
(Section 24.1(a)(ii) of the 2016 Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

May be an individual, sole proprietorship, partnership,


corporation or joint venture that does not meet the
requirements for a Filipino consultant

Must be registered with the SEC or any agency authorized by


the law of the Philippines.

Foreign Consultant must be authorized by a Philippine


government regulatory board.
Foreign
Consultants

A condition for award under Section


37.1.4(a)(iv)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Sec. 37.1.4(a)(iii) 2016 IRR of RA 9184

Notwithstanding the issuance of the NOA, award of contract to


foreign consultant shall be subject to the submission of the
following documents within ten (10) cd upon receipt of NOA:
1. the SEC Certificate of Registration of the foreign corporation or
consulting firm, and/or
2. the authorization or license issued by the appropriate GoP
Foreign professional regulatory body of the foreign professionals
Consultants engaging in the practice of regulated professions and allied
professions, where applicable

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Must be in ENGLISH
if not it must have a translation in
Equivalent ENGLISH by any of the following;
❑ relevant foreign government
Class “A” Documents agency;
❑ the foreign government agency
Issued in the country of the authorized to translate
Foreign Bidder documents, or
Foreign ❑ a registered translator in the
Consultants foreign bidder’s country.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Documents shall be authenticated through an apostille by


the Competent Authority, except for countries identified by
the Department of Foreign Affairs (DFA) that will still require
legalization (red ribbon) by the relevant Embassy or
Consulate.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

When to Submit? How to Submit?

On or before the deadline specified in One sealed envelope containing the


the Request for Expression of Interest required Legal, Technical, and
(REI). Financial documents.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Eligibility Check

A procedure to determine if a prospective bidder is eligible to


participate in the bidding.

The BAC shall use non-discretionary “pass/fail” criteria, as stated in the REI and
the bidding documents, in determining a prospective bidder’s eligibility.

The absence, incompleteness or insufficiency of a document shall make a


prospective bidder ineligible to bid for the particular procurement.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

Shortlisting
The process of determining the most qualified consultants from
those who have been determined as eligible.
Short list shall consist of 3 to 7 consultants, with 5 as the preferable number. If one (1) or
less than the desired number pass, the BAC shall consider such consultant/s as being
short listed.
Recommended Weigh
Criterion
(%)
1. Applicable experience of consultant
a) Overall experience of the firm
50
b) Individual experience of the principal and key staff
c) Times when employed by other consultants
2. Qualification of personnel to be assigned to the job (education, work experience,
30
number of years in firm, etc.) vis-à-vis extent and complexity of understanding
3. Current workload relative to job capacity 20

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
III. Eligibility and Shortlisting

In case the submitted eligibility envelopes


cannot be opened as scheduled due to
justifiable reasons, the BAC shall take
custody of the said envelopes and
reschedule the opening on the next working
OF
day or at the soonest possible time through POSTPONEMENT
the issuance of a Notice of Postponement
to be posted in the PhilGEPS website and the
website of the Procuring Entity concerned.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Activity II: Formulation of Shortlisting Criteria

DURATION: 40 minutes

A government agency needs the services of a


consulting firm to undertake a feasibility study
for a road project. The contract has an ABC of
P10 million and duration of six (6) months. The
key experts required for the project and their
period of engagement are the following:

• Team Leader (6 man-months)


• Civil Engineer (3 man-months)
• Soils Specialist (3 man-months)
• Economist (3 man-months)
• Cost Estimator (3 man-months)
• Environmentalist (3 man-months)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Activity II: Formulation of Shortlisting Criteria

Question:

Formulate the criteria and sub-criteria,


together with your suggested weights, in
determining the shortlist of consultants for the
project. Also indicate the assignment of points
for the sub-criteria.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Activity III: Conduct of Shortlisting and Rating

Duration: 2 hours

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
IV. Pre-Bid Conference

The initial forum where the PE’s representatives and the


prospective bidders discuss the different aspects of the
procurement at hand.

An opportunity for the short listed consultants to request for clarifications about the bidding
documents
At least 1 required for bids with ABC of > 1M
Attendance of bidders not mandatory

It must be conducted at least 12/30 calendar days before the deadline for
Submission and Opening of bids but not earlier than seven (7) calendar days from
the determination of the shortlisted consultants.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
IV. Pre-Bid Conference

May be conducted in person or face-to-face through


videoconferencing, webcasting, or similar technology, or a
combination thereof.
Open to the shortlisted bidders.

Minutes of the pre-bid conference shall be recorded and prepared


not later than five (5) calendar days after the pre-bid conference, and
shall be made available to prospective bidders not later than five (5)
days upon written request.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
IV. Pre-Bid Conference

Issued to answer requests for clarification (query


submitted 10 cd before deadline) or interpretation,
and upon BAC’s initiative to clarify or modify any
provision of Bidding Docs (at least 7 cd before
deadline for bids).

Posted in PhilGEPS and PE’s website, and at any


conspicuous place within the premises of the
Procuring Entity. (Sec. 22.5.3, 2016 IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Measures to Maximize Pre-Bid Conference
GPPB Resolution 02-2018 Initiating discussions on the requirements of the project

Discussing the common reasons of bidders’


disqualification and ways to prevent

Issuance of Supplemental/Bid Bulletin at its own


initiative or in response to requests for clarifications

Provision of alternative documents to the


Eligibility Requirements

Relaxing the eligibility requirements for


Pro-Active Role of BAC during Pre-Bid foreign consultants
Conference
Separate eligibility requirements for individual
consultants

Less stringent rules in sealing and marking of bids


This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
V. Submission and Opening of Bids

Bids submitted should be on the date, time, and place


Submission of specified in the advertisement through a Two-Envelope
Technical and System:
Financial Proposals 1st Envelope - Technical
Proposals must be Component
properly marked
and sealed as 22ndnd Envelope
Envelope––
required in the Financial
FinancialComponent
Component
bidding documents

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
V. Submission and Opening of Bids

Shall contain the following documents:

Bid security (at the option of the bidder)


Organizational chart for the contract to bid
List of on-going and completed government and private
FIRST contracts
Approach, 2 nd plan and schedule
work
Envelope Envelope –
FinancialtoComponent
List of key personnel be assigned (includes complete
qualifications and experience data)
Omnibus Sworn Statement

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
V. Submission and Opening of Bids

Shall contain the following documents:

Financial information/documents specified in the


Philippine Bidding Documents

SECOND
2nd Envelope – Envelope
Financial Component
2nd

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Bid Securing Declaration
BID SECURING DECLARATION
(GPPB Resolution No. 16-2020)

REVISED PROVISION REVISED PENALTIES

A document/undertaking signed by the ❑ Penalty of disqualification for two (2)


bidder committing to pay the years from bidding for any procurement
corresponding fine and be automatically contract with any PE, upon receipt of
disqualified from bidding of any the BO; and
procurement contract of ant PE for a 2nd Envelope –
period of time, upon receipt of the ❑ Payment
Financial of fine to be calculated in
Component
Blacklisting Order (BO), in the event it accordance to the rules set
violated any of the conditions stated
therein

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Revised Omnibus Sworn Statement (OSS)
GPPB Resolution 16-2020

Non-inclusion in blacklist Labor Laws and Standards

Authenticity of Documents Non-payment (directly or indirectly) any


commission, amount, fee, or any form of
Verification Authority consideration in relation to any
procurement project or activity
Signatory’s Authority 2nd Envelope –
FinancialInComponent
case advance payment was made or
Disclosure of Relations given, failure to perform or deliver any of
the obligations and undertakings in the
contract shall be sufficient grounds to
Responsibilities of Bidders constitute criminal liability (*new*)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Documentary Requirements
GPPB Resolution 09-2020

PEs shall accept identified alternate documentary requirements for


procurement activities during a State of Calamity, or implementation of
community quarantine or similar restrictions declared

Unnotarized Bid Securing


Declaration
Expired Business or Mayor's 2nd toEnvelope
subject submission of– Business or
permit with Official Receipt of Mayor's permit after award of contract but
renewal application
Financial
before Component
payment;

subject to compliance therewith after


Omnibus Sworn Statement
award of contract but before payment

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Sealing and Marking of Bids

Unsealed or unmarked REJECTED


bid envelopes or in case
of electronic bid
submission, not in
compressed archive
folders and are not
password-protected
2nd Envelope –
Financial Component
Improperly sealed and ACCEPTED Provided that the bidder or
marked bid envelopes or its duly authorized
not properly compressed representative shall
and password-protected acknowledge such condition
of the bid as submitted.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Electronic Submission of Bids
GPPB Resolution 09-2020
The BAC shall decide whether to allow the online or electronic submission and
receipt of bids based on the PE’s procurement needs and capabilities

1. Through Any Electronic Means Available

Online or electronic submission and receipt of


bids for procurement modalities where a
two-envelope procedure or sealed price quotation
2nd Envelope –
is required shall be allowed.
Financial Component
2. Through the GPPB Online Portal
(https://gppbgovph.com/)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Certification on Electronic Submission and Receipt of Bids
GPPB RESOLUTION NO. 12-2020

Certification, using GPPB-prescribed format, must:

❑ Be issued by the highest official managing the Information


Technology system of the agency

❑ Describe the electronic system or procedure to be used by


the PE for the electronic submission and receipt of bids, and
2nd Envelope
compliant with the requirements under GPPB Resolution No. –
09-2020 Financial Component
❑ Submitted to the GPPB-TSO through
ITcertification@gppb.gov.ph

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VI. Bid Evaluation

This is to determine the bidder with the Highest Rated Bid (HRB).

2 Methods of Evaluating Bids:

1 QBE considers only the Technical Proposals in the ranking of consultants. This is
applied for:
Complex or highly specialized assignments for which it is
2ndTOR
difficult to precisely define the and the required
Envelope – inputs
from the consultants; and Financial Component
Where the assignment can be carried out in substantially
different ways, such that the proposals are not comparable.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VI. Bid Evaluation

2 Methods of Evaluating Bids:

2 QCBE, on the other hand, considers both the Technical and Financial Proposals in
the ranking of consultants. This is applied in other cases.

Weight of the Financial Proposal shall be from 15% to 40%

Oral presentation may be required for complex


2nd Envelope – or unique
undertakings, within 15 cd after the deadline for submission of
bids.
Financial Component

Whatever evaluation method is applied, bids are rated numerically.


This can be done in either of two ways: Individual or Collegial
rating.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
QBE Process Flow

Submission of Open Technical Evaluation and


Technical and Proposals only Ranking of
Financial Proposals Technical Proposals

Notification of HRB
HOPE- Approval/Disa BAC
for opening of
pproval of BAC Recommendation
financial proposal and
Recommendation for Approval of HRB
negotiation 3 cd 2 cd
2nd Envelope –
Financial Component
Opening of Financial
Negotiations
Proposal

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
QCBE Process Flow
* consultants meeting
minimum technical score

Submission of Opening and Opening and


Technical and Evaluation of Technical Evaluation of
Financial Proposals Proposals Financial Proposals

HOPE
Notification of HRB Ranking and
- Approval/Disapprov
for negotiations Determination of
al of BAC
3 cd recommendation HRB
nd 2 cd
2 Envelope –
Financial Component

Negotiations

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VI. Bid Evaluation

The entire evaluation process, from proposal opening to


submission of the bid evaluation results to the HOPE,
should not exceed twenty-one (21) calendar days.
2nd Envelope –
Financial
(Section 33.4 of the 2016 Component
Revised IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VI. Bid Evaluation

Individual Collegial
Rating Rating
Each evaluator assigns numerical rates to a Evaluate as a group
proposal
2nd Envelope –
Rates are tabulated and ranked in descending FinancialRate is the consensus of the evaluators
Component
order
Highest and lowest rates are disregarded Bidders should be furnished the results (ranking and total
scores) after the evaluation is approved by the HOPE.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Sample Evaluation

2nd Envelope –
Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Technical Proposals of Consultants: Criteria and
Recommended Weights
Recommended Weigh
Criterion
(%)
1. Quality of Personnel
a) Suitability of key staff
30-50
b) General qualifications and competence
c) Education and training of key staff
2. Experiencing and capability of the consultant
a) Records of Previous engagement and quality of performance in similar projects
b) Relationship with previous and current clients
10-30
c) Overall work commitments
nd
d) Geographical distribution of projects 2 Envelope –
e) Attention to be given by the consultant Financial Component
3. Plan of approach and methodology
a) Clarity, feasibility, innovativeness and comprehensiveness of the plan approach 20-40
b) Quality of interpretation of project problems, risks, and suggested solutions

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Sample Criteria and Recommended Weights

2nd Envelope –
Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
How are Bids Evaluated Using the QCBE Procedure?

Lowest financial proposal given 100 points


Other financial proposals are scored using the following formula:

2nd Envelope –
Financial Component

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How are Bids Evaluated Using the QCBE Procedure?

Bidder 1
1,000,000
90.9 = 100 x
Sample Sf Computation 1,100,000
Bidder 2
1,000,000
100 = 100 x
Bidder 1 = 1,100,000 1,000,000
Bidder 3
Bidder 2 = 1,000,000
1,000,000
Bidder 3 = 1,500,000 66.7 = 100 X
1,500,000
nd
Bidder 4 = 1,300,000 Bidder 4 2 Envelope –
Bidder 5 = 1,200,000 Financial
76.9 =
Component
100 X
1,000,000
1,300,000
Bidder 5
1,000,000
83.0 = 100 x
1,200,000

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
How are Bids Evaluated Using the QCBE Procedure?

How to compute for the Total Score in QCBE?

Determine the HRB using the formula below:


Example:
S = (St x T%) + (Sf x F%) Bidder 2
St = 86
Where: Sf = 100
T = 70%
S is the Total Score nd
2 Envelope
F =–30%
St is the Technical Score
Sf is the Financial Score
Financial Component
S = (86 x 70%) + (100 x 30%)
T is the weight given to the Technical Proposal S = (60.2) + (30)
F is the weight given to the Financial Proposal S = 90.2

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VII. Negotiations

Negotiations shall cover the following:

Discussion and clarification of the TOR and Scope of Services;


Discussion and finalization of the Procedural Requirements and work program;

Consideration of appropriateness of qualifications and pertinent compensation, number of man-months


and the personnel, taking note of over-qualified personnel, to be commensurate with the compensation
of personnel with the appropriate qualifications, number of man-months and schedule of activities
(manning schedule); nd
2 Envelope –
Discussion on the services, facilities and data, ifFinancial Component
any, to be provided by PE concerned;

Discussion on the financial proposal submitted by the consultant (QBE); and


Provisions of the contract.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Activity IV: Rating Determination of Bidder with the Highest Rated Bid
(HRB) using the Quality Cost Based Evaluation (QCBE) Procedure
Duration: 2 hours

Questions:

1. Enumerate the major steps to be taken in undertaking the Quality Cost Based
Evaluation Procedure.

2. Determine the bidder with the HRB.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VII. Negotiations

• Except for meritorious reasons, negotiations with any one


consultant shall be completed within ten (10) calendar days.
• In case the negotiation with HRB fails, PE shall terminate the
2nd invite
negotiation and shall the next
Envelope – ranked consultant for a
negotiation. Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Key Personnel

Before Award of Contract

General Rule Exception


No replacement of key For justifiable reason,
personnel such as illness, death, or
resignation provided it is
supported by relevant
2nd be
certificates as may Envelope – If there is unjustifiable
determined by the BAC.
Financial Componentreplacement, PE shall
immediately negotiate with the
next ranked consultant

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Key Personnel

After Award of Contract

No replacement shall be allowed until after 50% of the personnel’s man-months


have been served.
If there is unjustifiable
Except for justifiable reasons, subject to appropriate sanctions as prescribed
replacement, in
PE shall
the PBDs. immediately negotiate with the
Violators will be fined an amount equal to the refund of the consultant
next ranked
nd
replaced personnel’s basic2rate,Envelope
which should – be at least 50%
of the total basic rate for the duration of
Financial the engagement.
Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Replacement of Key Personnel

DPWH DO 21-2015

Once the contract is effective, no changes


shall be made in the key personnel, except for
justifiable reasons as may be determined by
PE If there is unjustifiable
replacement, PE shall
immediately negotiate with the
If the Consultant introduces unjustifiable
next ranked consultant
changes during the first 50% of the contracted
inputs of the said individual, this shall result in
2nd Envelope –
the imposition of damages. Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VIII. Post-Qualification

The process of determining the most qualified consultants from


those who have been determined as eligible.

Within 3 cd (5 cd) from receipt of Notice, submit the following:


1
If there is unjustifiable
Latest Income and Business Tax Returns; replacement, PE shall
immediately negotiate with the
2 PhilGEPS Registration Certificate, if applicable;
next ranked consultant
and nd
2 Envelope –
Financial
3 Other appropriate Licenses andComponent
permits required
by law and stated in the Bidding Documents.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
VIII. Post-Qualification
Legal Requirements
Licenses, permits, certificates, agreements, and statements
Technical Requirements
Stated competence and experience of the bidder and its key personnel
to be assigned
Sufficiency of bid security as to type, amount, form and wording,Ifand
there is unjustifiable
validity period replacement, PE shall
immediately negotiate with the
Financial Requirements
next ranked consultant
nd
2 Envelope –
Completed in 7 cd (12 cd) but, may be Financial
extended by theComponent
HOPE to not more
than 30 cd. In case of post-disqualification of the HRB, the BAC shall be given
the same fresh period to conduct the post-qualification of the next highest
rated bid.

(Section 34.8 of the 2016 IRR of RA 9184)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
IX. Award of Contract

Contract shall be awarded to the bidder with the HRRB or SRRB at its
submitted price or total calculated bid price, whichever is lower.

The BAC Sec shall post the NOA in the PhilGEPS and PE’s
websites, and in any conspicuous place within 3 cd from its issuance.
If there is unjustifiable
NOA conditioned on the following: replacement, PE shall
If joint venture, submission of JVA
immediately negotiate with the
next ranked consultant
Submission
nd of SEC Registration and/or license or authority from
2 Envelope –
GoP professional regulatory body
Financial
Posting Component
of Performance Security (at the option of the consultant)
Signing of Contract (within 10 cd)
If required, approvals by higher authority

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
IX. Award of Contract

Notice to Proceed

Issued to the successful bidder together with the copy of the approved contract
within 3 cd (7cd) from date of approval.
If there is unjustifiable
BAC Secretariat should post a copy of the NTP and the approved contract in the
replacement, PE shall
PhilGEPS and PE’s website within 15 cd from issuance of NTP.
immediately negotiate with the
next ranked consultant
nd
2 Envelope –
Financial Component
All notices called for by the terms of the contract shall
be effective only at the time of receipt thereof by the
successful bidder.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Period to Complete Procurement Process

PROCUREMENT PROCESS
From Opening of Bids to Award of Contract shall
NOT EXCEED 3 MONTHS

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Variation Order

NPM 119-2013

No additional payment for variation order, if any, shall be


allowed for the consultancy contract. If there is unjustifiable
replacement, PE shall
immediately negotiate with the
PE may revise an existing contract to include additional
next ranked consultant
deliverables, provided, that2ndsuch revision
Envelope – will entail no
additional payment or cost. Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Advance Payment for Mobilization

< 15% of the total contract price

Made upon submission to & PE’s acceptance of an


irrevocable standby LC of equivalent value from a
commercial bank. If there is unjustifiable
replacement, PE shall
Recovered by deducting from progress payments agreed immediately negotiate with the
upon during contract negotiations until fully liquidated next ranked consultant
2nd Envelope –
Consultant may reduce standby Financial
LC by Component
the amounts
refunded in the advance payment

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Activity V: Computing Advance Payment

Duration: 30 minutes

Firm GDE was awarded a Management Consultant


contract amounting to P15,891,350 with a duration of
eight (8) months. The Notice to Proceed indicated
that the services shall start on 01 February 2015.

Questions:

1. What is the maximum amount of advance


payment that may be granted to the consultancy
firm?

2. How may the advance payment be recouped?

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Subcontracting

Limitations:
Do not exceed 20% of the total project cost
Exclude material or significant portion of the project
If there is unjustifiable
replacement, PE shall
Follow the conditions below: immediately negotiate with the
next ranked consultant
2ndbeEnvelope
Material portions should specified– in the bidding
documents Financial Component
PE’s consent necessary
PE’s consent will not relieve main contractor from
liability
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Liquidated Damages

Sec. 68 of 2016 IRR of RA 9184

Amount is 1/10 of 1% of the cost of unperformed portion for every day of


delay
Automatically rescind contract when sum of liquidated damages
If there is reaches
unjustifiable
10% of the contract amount replacement, PE shall
immediately negotiate with the
next ranked consultant
(Once the cumulative amount
nd of liquidated damages reaches ten
2 Envelope –
percent (10%) of the amount of the contract, the Procuring Entity
may rescind or terminateFinancial Component
the contract, without prejudice to other
courses of action and remedies available under the
circumstances)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Activity IV: Computing for Liquidated Damages

Duration: 2 hours
Firm ABC was awarded a contract to conduct studies to determine the
feasibility of opening six airports located nationwide. The contract period is
nine (9) months and the contract price is P10.8 million. At the end of the
nine-month period, only five of the six studies were completed by Firm GDE.

Questions:

1. If the budget for each feasibility study is P1.8 million and Firm ABC
needed 21 more days to successfully complete the sixth study and the
project, what is the amount of the liquidated damages (LD) Firm ABC will
have to pay the procuring entity due to the delayed completion?

2. How many days can Firm ABC complete the sixth study and the project
without the contract being rescinded? What is the amount of LD that firm
ABC will pay for this number of days?

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Suspension of Work

All payments may be suspended if the consultant fails to perform any of its obligations due to its own
fault or due to force majeure or other circumstances beyond the control of either party

Notice of suspension must be issued by PE containing the following:


1Nature of the failure;
2 Request to the consultant to remedy such failure within a period not is unjustifiable
If there
exceeding thirty (30) days after receipt by the consultant of such notice of
replacement, PE shall
suspension.
immediately negotiate with the
The consultant may, by written notice of suspension, suspend work on any ornext all activities
ranked affected by the
consultant
following: 2nd Envelope –
1 Failure of PE to deliver government-furnished equipment, resources, reports
or data as stipulated in the contract;
Financial Component
2 Peace and order conditions
3 Delay in the payment of consultant’s claim for progress billing beyond 60
calendar days from the time the consultant’s claim

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
ALTERNATIVE MODES OF
PROCUREMENT
Alternative Modes of Procurement
All procurement shall be done through Competitive Bidding,
except as provided for in Article XVI of this Act

Section 10, Article IV, RA No. 9184

Alternative Methods shallIf be resorted


there ONLY:
is unjustifiable
replacement, PE shall
immediately negotiate with the
next ranked consultant
2nd Envelope –
Financial Component
To promote
Justified by
In highly conditions
economy
exceptional specified in the
and
cases IRR of RA No.
efficiency
9184

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Limited Source Bidding

Involves direct invitation to bid by the procuring entity from the list of pre-selected suppliers or
consultants with known experience and proven capability on the requirements of the particular
contract.
If thereare
Procurement of consulting services where only a few suppliers or consultants is unjustifiable
known to be
available replacement, PE shall
immediately negotiate with the
Resorting to the public bidding will not likely result in any additional suppliers or consultants
next ranked consultant
participating in the bidding nd
2 Envelope –
Consultants must appear in a list maintained by the relevant
Financial government authority that has
Component
expertise in the type of procurement concerned.
A copy of the list shall be submitted to, and maintained updated with, the GPPB.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Two-Failed Biddings
Two-Failed Biddings

Involves mandatory review/revision of the terms and conditions, specifications, and cost
If there is unjustifiable
estimates etc., and if necessary, adjust the ABC, subject to the requiredreplacement,
approvals by PE
no more
shall
than twenty percent (20%) of the ABC for the last failed bidding.
immediately negotiate with the
next ranked consultant
nd
BAC shall invite and engage in
2 Envelope –
negotiations with at least 3 consultants to ensure effective
competition. Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Two-FailedContracts
Take-Over Biddings

For contracts, which have been rescinded or terminated


If there is unjustifiable
replacement,
Immediate action is necessary to prevent damage to or loss of life or property PE shall
or restore vital
public services immediately negotiate with the
next ranked consultant
nd
2 rated
Negotiation starting with the second highest Envelope
bidder for the–project under consideration at
the bidder’s original bid price
Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Adjacent or Contiguous
Two-Failed Biddings
For Where the subject contract is adjacent or contiguous to an on-going Consulting Service
where the consultant have unique experience and expertise to deliver the required service:
If there is unjustifiable
Original contract is the result of a Competitive Bidding; replacement, PE shall
Contract to be negotiated has similar or related scopes of work;
immediately negotiate with the
Within the contracting capacity of the consultant;
next ranked consultant
Consultant uses the same prices or nd
lower unit prices as in the original contract less
mobilization cost;
2 Envelope –
The ABC does not exceed the ABCFinancial Component
of the ongoing project;
Consultant has no negative slippage/delay;
Negotiations for the procurement are commenced before the expiry of the original
contract

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Bidding
Agency
Agency to
Two-Failed to Agency
Agency
Biddings
Agency to Agency

Procurement of infrastructure projects, consulting services, and goods from another agency of
the GOP, such as the PS-DBM, which is tasked with a centralized If thereprocurement
is unjustifiable
of
replacement,
Common-Use Supplies for the GOP in accordance with Letters of Instruction No. PE
755shall
and
Executive Order No. 359, series of 1989. immediately negotiate with the
next ranked consultant
nd
2 Envelope –
Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Highly Technical Consultant

Highly technical or proprietary; or


If there is unjustifiable
replacement,
Primarily confidential or policy determining, where trust and confidence are thePE shall
primary
consideration immediately negotiate with the
next ranked consultant
nd
2 on aEnvelope
Term of the individual consultants shall, be – renewable at the option of
six month basis,
the Head of the Procuring Entity, but in no case shall exceed the term of the latter.
Financial Component

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Small
SmallValue
ValueProcurement
Procurement

The procuring entity shall draw up a list of at least three (3) suppliers, contractors, or
If therevitae,
consultants of known qualifications which will be invited to submit curriculum is unjustifiable
in the case
of consulting services replacement, PE shall
immediately negotiate with the
The thresholds as prescribed in Annex “H nd next ranked consultant
2 Envelope –
For NGAs, GOCCs, GFIs, SUCs, and Autonomous Regional Government, One Million Pesos
(PhP1M)
Financial Component
For LGUs, depending on classification.
For Barangays, PhP50,000.00

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Small Value Procurement
Emergency Cases

PE should consider appropriate timing or the proximity of timeIf between


there is unjustifiable
the actual
replacement,
procurement activity to be conducted and the emergency sought to PE shall
be addressed.
immediately negotiate with the
When the reason or cause for the emergency has already beennext abated,
rankedadoption of
consultant
2nd Envelope –
competitive bidding shall be considered.
When the ground is based on imminent danger to Component
Financial life during a state of calamity, there
must be a declaration by a competent authority of a state of calamity before any
procurement activity may be undertaken.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement

Scientific,
Small Value Scholarly or Artistic Work,
Procurement
Exclusive Technology & Media Services

Scientific, technical, economic, business, trade or


Work of art; commissioned work or services of legal journal, magazine,Ifpaper,
there issubscription,
unjustifiable or other
an artist for specific artistic skills (e.g., singer, exclusive statistical publications and references;
replacement, PE shall
performer, poet, writer, painter, sculptor, etc.); immediately negotiate with the
Media documentation, advertisement,
next ranked consultant or
Scientific, academic, scholarly work or 2ndannouncement
Envelope through
– television, radio, newspaper,
research, or legal services; internet, and other communication media; and
Financial Component
Highly-specialized life-saving medical Construction or installation of an infrastructure facility
equipment, as certified by the Department of where the material, equipment, or technology under a
Health; proprietary right can only be obtained from the same
contractor.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
Small Value
Defense Procurement
Cooperation Agreement

DND may directly negotiate with an entity of another country with which
If there is unjustifiable
Philippines has entered into a DCA subject to the following conditions:
replacement, PE shall
immediately negotiate with the
Secretary of National Defense deemed it necessary to protectnext theranked
interest of
consultant
the country

Expertise or capability required is not available locally

The procurement requirements are included in the AFP Modernization


Program previously approved by the President of the Philippines

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
NGO Participation
Small Value Procurement

CONDITIONS PROCEDURALIf GUIDELINES


there is unjustifiable
replacement, PE shall
Appropriation law or ordinance earmarks an BAC shall invite atimmediately
least 3 prospective
negotiateNGOs to
with the
amount to be contracted to NGOs submit sealed pricenextquotations with complete
ranked consultant
project proposals
PE may opt to conducting public bidding or enter
into a MOA with an NGO Upon determination of the Lowest Calculated Bid
& after the submission & evaluation of eligibility
documents, PE shall enter a MOA with the
eligible NGO

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Alternative Modes of Procurement

Negotiated Procurement
United
Small Value Nations Agencies, International Organizations
Procurement
or International Financing Institutions

Procurement from UN Agencies, IOs or IFIs, of any of the following:If there is unjustifiable
replacement, PE shall
Small quantities of off-the-shelf goods, primarily in fields of education & health;
immediately negotiate with the
Specialized products where the number of suppliers is limited (e.g. vaccines, nextdrugs);
rankedorconsultant

Goods, infrastructure projects and consulting services, involving advanced technologies,


techniques and innovations not locally available as certified by the HoPE,.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Latest Updates on Documentary Requirements

United
Small Value Nations Agencies, International Organizations
Procurement
or International Financing Institutions

If there is unjustifiable
replacement, PE shall
immediately negotiate with the
next ranked consultant

Only applicable during a State of Calamity, or implementation of


community quarantine or similar restrictions

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Performance and Warranty Securities

United
Small Value Nations Agencies, International Organizations
Procurement
or International Financing Institutions

If there is unjustifiable
replacement, PE shall
immediately negotiate with the
next ranked consultant

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Performance and Warranty Securities

United
Small Value Nations Agencies, International Organizations
Procurement
or International Financing Institutions

If there is unjustifiable
replacement, PE shall
immediately negotiate with the
next ranked consultant

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Latest Update on Performance Security

GPPB Resolution No. 09-2020


Measures for Efficient Conduct of Procurement Activities during a State of
Calamity, or Implementation of Community Quarantine or Similar Restrictions
United Nations Agencies, International Organizations
Small Value Procurement
or International Financing Institutions

Performance Securing Declaration (PSD) in lieu of a performance security, subject to the


following: If there is unjustifiable
replacement, PE shall
immediately negotiate with the
An unnotarized PSD may be accepted next ranked consultant

The end-user may require the winning bidder to replace the submitted
PSD with a performance security

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
INTERNATIONAL PRACTICES
FOR THE PROCUREMENT OF
CONSULTING SERVICES
International Practices for the Procurement of Consulting
Services

Fixed Budget Selection


Small Value Procurement

Used when:
The assignment is simple and can be precisely defined If there is unjustifiable
Budget allocation is fixed replacement, PE shall
immediately negotiate with the
next ranked consultant
2nd Envelope –
Consultants requested to provide their best technical and
Financial Component
financial proposals in separate envelopes, within the budget.
The same with the QCBE method of evaluation for award.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
International Practices for the Procurement of Consulting
Services

Least Cost Selection


Small Value Procurement

For consultant assignments of a standard or routine nature (audits, engineering design of


noncomplex works, and so forth)
If there is unjustifiable
Well-established practices and standards exist. replacement, PE shall
immediately negotiate with the
Under this method, a “minimum” qualifying mark for the “quality” is established.
next ranked consultant

Proposals, to be submitted in two envelopes, are invited from a short list.

The firm with the lowest price shall then be selected.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
International Practices for the Procurement of Consulting
Services
Consultant’s Qualification Selection

Small Value Procurement


For small assignments or emergency situations declared by the Borrower where the need for
issuing an RFP, and preparing and evaluating competitive proposals is not justified
If there is unjustifiable
Obtain expressions of interest that include information on consultant’s replacement, PE shall
experience and
immediately negotiate with the
qualifications from at least three qualified firms with relevant experience.
next ranked consultant
Firms with required experience/competence relevant to the assignment shall be assessed
and compared, and the best qualified and experienced firm shall be selected.

Selected firm shall submit a combined technical and financial proposal and if responsive
and acceptable, be invited to negotiate a contract.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
International Practices for the Procurement of Consulting
Services

Single Source Selection


Small Value Procurement

Does not provide benefits of competition as to quality and cost, lacks transparency in
selection, and could encourage unacceptable practices. Therefore, single-source selection
If there is unjustifiable
shall be used only in exceptional cases. replacement, PE shall
immediately negotiate with the
Considered if it presents a clear advantage over competition next ranked consultant

RFP is not required, Borrower shall submit to the Bank for its review and “no objection” the
TOR of the assignment with detailed justification including the rationale for its use instead of a
competitive selection process

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
International Practices for the Procurement of Consulting
Services

Used only in the following:


Small Value Procurement

Tasks that represent a natural continuation of previous work carried out by the firm;
If there is unjustifiable
In exceptional cases, such as, but not limited to, in response to natural disastersPE
replacement, and for
shall
emergency situations both declared by the Borrower and recognized by the Bank; negotiate with the
immediately
next ranked consultant
For very small assignments (shall not exceed $100K);
When only one firm is qualified or has experience of exceptional worth for the assignment.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
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Email address: training@gppb.gov.ph

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