Professional Documents
Culture Documents
Procurement For Consulting Services
Procurement For Consulting Services
SPECIALIST COURSE
PROCUREMENT OF CONSULTING
SERVICES
NAME OF SPEAKER
General Overview and Definition of Key Terms
Important Considerations
Procurement Procedure
Services
GENERAL OVERVIEW
Three Categories of Government Procurement
Infrastructure Consulting
Goods
Projects Services
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Definition of Consulting Services
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Who is a Consultant?
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IMPORTANT CONSIDERATIONS
Important Considerations in Hiring Consultants
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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.
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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
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Conflict of Interest
Examples of Conflict
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Conflict of Interest
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Conflict of Interest
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Invitation to Observers
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Online Access to Observers
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
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PROCUREMENT PROCEDURE
Procurement Procedure for Consulting Services
12/ 30
Bid Opening cd
>75
cd
Award
Post-Qualificati of Contract
Bid Evaluation Negotiation < 12
> 10 on
> 21 to 30
cd cd cd
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Transparency Requirements for Procuring Entities
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Transparency Requirements for Procuring Entities
Conspicuous
Notice of Postponement ✓ ✓ ✓ Place
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Transparency Requirements for Procuring Entities
Conspicuous
Notice of Award ✓ ✓ ✓ Place
Conspicuous
Notice to Proceed ✓ ✓ Place
Approved Contract
✓
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Use of Videoconferencing, Webcasting and Similar Technology
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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
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I. Pre-Procurement Conference
TIMELINE
7
calendar days
www.xxxx.gov.ph
continuously
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II. Advertisement and Posting
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Posting in Official Website and Social Media Platforms
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II. Advertisement and Posting
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.
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Bidding Documents Fee
APPROVED BUDGET FOR THE MAX. COST OF BIDDING
CONTRACT DOCUMENTS IN PHP
500, 000 and below 500.00
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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.
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III. Eligibility and Shortlisting
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.
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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
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III. Eligibility and Shortlisting
Eligibility Documents
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.
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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.
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III. Eligibility and Shortlisting
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III. Eligibility and Shortlisting
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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.
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III. Eligibility and Shortlisting
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III. Eligibility and Shortlisting
Eligibility Check
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.
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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
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III. Eligibility and Shortlisting
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III. Eligibility and Shortlisting
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Activity II: Formulation of Shortlisting Criteria
DURATION: 40 minutes
Question:
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Activity III: Conduct of Shortlisting and Rating
Duration: 2 hours
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IV. Pre-Bid Conference
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.
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IV. Pre-Bid Conference
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IV. Pre-Bid Conference
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Measures to Maximize Pre-Bid Conference
GPPB Resolution 02-2018 Initiating discussions on the requirements of the project
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V. Submission and Opening of Bids
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V. Submission and Opening of Bids
SECOND
2nd Envelope – Envelope
Financial Component
2nd
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Bid Securing Declaration
BID SECURING DECLARATION
(GPPB Resolution No. 16-2020)
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Revised Omnibus Sworn Statement (OSS)
GPPB Resolution 16-2020
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Alternative Documentary Requirements
GPPB Resolution 09-2020
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Sealing and Marking of Bids
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Certification on Electronic Submission and Receipt of Bids
GPPB RESOLUTION NO. 12-2020
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VI. Bid Evaluation
This is to determine the bidder with the Highest Rated Bid (HRB).
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.
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VI. Bid Evaluation
2 QCBE, on the other hand, considers both the Technical and Financial Proposals in
the ranking of consultants. This is applied in other cases.
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QBE Process Flow
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
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QCBE Process Flow
* consultants meeting
minimum technical score
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
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VI. Bid Evaluation
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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.
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Sample Evaluation
2nd Envelope –
Financial Component
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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
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Sample Criteria and Recommended Weights
2nd Envelope –
Financial Component
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How are Bids Evaluated Using the QCBE Procedure?
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
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How are Bids Evaluated Using the QCBE Procedure?
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VII. Negotiations
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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.
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VII. Negotiations
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Key Personnel
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Key Personnel
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Replacement of Key Personnel
DPWH DO 21-2015
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VIII. Post-Qualification
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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.
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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
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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.
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Period to Complete Procurement Process
PROCUREMENT PROCESS
From Opening of Bids to Award of Contract shall
NOT EXCEED 3 MONTHS
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Variation Order
NPM 119-2013
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Advance Payment for Mobilization
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Activity V: Computing Advance Payment
Duration: 30 minutes
Questions:
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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
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Liquidated Damages
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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?
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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
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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
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Alternative Modes of Procurement
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.
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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
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Alternative Modes of Procurement
Negotiated Procurement
Two-FailedContracts
Take-Over Biddings
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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
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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
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Alternative Modes of Procurement
Negotiated Procurement
Highly Technical Consultant
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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
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
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
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
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
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
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
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
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
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
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
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
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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