Professional Documents
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Audit of Public Procurement (4)
Audit of Public Procurement (4)
20 July 2023
Crowne Plaza Manila Galleria
LEARNING OBJECTIVES
Sample of Audit
DBM Budget Risks
Circular No. 2022 – (30 minutes)
1 dated February
11, 2022
(5 minutes)
https://www.gppb.gov.ph/downloadables.php
• REPUBLIC ACT NO. 9184
• THE 2016 REVISED
Table of Contents IMPLEMENTING RULES
AND REGULATIONS OF
REPUBLIC ACT NO. 9184
(Updated as of 3 July
2023
Republic Act No. 9184
Entitled: Modernization,
Standardization, and Regulation
of the Procurement Activities of
the Government
Enactment of the GPRA or Republic
Procurement ReformsAct No. 9184
GPRA
• Memorandum 10 January 2003
Circulars
Implementing rules and
• Administrative Regulations (IRR) Part A
Issuances 08 October 2003
• Executive Orders
• Implementing Rules Revised IRR
and Regulations 02 September 2009
Government Local
Financial Government
Institutions Units (LGUs)
(GFIs)
• Covers procurement of all
government agencies
• General Rule is
Public/Competitive Bidding
• Alternative Methods of
KEY FEATURES OF GPRA
Procurement allowed in
highly exceptional cases
• Use of the Approved Budget
for the Contract (ABC) as
ceiling for the bid price
• Use of transparent,
objective, and non-
discretionary criteria
• Increased transparency in
KEY FEATURES OF GPRA
the procurement process
• Professionalization of
procurement officials
• Inclusion of Penal and Civil
Liabilities
It shall apply to all
procurement activities
SCOPE AND COVERAGE involving:
Accountability
Competitiveness
Transparency
Streamlined Process
• IT Projects • Railways
• Irrigation • Water Supply
• Communication Facilities • Roads and Bridges
• Energy/ Power and Electrification • Sanitation, Sewerage, and Solid
Facilities Management
• Airports and Seaports • National School, Hospital Buildings
• Flood Control and Drainage • Shore Protection
What is Consulting Services?
Refer to services for infrastructure projects and other types of projects or activities
requiring adequate external technical and professional expertise that are beyond the
capability of the government to undertake:
Pre-investment or Management
Feasibility Studies Services
Technical Services or
Design
Studies
What are the Procurement Methods?
cd
Pre-Procurement
Advertisement and/or Eligibility and
Conference
Posting Shortlisting
Post-Qualification
Bid Evaluation Contract Award
Negotiation
POSSIBLE PERIODS TO COMPLETE THE
PROCUREMENT ACTIVITY FOR GOODS
False
In the case of Jacomille v. Abaya, et al., the petitioner contends that the
public respondents failed to comply with the periods provided by law,
specifically the 3-month period from the opening of the bids up to the
award of the contract under Section 38 of RA 9184. The Supreme Court
held that “[t]he different periods provided by RA 9184 within which
certain stages of the procurement process must be completed is not
merely directory but mandatory.”
Thus, it concluded that such irregularity rendered the procurement
process null and void.
Assess Procure
• Review studies • Post/Advertise opportunity
• Consolidate into APP • Open and evaluate bids
• Decide procurement method • Post-qualify
• Approve APP • Award and enter into
• Determine readiness contract
NEEDS SATISFACTION
Identify Implement
• Cost-benefit analysis • Oversee implementation
• Feasibility study
• Inspect and accept deliveries
• Market study
• PPMP • Release payment
34
• advance deliveries
• suki system
• unwarranted resort to alternative methods procurement
*Primary cause of delays and failure of bidding based on Agency Procurement Compliance and
Performance Indicators (APCPI) Confirmation Result of Participating Agencies.
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.
Challenges in Procurement
2 ASSESS PROCURE 3
50% of Review feasibility/ market studies
Post/Advertise opportunity
Consolidate into Annual Procurement
Failure of Plan (APP)
Open and evaluate bids
bidding is Post-qualify
Decide procurement method
Award and enter into contract
attributed to Approve APP
POOR Determine readiness
PLANNING
1 IDENTIFY IMPLEMENT 4
Cost-benefit analysis Oversee implementation
Inspect and accept deliveries
Feasibility study
Release payment
Market study
PPMP
NEEDS SATISFACTION
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.
SECTION 7.1 OF IRR
Contracting
Arrangement
PPMP
Time Extent/
schedule size
Procuremen
t Methods
APPROVED BUDGET FOR THE CONTRACT (ABC)
• End user to conduct market study
• In determining the ABC, the end-user unit, with the assistance of the
TWG (when necessary), must consider the different cost
components.
DETERMINING THE ABC
Cost Components which may be considered:
• Freight, insurance, taxes, and other incidental expenses (For goods only);
• Cost of money, to account for government agencies usually buying on credit terms;
• Quantities, considering that buying in bulk usually means lower unit prices;
• Supply of spare parts and/or maintenance services, if part of the contract package (For goods
only);
DETERMINING THE ABC
Cost Components which may be considered:
• Cost for securing all types and forms of securities other than cash (e.g. premiums for surety
bond, bank fees and other charges to be incurred by the bidder in obtaining bid, performance
and warranty securities); and
• Acquisition Cost
• Operation Cost
• Replacement/Repair Cost
• Disposal Cost
DETERMINING THE ABC
Cost Components which may be considered:
• If the sum of the different cost components is lower than the appropriation for the
procurement, then the ABC should be equal to the sum of the cost components.
• If the resulting sum is higher than the appropriation, it is advisable to review the
technical specifications and the computation of the ABC. In any case, the ABC
should not exceed the appropriation.
LIFE CYCLE COSTING
• LCC – Life Cycle Costing
• “Cost” should consider all costs throughout the life-cycle
– acquisition cost, utility costs (energy/water
consumption, maintenance), and disposal costs.
• “Cradle to Grave” vis-à-vis “Cradle to Cradle”
ANNUAL PROCUREMENT PLAN (APP)
• Legal Basis: Section 7 of the revised IRR of RA 9184
➢ Schedule of Activities
ANNUAL PROCUREMENT PLAN (APP)
• No procurement shall be undertaken unless in accordance with the approved APP
• In the consolidation of PPMPs, the BAC may adopt a strategy through where similar items of
procurement are packaged into one procurement undertaking.
• A review and updating of the individual PPMPs and the APP shall be done regularly, at least
once every 6 months or as often as necessary. The end-user or implementing units shall be
responsible for the changes to the PPMPs, while the BAC Secretariat shall be responsible for
the consolidation of these PPMPs into an APP
PREPARATION OF PPMP
GAA, Corporate Budget or Appropriation Ordinance Becomes Final
End-User Update/
Supplement
PPMP
• Authenticated
photocopy of the
approved APP and
any amendment
thereto
Documentary Requirements
through Public Biddings
✓Approved contract supported by
the documents required under
COA Circular No. 2009-001 dated
February 12, 2009 and COA
Memorandum No. 2005-027 dated
February 28, 2005
Documentary Requirements
through Public Biddings
54
PURPOSE
55
ESSENTIAL CONTENTS
56
ESSENTIAL CONTENTS
57
ESSENTIAL CONTENTS
4. Period of availability of the Bid Docs, place where the Bid Docs may be
secured, website where the Bid Docs may be downloaded and, where
applicable, price of the Bid Documents
“acquired” by virtue of GPPB
Resolution Nos. 04 and 25-2012
58
ESSENTIAL CONTENTS
5. Date, time, place of the deadline for the submission and receipt of bid
requirements, conduct of pre-bid conference, if any, submission and
receipt of bids and the opening of bids;
6. The deadline for the submission and receipt of bids from the last day of
posting of the Invitation to Bid
59
Documentary Requirements
through Public Biddings
• Infrastructure Project
• Contract Plans –
i) Site development plan
ii) Plans and profile sheet
iii) Typical sections and details
iv) Drainage details where applicable
v) Structural plans at appropriate scales indicating all
details necessary in order that the complete
structure can be set out and constructed
vi) Other details which may be required by the head of
the agency
Documentary Requirements
through Public Biddings
8. Abstract of Bids
9. Post-Qualification Report of
Technical Working Group
10. BAC Resolution declaring
winning Bidder
Documentary Requirements
through Public Biddings
12.Performance Security
13.Program of Work and Detailed Estimates
• Scope of works;
• Items of Works;
• Quantities;
• Unit Costs
12.Notice to Proceed, indicating the date of
receipt by the contractor
Documentary Requirements
through Public Biddings
Progress Payment
Final Payment
• As-Built plans
• Clearance from the Provincial Treasurer that the
corresponding sand and gravel fees have been paid
(DPWH DO No. 109 s. 1993 dated May 4, 1993 and DO
No. 119 s. 1993 dated May 11, 1993)
Documentary Requirements
through Public Biddings
Final Payment
2. External Audit
- an independent review/ examination of
transactions, operations, financial
statements/reports and operations of an
entity
- conducted regular intervals by a non-
affiliated independent party
4
INTERNAL CONTROL SYSTEM
Internal Control
• refer to an organization’s whole system
or network of methods, procedures, and
plans which govern its activities to
accomplish its goals and objectives
22
Background
1987 Constitution:
COA’s Objective:
[Section 25, P.D. No. 1445 (Government Auditing Code of the Philippines)]
Auditing Standards/Guidance
❑ Financial Audit (ISSAI 1000 -2000)
❑ Performance Audit (ISSAI 3000)
❑ Compliance Audit (ISSAI 4000)
❑ Specialized Type of Audit (ISSAI
5000)
Audit Methodology
Integrated Results and Risk-
Based Audit Methodology
per COA Resolution No. 2011-
009 dated October 20, 2011.
COA Audit Framework
Agency Audit
Conclusion
Planning and Audit
and
Risk Execution Reporting
Assessment
Monitoring
30
COA Audit Framework
STRATEGIC PLANNING AND RISK
Strategic Planning and Risk IDENTIFICATION
Identification
-is the integration point wherein the types of
Planning Delivery COA audit services are considered
Agency
Planning Execution Conclusion Activities:
and Audit and
Risk Reporting
Assessment ► Perform Government Risk
Monitoring
Identification (GRI)
► Develop/update the Government Risk
Model (GRM)
► Identify government risks
► Report the results of GRI
Strategic Planning and Risk
Identification ► Conduct COA Strategic Planning
► Conduct Annual Planning Conference
Government Annual
Risk Strategic ► Develop Sector Strategic Action Plan
Identification Planning ► Develop Cluster/Regional Operation
Plan
31
COA Audit Framework
PLANNING
Strategic Planning and Risk ► Agency Audit Planning and Risk
Identification
Assessment
Delivery
Planning
Agency
Activities:
Audit
Planning
Execution Conclusion
and
► Understand Audit Objective and
and Risk Reporting
Assessment Expectation
Monitoring ► Understand the Entity’s Procurement
Process
► Assess Risk and Internal Control
Planning System
Agency Planning and Audit Risk Assessment
Understand ► Identify Subject Matter
audit Understand Assess Risk
objective the Entity’s and Internal
and Procurement Control ► Determine Audit Criteria
Expectation Process System
Identify
Determine
Develop
Audit
► Develop Audit Program/Audit Plan
Subject
Audit Criteria Program/
Matter Plan
32
COA Audit Framework
PLANNING
Strategic Planning and Risk ► Agency Audit Planning and Risk
Identification
Assessment
Planning Delivery
Agency
Activities:
Audit
Planning
Execution Conclusion
and
► Understand Audit Objective and
and Risk Reporting
Assessment Expectation
Monitoring ► Understand the Entity’s Procurement
Process
► Assess Risk and Internal Control
Planning System
Agency Planning and Audit Risk Assessment
Understand ► Identify Subject Matter
audit Understand Assess Risk
objective the Entity’s and Internal
and Procurement Control ► Determine Audit Criteria
Expectation Process System
Identify
Determine
Develop
Audit
► Develop Audit Program/Audit Plan
Subject
Audit Criteria Program/
Matter Plan
33
COA Audit Framework
DELIVERY
Strategic Planning and Risk
Identification Activities:
Planning Delivery
Execution – Performing the Audit
Agency
Conclusion
Planning
and Audit
Execution
and ► Conduct Entrance Conference
Risk Reporting
Assessment
► Execute Audit Program – apply
Monitoring tools/techniques in gathering audit
evidence
Develop Audit
► Develop Audit Findings and
Conduct Entrance
Conference
Findings and
Recommendations
Recommendations
Communicate Audit
► Communicate Audit Results
Execute Audit Tests Results
► Conduct Exit Conference
Evaluate Audit Conduct Exit
Results Conference
3
4
COA Audit Framework
DELIVERY
Strategic Planning and Risk
Identification Activities:
Planning Delivery ► Conclusion and Reporting
Agency
Planning Execution Conclusion
and Audit
Risk
and
Reporting ► Summarize Audit Results
Assessment
► Prepare Audit Report
Monitoring
► Perform over-all audit review
► Wrap-up and archive the engagement
Delivery – Conclusion and
(Organize audit working paper file)
Reporting
► Follow-up agency action plan
Summarize Audit Wrap-up and archive
Results the engagement
Agency
Planning
and Audit
Execution Conclusion
and
► Monitor quality control on audit
Reporting
Risk
Assessment
services
❑ Engagement Quality Control
Monitoring
Review
❑ Quality Assurance Review
Monitoring
(Monitor quality control)
36
Procurement Audit
Sample Procurement Risks
Sample Risk Sample Audit
Sample Audit Procedures
Statement Objective
1. Items procured • To verify that only • Understand the program, project or
may not be items crucial and activity – its nature and objectives
necessary or not necessary are • Understand the agency mandate
crucial to the included in the • Analyse if the items procured are
mandate and PPMPs and the crucial and necessary to the
operations of APP. attainment of the PE’s mandate/
the PE, or to the mission/ operations/ objectives of the
objectives of the program/project
program/ • Take note of items that are not crucial
project. or unnecessary, if any and obtain the
reasons for their acquisition.
Sample Risk
Sample Audit Objective Sample Audit Procedures
Statement
23. Subcontractors • To determine whether the • Request for a list of all subcontracts
may have PE has ensured that approved by the PE including the eligibility
conflict of conditions of the contract
documents required to be submitted by
interest and/or with regard to sub-
have not been contracting are complied subcontractors under ITB Clause 12 for the
approved to with. infrastructure contract being implemented
work on the and the total amount of all and determine whether the subcontractors
project, and the subcontracts do not comply with the eligibility criteria in the BDS.
total amount of exceed 50% of the value of (NOTE: To validate that the list includes all
all subcontracts the contracted works.) subcontractors, or as an alternative in case the PE does
may exceed not cooperate, the Auditor may invoke or cite Clause
50% of the 34.3. of the GCC which states: “The Contractor shall
value of the permit the Funding Source named in the SCC to inspect
contracted the Contractor’s accounts and records relating to the
performance of the Contractor and to have them audited
works)
by auditors appointed by the Funding Source, if so
required by the Funding Source.”)
Commission on Audit and the 23
Procurement Audit
Sample Procurement Risks
Sample Risk Sample Audit
Sample Audit Procedures
Statement Objective