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06 Alternative Methods of Procurement.05282018 - EDITED
06 Alternative Methods of Procurement.05282018 - EDITED
OF PROCUREMENT
Annex “H” of the 2016 IRR of RA 9184
PPLICABILITY:
ONDITIONS:
Highly specialized types where only a few bidders are known
to be available, or
Major plant components beneficial to limit bidding to known
qualified bidders to maintain uniform quality and
performance of the plant
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1. LIMITED SOURCE BIDDING
APPLICABILITY:
CONDITIONS:
Highly specialized types where only a few bidders are known to be available,
or
Major plant components beneficial to limit bidding to known qualified
bidders to maintain uniform quality and performance of the plant
REQUIREMENTS PRIOR TO CONDUCT:
End-user to conduct survey of the industry and determine the supply source.
End-user should also justify the necessity for the item that may be only
procured through Direct Contracting and prove that there is no suitable
substitute in the market.
Items of proprietary nature from proprietary source, i.e patents, trade secrets,
and copyrights;
Critical components from a specific supplier to hold a contractor to guarantee
its project performance; or
Items sold by an exclusive manufacturer or dealer, subject to the following
conditions:
No other suppliers selling it at lower prices; and
No suitable substitute can be obtained at more advantageous terms to the
Government
CONDITIONS:
1. Same or lower unit prices than those in the original contract, provided
that such prices are still the most advantageous to the GOP after price
verification;
2. No splitting of contracts, requisitions and Purchase Orders;
3. Availed of within 6 months from the date of the NTP arising from the
4. Not to exceed 25% of the quantity of each item in the original contract;
The phrase “ordinary or regular office supplies” are those supplies,
commodities, or materials which are necessary in the transaction of official
business, and consumed in the day-to-day operations. This will not include
services such as repair and maintenance of equipment and furniture, as well as
trucking, hauling and related ot analogous services.
The RFQ may be sent directly to the supplier of known technical, legal and
financial qualifications. Sending of one (1) RFQ will suffice.
Posting of the RFQ may be dispensed with.
The BAC shall send the RFQs to at least three (3) suppliers of known
qualifications, and at least three (3) price quotations must be obtained.
The deadline for submission may be extended thrice, if none or less
than the required number of quotations are received.
In case no supplier responded after the third extension, the BAC
shall conduct a mandatory review in accordance with Section IV(K)
of Annex H.
The RFQ must indicate the specification, quantity, ABC, and other terms and
conditions of the item to be procured pursuant to Section 3(a) of the
Guidelines.
In addition, the RFQ must prescribe the manner by which price quotations
shall be submitted i.e., by sealed or open quotation.
The BAC shall prepare and send the RFQs/RFPs to at least three (3) suppliers,
contractors or consultants of known qualifications.
Receipt of at least one (1) quotation/proposal is sufficient to proceed with the
evaluation thereof.
PROCEDURAL
VALUEproduce
PROCUREMENT
supporting
documents that it has
invited at least 3
GUIDELINES: suppliers.
Send RFQ/RFP to at Post in PhilGEPS, PE’s
least 3 suppliers website and conspicuous
Prepare
*May be 1 in case of 52.1(a) place for 3 cd
RFQ/RFP
*Receipt of 3 RFQs for 52.1(b) is *Except 52.1(a) and ABC 50k and below
mandatory *Extend deadline if no quotation is received
Receipt of 1 RFQ in SVP will suffice
Invite at least
three (3)
suppliers/ Best Offer Awarding of
contractors/ contract
consultants
Requirements, guidelines,
documents, clarifications, or other
information relative to the
negotiations shall be
communicated
Government Procurement Policy Board – Technical on an equal basis.
Support Office
5.b NEGOTIATED PROCUREMENT -
TWO FAILED BIDDINGS
CONDITIONS:
When the reason or cause for the emergency has already been abated,
adoption of competitive bidding shall be considered.
CONDITIONS:
The BAC shall post-qualify and negotiate starting with the 2nd LCB or HRB
Authority to negotiate
at the said bidder’s original bid price, then oncontracts
to the next
for if negotiation
projects under fails.
this modality shall be subject
to prior approval by the HoPE.
If negotiation fails, the BAC may either:
1. Invite a short list of at least three (3) suppliers, contractors or
consultants to submit bids and negotiate starting with the LCB or HRB;
or
2. Resort to any other appropriate alternative method of procurement.
CONDITIONS:
1. Original contract is a result of competitive bidding;
2. Subject contract has similar or related scopes of work;
3. Within the contracting capacity of the contractor/consultant;
1. The PE shall justify that entering into an A-to-A with the Servicing Agency
is more efficient and economical to the government;
2. The Servicing Agency has the mandate to deliver the goods and services
required to be procured or to undertake the infrastructure project or
consultancy required by the Procuring Agency;
3. Servicing Agency has the absorptive capacity to undertake the project;
4. Servicing Agency owns or has access to the necessary tools and equipment
required for the project;
The End-User
The End-User shall secure a The HoPE shall
shall justify to certificate enter into a
The BAC shall
the BAC that from the MOA with the
issue a
the resort to relevant officer Servicing
Resolution
A-to-A is more of the Agency upon
recommending
efficient and Servicing approval of the
the use of A-to-
economical to Agency that BAC
A to the HoPE.
the the latter recommendati
government. complies with on
the conditions.
APPLICABILITY:
APPLICABILITY:
4. Scientific, technical, economic, business, trade or legal journal,
magazine, paper, subscription, or other exclusive statistical
publications and references;
5. Media documentation, advertisement, or announcement through
television, radio, newspaper, internet, and other communication
media.
6. The construction or installation of an infrastructure facility where
the material, equipment, or technology under a proprietary right
can only be obtained from the same contractor.
Government Procurement Policy Board – Technical Support Office
5.g NEGOTIATED PROCUREMENT
SCIENTIFIC, SCHOLARLY OR ARTISTIC WORK,
EXCLUSIVE TECHNOLOGY AND MEDIA SERVICES
CONDITIONS:
CONDITIONS:
1. Work involves:
Highly technical or proprietary; or
Primarily confidential or policy determining, where trust and confidence are
the
primary consideration; and
2. Term is, at the most, 1 year, renewable at the option of the appointing HOPE, but
in no case to exceed the term of the latter.
Government Procurement Policy Board – Technical Support Office
5.i NEGOTIATED PROCUREMENT
DEFENSE COOPERATION
APPLICABILITY:
AGREEMENT
Goods and Consulting Services to be used by AFP
major defense equipment or materiel
defense-related consultancy services
CONDITIONS:
1. Prior approval of the President;
2. Expertise or capability required is not available locally;
3. DND Secretary has determined that the interests of the country shall be
protected by negotiating directly with an agency or instrumentality of another
country with existing defense cooperation agreement or diplomatic relations
with the Philippines; and
4. Performance security under §39 of IRR of RA 9184 shall be required to supplier
CONDITION:
Appropriation law or ordinance earmarks an amount to b
contracted to NGOs
PE may opt to:
1. Conduct public bidding; or
2. Enter into a MOA with an NGO, subject to the guidelines issued
by the GPPB for the purpose
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5.k NEGOTIATED PROCUREMENT
NGO PARTICIPATION
APPLICABILITY:
CONDITIONS:
Appropriation law or ordinance earmarks an amount to be contracted to
NGOs
CONDITION:
●
Certificate of Registration from DTI, SEC, CDA, DOLE, NCIP, national
government agency or local government unit (LGU)
●
Certificate from the leader of the community-based provider
●
Stating no relationship, either by consanguinity or affinity up to the fourth
degree, to the Head of Procuring Entity, a member of the BAC, or other
official authorized to process and/or approve the proposal, contract, and
release of funds
●
Disclosure of related business/es
●
List of completed contracts
●
similar to procurement or list
●
indicating the experiences of members of the community-based service
provider that satisfies the technical requirements of the procurement at hand
●
in terms of its capacity to deliver the goods
●
perform the non-consulting service
●
or construct the simple infrastructure project, at an equal or higher established
standards.
●
Certificate that the community-based service provider has an existing bank
account
●
Updated audited financial statement
●
Proof that it has financial management system that maintains the following
sets of book of accounts: cash receipts book, cash disbursement book,
ledger/logbook, subsidiary ledger (particularly for inputs, assets, properties
belonging to community based service provider, bank book/bank
statements, disbursement vouchers, and official receipt
●
Legal Requirements
●
Technical Requirements
●
Financial Requirements
●
Legal Requirements
●
Certificate from the Punong Barangay
●
Stating individual members of the group are residents of the target community(ies)
●
Resolution or minutes of the Barangay Assembly
●
approving the creation of the community group as a community-based service provider
●
Technical Requirements
●
List indicating the experiences of members of the community-based service
provider
●
satisfies the workmanship and skill set requirements for the procurement at
hand
●
Financial Requirements
●
Guidelines for the establishment of a financial management system
necessary for the performance of the project and the implementation of a
payroll system
CONDITIONS:
Procurement from UN Agencies, IOs or IFIs, of any of the following:
a. Small quantities of off-the-shelf goods, primarily in the fields of education and
health;
b. Specialized products where the number of suppliers is limited; or
c. Goods, Infrastructure Projects and Consulting Services, involving advanced
technologies, techniques and innovations not locally available as certified by the
HoPE,.
Government Procurement Policy Board – Technical Support Office
DOCUMENTARY
REQUIREMENTS
The BAC shall indicate in the RFQ or RFP at what stage of the procurement
Take-Over of Contracts
(Section 53.3.2; for new
bidders)
Adjacent/ Contiguous
(Section 53.4)
Scientific, Scholarly or
Artistic Work, Exclusive For ABCs
above
Technology and Media
Services (Section 53.6) P500K
Lease of Real Property Except for Except for Except for
Or Venue (Section gov’t gov’t gov’t
53.10) agencies agencies agencies
as lessors as lessors as lessors
For Two-Failed Biddings and LSB, the BAC shall require the submission of a
Certificate of PhilGEPS Registration in accordance with Sec. 8.5.2 of the IRR of
RA 9184
Under Sec. 13.3 of the revised IRR of RA 9184, Observers shall be invited at
least five (5) cd before the date of the negotiation and the absence of
Observers will not nullify the BAC proceedings, provided that they have been
duly invited in writing.
This rule shall also apply to the goods component of infrastructure projects
and consulting services.
The conduct of the following may be delegated to End-user unit or any other
appropriate bureau, committee, or support unit duly authorized by the BAC
through a Resolution approved by the HoPE:
1. Shopping (b)
2. Negotiated Procurement under Emergency Cases
3. Small Value Procurement
4. Lease of Real Property and Venue
Shopping A and Emergency cases, the delegated authority can be until award
of contract
In no case shall WS be
Two-Failed Biddings required in the
procurement of
Consulting Services.
Take-over of Contracts
Adjacent/Contiguous For Infrastructure Projects,
WS is required.
CONTACT US AT:
TeleFax: (632)900-6741 to 44
Email address: gppb@gppb.gov.ph