Procurement

Refers to a contract or understanding, regardless of nomenclature, entered into between the GoP and another government or foreign or international financing institution in written form and governed by international law, whether embodied in a single instrument or in two (2) or more related instruments. 

Refers to a responsibility in which the BAC, Technical Working Group (TWG), and Secretariat members, including the End-User or Implementing Unit, give utmost priority to procurement assignments over all other duties and responsibilities until the requirements for the procurement at hand are completed.

Refers to having the legal capacity to act as an entity as evidenced by permits, licenses, and/or registrations required by law to engage in the business of manufacturing, distributing, or delivering the Goods, Infrastructure Projects, or Consulting Services being procured.

Refers to the total cost of ownership over the entire life span of an asset covering its acquisition, operation, maintenance, and disposal.

Refers to the authority given to the Procuring Entity to procure multi-year projects in accordance with the form and conditions set by the DBM.

Refer to articles which are not consumed in use and ordinarily retain their original identity during the period of use, whose serviceable life is more than one (1) year and which add to the assets of the GoP (e.g., furniture, fixtures, transport and other equipment). For this IRR, the term non-expendable supplies shall include semi expendable property.

To enhance the transparency of the process, the BAC shall, during the eligibility checking, shortlisting, pre-bid conference, preliminary examination of bids, bid evaluation, and post-qualification, invite:

1. Representative of the COA
2. At least two (2) observers, who shall not have the right to vote, to sit in its proceedings

• • At least one (1) shall come from a duly recognized private group in a sector or discipline relevant to the procurement at hand, for example:
    • For Infrastructure Projects, national associations of constructors duly recognized by the Construction Industry Authority of the Philippines (CIAP), such as, but not limited to the following: (1) Philippine Constructors Association, Inc.; or (2) National Constructors Association of the Philippines, Inc.
    • For Goods, a specific relevant chamber-member of the Philippine Chamber of Commerce and Industry.
    • For Consulting Services, a project-related professional organization accredited or duly recognized by the Professional Regulation Commission or the Supreme Court, such as, but not limited to: (1) Philippine Institute of Civil Engineers (PICE); (2) Philippine Institute of Certified Public Accountants (PICPA); or (3) Confederation of Filipino Consulting Organizations;
  • The other observer shall come from a non-government organization (NGO).

The observers shall come from an organization duly registered with the Securities and Exchange Commission (SEC) or the Cooperative Development Authority (CDA), and should meet the following criteria:

1. Knowledge, experience or expertise in procurement or in the subject matter of the contract to be bid;
2. Absence of actual or potential conflict of interest in the contract to be bid; and
3. Any other relevant criteria that may be determined by the BAC.

Observers shall be invited at least five (5) calendar days before the date of the procurement stage/activity. The absence of observers will not nullify the BAC proceedings: Provided, That they have been duly invited in writing. The Procuring Entities should ensure that the invitation is received at least five (5) calendar days before each procurement activity. In the event that a procurement activity has to be postponed, the observers shall be notified immediately of the change in schedule.

The observers shall have the following responsibilities: 

1. To prepare the report either jointly or separately indicating their observations made on the procurement activities conducted by the BAC for submission to the HoPE, copy furnished the BAC Chairperson. The report shall assess the extent of the BAC’s compliance with the provisions of this IRR and areas of improvement in the BAC’s proceedings;
2. to submit their report to the Procuring Entity and furnish a copy to the GPPB and Office of the Ombudsman/Resident Ombudsman. If no report is submitted by the observer within seven (7) calendar days after each procurement activity, then it is presumed that the bidding activity conducted by the BAC followed the correct procedure; and
3. To immediately inhibit and notify in writing the Procuring Entity concerned of any actual or potential interest in the contract to be bid.

Observers shall be allowed access to or be provided with the following documents free of charge upon their request: (a) minutes of BAC meetings; (b) abstract of Bids; (c)
post-qualification summary report; (d) APP and related PPMP; and (e) opened proposals.

In all instances, observers shall be required to enter into a confidentiality agreement with the concerned Procuring Entity in accordance with the form prescribed by the GPPB.

To promote transparency and efficiency, information and communications technology shall be utilized in the conduct of procurement procedures. Accordingly, there shall be a single portal that shall serve as the primary source of information on all government procurement. The PhilGEPS shall serve as the primary and definitive source of information on government procurement.

For purposes of, and throughout this IRR, the term “PhilGEPS” shall have the same meaning as, and shall be used interchangeably with, “G-EPS” referred to in the Act.

Refers to an individual or a sole proprietor who is a citizen of the Philippines or a partnership, corporation, or association organized under the laws of the Philippines of which at least sixty percent (60%) of the capital or interest is owned by citizens of the Philippines, or cooperatives registered with the Cooperative Development Authority.

Refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by the Procuring Entity. In case of projects involving mixed procurements, the nature of the procurement, i.e., Goods, Infrastructure Projects or Consulting Services, shall be determined based on the primary purpose of the contract. Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed by the provisions of R.A. 10752 and other applicable laws, rules and regulations.