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Regulatory Framework for Business Transactions > Government Procurement Act > Flashcards

Government Procurement Act Flashcards

1
Q

Governing Policies in Government Procurement

A
  1. Transparency
  2. Competitiveness
  3. Streamlined Procurement Process
  4. System of Accountability
  5. Public Monitoring
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2
Q

Scope of Application

A
  1. Infrastructure Projects
  2. Goods and Consulting Services
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3
Q

Bidding Documents Required

A
  1. Approved Budget for Contract
  2. Instructions to bidders
  3. Terms of Reference
  4. Plans and Technical Specifications
  5. Form of Bid, Price Form, and List of Goods or Bills of Quantities
  6. Delivery Time
  7. Form and Amount of Bid Security
  8. Form and amount of performance Security and Warranty; and
  9. Form of Contract
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4
Q

Pre-Procurement Conference

A

Held in each and every procurement to assess the readiness of the procurement in terms of confirming the certificiation of availability of funds as well as reviewing all relevant documents and draft Invitation to bid

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5
Q

Contents of Invitation to Bid

A
  1. Brief description of the subject matter of Procurement
  2. General statement on the criteria to be used by procuring entity for eligibility
  3. Date and time of submission and receipt of eligibility requirements
  4. Approved budget
  5. The source of funds
  6. Period of availability
  7. Contract duration
  8. Such other necessary information deemed relevant
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6
Q

Components of Bids

A
  1. Technical Component
  2. Financial Components
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7
Q

Modifications of Bids

A

May modify his bid provided that is done before the deadline of the receipt of bids

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8
Q

Withdrawal of Bids

A

Through a letter, a bidder may withdraw or express intention not to participate in the bidding before the deadline of the receipt of bids

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9
Q

Ceiling for Bid Prices

A

Upper limit or ceiling of the Bid prices shall be the Approved Budget for the Contract

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10
Q

Ranking for procurement of Goods and Infrastructure Projects

A

Ranked from lowest to highest in terms of their corresponding calculated price. Referred to as Lowest Calculated Bid

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11
Q

Bid evaluation for Consulting Services

A

Ranked using numerical ratings in accordance with Evaluation Criteria. Hights calculated rating is the Highest Rated Bid

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12
Q

Failure of Negotiation with first-in-rank bidders

A

The financial proposal of the second rank bidder shall be opened for negotiations and whenever necessary will be repeated until the bid is awarded to the winning bidder

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13
Q

When is there a Failure of Bidding

A
  1. No bids are received
  2. No bid qualifies the Lowest Calculated Responsive Bid; or
  3. Whenever the bidder with highest rated/ lowest calculated responsive bid refuses to accept the award of contract without justifiable cost
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14
Q

What happens after 2nd failed Bidding

A

BAC may result to negotiated procurement

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15
Q

Single Calculate/ Rated and Responsive Bid scenarios

A
  1. Only one prospective bidder meets the eligibility requirement or criteria
  2. More than one prospective bidder applies but only one bidder meets the eligibility requirements or criteria
  3. More than one bidder meets the eligibility requirements but only one bidder submits a bid
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16
Q

Period of approving the said recommendation and awarding of Notice of Award

A

Not Exceeding 15 days

17
Q

Entering into the Contract by the Winning Bidder

A

Within 10 days from receipt of the Notice of Award, when further approval is needed maximum 20 days. If Government-owned and/or controlled corporation, within 30 days from receipt

18
Q

Period for Notice to Proceed

A

Not later than 7 days

19
Q

Reservation Clause Applicability

A
  1. Prima facie evidence of collusion
  2. BAC is found tio have failed in the following prescribed bidding procedures
  3. For any justifiable and reasonable ground where the contract will not redound to the benefit of the government
20
Q

Grounds for Termination

A
  1. Termination for Default
  2. Termination for Convenience
  3. Termination for iNsolvency
  4. Termination for Unlawful acts
21
Q

Alternative Methods of Procurement

A
  1. Limited Source Bidding
  2. Direct Contracting
  3. Repeat Order
  4. Shopping
  5. Negotiated Procurement
22
Q

Scenarios where Limited Source Bidding is allowed

A
  1. Highly specialized types of Goods and Consulting Services
  2. Major plant components
23
Q

Limited Source Bidding

A

Direct invitation to bid by the Procuring entity from a set of pre-selected suppliers or consultants with known experience and capabilities

24
Q

Direct Contracting

A

AKA Single source Procurement
Procurement that does not require elaborate Bidding documents because supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sal

25
Q

Scenarios where Direct Contracting is allowed

A
  1. Procurement of gods of propriety nature which can obtained from the propriety source
  2. Critical components from a specific manufacturer, supp[lier, or distributor
  3. Exclusive dealer or manufacturer
26
Q

Repeat Order

A

Involves direct procurement of goods form the previous winning bidder

27
Q

Conditions when repeat order is allowed

A
  1. Unit cost is equal to or lower than that provided in original contract
  2. Repeat order does not result in splitting requisition or purchase orders
  3. Within 6 months from the date of Notice to Proceed
  4. Not exceed 25% of quantity of each item in the original contract
28
Q

Shopping

A

Request for submission of price quotations for readily available off-the-shelf goods or ordinary/regular equipment

29
Q

Negotiatied Procurement

A

Extraordinary circumstance whereby Procuring entity directly negotiates a contract with a technically, legally, and financially capable supplier, contractor or consultant

Regulatory Framework for Business Transactions (22 decks)

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