Government Procurement Law Flashcards
Principles
Transparency (
Competitiveness (equal)
Streamlined procurement process (uniformly apply)
System of accountability
public monitoring
Scope
procurement of infrastructure project
goods and consulting services
ABC is approved by the _______
Head of procuring entity
prepares bidding document _______
under the standard of ______
procuring entity
Government Procurement Policy Board
Pre procurement conference
each and every procurement except those below a certain level
Assess the readiness of the procurement in terms of confirming the certification
Pre procurement conference
Advertising and contents
overaching principles
transparency and competitiveness
who advertised?
where?
procuring entity
premise nila
newspaper of general circulation
G EPS
and website of procuring entity
Pre bid conference frequency
when?
at least one prebid for ech procurement
before the deadline of receipt of bids
it determines eligibility of bidders
BAc or its duly organic office
Components of Bid
when is this submitted?
- technical
- Financial
Simultaneously
Modification of Bids
before deadline for receipt
withdrawal of bids
thru a letter before deadline for the receipt
serves as a guarantee that after receipt of Notice of Award, the wining bidders shall enter inot contract with the PE within
bid security
Bid validity
as stipulated
Bid opening
the BAC shall be publicly open to all bids
Bid evaluation has to stages
preliminary examination of bids
bid evaluation for short listed bidders
pass or fail criteria of the technical component
preliminary examination of bids
Ceiling for bid prices
Floor
ABC- any amount exceeding is disqualified
None
undergoes verification and validation of all requirements and conditions in the Bidding
Post qualification
labels in post qualifications
- lowest calculated responsive bid
- highest rated responsive bid
in case of failure of bidding, what will happen?
readvertised and re-bid
the same process to be observed by the BAC
after second failed bidding________
negotiated procurement is allowed
Procurement Process
PIR BPA
Preparation
Invitation
Receipt
Bid evaluation
Post qualification
Award, implementation and termination
approval of recommendation by the Head of PE
15 calendar days from determination and declaration by the BAC
in case of approval, the Head of PE issues____
notice of award
period to enter into contract
GR:
Max:
GOCC
10 calendar days from receipt of Notice of Award
max 20 calendar days if higher approval is needed
30 calendar days
Notice to Proceed
(clue: count the word proceed)
not later than 7 calendar days form date of approval
period of procurement process
max 3 months
inaction is deemed approval of contract
prior to signing; for faithful performance
Performance security
Reservation clause
- collusion
- BAC failed to follow the process
- disadvantageous ground for the government
Splitting of government contract is allowed
FALSE
Disclosure relations
sworn affidavit that he or she or any officer of the corporation is not related to the HEAD of procuring entity by consanguinity or affinity up to 3rd civil degree
AUTOMATIC DISSOLUTION
Selective bidding
limited source bidding
direct invitation to bid by the Procuring Entity from a set of pre-selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract.
selective/ limited source
instances for selective bidding
highly specialized types of Goods and Consulting Services
highly specialized types of Goods and Consulting Services
does not require elaborate Bidding Documents because the supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale, which offer may be accepted immediately or after some negotiations.
Direct Contracting or Single Source Procurement
instances for Direct Contracting or Single Source Procurement
- proprietary nature
- critical components from a specific manufucturer
- sold by an exclusive dealer or manufacturer which does not have subdealers selling at lower prices
requests for the submission of price quotations for READILY available off-the-shelf goods or ordinary/regular equipment to be procured directly from suppliers of known qualifications
shopping
directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant
Negotiated Procurement
rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities.
Take-Over of Contracts
subject contract is adjacent or contiguous to an on-going Infrastructure Project or Consulting Service where the consultants have unique experience and expertise to deliver the required service
Adjacent or Contiguous
max 1M
Small Value Procurement
insatnces for shopping
unforeseen contingency- max 200k
ordinary or regular office supplies and equipment not available in the Department of Budget and Management-Procurement Service- max 1M
in the Annual Procurement Plan
from rom the previous winning bidder
max: twenty-five percent (25%) of the quantity of each item in the original contract
repeat order
