GPRA Flashcards
Encompasses the whole process of acquiring property or services. It continues through the processes of risk assessment, seeking and evaluating alternative solutions, contract award, delivery of and payment for the property of services
Procurement
3 things acquired by the government by means of procurement
- Goods
- Consulting services
- Infrastructure projects
GPRA
Government Procurement Reform Act
The optimum combination of whole of life costs and quality to meet the customers’ requirements
Value for money
All procurement shall be done through what kind of bidding
Competitive bidding
Procurement Governing Principles
- Transparency
- Efficiency
- Equity
- Competition
- Accountability
- Public Monitoring
- Economy
(TEE-CAPE)
Scope and application of the revised IRR (3)
- Domestically-funded procurement
- Foreign-funded procurement
- “Pacta sunt servanda” - any treaty/international agreement shall be observed
The revised IRR shall not apply to these 3
- Procurement from foreign grants
- Acquisition of real property
- Public-Private Projects
No procurement shall be undertaken unless it is in accordance with the approved ___
Annual Procurement Plan
The Annual Procurement Plan shall be approved by the ___ and must be consistent with yearly budget
Head of Procuring Entity
Budget for the contract duly approved by the HOPE, as provided for in the GAA
Approved Budget for the Contract
PPMP
Project Procurement Management Plan
Includes information on whether the Programs, Activities, an Projects (PAPs) will be contracted out, implemented by administration, or consigned; the type and objective of the contract; and the extent of the contract scope
Project Procurement Management Plan
A homogeneous group of activities necessary for the performance of a major purpose for which a government agency is established, for the basic maintenance of the agency’s administrative operations or for the provisions of staff support to the agency’s administrative operations or for the provisions of staff support to the agency’s line functions
Program
Special agency undertakings which are to be carried out within a definite time frame and which are intended to result in some pre-determined measure of goods and services
Project
Unit as proponent of program or project
PMO/End user
Alternative methods of procurement (5)
- Limited source bidding
- Direct contracting
- Repeat order
- Shopping
- Negotiated procurement
(LiDaR SoN)
PMR
Procurement Monitoring Report
Shall cover all procurement activities specified in the Annual Procurement Plan, whether ongoing and completed, from the holding of pre-procurement conference to issuance of NOA and approval of contract, including the standard and actual time for each major procurement activity
Procurement Monitoring Report
The Procurement Monitoring Report is the responsibility of the ___
BAC
The Procurement Monitoring Report shall be approved by the ___ and submitted to the ___ within how many days after the end of each semester?
HOPE, GPPB, 14 CD
GPPB
Government Procurement Policy Board
Annual Procurement Plans and Project Procurement Management Plan shall be undertaken every ___ or as often as required by ___
6 months, HOPE
PhilGEPS
Philippine Government Electronic Procurement System
Serves as the primary and definitive source of information on all government procurement
PhilGEPS
3 ways of procuring common-use supplies and equipment
- DBM-Procurement Service (PS)
- DBM-Procurement Service Catalogue in the PhilGEPS
- PhilGEPS Public Access Terminals
Reason why HOPE may be allowed to create separate BACs
To expedite the procurement process considering the number and complexity of items to be produces
Number of BAC composition
5 to 7 members
Regular members of the BAC
- Chairman (at least 3rd ranking permanent official)
- Member with legal or administrative background (at least 5th ranking permanent official)
- Member with finance background (at least 5th ranking permanent official)
Provisional members of BAC
- Officer with technical expertise relevant to procurement
2. Representative from end user unit
Fixed term of BAC members
1 year
Quorum for BAC
Majority is required, and presence of Chairman or Vice-Chairman is required
Main support unit of the BAC
BAC Secretariat
In Bureaus, the Regional/Sub-Regional/District Offices regular member of BAC shall be ___ ranking permanent personnel
3rd ranking permanent personnel
For Central Offices, the Head of the BAC Secretariat shall be ___ ranking permanent employee
5th ranking permanent employee
For Bureaus/Regional Offices, the Head of the BAC Secretariat shall be ___ ranking permanent employee
3rd ranking permanent employee
If the 5th/3rd ranking permanent employee is not available, a permanent employee of the ___ rank shall be appointed
Next lower rank
Created by the BAC from a pool of technical, financial, and legal experts to assist in the eligibility screening, evaluation of bids, and postqualification
Technical Working Group
The Procuring Entity may grant Honoraria in an amount not to exceed ___ of their respective monthly salary, subject to availability of funds
25%
In addition to the COA representative, the BAC shall invite ___ observers who are ___
2 observers, from a duly recognized private sector association, and from a NGO
The COA representative and 2 observers shall be present in ___ of the procurement process
All stages
The Government Procurement Policy Board shall establish an equitable ___ for BAC, BAC Secretariat, and TWG members
Indemnification package
All bidding documents shall be accompanied by a ___ of the bidder that he or any officer of their partnership or corporation is ___
Sworn affidavit, not related to the HOPE by consanguinity or affinity up to the 3rd civil degree
Motion for reconsideration (MR) shall be filed within ___ from receipt of BAC notice
3 CD
BAC shall resolve the motion for reconsideration within ___
7 CD
If the motion for reconsideration is denied, the bidder may file a ___ to the HOPE
Protest in writing
The non-refundable protest fee is equal to ___ of ABC
1%
The protest must be filed within ___ from the date the BAC issued a resolution denying the motion for reconsideration
7 CD
The Head of the Agency shall resolve the protest within ___ from receipt thereof
7 CD
Penalty for administrative liability, 1st offense
1 year suspension
Penalty for administrative liability, 2nd offense
2 years suspension
Penalty for administrative liability, 3rd offense (?)
Disqualification to participate in any specific bidding
Penalty for civil liability (2)
a. Restitution for the damage done
b. Forfeiture of unwarranted benefit
Penalty for criminal liability
Imprisonment for not less than 6 months and 1 day, but not more than 15 years
Purpose is to determine readiness of procurement and criteria
Pre-procurement conference
ITB
Invitation to Bidders
REI
Request for Eligibility and Interest
Pre-procurement conference is mandatory if ___ for goods, ___ for consulting services, and ___ for civil works
Above 2 million for goods
Above 1 million for consulting services
Above 5 million for civil works
Purpose is to open/encourage wide participation among prospective bidders, in pursuit of transparency and economy
Advertisement/posting of invitation to bid
Period between last day of period for Advertisement of Invitation to Bid and Opening of Bids
45 CD
Shall be the upper limit/ceiling for bid prices
Approved Budget of Contract
Advertisement of Invitation to Bid shall be mandatory if ___ for goods, ___ for consulting services, and ___ for civil works
10 million for goods
5 million for consulting services
15 million for infrastructure projects
Advertisement of Invitation to Bid should be published in (5)
- Newspaper which has been published nationwide for at least 2 years
- PhilGEPS
- Website of the Procuring Entity
- Website of the International Financial Institution
- At any conspicuous place in the Procuring Entity’s premises
Purpose is to clarify and/or explain any of the requirements, terms, conditions, and specifications
Pre-Bid Conference
Pre-bid conference is required if ABC is equal to or more than ___
1 million
Pre-bid conference is held at least ___ before deadline for submission, but not earlier than ___ from posting the advertisement or bid opportunities
12 CD, 7 CD
Is attendance of bidder not mandatory at the pre-bid conference?
Yes
After the pre-bid conference,minutes shall be made available to all bidders/participants not later than ___
3 CD
Requests for clarification shall be made in writing at least ___ before the deadline set for the submission and receipt of bids
10 CD
The BAC shall respond to requests for clarification by issuing ___ at least ___ before the deadline set for the submission and receipt of bids
Supplemental Bid Bulletin, 7 CD
Purpose is to clarify or modify any provision of the Bidding Documents
Supplemental/Bid Bulletin
Contents of the first envelope
Eligibility requirement and technical component
Purpose is to determine the eligibility of the bidders using the criteria specified in the Bidding Documents
Opening of Bids
Content of the second envelope
Financial component
NFCC
Net Financial Contracting Capacity
Class B Documents
Valid Joint Venture Agreement or duly notarized statements from all potential JV partners
Technical eligibility criteria for goods: expendable supplies are ___ of the ABC
25%
Technical eligibility criteria for goods: services and non-expendable supplies are ___ of the ABC
50%
Formula for Net Financial Contracting Capacity
[Current assets - current liabilities (K)] - value of all outstanding/uncompleted contracts
CLC
Credit Line Commitment
CLC must be ___ of ABC
Equal to 10% of ABC
Amount of bid security for cash or cashier’s/manager’s check and bank draft/guarantee or irrevocable letter of credit
2%
Amount of bid security for surety bond callable upon demand
5%
Amount of bid security for any combination of the foregoing
Proportionate to share of form with respect to total amount of security
The bidder may provide a ___, an additional form of bid security that has no or insignificant money value, aimed to increase bidders’ participation, decrease transactional cost, and reduce bid prices
Duly-notarized Bid Securing Declaration
Bids and bid securities shall be valid for a reasonable period as determined by the HOPE, which shall be indicated in the Bid Docs, but in no case shall exceed ___ from bid opening
120 days
A bidder may modify his bid, provided that this is done ___.
Before the deadline for the receipt of bids
A bidder may, through a letter, withdraw his bid or express his intention not to participate ___. He shall no longer be allowed to submit another bid for the same contract.
Before the deadline for the receipt of bids
Purpose is to determine the Lowest Calculated Bid (LCB)
Bid Evaluation
Communication with bidders is prohibited from ___ until ___
Bid evaluation until award of contract
Bid evaluation shall not be more than ___
7 CD
Purpose is to determine whether bidder with Lowest Calculated Bid complies with and is responsive to all requirements and conditions of eligibility and bidding of the contract - to be declared the Lowest Calculated and Responsive Bid (LCRB)
Post-Qualification
Post-qualification is to be accomplished not more than ___ from determination of Lowest Calculated Bid. Exceptional cases are not to exceed ___
7 CD*, 30 CD
Within ___ from receipt of Notice that the bidder has the Lowest Calculated Bid, he shall submit his latest income and business tax returns, and other appropriate licenses
3 CD*
In case of approval by HOPE, Notice of Award should be immediately issued to LCRB. HOPE has ___ to decide whether or not to issue Notice of Award
7 CD*
NOA is subject to the following (3)
- Submission of valid JVA, within 10 CD upon receipt by the bidder that it was the LCRB:
- Posting of Performance Security, which should be within 10 CD
- Signed contract
Notice of Award of Contract is to be posted at the PhilGEPS, website, and CP within ___ after issuance
3 CD
The procuring entity shall issue the Notice to Proceed together with a copy of the Contract within ___ upon approval
3 CD*
The contract effectivity date indicated in the NTP shall not be later than ___ from its issuance
7 CD
Within ___ from the issuance of the NTP, the BAC Secretariat shall post a copy of the NTP and the Approved Contract in the PhilGEPS
15 CD
Threshold for NGAs, GOCCs, GFIs, SUCs, and Autonomous Regional Government:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 100,000 (old), 200,000 (new)
b. 500,000 (old), 1,000,000 (new)
c. 500,000 (old), 1,000,000 (new)
Threshold for 4th to 6th class municipality:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 50,000 (old), 100,000 (new)
b. 50,000 (old), 100,000 (new)
c. 50,000 (old), 100,000 (new)
Threshold for 6th class city and 1st to 3rd class municipality:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 50,000 (old), 100,000 (new)
b. 100,000 (old), 200,000 (new)
c. 100,000 (old), 200,000 (new)
Threshold for 6th class province and 5th class city:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 50,000 (old), 100,000 (new)
b. 200,000 (old), 400,000 (new)
c. 200,000 (old), 400,000 (new)
Threshold for 5th class province and 4th class city:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 60,000 (old), 120,000 (new)
b. 300,000 (old), 600,000 (new)
c. 300,000 (old), 600,000 (new)
Threshold for 4th class province and 3rd class city:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 80,000 (old), 160,000 (new)
b. 400,000 (old), 800,000 (new)
c. 400,000 (old), 800,000 (new)
Threshold for 1st to 3rd class province and 1st to 2nd class city:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 100,000 (old), 200,000 (new)
b. 500,000 (old), 1,000,000 (new)
c. 500,000 (old), 1,000,000 (new)
Threshold for barangays:
a. shopping, unforeseen contingencies
b. shopping, procurement of ordinary office supplies and equipment not available in the Procurement service
c. small value procurement
a. 50,000
b. 50,000
c, 50,000
Defines the objective, scope, and outputs of the project; eligibility of bidders; technical requirements
Bidding documents
Prescribed format of the bidding documents
5th edition - consistent with 2016 revised IRR
Maximum cost of bidding documents for ABC 500,000 and below
500
Maximum cost of bidding documents for ABC 500,000 to 1 million
1,000
Maximum cost of bidding documents for ABC more than 1 million to 5 million
5,000
Maximum cost of bidding documents for ABC more than 5 million to 10 million
10,000
Maximum cost of bidding documents for ABC more than 10 million to 50 million
25,000
Maximum cost of bidding documents for ABC more than 50 million to 500 million
50,000
Maximum cost of bidding documents for ABC of more than 500 million
75,000
IB
Invitation to Bid
BDS
Bid Data Sheet
GCC
General Conditions of Contract
SCC
Special Conditions of Contract
BOQ
Bill of Quantities
Method of procurement that involves 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 contact
Limited source bidding or selective bidding
Method of procurement that 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
Method of procurement that involves direct Procurement of Goods from the previous winning bidder, whenever there is a need to replenish Goods procured under a contract previously awarded through Competitive Bidding
Repeat Order
Method of procurement whereby the Procuring Entity simply 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 qualification
Shopping
Method of Procurement that may be resorted under the extraordinary circumstances, whereby the Procuring Entity directly negotiates a contract with a technically, legally, and financially capable supplier, contractor or consultant
Negotiated procurement
