DSS Pagba
DSS Pagba
DSS Pagba
Guidelines
OUTLINE:
I. Procurement 101
II.Updates on Procurement Rules
5 Rights in Public Procurement -
• Source - Understanding the Legal, Technical and
Financial Qualification of a Supplier;
• Quantity - Lean Procurement;
• Quality - Needs based;
• Price - Realistic Cost + Cost Factors (Life Cycle Cost)
• Delivery – Satisfaction at the right time
New Procurement Guidelines
Year 2022
Resolution No. 05-2022
Approving the Inclusion of Online Subscription to Negotiated
Procurement – Direct Retail Purchase under Section 53.14
of the 2016 Revised Implementing Rules and Regulations of RA
9184, including the Related Guidelines under Annex H thereof
A. INCLUDE online subscriptions to Negotiated Procurement – Direct Retail
Purchase under Section 53.14 of the 2016 revised IRR of RA No. 9184;
B. DEFINE the coverage of online subscription by including the paragraph under
Section 53.14 of the 2016 revised IRR of RA No. 9184 that states, “Online
subscriptions shall cover (i) electronic publications, reference materials, and
journals; (ii) computer software and applications such as video conferencing
applications, computer-aided design and drafting applications, office
productivity tools, and system protection software; (iii) web-based services
such as news and social media monitoring tools; and (iv) off-the-shelf
information systems, *except internet and cloud computing services;”
C. ADOPT the maximum ABC amounting to One Million Pesos (₱1,000,000);
provided that if the online subscription to be directly purchased would require an ABC
beyond the aforementioned amount, the ABC may be increased but not exceeding
Five Million Pesos (₱5,000,000) and subject to prior approval of the HoPE.
i. The end-user delegated to directly purchase POL products and i. The end-user delegated to directly purchase POL products, and
airline tickets in accordance with Part IV (J) of this Guidelines shall airline tickets, AND ONLINE SUBSCRIPTIONS in accordance
determine the supplier or service provider capable of delivering the with Part IV (J) of this Guidelines shall determine the supplier or
required POL products and airline tickets at retail pump price or at service provider capable of delivering the required POL products,
the most reasonable retail price, as the case may be. and airline tickets, AND ONLINE SUBSCRIPTIONS at retail
pump price or at the most reasonable retail price, as the case may
be.
ii. Taking into account the usual trade and business practices being ii. Taking into account the usual trade and business practices being
observed in the industry and the requirements and other observed in the industry and the requirements and other
reasonable considerations identified by the end-user, direct retail reasonable considerations identified by the end-user, direct retail
purchase of the required POL products or airline tickets shall be purchase of the required POL products, or airline tickets, OR
carried out in accordance with pertinent accounting principles and ONLINE SUBSCRIPTIONS shall be carried out in accordance
practices as well as of sound management and fiscal administration with pertinent accounting principles and practices as well as of
provided that they do not contravene existing sound management and fiscal administration provided that they do
not contravene existing laws and regulations applicable to financial
transactions.
Annex “H” of the 2016 Revised IRR of RA 9148 entitled ”Consolidated Guidelines for the Alternative Methods of
Procurement”
Original Amended
iii. THE END-USER SHALL CAREFULLY REVIEW THE TERMS AND CONDITIONS OR SIMILAR
AGREEMENTS WHICH SHALL CONTAIN A PROVISION ON COMPENSATION FOR LOSSES
INCURRED CAUSED BY DELAYS OF THE SUPPLIER OR SERVICE PROVIDER.
iv. THE PE SHALL REQUIRE THE SUBMISSION OF A WARRANTY SECURITY BASED ON THE END-
USER'S DETERMINATION THAT THE TERMS AND CONDITIONS OR SIMILAR AGREEMENTS DO
NOT PROVIDE CORRECTIVE ACTIONS TO BE UNDERTAKEN BY THE SUPPLIER OR SERVICE
PROVIDER ON ANY NOTED DEFECTS IN THE PROCURED ONLINE SUBSCRIPTION.
v. THE END-USER SHALL POST THE ELECTRONIC COPY OF THE PAYMENT CONFIRMATION
RECEIPT AND AGREED TERMS AND CONDITIONS OR SIMILAR AGREEMENTS FOR THE DIRECT
PURCHASE OF ONLINE SUBSCRIPTION AS EQUIVALENT DOCUMENTS OF THE NOA, AND
CONTRACT OR PURCHASE ORDER, RESPECTIVELY.
Resolution No. 02-2022
Approving the Conduct of the Pilot Testing
of the Revised Procurement Reports
Highlights of the proposed revised Procurement Reports:
1. The revised Procurement Reports shall be accomplished through drop-down menus,
auto-compute, auto-fill and auto-harvest functions which will reduce the manual and
repetitive encoding of information in the Procurement Reports. This will address the
concerns of the IATWG on the perceived complexity of completing Procurement Reports.
Accordingly, the filling out of PMR is distributed as follows:
Particulars No. of %
Columns
Columns to be filled out manually 15 27%
Total 56 100%
2. The pilot testing will likewise address and or validate the other observations,
questions, and recommendations raised during the consultation process, such as:
a. the officers/office who/that will be responsible for filling out specific columns of the
PMR;
b. the scope of planning and monitoring that will be included in the training program as
part of the roll-out of the revised Procurement Reports;
c. the information that should (or not) be part of the revised Procurement Reports; and
d. any possible overlap with the Modernized PhilGEPS.
Year 2021
Resolution No. 04-2021
Approving the Issuance of a Circular Reminding All Procuring
Entities to Comply with the Transparency,
Accountability, and Good Governance Policies and
Measures in the Procurement Process and the Amendment
to Section 22.4 of the 2016 Revised Implementing Rules and
Regulations of Republic Act No. 9184 and Circular No. 02-2018
ISSUANCE of a Circular to implement the provisions of *AO No. 34, s. 2020 as follows:
(i) Compliance with the transparency and accountability requirements under RA
No. 9184 and its 2016 revised IRR, GPPB issuances, and other relevant laws, rules and
regulations. In addition, all the agencies and instrumentalities under the Executive
Department shall strictly comply with the transparency, accountability, and good governance
policies and measures in the procurement process under AO No. 34, s. 2020, including the
use of their official websites and social media platforms as secondary source of
procurement information;
(ii) Publication by PEs under the Executive Department, including government-
owned or -controlled corporations and government financial institutions, and state
universities and colleges in a newspaper of general circulation of post-award
information enumerated in Section 4 of AO No. 34, s. 2020 for projects with an
Approved Budget for the Contract of Fifty Million Pesos (PhP 50,000,000.00) and
above;
*On 23 October 2020, the President signed Administrative Order (AO) No. 34, series of 2020
directing strict compliance by all agencies and instrumentalities of the Executive Department with
transparency, accountability, and good governance policies and measures in the procurement
process. Section 8 of AO No. 34, s. 2020 mandates the formulation of guidelines, as may be
necessary, for the effective implementation thereof.
(iii) Provision of online access to observers, referred to in Section 13
of RA No. 9184 and its 2016 revised IRR, to monitor all stages of the
procurement process through their own facilities until the Philippine
Government Electronic Procurement System (PhilGEPS) facility designed for
the purpose is ready and operational. PEs that are unable to provide online
access to duly authorized observers shall submit a justification in writing to the GPPB-
TSO, which shall be considered in the evaluation of their performance through the
Agency Procurement Compliance and Performance Indicator System and the
Procurement Monitoring Report; and
(iv) Posting of the Consolidated Blacklisting Report on the PhilGEPS and the
official website and social media platforms of the PEs.
Resolution No. 14-2021
Resolution Confirming that the Rule on the Application of a
License to Transact Business in the Philippines by a
Foreign Corporation is Based on Existing Securities
and Exchange Commission (SEC) Rules and Opinions
CONFIRM that the rule on the application of a license to transact business in
the Philippines by a foreign corporation is based on existing SEC rules and
opinions and that, unless otherwise ruled by the SEC, any of the allowable
types of registration for a foreign corporation under Sections 140 and
143 of RA No. 11232 shall suffice for purposes of awarding a contract
under RA No. 9184, subject to the specific requirements of the Procuring
Entity as demanded by its Procurement Project.
In case of foreign corporations which will engage in construction
activities, the CIAP rules and guidelines require the submission of a
valid SEC Certificate of Registration and appointment of a new Foreign
Resident Alien Representative or Authorized Managing Officer of the Philippines
prior to the issuance of a special license.
Resolution No. 15-2021
Lifting the Suspension on the Implementation of the
Mandatory Submission of PhilGEPS Certificate of
Platinum Registration and Membership in Competitive
Bidding and Limited Source Bidding
1. LIFT the suspension on the implementation of mandatory
submission of the PhilGEPS Certificate of Platinum Registration
and Membership in Competitive Bidding and Limited Source
Bidding; thus, fully enforcing Sections 8.5.2 and 54.6 of the
2016 revised IRR of RA No. 9184 starting 01 January 2022;
2. APPROVE the amendments in Section 8.5.2 of the 2016 revised IRR of RA 9184
and Items 4 and 6 of the Guidelines for the Use of the GoP-OMR to include the
following additional caveat in the Platinum Certificate of Registration and
Membership:
(i) to state that for the purpose of updating the PhilGEPS Certificate of
Platinum Registration and Membership, all Class “A” Eligibility
Documents covered by Section 8.5.2 of the 2016 revised IRR of RA 9184
supporting the veracity, authenticity and validity of the Certificate shall remain
current and updated, and that failure by the prospective bidder to update its
PhilGEPS Certificate of Platinum Registration and Membership with the current
and updated Class “A” Eligibility Documents covered by Section 8.5.2 of the
2016 revised IRR of RA 9184 shall result in the automatic suspension of
the validity of its Certificate of Platinum Registration and Membership
until such time that all of the expired Class “A” Eligibility Documents has been
updated; and
(ii) to reflect that through the submission of said Certificate, the Bidder certifies:
a. the authenticity, genuineness, validity, and completeness of the copy
of the original eligibility documents submitted;
b. the veracity of the statements and information contained therein;
c. that the Certificate is neither a guaranty that the named registrant
will be declared eligible without first being determined to be such for that
particular bidding nor is it evidence that the Bidder has passed the post-
qualification stage; and
d. that any finding of concealment, falsification or misrepresentation
on the part of the Bidder of any of the eligibility documents
submitted or the contents thereof shall be a ground for disqualification from
further participation in the bidding process, without prejudice to the
imposition of appropriate administrative, civil and criminal penalty
in accordance with the laws.
3. AMEND Sections 23.3 and 24.4.3 of the 2016 revised IRR of RA 9184 and
the Checklist of the Technical and Financial Documents listed under Item I of Sections
VIII and IX of the 6th Edition of the PBD for Goods and the PBD for Infrastructure
Projects, respectively, in order to reflect that in lieu of the Class “A” Eligibility
Documents mentioned in Section 8.5.2 of the 2016 revised IRR of RA 9184,
the Bidder shall only submit a valid and updated PhilGEPS Certificate of
Platinum Registration and Membership for purposes of determining eligibility;
4. AMEND Sections 23.1(a)(ii) and 24.1(a)(ii) of the 2016 revised IRR of RA No. 9184 to
reflect that the submission of the recently expired Mayor’s Permit together with
the official receipt as proof that the prospective bidder has applied for
renewal within the period prescribed by the concerned local government unit
shall be accepted by the PhilGEPS for the purpose of updating the PhilGEPS
Certificate of Platinum Registration and Membership in accordance with Section 8.5.2 of
the 2016 revised IRR of RA 9184;
5. AMEND Section 54.6 of the 2016 revised IRR of RA No. 9184 and Items IV(G) and
V(D)(1)(b) as well as Appendix “A” of Annex “H,” otherwise known as the Consolidated
Guidelines for the Alternative Methods of Procurement in order to reflect that if after
the conduct of the mandatory review, the BAC finds that there is no need to
revise the Class ”A” Eligibility Documents covered by Section 8.5.2 for the
Procurement Project, the submission of the PhilGEPS Certificate of Platinum
Registration and Membership shall be mandatory in accordance with Section
8.5.2 of the IRR for the purpose of Negotiated Procurement under Two-Failed Bidding;
The PS-DBM presented its internal procedure before a CSE is removed from the CSE List of the
PS-DBM:
a. The PS Warehousing Division identifies CSE items that are non-moving, obsolete, or with
low withdrawals in the inventory;
b. The PS CSE - Demand Planning Committee reviews and evaluates the list of items and
recommends the delisting of CSE items to the Executive Director for approval;
c. The PS-DBM Office of the Executive Director approves the delisting of the CSE and
d. The PS-DBM submits the report to the GPPB within 30 days.
Resolution No. 18-2021
Approving the Amendment to Section 53.12 of the
2016 Revised Implementing Rules and Regulations of
Republic Act No. 9184 and the Guidelines for the
Conduct of Community Participation in
Procurement
1) AMEND Section 53.12 of the 2016 revised IRR of RA No. 9184, to read as
follows:
“Community Participation. Where, in the interest of project sustainability or
to achieve certain specific social objectives, it is desirable in selected projects,
or its components, to call for participation of local communities THROUGH
COMMUNITY OR SOCIAL GROUPS, OR MEMBERS THEREOF in the
delivery of Goods *including nonconsulting services and Simple
Infrastructure Projects, subject to the GUIDELINES issued by the GPPB.”
3.2 In no case shall the total sum 3.2. In case the total sum of
of liquidated damages exceed ten liquidated damages reaches ten
percent (10%) of the total percent (10%) of the total
contract price, in which event the contract price, the Procuring Entity
procuring entity concerned may concerned may rescind the
rescind the contract and impose contract and impose appropriate
appropriate sanctions over and above sanctions over and above the
the liquidated damages to be paid. liquidated damages to be paid.
Annex E – Contract Implementation Guidelines for the Procurement of Infrastructure Projects
Original Amended
8. LIQUIDATED DAMAGES 8. NEGATIVE SLIPPAGE
8.1. Where the contractor refuses or fails to satisfactorily complete the work within the
specified contract time, plus any time extension duly granted and is hereby in default The Procuring Entity shall ensure the timely
under the contract, the contractor shall pay the procuring entity for liquidated damages, implementation of infrastructure projects
and not by way of penalty, an amount, as provided in the conditions of contract, equal to by monitoring the performance of the
at least one tenth (1/10) of one (1) percent of the cost of the unperformed portion of the contractors.
works for every day of delay.
8.2. A project or portion thereof may be deemed usable when it starts to provide the When the contractor incurs negative
desired benefits as certified by the targeted end-users and the concerned procuring slippage during the contract duration, the
entity. Procuring Entity shall implement the
calibrated measures provided under GPPB
8.3. To be entitled to such liquidated damages, the procuring entity does not have to
Circular No. 03-2019 dated 8 March 2019,
prove that it has incurred actual damages. Such amount shall be deducted from any
money due or which may become due the contractor under the contract and/or collect entitled “Guidance on Contract Termination
such liquidated damages from the retention money or other securities posted by the Due to Fifteen Percent (15%) Negative
contractor whichever is convenient to the procuring entity. Slippage by the Contractor in Infrastructure
Projects.” (New)
8.4. In case that the delay in the completion of the work exceeds a time duration
equivalent to ten percent (10%) of the specified contract time plus any time extension
duly granted to the contractor, the procuring entity concerned may rescind the contract,
forfeit the contractor’s performance security and takeover the prosecution of the project
or award the same to a qualified contractor through negotiated contract.
8.5. In no case however, shall the total sum of liquidated damages exceed ten percent
(10%) of the total contract price, in which event the contract shall automatically be taken
over by the procuring entity concerned or award the same to a qualified contractor
through negotiation and the erring contractor’s performance security shall be forfeited.
8.6. For terminated contracts where negotiation shall be undertaken, the procedures
prescribed in IRR shall be adopted.
Annex E – Contract Implementation Guidelines for the Procurement of Infrastructure Projects
Original Amended
9.1. Once the contract duration expires, including any time extension duly granted, and the contractor refuses or fails to satisfactorily complete the work, the
Procuring Entity shall impose upon the contractor in default liquidated damages. Liquidated damages is an amount equal to at least one tenth (1/10) of one (1)
percent of the cost of the unperformed portion of the works for every day of delay.
9.2. In computing for liquidated damages, the Procuring Entity determines the usability of the project. A project or portion thereof may be deemed usable when it
starts to provide the desired benefits as certified by the targeted end-users and the concerned Procuring Entity.
9.3. To be entitled to such liquidated damages, the Procuring Entity does not have to prove that it has incurred actual damages. Such amount shall be
deducted from any money due or which may become due the contractor under the contract or collect such liquidated damages from the
retention money or other securities posted by the contractor, or a combination thereof, whichever is convenient to the Procuring Entity.
9.4. In case the total sum of liquidated damages reaches ten percent (10%) of the total contract price, the Procuring Entity has the following options:
9.4.1. Terminate the contract pursuant to the Guidelines on Termination of Contract and forfeit the erring contractor’s performance security.
After termination, the Procuring Entity may either (i) take over the contract or (ii) resort to any of other alternative methods of procurement
provided under R.A. No. 9184 and its 2016 revised Rules and Regulations; or
9.4.2. Allow the contractor to continue the works without prejudice to the continued imposition of liquidated damages until the works have
been completed. This does not, however, preclude the Procuring Entity in resorting to Termination of Contract under Annex “I” of the 2016
revised IRR of RA No. 9184.
Resolution No. 05-2020
Approving the Acceptance of an Expired Mayor’s
Permit with Official Receipt for the Renewal
Application and Unnotarized Omnibus Sworn
Statement as Basis for Award under the
Negotiated Procurement (Emergency Cases) Modality
1. AMEND Item F of the General Guidelines of the Consolidated Guidelines for the Alternative
Methods of Procurement or Annex H of the 2016 IRR of RA No. 9184 as follows:
F. Documentary Requirements. The mandatory documents to be submitted by
suppliers, manufacturers, distributors, contractors and consultants are enumerated
in Appendix A of this Guidelines.
(New)
In the case of Negotiated Procurement through Emergency Cases under
Section 53.2 of the 2016 IRR of RA No. 9184, PEs are allowed to accept: (i)
an expired Business or Mayor's permit with Official Receipt of renewal
application, subject to submission of the Business or Mayor’s permit after
award of contract; and (ii) an unnotarized Omnibus Sworn
Statement subject to compliance therewith after award of contract; and
Resolution No. 11-2020
Approving the Electronic Submission of Annual
Procurement Plans (APP), Procurement Monitoring
Reports (PMR) and Agency Procurement Compliance
and Performance Indicator (APCPI) Results
1. APPROVE the mandatory submission of APPs, PMRs and
APCPI Results through electronic mail, in both Microsoft
Excel and PDF file;
PASSWORD-
Archive
Format & Password
Protection
PROTECTED
BIDDING
Compression DOCUMENTS
Capable of
Passwords shall be disclosed by the generating an audit
Bidders only during the actual bid opening trail of transactions
to ensure the
Upon receipt of the first and second envelopes, PEs shall generate a Bid security, integrity and
receipt page for the official time of submission which can be saved or authenticity of bid
printed by the bidder submissions
Resolution No. 15-2020
Approving the Adoption of the Sixth (6th) Edition of
the Philippine Bidding Documents for the
Procurement of Goods and Infrastructure Projects
and Related Amendments in the 2016 Revised
Implementing Rules and Regulations of Republic Act No.
9184 and Associated Issuances
For a downloadable copy of the 6th
edition of the Philippine Bidding
Documents, please go to
https://www.gppb.gov.ph/download
ables.php
.
Resolution No. 17-2020
Approving the Streamlining of Procurement of the
Common-Use Supplies and Equipment Items from the
Department Budget and Management - Procurement Service
Considering the urgent need of the Procuring Entities for CSE items and to
facilitate their procurement in case of their unavailability in the PS,
(1) ALLOW Procuring Entities to procure the CSE items from other
sources without the need of securing a CNAS, subject to the
following:
a. The item is not available from the PS, as shown on its website; and
b. Procuring Entities shall keep a record of the proof of unavailability
of the CSE as shown in the PS website, such as a printed form of the
webpage or a screenshot of the same showing the date and time that it was
accessed.
THANK YOU…
DENNIS S. SANTIAGO
Executive Director V
Procurement Service - Department of Budget and Management