Revised Implementing Rules and Regulations

1
Revised Implementing Rules and Regulations

• Republic Act No. 9184

2
IRR Highlights

• Background
• Harmonization
• Alignment with International Best Practices
• Application of Domestic Preference
• AO 227, Flag Law
• Learning from Experience
• Concerns raised by procuring entities, bidders
  and observers

3
IRR Highlights

• Scope and Application (Sec. 4)
• All domestically-funded procurement activities
• All foreign-funded procurement activities, unless
  otherwise stated in the treaty, international or
  executive agreement
• But procurement funded thru foreign grants are
  excluded

4
IRR Higlights

• Scope and Application (Sec. 4)
• GOP negotiating panels shall
• Adopt as default position, use of the IRR or
  selection thru competitive bidding
• Explain in writing if treaty, international or
  executive agreement states otherwise
• IRR now includes definition of treaty,
  international or executive agreements, foreign
  loans grants

5
IRR Highlights

• Procurement Planning (Sec. 7)
• End-user units shall prepare their PPMP which
  shall be submitted to the budget office
• Budget office to evaluate and include in budget
  proposal for approval of HOPE
• Upon approval, budget office shall furnish a copy
  of budget proposal and PPMP to BAC Secretariat
• BAC Secretariat shall review and consolidate into
  the proposed APP

6
IRR Highlights

• Procurement Planning (Sec. 7)
• Upon approval of GAA/corporate budget/ordinance,
  end-user shall revise/adjust PPMP and submit to
  BAC Secretariat
• BAC shall finalize modes of procurement under the
  proposed APP
• APP shall be approved by HOPE or 2nd ranking
  official designated by HOPE

7
IRR Highlights

• Bids and Awards Committee (Sec. 11)
• Alternate BAC member allowed
• Same qualification and term as principal
• Attend meetings and receive honoraria
• Accountability limited to their acts and
  decisions
• Honoraria for BAC Secretariat subject to DBM
  Rules

8
IRR Highlights

• Observers (Sec. 13)
• Allows observers from cooperatives
• Requires 3 days prior written notice for
  invitation of observers
• Requires observers to inhibit in case of actual
  or potential conflict of interest
• Access to documents upon signing of a
  confidentiality agreement

9
IRR Highlights

• Advertising of Invitation to Bid (Sec. 21)
• IAEB to Invitation to Bid (goods and infra) or
  Request for Expression of Interest (consulting)
• Includes posting in the website prescribed by the
  foreign government/foreign or international
  financing institution, for foreign-funded
  procurement

10
IRR Highlights

• Pre-Bid Conference (Sec. 22)
• May be extended at least 30 cd before bid
  submission
• Method, nature and complexity of contract
• International participation is more advantageous
• Only bidders who purchased bid documents are
  allowed to attend or ask questions

11
IRR Highlights

• Eligibility Requirements (Secs. 23 24)
• Reduced to 5-6 documents
• Others to be submitted during
• Post-qualification
• Prior to Award of Contract

12
IRR Highlights

• Eligibility Requirements (Secs. 23-24)
• Class A Documents
• Legal, Technical Financial
• Class B Documents If Joint Venture -
• JVA
• If no JVA, sworn statements by each partner that
  they will enter into and abide by provisions of
  the JVA if awarded the contract

13
IRR Highlights

• Eligibility Requirements (Secs. 23 24)
• Registry System
• Manual or electronic
• Class A documents (legal, technical
  financial)
• Maintained current and updated
• Certification in lieu of eligibility documents
• Letter of Intent/Application for eligibility or
  updates
• Deadline stated in bid documents
• Not later than date of bid submission
• Documents submitted after shall not be considered

14
IRR Highlights

• Eligibility Criteria (Secs. 23 24)
• Defines foreign eligible bidders
• Government corporate entities eligible only if
• Legally and financially autonomous
• Operate under commercial law
• Not dependent agencies of GOP or procuring entity

15
IRR Highlights

• Submission and Receipt of Bids (Sec. 25)
• Two-envelope system (Eligibility Documents
  included in Technical Proposal)
• Documentary requirements trimmed down

16
IRR Highlights

• Submission and Receipt of Bids (Sec. 25)
• Project related statements lumped into one
  document
• Harmonize with blacklists of recognized IFIs

17
IRR Highlights

• Ceiling for Bid Prices (Sec. 31)
• Enumerated conditions for application of ABC as
  ceiling for foreign-funded procurement
• Definition of ABC includes estimated contract
  cost in the case of foreign-funded procurement
  Sec. 5(b)

18
IRR Highlights

• Ceiling for Bid Prices (Sec. 31)
• Enumerated conditions for application of ABC as
  ceiling for foreign-funded procurement
• Definition of ABC includes estimated contract
  cost in the case of foreign-funded procurement
  Sec. 5(b)

19
IRR Highlights

• Failure of Bidding (Sec. 35)
• Mandatory review after each failed bidding
• Based on findings
• Revise terms, conditions, specifications
• Adjust ABC, subject to required approvals
• Rebid
• Invite previous bidders

20
IRR Highlights

• Post-qualification (Sec. 34)
• Submission of the ff documents
• Tax clearance
• Latest income and business tax returns
• Certificate of PhilGEPS registration
• Other appropriate licenses and permits required
  by law and stated in the Bidding Documents.

21
IRR Highlights

• Notice of Award (Sec. 37)
• Conditioned on the following
• If joint venture, submission of JVA
• If foreign-funded and stated in treaty,
  international or executive agreement, PCAB
  License
• Posting of Performance Security
• Signing of Contract
• If required, approvals by higher authority

22
IRR Highlights

• Disclosure of Relations (Sec. 47)
• Relatives within the third civil degree of the
  following shall be disqualified
• Head of the procuring entity
• Members of the BAC, Secretariat and TWG
• Head of the end-user unit or project management
  office
• Project consultants

23
IRR Highlights

• Alternative Methods of Procurement (Secs. 48 to
  53)
• Alignment with international best practices
• Recognized additional instances of Negotiated
  Procurement (e.g., procurement from UN Agencies,
  Community Participation)
• Increase in shopping/small value procurement
  thresholds

24
IRR Highlights

• Alternative Methods of Procurement (Secs. 48 to
  53)
• Address concerns raised by stakeholders
• Clearer rules on negotiated procurement due to
  2-failed bidding
• Increase in thresholds
• Lease of venue
• Format changes

25
IRR Highlights

• Effectivity
• 2 September 2009
• 30 days from publication in the Official Gazette
  (3 August 2009)
• Transitory
• When was Invitation to Bid/Request for Expression
  of Interest published?

26
IRR Highlights

• Philippine Bidding Documents
• www.gppb.gov.ph
• Formal approval by GPPB
• End of September

27
Thank you

• Comments, questions?
• GPPB On Line Forum
• http//gppb.topicsolutions.net/