Government Procurement PDF

Summary

This document discusses government procurement, covering various aspects like goods, services, infrastructure projects, and the legal framework underpinning purchasing processes. It also highlights principles of accountability, competitiveness, and transparency in the public sector.

Full Transcript

GOVERNMENT Ever wondered how the products and services that drive our government's functions are selected and acquired?? OVERVIEW 01 02 03 INTRODUCTION PRINCIPLES PROCUREMENT to gover...

GOVERNMENT Ever wondered how the products and services that drive our government's functions are selected and acquired?? OVERVIEW 01 02 03 INTRODUCTION PRINCIPLES PROCUREMENT to government On government planning procurement procurement 04 05 07 06 COMPETITIVE BIDS & AWARDS PROCUREMENT PROCUREMENT BIDDING COMMITTE PROCESS by electronic Compositions Flowchart means Introduction & Functions INTRODUCTION WHAT IS PROCUREMENT? Refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by the Procuring Entity. Procurement shall also include the lease of goods and real estate. REPUBLIC ACT NO. 9184 GOODS refer to all items, equipment, furniture, supplies, materials, and stationery, materials for construction, or personal general support services* property of any kind, which may be needed in including non-personal or the transaction of public contractual services such as the businesses or in the pursuit repair and maintenance of of any government equipment and furniture, as well undertaking, project or as trucking, hauling, janitorial, security, and related or analogous activity services CONSULTING SERVICES refer to services for Infrastructure Projects and other types of projects or activities of the Government of the Philippines (GoP) requiring adequate external technical and professional expertise that is beyond the capability and/or capacity of the GoP to undertake Feasibility studies, Engineering design, Management consulting, Legal advice Infrastructure Project include the construction, improvement, rehabilitation, demolition, repair, restoration, or maintenance of roads and bridges railways airports Seaports communication facilities civil works components of information technology projects irrigation flood control and drainage water supply sanitation sewerage and solid waste management systems shore protection energy/power and electrification facilities national buildings school buildings hospital buildings other related construction projects of the government LEGAL BASIS RA 9184: GOVERNMENT PROCUREMENT REFORM ACT An act providing for the modernization, standardization, and regulation of the procurement activities of the government and for other purposes SCOPE the government of the Philippines Must be used for all procurement and all its branches activities by and instrumentalities including GOCCs, GFIs, SUCs, and LGUs APPLICATION p r o goods and services c u infrastructure projects r e m consulting services e n t PRINCIPLES ON GOVERNMENT PROCUREMENT PPRINCIPLES ON GOVERNMENT PROCUREMENT COMPETITIVENESS ACCOUNTABILITY TRANSPARENCY GOVERNMENT PROCUREMENT PUBLIC STREAMLINED MONITORING PROCESS TRANSPARENCY Wide dissemination of bid opportunities and the participation of COA representative and other pertinent non-government organizations Proper documentation and maintenance of records COMPETITIVENESS By extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in competitive bidding STREAMLINED PROCESS ❑ process that will uniformly apply to all government procurement ❑ Simple and adaptable to advances in modern technology in order to ensure an effective and efficient method ACCOUNTABILITY ¹Public officials directly or indirectly involved in the procurement process as well as in the implementation of procurement contracts and the ²private parties that deal with the government are, when warranted by circumstances, investigated and held liable for their actions relative thereto. PUBLIC MONITORING Reports submission to Government Procurement Policy Board; observers from NGOs, and other public and private sectors To guarantee that these contracts are awarded pursuant to the provisions of this Act and its implementing rules & regulations, and all these contracts are performed strictly according to specifications PROCUREMENT PLANNING PROCUREMENT PLANNING 1 2 ✓ All procurement shall be within ✓ No procurement the approved budget of the Procuring Entity (PE) and should shall be undertaken be meticulously planned unless it is in ✓ Only crucial (required for the day-to- accordance with day operations or is in the pursuit of the approved APP the principal mandate of the PE) to the efficient discharge of gov’t functions shall be included in the APP (Annual Procurement Plan) PROCUREMENT PLANNING 3 4 APP shall be formulated and revised ✓ The ABC as reflected in only in accordance with the ff: ✓ Upon issuance of the budget call, the approved budget PE shall prepare its APP for the shall be at all times succeeding calendar year consistent with the ✓ The end-user of the PE shall appropriations formulate their respective PPMP *Approved Budget for ✓ The PPMP shall then be the Contract -refers to the submitted to PE’s budget office budget for the contract duly for evaluation approved by the Head of PE PROCUREMENT BY ELECTRONIC MEANS PROCUREMENT BY ELECTRONIC MEANS ✓ To promote transparency & efficiency, information and communications technology shall be utilized in the conduct of procurement procedures PHILIPPINE GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM (PHILGEPS) ✓ single, centralized electronic portal that serves as the primary and definitive source of information on government procurement. FEATURES ELECTRONIC BULLETIN BOARD ELECTRONIC CATALOGUE Centralized board for posting Centralized electronic procurement opportunities, catalogue of common & non- notices, awards common use goods, supplies, materials & equipment REGISTRY ADDITIONAL FEATURES Centralized electronic Virtual store, electronic database of all payment, electronic bid manufacturers, suppliers, submission distributors, contractors, and consultants COMPETITIVE BIDDING COMPETITIVE BIDDING ✓ Refers to a method of procurement that is open to participation by any interested party PROCESSES 01 1 02 2 03 3 ADVERTISEMENT PRE-BID ELEGIBILTY CONFERENCE SCREENING OF BIDS 04 4 05 5 06 6 EVALUATION OF POST- AWARD OF BIDS QUALIFICATION CONTRACT BIDS & AWARDS COMMITTEE BAC COMPOSITION The HoPE shall designate at least five (5) but not more than seven(7) members to the BAC of unquestionable integrity and procurement proficiency. The BAC for NGAs, departments, bureaus, offices, or instrumentalities of the GoP, including the judicial and legislative branches, constitutional commissions,SUCs, GOCCs, and GFIs shall be composed of the following : REGULAR MEMBERS** 2. AN OFFICER, who is at 3. AN OFFICER, who is at 1.CHAIRPERSON. least a fifth (5th) ranking least a fifth (5th) ranking at least a third (3rd) permanent official, or if not available, an officer of the permanent official, or if ranking permanent next lower rank with not available, an officer of official of the knowledge, experience the next lower rank with Procuring Entity; and/or expertise in knowledge, experience procurement who, to the and/or expertise in extent possible, represents procurement who, to the the LEGAL OR extent possible,represents ADMINISTRATIVE the FINANCE AREA of AREA of the Procuring Entity the Procuring Entity: PROVISIONAL MEMBERS 1. An officer who has 2. A representative technical expertise from the end-user or relevant to the implementing unit who procurement at hand, has knowledge of and, to the extent procurement laws and possible, has procedures, subject to knowledge, experience existing laws, rules, and and/or expertise in regulations. procurement The BAC for Provinces, Cities, and Municipalities: One representative each from the regular offices under the Office of the Local Chief Executive such as, but not limited to the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices A representative from the end user unit. The BAC For Barangays: The BAC shall be composed of at least five (5), but not more than seven (7) regular members of the Sangguniang Barangay, except the Punong Barangay The Punong Barangay, being the Local Chief Executive, shall designate the Chairperson, Vice-Chairperson, and members of the BAC. BIDS & AWARDS COMMITTEE RESPONSIBILITIES Recommend method of Receive & open bids procurement Evaluate bids (with the assistance of Create TWG TWG) Advertise/post invitation to bid resolve motions for reconsideration Pre-procurement & Pre-bid conferences Recommend award of contract Recommend imposition of sanctions Eligibility check TECHNICAL WORKING GROUP COMPOSITION RESPONSIBILITIES Created by AssistBAC in preparing the post-qualification bidding documents summary report the BAC from a pool of AssistBAC and BAC technical, Assist BAC in eligibility financial, check/short-listing Secretariat prepare and/or legal Resolution experts AssistBAC in bid Recommending Award, evaluation and with regard to the preparation of reports technical aspect, if necessary Assist BAC in post- qualification and prepare OBSERVERS RESPONSIBILITIES COMPOSITION Sit in the proceedings in all stages of the procurement process to enhance the 1 COA transparency 1 NGO To prepare the report indicating their 1 Private observations made on the procurement activities conducted by BAC for submission to the HOPE, Sector copy furnished to the BAC Chairperson. The report shall assess the extent of the BAC’s compliance with the provisions of the 9184 IRR and the areas of improvement in the BACs proceedings BAC SECRETARIAT RESPONSIBILITIES COMPOSITION provide administrative support to the Consolidate PPMPs from various units of BAC and TWG the Procuring entity The HOPE Organize and arrange meetings & Act as the central channel of may conferences for BAC & TWG communications for the BAC with end- designate an Prepare minutes of meetings & user or implementing units, PMOs, other existing resolutions of the BAC units of the line agency, other gov’t organic Ensure proper documentation of all agencies, provider of goods, infras, office within procurement activities consulting services, observers & general the agency Manage the sale & distribution of public to serve as bidding documents to interested bidders the Advertise/post bidding opportunities Secretariat (bidding docs & NOA) Monitor procurement activities and milestones for proper reporting to relevant agencies QUESTIONS?? THANKS!

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