PPSCC Basic Review Class L1B16 PDF

Strictly for CLSU-PPSCC use REVIEW MATERIALS 1. R.A. 9184 and its IRR 2. Government Procurement Manual Volumes 1 and 2 3. Lecture Notes 4. Tests and Activities 5. Reviewer 6. Non-Policy Matter Opinions Strictly for CLSU-PPSCC use Contracts ____...

Strictly for CLSU-PPSCC use REVIEW MATERIALS 1. R.A. 9184 and its IRR 2. Government Procurement Manual Volumes 1 and 2 3. Lecture Notes 4. Tests and Activities 5. Reviewer 6. Non-Policy Matter Opinions Strictly for CLSU-PPSCC use Contracts ____________ are the legally binding documents that obligate a seller to provide products and/or services and obligate a buyer to compensate the seller for that provision. Strictly for CLSU-PPSCC use Bidding Documents refer to the documents ____________ issued by the Procuring Entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects and/or Consulting Services required by the Procuring Entity. Strictly for CLSU-PPSCC use Competitiveness ____________ means extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in public bidding. Strictly for CLSU-PPSCC use Public Monitoring of the procurement ____________ process and the implementation of awarded contracts with the end in view of guaranteeing that these contracts are awarded. Strictly for CLSU-PPSCC use System of accountability ____________ where both the public officials directly or indirectly involved in the procurement process as well as in the implementation of procurement contracts and the private parties that deal with GoP are, when warranted by circumstances, investigated and held liable for their actions relative thereto. Strictly for CLSU-PPSCC use Streamlined procurement process ____________ that will uniformly apply to all government procurement. The procurement process shall be simple and made adaptable to advances in modern technology in order to ensure an effective and efficient method. Strictly for CLSU-PPSCC use Transparency ____________ in the procurement process and in the implementation of procurement contracts through wide dissemination of bid opportunities and participation of pertinent non-government organizations. Strictly for CLSU-PPSCC use 2011 UNCINTRAL Model Law on government procurement ____________ allows government purchasers to take advantage of modern commercial techniques, such as e- procurement and framework agreements, to allow it to maximize value for money in procurement. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs There is an eligibility requirement of at Eligibility restrictions based on least 60% Filipino ownership for nationality of bidders are not Unacceptable procurement of goods and consulting allowed. services, and at least 75% Filipino ownership for procurement of infrastructure projects. The law requires advertisement of ADB: Advertisement is required invitations to bid/request for expression of interest for contracts undertaken thru for contracts estimated to cost $500,000 or more for goods and Acceptable competitive bidding, or Alternative Method related services, and $1,000,000 of Procurement, if applicable. or more for civil works. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs As a general rule, the earliest possible ADB: A period of at least 28 days for time for bid preparation is less than 30 days. However, if the procuring entity bid preparation is required. Unacceptable determines that by reason of the WB: A period of at least 30 days for method, nature, or complexity of the contract to be bid or when international bid preparation is required. participation will be more advantageous to the GOP, the time for bid preparation is more than 30 days. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs The minimum experience, Minimum experience, technical and technical and financial requirements are explicitly financial requirements should be explicitly stated in the bidding Acceptable stated in the bidding documents. documents. In order to meet the eligibility WB: Forming joint ventures with local firms for foreign firms’ eligibility is not requirement on Filipino ownership, foreign firms may required. Acceptable form joint ventures with local firms. Firms participating in bank financed contracts may form joint ventures to enhance their qualifications and capabilities Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs Joint venture partners are jointly and Joint venture partners are jointly severally liable. and severally liable. Acceptable The law does not set limitations on the Limitations on the number of firms number of firms who can bid for a are not allowed. Acceptable contract. Government corporate entities are Government-owned enterprises eligible to participate in Competitive Bidding if they can establish that they (a) are allowed to be bid if they (i) are financially autonomous, (ii) Acceptable are legally and financially autonomous, (b) operate under commercial law, (c) operate under commercial law, and (iii) are independent from for WB not attached agencies of the Procuring borrower and its Entity. purchasing/contracting authority. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs For infrastructure projects, persons/entities Registration with a local authority as meeting the 75% Filipino ownership may a precondition to bidding should be participate in public bidding if he has been discouraged. Unacceptable issued a license by the PCAB to engage or Acceptable only if registration act as a contractor. criteria and process are cost reasonable/efficient and qualified foreign firms are not precluded from competing. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs Preference to domestically- Preference based on region or produced and manufactured goods, locality of registration is not Unacceptable supplies, and materials that meet allowed. the specified or desired quality, in accordance with the provisions of Commonwealth Act No. 138, is adopted in the procurement law. There is also preference to Domestic Bidders, subject to certain conditions. The award shall be made to the lowest Domestic Bidder, provided his bid is not more than fifteen percent (15%) in excess of the lowest Foreign Bid. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs There are no restrictions on sources of Restriction on sources of labor and labor and materials under RA 9184. materials is not allowed, except for unskilled labor, if available locally. Acceptable Public/competitive bidding is the Public opening of bids is required, the conduct of which should primary mode of procurement. The opening of bids is done on the same immediately or closely follow the bid Acceptable day of the deadline for bid submission. submission deadline. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs For goods and works, the ADB: Two-envelope bidding is allowed. law requires two envelopes, which are opened on the WB: Two-envelope bidding should be discouraged. Acceptable same day of the bid WB: Two-envelope bidding should be opening. discouraged. Allowed only if (i) domestic law precludes use of one envelope and (ii) provide adequate safeguards against retaining second envelope unopened and incorporated in the two envelope procedures and effective bid protest mechanisms are already in place for the due processing of bid complaints. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs The law mandates that award be Award should be made to the lowest made to the lowest calculated evaluated/qualified and responsive Acceptable and responsive bid. bidder. The law prohibits negotiation with Price negotiation is not allowed, except the lowest calculated and where the bid price is substantially above responsive bidder. market or budget levels and then only if negotiations are carried out to try to reach a Acceptable satisfactory contract through reduction in It is however allowed in scope and/or reallocation of risk and consulting services procured responsibility, subject to the Bank’s prior using the Quality-Based approval. In consulting services, it is Evaluation Method. allowed in certain selection methods. Strictly for CLSU-PPSCC use  Acceptable or Unacceptable to RA 9184 and its IRR WB and ADB POLICY MDBs Price adjustment is not required, Price adjustment is allowed when the cost of the awarded contract is except for delivery of goods or Acceptable affected by any applicable new law, completion of works, extending for WB ordinance, regulation or other acts of beyond 18 months. the GOP, promulgated after bid opening and under extraordinary Acceptable for ADB circumstances with prior approval of for contracts the GPPB. extending beyond 18 months Strictly for CLSU-PPSCC use TRUE OR FALSE The use of Domestic preference for procurement of goods is not an acceptable practice of the Asian Development Bank and the World Bank. TRUE Strictly for CLSU-PPSCC use TRUE OR FALSE The use of the approved budget for the contract as a ceiling for bid prices is not acceptable to the Asian Development Bank. TRUE Strictly for CLSU-PPSCC use  PEs shall accept identified alternate documentary requirements for procurement activities during a State of Calamity, or implementation of community quarantine or similar restrictions declared The BAC shall determine or validate the existence of the State of Calamity, or implementation of community quarantine or similar restrictions and may require the submission of documentary proof for this purpose. GPPB Resolution No. 09-2020 Applicable not just during a State of Calamity, or implementation of community quarantine or similar restrictions Strictly for CLSU-PPSCC use  SCOPE AND APPLICATION Treaty or International or Executive Agreement National Government Foreign-funded State Universities and Agencies procurement Colleges Competitive Bidding Government Owned or Controlled Corporations Government Financial Local Government Institutions Units Strictly for CLSU-PPSCC use Activities that are NOT CONSIDERED as procurement undertakings under R.A. No. 9184 and its IRR Direct financial or material assistance given to beneficiaries Participation to both local or foreign scholarships, trainings, continuing education, conferences, seminars or similar Lease of government-owned property as lessor for private use Hiring of Job Order Workers Joint Venture Agreements Disposal of Property and Other Government Assets Strictly for CLSU-PPSCC use Strictly for CLSU-PPSCC use 26 Chairman: Secretary of the Department of Budget and Management Alternate Chairman: Director-General of the National Economic and Development Authority 12 Regular Members from the Secretaries of the following: DPWH – Department of Public Works and Highways DTI – Department of Trade and Industry DOH – Department of Health DND – Department of Defense DepEd – Department of Education DOF – Department of Finance DILG – Department of the Interior and Local Government DOST – Department of Science and Technology DOTr – Department of Transportation DOE – Department of Energy DICT – Department of Information and Communications Technology PhilSA – Philippine Space Agency 13th Regular Member: Private Sector Invited Resource Persons Strictly for CLSU-PPSCC use 27 Strictly for CLSU-PPSCC use Provides administrative support to the BAC Prepares a procurement monitoring report and TWG A H HOPE C-I-N May be granted legal assistance and Ensures that the APP is regularly prepared indemnification reviewed and updated by the end-users BAC B-E-G-H-K B I Ensures that members of the BAC, its Prepares report either jointly or separately Secretariat and TWG, shall give utmost indicating their observations made on the priority to BAC assignments over all other procurement activities conducted by the BAC C duties and responsibilities J BAC A-B-G-K-M Sec Primarily responsible for the conduct of Attends bid opening market study TWG B-F-G-K D K Conduct any of the Alternative Methods of Determines specifications and project costs Procurement of Procurement E L End B-D-G-K-L User Pool of technical, financial, and/or legal experts to assist the BAC in the evaluation of Monitor procurement activities and milestones for proper reporting to relevant bids and post-qualification agencies when required F M Observer J-K Ensures that the BAC, its Secretariat and May be paid honoraria in an amount not to TWG members are sent to attend exceed 25% of their respective monthly procurement training or capacity salary G N development program Strictly for CLSU-PPSCC use Prohibited BAC Members HOPE and/or the Internal Auditors Local and Assistant Chief Accountant approving authority and personnel of Local Treasurer Accounting Unit Section 11.2.5 IRR, RA 9184 COA Circular 2003-004 DBM NBC 2020-8 DOF DO 042-2019 Amount of Honoraria Maximum Honorarium Rate per Procurement Project BAC Chair PhP 3,000.00 BAC Members PhP 2,500.00 BAC Secretariat (Ad hoc); and PhP 2,000.00 TWG Chair and Members Strictly for CLSU-PPSCC use  Funding Source Collections from successfully completed procurement projects, limited to activities prior to the awarding of contracts to winning bidders: Fees charged fro copies of minutes Proceeds from Fees from of bid openings, sale of bid contractor/supplier BAC resolutions, documents registry and other documents Proceeds from bid Protest fees Savings of PE security forfeiture Strictly for CLSU-PPSCC use Pursuant to DOF-DBM-COA Permanent Committee Resolution No. 2005-2 dated June 2005, all agencies are authorized to treat the collections from the sources identified above as trust receipts to be used exclusively for the payment of honoraria and overtime pay duly authorized. Strictly for CLSU-PPSCC use  Legal Indemnification Package ______________This refers to the assistance or remuneration given to the members of the BAC and/or the BAC Support Staff for any loss, damage, or injury caused to them by reason of the lawful performance of their duty. Strictly for CLSU-PPSCC use  Medical Assistance ______________The remuneration given by the procuring entity for any injury or disability incurred by members of the BAC and/or the BAC Support Staff in the lawful performance of their official functions and duties. Strictly for CLSU-PPSCC use Private Legal Assistance ______________Refers to the services of a private lawyer or external counsel engaged by or in behalf of the members of the BAC and/or the BAC Support Staff resulting from the filing against him of any criminal or civil action or proceeding for acts made in connection with the lawful performance of his functions. Strictly for CLSU-PPSCC use Liability Insurance ______________Refers to the insurance policy purchased and maintained by the procuring entity in favor of a member of the BAC and/or the BAC Support Staff against any liability asserted against or incurred by the person in any such capacity or arising out of the person’s status as such. Strictly for CLSU-PPSCC use  Legal Indemnification Package WHAT is INDEMNIFICATION? This refers to the assistance or remuneration BAC member given to the members of the BAC or BAC and/or the BAC Support Staff for any loss, damage, or injury caused to them by reason of the lawful Support performance Staff must have of their duty. not been adjudged as General Conditions guilty of gross negligence, misconduct, or grave abuse of discretion FREE LEGAL LIABILITY MEDICAL ASSISTANCE INSURANCE ASSISTANCE Strictly for CLSU-PPSCC use  PhilGEPS ______________is the single, centralized electronic portal that shall serve as the primary and definitive source of information on government procurement Strictly for CLSU-PPSCC use TRUE OR FALSE In the PhilGEPS, you cannot create an award notice even without posting the bid notice. FALSE Strictly for CLSU-PPSCC use TRUE OR FALSE In the Buyer Directory module, the registered user in PhilGEPS cannot view the list of all registered government agencies in the system. FALSE Strictly for CLSU-PPSCC use  The Budget Process (PLEA) Budget Preparation Budget Accountability Budget Legislation Budget Execution Strictly for CLSU-PPSCC use  Technical Specifications Section Section 7.2 Section 12 Section 17.2 Section 18 17.6 Based on the Duties and Forms and Detailed Reference to specific needs, the Responsibilities of Contents of the Engineering for Brand Names end-user or the BAC Bidding the Procurement Specifications for implementing units The BAC shall Documents of Infrastructure the procurement of of the Procuring review of the The specifications Project Goods shall be Entity shall be Technical and other terms in No bidding and based on relevant responsible for the Specifications, the Bidding award of contract characteristics, preparation of all Scope of Work, and Documents shall for Infrastructure functionality and/or documents Terms of Reference reflect the Projects shall be performance necessary for the necessary made unless the requirements. procurement specifications detailed activity, including required to meet the engineering but shall not be needs of the investigations, limited to, the Procuring Entity in surveys and technical clear and designs, for the specifications, unambiguous project have been scope of work, or terms. sufficiently carried terms of out reference. Strictly for CLSU-PPSCC use Market Study A process of gathering and analyzing information about capabilities within the market to satisfy agency need. Gathering data on vendor capabilities, product’s salient characteristics, best practices, typical timelines for delivery/implementation, etc. and then synthesizing it Strictly for CLSU-PPSCC use Approved Budget for the Contract (ABC) The ABC reflected in the APP and PPMP shall be consistent with the appropriations for the project authorized in the GAA, continuing and automatic appropriations, the corporate budget, or the Appropriations Ordinance, as the case may be. For multi-year contracts, for which a Multi-Year Contracting Authority (MYCA) formerly MYOA or an equivalent document is required, the ABC shall be that incorporated in the project cost reflected in the MYOA or equivalent document For Foreign-funded Procurement, the ABC refers to the cost estimate prepared by the PE and approved by the foreign government/foreign or international financing institution as specified in the Treaty or International or Executive Agreement Strictly for CLSU-PPSCC use  STANDARD COMPETITIVE BIDDING PROCEDURE FOR GOODS AND SERVICES Pre-Procurement Advertisement Pre-Bid Conference 7 cd Conference 1 cd as Mandatory for projects above necessary Php2M (Goods) Opening of 1st Envelope – Submission of Opening of 2nd Envelope – Eligibility Documents & Bids Financial Proposal Technical Proposal 45 cd Bid Evaluation Award Post-qualification and Ranking 12/ 45 of Contract 15 7 cd cd cd Strictly for CLSU-PPSCC use  Strictly for CLSU-PPSCC use STANDARD COMPETITIVE BIDDING PROCEDURE FOR GOODS AND SERVICES BAC BAC BAC Pre-Procurement BAC Sec Advertisement BAC Sec Pre-Bid BAC Sec End-User Conference 7TWG Conference 1 cd TWG cdEnd-user as necessary Technical Experts Prospective bidders Other Officials Observers BAC 45 BAC Sec Opening of 1st Envelope – TWG Submission cd Eligibility Documents & Opening of 2nd Envelope – End-user of Bids Financial Proposal Technical Proposal Bidders Observers BAC BAC Sec BAC HOPE TWG Bid Evaluation BAC Sec BAC Award TWG Post-qualification BAC Sec End-user and Ranking of Contract 15 Observers End-user 12/ TWG 7 cd Eligible supplier/contractor, End-user ranked starting with the LDB 45 cd Bidder who submitted the cd Observers LCRB/SCRB Observers TRUE OR FALSE During the Pre-Procurement Conference, the description and scope of the contract, the ABC, and contract duration are discussed with the prospective bidders. Strictly for CLSU-PPSCC use Pre- Procurement Conference Pre Purpose: To determine the readiness Procurement of the procurement project Conference GUIDELINES PARTICIPANTS Conducted prior to advertisement/ posting of a. BAC the Invitation to Bid b. BAC Secretariat c. TWG Mandatory for projects with an Approved d. Consultants Budget for the Contract (ABC) above PhP e. End-user 2,000,000.00 for Goods unit/Other officials Strictly for CLSU-PPSCC use 48 Bid opportunity, including complete Bidding Documents is posted/uploaded for at least seven (7) calendar days in the following: a. Philippine Government Electronic Procurement System (PhilGEPS) b. Website of the PE, if any c. Website of IFI, if applicable d. At any conspicuous place in the premises of the PE e. All of the above Strictly for CLSU-PPSCC use ADVERTISEMENT/ POSTING OF INVITATION TO BID Advertisement Purpose: To signal the start of the bidding process and invite interested bidders to participate in the procurement activity GUIDELINES Bid opportunity, including complete Bidding Documents is posted/uploaded for at least seven (7) calendar days in the following: ✔ Philippine Government Electronic Procurement System (PhilGEPS); ✔ Website of the PE, if any; ✔ Website of IFI, if applicable; and ✔ At any conspicuous place in the premises of the PE. Strictly for CLSU-PPSCC use 50 50 ADVERTISMENT/ POSTING OF INVITATION TO BID Which unit shall ensure that the advertising/posting requirements of the IB are complied with? Strictly for CLSU-PPSCC use PHILGEPS Are prospective bidders required to log in to the PhilGEPS to be able to purchase the Bidding Documents? Strictly for CLSU-PPSCC use  Can a bidder still purchase the Bidding Documents even though the seven (7)- day posting at PhilGEPS has lapsed Strictly for CLSU-PPSCC use  Pre-Bid Conference Statement A: Held at least 10 calendar days before the deadline for bid submission but not earlier than seven (7) calendar days from the advertisement/posting of bid opportunity Statement B: Required for procurement projects with ABC of equal to or more than 1,000,000.00 a. Statement A is true b. Statement B is true c. Statements A and B are True d. Both statements are False e. Statement A is True and Statement B is False f. Statement A is False and Statement B is True Strictly for CLSU-PPSCC use  Pre-Bid Purpose: To discuss, clarify and explain the different Conference aspects of the project of the procuring entity with the prospective bidders GUIDELINES Held at least 12 calendar days before the deadline for bid submission but not earlier than seven (7) calendar days from the advertisement/posting of bid opportunity Required for procurement projects with ABC of equal to or more than 1,000,000.00 Strictly for CLSU-PPSCC use 55 55 Issued by BAC to answer requests for clarification (query submitted 10 cd before deadline) or interpretation, and upon BAC’s initiative to clarify or modify any provision of Bidding Docs (at least 7 cd before deadline for bids). Supplemental/Bid bulletin Strictly for CLSU-PPSCC use Can prospective bidders who did not purchase bidding documents be allowed to attend the pre- bid conference and raise questions? Strictly for CLSU-PPSCC use  What happens if there is a need for clarification or interpretation on the Bidding Documents after the Pre-bid Conference had been held? Strictly for CLSU-PPSCC use What happens if there is a need for clarification or interpretation on the Bidding Documents after the Pre-bid Conference had been held? Requests for clarification(s) on any part of the bidding documents or for an interpretation may be made by prospective bidders provided that these are in writing and are submitted to the BAC at least ten (10) calendar days before the deadline for the submission and receipt of bids. In this case, the BAC shall issue its response by issuing a Supplemental/Bid Bulletin, duly signed by the BAC Chairperson, to be made available to all those who have properly secured the bidding documents at least seven (7) calendar days before the deadline for the submission and receipt of bids. (2016 IRR, Section 22.5.1) In case of requests for clarification submitted within ten (10) calendar days from the deadline for the submission and receipt of bids, the BAC may still respond to said requests, considering their relevance or complexity, through the issuance of a Supplemental/Bid Bulletin. The BAC may move the deadline for the submission and receipt of bids, if necessary, to comply with the seven (7) calendar-day requirement under Section 22.5.1 of the 2016 IRR. In case the BAC will not issue a supplemental/bid bulletin, it shall still issue the necessary reply in accordance with applicable laws. The Procuring Entity may, at its own initiative, also issue Supplemental/Bid Bulletins for purposes of clarifying or modifying any provision of the bidding documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the bidding documents must be identified as an “AMENDMENT.” (2016 IRR, Section 22.5.2) The BAC should also post the Supplemental/Bid Bulletin on the website of the Procuring Entity concerned, if available, the website of its electronic procurement system provider, if any, the PhilGEPS, and at any conspicuous place within the premises of the Procuring Entity, within the same timetable. It will be the prospective bidders’ responsibility to ask for, and secure, these bulletins. A supplemental/bid bulletin must contain a brief but comprehensive and accurate summary of the issue or issues that it wishes to address. If it was a prospective bidder that raised the issue addressed by the bulletin, then it ought to contain a summary of that bidder’s request for clari fication and/or interpretation, without identifying the bidder. Bidders who have submitted bids before a supplemental/bid bulletin is issued have to be informed in writing and allowed to modify or withdraw their respective bids. (2016 IRR, Section 22.5.3) Strictly for CLSU-PPSCC use  TRUE OR FALSE Improperly sealed and marked bid envelopes can be accepted. TRUE, provided that the bidder or its duly authorized representative shall acknowledge such condition of the bid as submitted. Strictly for CLSU-PPSCC use SEALING AND MARKING OF BIDS Unsealed or unmarked REJECTED bid envelopes Improperly sealed and ACCEPTED Provided that the bidder or marked bid envelopes its duly authorized representative shall acknowledge such condition of the bid as submitted. Strictly for CLSU-PPSCC use  Where should the acknowledgement of improper sealing and marking be recorded? Strictly for CLSU-PPSCC use Where should the acknowledgement of improper sealing and marking be recorded? The BAC, through the BAC Secretariat should record in the Minutes of the Meeting the acknowledgement by the bidder of the condition of the improperly sealed or marked bid. However, in the absence of the bidder during the opening of the envelopes, the BAC Secretariat will reflect in the minutes the condition of the bid as submitted. Improper sealing and marking means failure to comply with the requirement for sealing and marking as stated in the Bidding Documents. Strictly for CLSU-PPSCC use Enumerate three requirements for the electronic submission and receipt of bids. 1. uses a two-factor security procedure consisting of an archive format compression and password protection to ensure the security, integrity and confidentiality of the bids submitted; 2. allows access to a password-protected Bidding Documents on opening date and time. The passwords for accessing the file will be disclosed by the Bidders only during the actual bid opening which may be done in person or face-to-face through videoconferencing, webcasting or similar technology; and 3. capable of generating an audit trail of transactions to ensure the security, integrity and authenticity of bid submissions. Strictly for CLSU-PPSCC use Statement A ❑ All co-venturers shall submit their legal documents, while any of the co-venturers shall submit technical and financial documents. Statement B ❑ Any partner of the joint venture shall submit the PhilGEPS Certificate of Registration in accordance with Sec. 8.5.2 of the 2016 IRR of RA No. 9184. a. Statement A is true b. Statement B is true c. Statements A and B are True d. Both statements are False e. Statement A is True and Statement B is False f. Statement A is False and Statement B is True Strictly for CLSU-PPSCC use TRUE OR FALSE Bid securities shall be returned only after the bidder with the Lowest Calculated Responsive Bid has signed the contract and furnished the performance security, except to those declared by the BAC as failed or post-disqualified in accordance with this IRR, upon submission of a written waiver of their right to file a request for reconsideration and/or protest. Strictly for CLSU-PPSCC use Statement A Placing no price is considered as non-responsive Statement B Specifying a “0” or “-” means it is offered for free a. Statement A is true b. Statement B is true c. Statements A and B are True d. Both statements are False e. Statement A is True and Statement B is False f. Statement A is False and Statement B is True Strictly for CLSU-PPSCC use Unless the Instructions to Bidders (ITB) specifically allows partial bids, those not providing all required items shall be considered non-responsive Placing no price is considered as non- responsive Specifying a “0” or “-” means it is offered for free Strictly for CLSU-PPSCC use SUBMISSION AND RECEIPT OF BIDS When is a document deemed “complete” and “sufficient”? Strictly for CLSU-PPSCC use SUBMISSION AND RECEIPT OF BIDS When is a document deemed “complete” and “sufficient”? For a document, to be deemed “complete” and “sufficient”, it must be complete on its face, that is, contain all the information required, and must comply with the requirements set out in the Bidding Documents. For example, a Bid Security in an amount below the requirement is an insufficient submission. A document that is not signed and/or notarized is considered a patently insufficient submission. Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS Should PE immediately return the second bid envelope unopened to the bidder if its bid has been declared failed for neglecting to submit all required documents in its first bid envelope? Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS NPM NO. 011-2010 Should PE immediately return the second bid envelope unopened to the bidder if its bid has been declared failed for neglecting to submit all required documents in its first bid envelope? The BAC should return the bid enveloped for a bidder whose bid has been finally declared failed despite the deletion of the sentence "[i]n case one or more of the above required documents in the first envelope of a particular bid is missing..., the BAC shall rate the bid concerned as "failed" and immediately return to the bidder concerned its second bid envelope unopened" in Section 30.1 of the IRR. Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS Can the opening of bids be conducted by the BAC Secretariat without the presence of the BAC? Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS NPM NO. 069-2013 Whether the opening of bids may be conducted by the BAC Secretariat without the presence of the BAC. Sections 12.1, 30.1 and 30.2 of the revised IRR of RA 9184 categorically vests upon the BAC the authority to determine each bidder's compliance with the required documents for purposes of eligibility. [T]he BAC cannot delegate its authority to open and examine bids preliminarily, which was expressly vested upon it by RA 9184 and its revised IRR, to the BAC Secretariat. Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS Can the Procuring Entity (PE) bar non-bidders from observing its scheduled opening of bids? Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS NPM NO. 114-2015 Whether the Procuring Entity (PE) can bar non-bidders from observing its scheduled opening of bids [I]t is clear from the public nature of the bidding process, particularly the opening of bids, that the PE cannot bar non-bidders from observing its scheduled opening of bids. Accordingly, the public is entitled to observe the bid opening subject to the sound, regulatory discretion of the procuring entity. Hence, the PE can set the rules on the conduct of its bid opening pursuant to the provisions of the IRR of RA 9184, which should be made available to bidders, and to the public at large. Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS Can a disqualified bidder be asked to leave the bid opening? Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS NPM NO. 114-2015 Whether a disqualified bidder may be asked to leave the bid opening If the public is entitled to observe the bid opening, as in the case of non- bidders, more so is the disqualified bidder who has an interest in the outcome bidding process, particularly the opening of bids. Corollarily, the PE can set the rules on the conduct of its bid opening, and regulate the manner by which the bidders, prospective bidders, disqualified bidders, non-bidders, and the general public will participate in the bid opening pursuant to the provisions of the IRR of RA 9184. Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS What is the proper conduct of the opening of bid envelopes of a bidder whose bid was not opened on the scheduled bid opening date because of a declaration of disqualification? Strictly for CLSU-PPSCC use OPENING AND PRELIMINARY EXAMINATION OF BIDS NPM NO. 069-2013 The proper conduct of the opening of bid envelopes of a bidder whose bid was not opened on the scheduled bid opening date because of a declaration of disqualification. In order to maintain the public character of a bid opening activity, the Bids and Awards Committee (BAC) should open a reconsidered bid under the same circumstances as it opened the bids that were not disqualified, i.e., upon a duly scheduled opening of bid with proper notices to the concerned entities. Strictly for CLSU-PPSCC use  Can a bidder withdraw its bid? Strictly for CLSU-PPSCC use Can a bidder withdraw its bid? Yes, a bidder may, through a Letter of Withdrawal, withdraw its bid, before the deadline for the receipt of bids. A bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped received by the BAC before the deadline for the receipt of bids. A bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract. It should be noted however that the act of habitually withdrawing from bidding or submitting letter of non-participation for at least three (3) times within a year is a ground for the position of administrative penalties, except when done for a valid reason. The bidder that withdraws its bid beyond the deadline for the submission of bids will forfeit its bid security, as well as the imposition of any applicable administrative, civil and/or criminal sanction prescribed in R.A. 9184 and its 2016 IRR. Strictly for CLSU-PPSCC use  Is the process of rounding off number considered an arithmetical correction? Can the TWG do an arithmetical correction during bid evaluation? Strictly for CLSU-PPSCC use NPM NO. 125-2013 Is the process of rounding off number considered an arithmetical correction? Can the TWG do an arithmetical correction during bid evaluation? Arithmetical correction of bids are done in accordance with Section 32.2.1 (b) of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184. In order to enable proper comparison of all eligible bids, arithmetical corrections are done by considering computational errors and omissions, including bid modifications and discrepancies in bid prices. Necessarily, the process of rounding off numbers may be construed as an arithmetical correction for the determination of the LCB. However, the details on how the prices should be rounded off should be clearly stated by the procuring entity in its Invitation to Bid (IB) , and applied similarly to all bids so as to ensure that bids are evaluated on equal footing, to ensure fair and competitive bid evaluation. Strictly for CLSU-PPSCC use  In case a tie occurred between two bidders during the opening of bids, should the bidder that provided freebies/add-ons to be the winning bidder be recommended? Strictly for CLSU-PPSCC use NPM NO. 071-2015 In case a tie occurred between two bidders during the opening of bids, whether BLGF could recommend the bidder that provided freebies/add-ons to be the winning bidder. A tie occurring during the opening of the bids does not find support to the situation contemplated in the preceding paragraph where a tie-breaking method will be employed. Instead of declaring a tie after bid opening, the PE should continue the process of Bid Evaluation and Post-Qualification and only upon declaration that two or more of the bidders are determined as LCRBs will a tie be considered to have occurred among the bids. Strictly for CLSU-PPSCC use  Can overpricing in some of the items may be off-set by underpricing in other items for projects procured on a per lot basis? Strictly for CLSU-PPSCC use NPM 043-2014 Whether overpricing in some of the items may be off-set by underpricing in other items. Only bids that are within the ABC, regardless if the price offered for other items in the lot exceeds their respective ABC per item, may be considered for award if proven to be the lowest calculated and responsive bid among all other bids, in the case where several items are grouped into one lot and awarded as one contract. Strictly for CLSU-PPSCC use BID EVALUATION Is a bid offer exceeding the ABC considered valid considering that the bid offer includes a 32% discount which when applied, will make the bid offer within the ABC? Strictly for CLSU-PPSCC use BID EVALUATION NPM No. 123-2017 Clarification on whether or not a bid offer that exceeds the ABC shall be considered valid considering that the bid offer includes a thirty-two percent (32%) discount which when applied, will make bid offer within the ABC. [A]n offer of discount in the Bid Form can be validly considered in the computation of the total calculated price. Accordingly, a bidder whose Bid Price is initially higher than the Project’s ABC may still be qualified if after computation of the total bid price, including the discount, the resultant amount is below the ABC. Thus, if the bidder offered the discount as part of its bid proposal or in the Bid Form, it shall be deducted from the total bid price, and this will be the basis for the determination of whether its bid price is within the ABC. Note, however, that the discount offered must be submitted and included as part of the bid proposal, and not made or offered as a mere afterthought or after the bids are opened. Strictly for CLSU-PPSCC use BID EVALUATION Is the demonstration of the item prior to bidding will amount to “pre- qualification”? Strictly for CLSU-PPSCC use BID EVALUATION NPM No. 019-2016 Whether the demonstration of the item prior to bidding will amount to a "prequalification" requirement abandoned with the enactment of Republic Act (RA) No. 9184. [I]f the required demonstration of the item to be bid, will be a criterion for eligibility or qualification of bidders, such that the subsequent bidding process will be limited to those who participated in the demonstration activity, then the required demonstration will amount to "pre-qualification," which is proscribed under Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR). However, if the information and result of the demonstration will only be used by the procuring entity in coming up with its technical specifications, and equal opportunity shall be extended to all prospective bidders who are capable of complying with the procuring entity's requirements, then the demonstration will not fall within the ambit of "prequalification" activity proscribed by RA 9184. Strictly for CLSU-PPSCC use Is there a need to issue a notice to bidders as to the result of bid evaluation? Strictly for CLSU-PPSCC use NPM NO. 095-2016 Notice to Losing Bidder RA No. 9184 and its revised IRR do not provide rules for the notification of bidders as to the result of the bid evaluation. However, in the event of post- disqualification of the bidder with the Lowest Calculated Bid (LCB), Section 34.5 of the revised IRR dictates that the BAC shall immediately notify the bidder in writing that it was post-disqualified and the grounds relied upon by the BAC for the disqualification. Strictly for CLSU-PPSCC use  Can the BAC refuse to provide a copy of the BAC Resolutions/ Bid Evaluation to the concerned bidder? Strictly for CLSU-PPSCC use NPM NO. 114-2015 Whether the bids and awards committee (BAC) can refuse to provide a copy of the BAC Resolutions/ Bid Evaluation to the concerned bidder In as much as the public cannot be prohibited from attending and observing the PE's bidding process, more particularly, the opening of bids, on the basis of the constitutionally enshrined principle on the right of the people to information of public concern, it is in the same vein that a bidder may not be denied access to BAC Resolutions or Bid Evaluation results. Nonetheless, reasonable regulations may be imposed by the PE in the manner in which bidders may access information or acquire copies of BAC Resolutions or results of the Bid Evaluation. Strictly for CLSU-PPSCC use Within 5 cd from receipt of Notice of Post-Qualification, what must the bidder submit? 1. Latest Income and Business Tax Returns; 2. Other appropriate Licenses and permits required by law and stated in the Bidding Documents. Strictly for CLSU-PPSCC use  No-contact Rule During the bid evaluation stage, the BAC, BAC Secretariat and the TWG shall not entertain clarifications from Bidders, neither shall they initiate communication with the Bidders, regarding the evaluation of the bids, except - 1. Bidders who waived their right to utilize the protest mechanism or those whose request for reconsideration and/or protest were subsequently denied may convey to the BAC any valid, reasonable and lawful information or observation they have pertaining to the bids submitted by qualified bidders; 2. Inquiry or follow-up on the status of a procurement activity or proceedings; and 3. Verification process during post-qualification to ensure that the bidder complies with all the legal, technical and financial requirements and specifications indicated in the bidding documents, such as the conduct of inspection of the premises or the testing of goods offered by the bidder. Strictly for CLSU-PPSCC use  Is there a limit in the increase of the ABC? Strictly for CLSU-PPSCC use Is there a limit in the increase of the ABC? Sections 35.2 and 35.3 provide that whenever a failure of bidding has occurred, the procuring entity is required to conduct a mandatory review of the terms, conditions, specifications in the bidding documents, including its cost estimates. As the BAC deems it fit, and based on the findings in its mandatory review, it may revise and agree on a new set of technical specifications; and, if necessary, may adjust the amount of the ABC, subject to the required approvals under the IRR. If, after two-failed biddings under Section 35 of the IRR, the procuring entity decides to resort to Negotiated Procurement (Two-Failed Biddings), Annex “H”, the Guidelines for the Alternative Methods of Procurement requires the BAC to conduct a mandatory review of the terms, conditions, specifications, and cost estimates; and, when necessary, increase the ABC provided that it is not more than twenty percent (20%) of the ABC for the last failed bidding. Strictly for CLSU-PPSCC use What are the rules governing the review and approval of government contracts? Strictly for CLSU-PPSCC use What are the rules governing the review and approval of government contracts? Executive Order 423, s. 2005, as amended by E.O. 645, s. 2007 and E.O. 34, s. 2017, prescribes the rules and regulations on the review and approval of government contracts. Essentially, E.O. 423 provides that, except for government contracts required by law to be acted upon and/or approved by the President, the HoPE shall have full authority to give final approval and/or enter into all government contracts of his respective government agency, awarded through public bidding, regardless of amount. Provided, that the HoPE certifies under oath that the contract has been entered into in faithful compliance with all applicable laws and regulations. The HoPE may also delegate in writing this full authority to give final approval and/or enter into government contracts awarded through public bidding as circumstances may warrant (i.e. to decentralization of procurement in a government agency), subject to such limitations as he may impose. All Government contracts required by law to be acted upon and/or approved by the President, and any subsequent amendments or supplements thereto, shall be submitted with complete documentation to NEDA, through its Director-General, within seven (7) days from approval by the Head of Procuring Entity concerned or his duly authorized representative, as the case may be, for NEDA’s review and evaluation. Government contracts submitted shall be accompanied by a complete execution copy of the contract, related agreements, annexes, other approvals and permits, including a detailed summary of the pertinent laws, rules and regulations governing the processing and award of the contract, and accompanied by the requirements under E.O. 423, as amended, where alternative methods of procurement where resorted to. Strictly for CLSU-PPSCC use  When is a contract “effective”? Strictly for CLSU-PPSCC use When is a contract “effective”? Unless otherwise specified in the contract, a contract is effective on the date it is signed by both parties, i.e. the Procuring Entity and the winning bidder/Supplier. However, all notices called for by the terms of the contract are effective only upon receipt of those notices by the successful bidder. For example, the Supplier will commence its obligation to deliver the goods or render services only upon receipt of the Notice to Proceed, as this Notice advises the Supplier to commence deliveries or services under the contract. Strictly for CLSU-PPSCC use  What documents form part of the contract? Strictly for CLSU-PPSCC use What documents form part of the contract? The contract shall include the following: 1.The Contract Agreement; 2.Bidding documents; 3.Winning bidder’s bid, including the Eligibility Requirements, Technical and Financial Proposals, and all other documents/statements submitted (e.g. bidder’s response to clarifications on the bid), including corrections to the bid resulting from the Procuring Entity’s bid evaluation; 4.Performance Security; 5.Notice of Award of Contract; 6.Other contract documents that may be required by existing laws and/or the Procuring Entity concerned. Strictly for CLSU-PPSCC use TRUE OR FALSE The Procuring Entity (PE) shall enter into contract with the winning bidder within twelve (12) calendar days from the winning bidder’s receipt of the Notice of Award (NOA) and provided that all the documentary requirements are complied with, including posting of the appropriate performance security. Strictly for CLSU-PPSCC use Contract Signing: Section 37.2.2 of the 2016 Revised IRR of R.A. 9184 The Procuring Entity (PE) shall enter into contract with the winning bidder within ten (10) calendar days from the winning bidder’s receipt of the Notice of Award (NOA) and provided that all the documentary requirements are complied with, including posting of the appropriate performance security. Strictly for CLSU-PPSCC use TRUE OR FALSE The Procuring Entity, through the BAC Secretariat, shall post a copy of the Notice to Proceed and the approved contract in the PhilGEPS and the website of the Procuring Entity, if any, within three (3) calendar days from the issuance of the Notice to Proceed. Strictly for CLSU-PPSCC use Notice to Proceed Section 37.4.2 of the 2016 Revised IRR of R.A. 9184 The Procuring Entity, through the BAC Secretariat, shall post a copy of the Notice to Proceed and the approved contract in the PhilGEPS and the website of the Procuring Entity, if any, within fifteen (15) calendar days from the issuance of the Notice to Proceed. Strictly for CLSU-PPSCC use TRUE OR FALSE Extraordinary fortuitous events include fire, earthquake, unusual flood, war, pestilence, and traffic jam. Strictly for CLSU-PPSCC use  Revised Guidelines on Contract Price Escalation Article 1680, enumerates Extraordinary Fortuitous Events or those events which do not usually happen, such as, but not limited to the following: PESTILENCE UNUSUAL LOCUSTS EARTHQUAKE FIRE WAR FLOOD Provided that the circumstances before, during and after the event shall be taken into consideration. Strictly for CLSU-PPSCC use Strictly for CLSU-PPSCC use Limited Source Bidding Shopping A NP-Emergency Cases NP-Agency to Agency NP-SSAWETMS NP-Defense Cooperation NP-Small Value Direct Contracting Shopping B NP-Take Over of Contracts Agreement Procurement NP-Adjacent or NP-Lease of Real Property NP-Highly Technical Repeat Order NP-Two Failed Biddings Contiguous and Venue Consultants NP-Community NP-UN, IOS, IFIS NP-NGO Participation NP-Direct Retail Purchase Participation TRUE OR FALSE In case of Shopping when not available in DBM-PS, the BAC cannot proceed to send the Request for Quotations to at least three (3) suppliers of known qualifications, and at least three(3) price quotations must be obtained. FALSE Strictly for CLSU-PPSCC use TRUE OR FALSE Under Two-Failed Biddings modality, Procuring Entities are given the discretion to determine which requirements must be submitted by bidders. This gives Procuring Entities the authority to choose the eligibility documents necessary for the project, provided that a mandatory review has been conducted to determine the adjustments needed to address the previous failure of bidding. TRUE Strictly for CLSU-PPSCC use  FAILURE OF BIDDING BAC shall DECLARE A WAY FORWARD: FAILURE OF BIDDING, when: ❑ Mandatory review shall be No bids are received; conducted by BAC Bids were received but no ❑ Based on its findings, BAC shall: one was eligible; ❖ Revise terms, conditions, specifications All bids failed to post qualify; or ❖ Adjust ABC, subject to required approvals Refusal of the post-qualified ❖ Re-bidding ❖ Re-advertisement bidder to accept award without justifiable cause Sec. 35 of RA 9184 Strictly for CLSU-PPSCC use  RESERVATION CLAUSE HoPE reserves the right to: GROUNDS: ❑ Prima facie evidence of collusion Reject any and all bids ❑ BAC is found to have failed in following the prescribed bidding procedures Declare a failure of ❑ For justifiable reasons, the award of bidding contract will not redound to the benefit of the Government: Not award the contract ❖ Physical and economic conditions have significantly changed; ❖ Project is no longer necessary ❖ Source of funds for the project has been withdrawn/reduced. Sec. 41 of RA 9184 Strictly for CLSU-PPSCC use DEFINE 1.Collusive practices 2.Corrupt practices 3.Coercive practices 4.Fraudulent practices Strictly for CLSU-PPSCC use Prohibited Practices Collusive Corrupt Coercive Fraudulent Corrupt Practices Practices Practices Practices Practices Scheme or arrangement Improper and unlawful Harming or threatening Misrepresentation of between two (2) or more enrichment of one’s self to harm, directly or facts in order to influence bidders to establish bid or others indirectly a procurement process prices at artificial levels Strictly for CLSU-PPSCC use  PLEASE MAKE SURE TO REVIEW Standard bidding procedure for goods Governing principles and services including of public procurement basic requirements Scope and application Alternative modes of of RA 9184 procurement; negotiated BAC composition and procurement requirements modalities Strictly for CLSU-PPSCC use