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Revised Implementing Rules and Regulations

Revised Implementing Rules and Regulations. Republic Act No. 9184. IRR Highlights. Background Harmonization Alignment with International Best Practices Application of Domestic Preference AO 227 , Flag Law Learning from Experience

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Revised Implementing Rules and Regulations

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

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

  16. IRR Highlights • Bid & Performance Securities (Secs. 27 & 39) • Deleted certified check from acceptable forms • In general, bank issued securities must be issued by a universal/commercial bank • However, in biddings conducted by LGUs, securities may be issued by banks certified by BSP as authorized to issue said instruments • Surety Bonds must be accompanied by certification from Insurance Commission that issuer is authorized to issue such security

  17. IRR Highlights

  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 • No Contact Rule (Sec. 32) • BAC, thru Secretariat, may request for clarification of bid as long as it is in writing

  20. IRR Highlights • Post-qualification (Sec. 34) • 3-days from notice of lowest calculated/highest rated bid, submit 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 • 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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?

  27. IRR Highlights • Philippine Bidding Documents • www.gppb.gov.ph • Approved last 30 September 2009

  28. Thank you • Comments, questions? • GPPB On Line Forum • http://gppb.topicsolutions.net/

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