revised implementing rules and regulations
DESCRIPTION
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 - PowerPoint PPT PresentationTRANSCRIPT
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Revised Implementing Rules and Regulations
Republic Act No. 9184
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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
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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
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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
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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
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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
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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
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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
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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
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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
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IRR Highlights
Eligibility Requirements (Secs. 23 & 24)
Reduced to 5-6 documents
Others to be submitted during – Post-qualification Prior to Award of Contract
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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
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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
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IRR Highlights
Submission and Receipt of Bids (Sec. 25)
Two-envelope system (Eligibility Documents included in Technical Proposal)
Documentary requirements trimmed down
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IRR Highlights
Submission and Receipt of Bids (Sec. 25)
Project related statements lumped into one document
Harmonize with blacklists of recognized IFIs
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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
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IRR HighlightsForm of Bid and
Performance SecurityAmt of Bid Security
(% = ABC)Amt of Performance
Security (% = Contract Price)
a) Cash, cashier’s/manager’s check
2%5% (Goods & Consulting)
10% (Infra)
b) Bank guarantee/draft, Irrevocable LC
c) Surety bond callable upon demand
5% 30%
d) Combination of the foregoing
Proportionate to share of form with respect to the total amount of security
Proportionate to share of form with respect to the total amount of security
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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)]
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IRR Highlights
No Contact Rule (Sec. 32)
BAC, thru Secretariat, may request for clarification of bid as long as it is in writing
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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.
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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
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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
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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
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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
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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
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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?
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IRR Highlights
Philippine Bidding Documents www.gppb.gov.ph Approved last 30 September 2009
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Thank you
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