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Bidding with Procurement Service Atty. Michelle Anne B. Recto, LL.M. Legal Division Procurement Service

Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

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Page 1: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Bidding with Procurement Service

Atty. Michelle Anne B. Recto, LL.M.Legal DivisionProcurement Service

Page 2: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

The Central Procuring Arm of the Philippine Government

Participating in Procurement Service Projects

Page 3: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

The Procurement Service

• The Procurement Service is the Central Procuring Arm of the Government.

Page 4: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

The Procurement Service

• The Procurement Service is the Central Procuring Arm of the Government.

Page 5: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Governing Principles of Philippine Procurement

Transparency and Competition

Page 6: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Governing Principles

Transparency

Competition

Value for Money

Page 7: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Transparency

• Maintaining transparency in the procurement process by ensuring that information is always accessible.

Page 8: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Competition

• Ensuring competitiveness by extending equal opportunities to all eligible and qualified potential suppliers and contractors.

Page 10: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Governing Principles

Transparency

Page 11: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Finding Information

PhilGEPS and the PS Website

Page 12: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Finding Information

Finding Opportunities

Finding Updates

Finding Other Information

Page 13: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

PhilGEPS Website

• The PhilGEPSWebsite also contains helpful information on system updates and events.

Page 14: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

PhilGEPS

Page 15: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

PhilGEPS

• The PhilGEPS System offers a centralized database and information central for procurement activities of the Philippine Government.

Page 16: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

PhilGEPS

• Information on Opportunities, Clarifications, Schedules, and Awards are posted in PhilGEPS.

Page 17: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Procurement Service Website

Page 18: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Procurement Service Website

Page 19: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Website of the Procuring Entity

Page 20: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Conspicuous Places and Boards

• Internet Connection isn’t always accessible and can be unreliable at times. Opportunities, schedules and clarification can also be found in Bulletin Boards of the Procurement Service.

Page 24: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Update: Newspaper Posting

Page 25: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Consistency of Procurement: CUS

• For Common Use Supplies and Equipment, projects are bid out by the Procurement Service on a regular basis.

Page 26: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Consistency of Procurement: CUS

• For Common Use Supplies and Equipment, projects are bid out by the Procurement Service on a regular basis.

Page 27: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Merchant Conferences and Workshops

• In pursuit of fostering ease of commerce and lasting business rapport, PS and Government Agencies conduct regular conferences.

Page 28: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

The Secretariat

• Questions on the conduct of bidding, and other similar matters may be coursed through the BAC Secretariat, provided that clarifications and questions are made in writing.

Page 29: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

The Secretariat

• Questions on the conduct of bidding, and other similar matters may be coursed through the BAC Secretariat, provided that clarifications and questions are made in writing.

Page 30: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences

Full Blown Discussions and Avenues for Clarifications

Page 31: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences

• Process

• Requirements

• Clarifications

• Reasons for Disqualification

Page 32: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences: Processes

• During the Pre-Bid Conference, the procurement process is discussed extensively.

Page 33: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences: Requirements

• The eligibility and technical requirements are discussed point by point.

• As each bidding process is distinct, different, and unique, the technical requirements are too.

Page 34: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences: Clarifications• Clarifications are

discussed during the Pre-Bid Conference.

• Potential Bidders are encouraged to clarify requirements during the Pre-Bid and to reflect the questions formally in writing.

Page 35: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences: Clarifications

• CLARIFICATIONS: TAKE NOTE:

–Responses during the Pre-Bid Conference are not official until they have been duly reflected in the Bid Bulletins

– The Bid Bulletins are posted seven (7) days before the conduct of the Opening of Bids.

–Bid Bulletins are not limited to a single publication in one bidding.

Page 36: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Pre-Bid Conferences: Reasons for Disqualifications

• The common reasons for disqualification are also discussed during Pre-Bid Conferences.

Page 37: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Bid Submission

Conduct of Opening of Bids

Page 38: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Bid Submission

• Sealing and Marking

• No Contact Submission

• Deadlines

• Representation

• Bid Evaluation

Page 40: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Bid Submission: No Contact Submission

• Bids are dropped without contact with any personnel except the security personnel who may assist in the securing of time stamps.

Page 41: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Bid Submission: Deadlines

• Deadlines for procurement are strict.

• A second can mean the disqualification of the submission.

• Be conscious of the date and time.

Page 44: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Ineligibility and Post-Disqualification

Common Causes

Page 45: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Bid Submission

• Late Submission

• Permits and Licenses

• Notarization

• Non-Compliance to Technical Specifications

• Failure to Submit Samples

Page 46: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Remedies

Page 47: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Remedies

• Request for Reconsideration

• Protest

Page 48: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Alternative Modes of Procurement

Other Modes of Procurement

Page 49: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Alternative Modes of Procurement

• Government Procurement is not limited to Public Bidding. Other modes such as Small Value Procurement, Negotiated Procurement, and Direct Contracting are among the many modes. However, these modes are rarely used for the procurement of Common Use Supplies and Equipment.

Page 50: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Governing Principles

Competition

Page 51: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Levelling the Playing Field

Fostering a Healthy Competition

Page 52: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Transparency and Incorporation of Supplier Input

• The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account.

• Prices, Permits, Changes in the Industry, etc.

Page 53: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Transparency and Incorporation of Supplier Input

• More suppliers are encouraged to join government procurement in order to raise the level of competition and foster a healthy competitive environment for government procurement.

Page 54: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

1. Small number, compared to the universe of available suppliers, joins government procurement.

2. Developing culture of trust between government and suppliers.

3. Helping suppliers enhance their capability in supplying government needs.

Page 55: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

1. Small number, compared to the universe of available suppliers, joins government procurement.

2. Developing culture of trust between government and suppliers.

3. Helping suppliers enhance their capability in supplying government needs.

Page 56: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

1. Small number, compared to the universe of available suppliers, joins government procurement.

2. Developing culture of trust between government and suppliers.

3. Helping suppliers enhance their capability in supplying government needs.

Page 57: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

1. Small number, compared to the universe of available suppliers, joins government procurement.

2. Developing culture of trust between government and suppliers.

3. Helping suppliers enhance their capability in supplying government needs.

Page 58: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

4. Guiding suppliers in preparing bids without violating laws and ethical rules through small group discussions prior to deadline of submissions of bids.

5. Simplifying procurement processes without violating R.A. 9184.

6. Current international trends in public procurement

Page 59: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

4. Guiding suppliers in preparing bids without violating laws and ethical rules through small group discussions prior to deadline of submissions of bids.

5. Simplifying procurement processes without violating R.A. 9184.

6. Current international trends in public procurement

Page 60: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

4. Guiding suppliers in preparing bids without violating laws and ethical rules through small group discussions prior to deadline of submissions of bids.

5. Simplifying procurement processes without violating R.A. 9184.

6. Current international trends in public procurement

Page 61: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Challenges in Levelling the Playing Field

4. Guiding suppliers in preparing bids without violating laws and ethical rules through small group discussions prior to deadline of submissions of bids.

5. Simplifying procurement processes without violating R.A. 9184.

6. Current international trends in public procurement

Page 62: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Governing Principles

Value for Money

Page 63: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Responsive Bids

Best Value for Money = ABC + Quality

Page 65: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Approved Budget + Compliance

• Government Procurement takes into consideration the Approved Budget for the Contract and the Responsiveness of the Bid to the Requirements

Page 66: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account

Keep Joining Government Biddings!

Page 67: Bidding with Procurement Service - ps-philgeps.gov.ph · •The conduct of Biddings are kept transparent and the inputs of the market and industry players are taken into account