QuestionsQuestions (GPPB Resolution NO. 013-2005)
Section 54.2(d) of IRR-A of R.A. 9184 permits negotiated procurement in the exceptional cases under Section 53(b), specifically requiring negotiation with a previous supplier/contractor/consultant of good standing or one located within the vicinity of the calamity or emergency.
It is justified only (a) where time is of the essence to avert an imminent danger to life or property or to restore destroyed or damaged vital water, power, and transportation services, and (b) where the need arises from a state of natural or man-made calamity or emergency as declared by appropriate authorities.
Unless otherwise approved by the President, negotiated procurement under Section 54.2(d) is limited to infrastructure projects costing not more than PHP 2,000,000.00. If it costs above PHP 2,000,000.00, it must be procured under Section 54.2(b) of the IRR-A.
The Head of the Government Agency or the Local Chief Executive must determine/confirm and certify that the two conditions exist and that there is insufficient time to complete bidding or that bidding is less convenient or inefficient.
The procuring entity shall negotiate with a contractor selected from its registry of bona fide contractors licensed with PCAB who satisfactorily completed a contract of the same nature. If the procuring entity has no registry or no past infrastructure projects, it may negotiate with any bona fide PCAB-licensed contractor located within the vicinity of the calamity/emergency who has satisfactorily completed similar contracts with any government agency.
It must post in the Government-Electronic Procurement System (G-EPS) bulletin board and in its website (if any) general information on the procurement activity, the recipient of the contract, and the reasons for the award.
It is the procedure by which implementation of an infrastructure project is carried out under the administration and supervision of the concerned agency through its own personnel.
It must (a) have a track record of completing a similar project by administration or by contract with a cost at least 50% of the project at hand, and (b) own the tools and construction equipment to be used or have access to such equipment owned by other government agencies.
No. The Resolution expressly provides that no contractor shall be used by the procuring entity, directly or indirectly, for works undertaken by administration.
The head must certify compliance with the conditions required for undertaking projects by administration (track record and access/ownership of tools and equipment).
They include (a) a Detailed Engineering Plan, (b) an Equipment Schedule, (c) a Manpower Schedule, and (d) a copy of the Memorandum of Agreement on the lease or use of equipment in favor of the implementing agency, if applicable.
It is required for the procurement of tools and construction equipment for projects undertaken by administration.
The maximum amount is PHP 5,000,000.00, except that for NGAs, GOCCs, GFIs, and SUCs, total projects by administration shall not exceed 25% of their budget for infrastructure projects in the approved APP; for LGUs, it shall not exceed 50% of the fund allocated for infrastructure projects.
If ordered or intended by higher authority, the implementing body must directly contract with a qualified contractor for the remaining works. Unless the President otherwise approves, the remaining portion must not be more than 10% of the entire contract/project and not exceed PHP 2,000,000.00; otherwise competitive bidding applies.
It may be done in-house by the implementing agency, through job-order, or through the pakyaw contracting system. In-house labor must be employees/personnel in regular plantilla positions.
In no case may Pakyaw Groups be regular or licensed contractors, or organized by and/or under the management of a regular or licensed contractor. Laborers supplied by job-contractors/labor-only contractors specifically for that purpose are also disqualified to become pakyaw group members.
Competitive selection with at least three (3) pakyaw groups participating is required. The selection is done on a “per-output” basis, and winners are determined by which group offers the lowest rate to deliver the desired output within the required period.
It shall not exceed PHP 500,000.00 per pakyaw group per project.