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The Government
Procurement Policy Board (GPPB), the executive body that
reviews the effectiveness of the Government Procurement
Reform Act (GPRA), has issued several resolutions aimed
at further systematizing the public procurement process
to avoid confusion and help ensure transparency.
GPPB Resolution
No. 03-2006 has amended the GPPB Guidelines on Extension
of Contracts for General Services earlier issued by the
GPPB in CY2005. Under the previous Guidelines, procuring
entities are allowed to extend its existing contracts for
general services on a periodic month-to-month basis but
not to exceed 2 months, unless otherwise approved by the
GPPB. Several requests for approval of contract extension
have been received by the GPPB for its consideration and
approval, and many more are expected to follow. To give
the procuring entities more flexibility in their operations,
the GPPB agreed to extend the allowable period for contract
extension as provided in the Guidelines from 2 months to
6 months, and still require approval of the GPPB for contract
extension beyond 6 months.
For goods procurement
through shopping where unforeseen contingency requires immediate
purchase and with amounts not exceeding P50,000, GPPB Resolution
No. 05-2006 exempts suppliers of these goods from posting
a performance security provided that the goods procured
shall be delivered upon purchase. The immediate compliance
of the suppliers obligation to deliver or perform
renders the posting of a performance security hardly practicable.
GPPB Resolution
No. 04-2006 is endorsing for the approval of the President
an amendment to the IRR/GPRA that would provide procedures
for small value procurement of goods, infrastructure projects,
and consulting services.
Small value procurements
usually do not require all the formalities of a bidding
process and should instead follow a more simplified procurement
procedure for expediency and efficiency. The section on
the alternative method of negotiated procurement is proposed
to be amended to include another case involving procurement
amounting to P50,000 and below, provided that the procurement
does not result in splitting of contracts and does not fall
under shopping of readily available off-the-shelf goods
or ordinary/regular equipment. In this case, the procuring
entity shall draw up a list of at least 3 suppliers, contractors,
or consultants of known qualifications that will be invited
to submit proposals in case of goods and infrastructure
projects, or curriculum vitae, in case of consulting services.
GPPB Resolution
No. 07-2006 likewise seeks approval of the President of
an amendment to the IRR/GPRA on the eligibility requirement
on the largest single similar contract completed for procurement
of goods. The present requirement of having completed a
similar contract having a value of at least 50% of the approved
budget of the contract being bid out has been observed to
be prejudicial under certain conditions to the principles
of open competition, and efficiency and effectiveness in
the procurement process. These have led to failures of bidding
and opportunities for monopolies. The proposed amendment
provides that when failure of bidding has resulted because
no single bidder has complied with the above requirement
for a completed similar contract, or imposing same requirement
will likely result to a monopoly that will defeat the purpose
of public bidding, the procuring entity may instead require
the prospective bidder to have completed at least 3 similar
contracts having an aggregate contract amount equal to at
least 50% of the ABC, with the largest of these similar
contracts equal to at least 25% of the ABC. Further, the
prospective bidder must have been in existence for at least
3 consecutive years prior to the advertisement. The proposed
amendment also provides that when the item to be procured
is novel or its procurement is unprecedented or is unusual,
prospective bidders will only have to comply with the requirement
that they have been in existence for at least 3 consecutive
years prior to the bidding.
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