NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

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NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by fe a. araya on Sat Jul 16, 2011 1:07 pm

Is there a threshold or what is the a maximum amount allowed for Negotiated Procurement (NP) involving NGO/Community participation pursuant to Section 53.11 and 53.12? Although there is a separate GPPB guidelines on NGO participation in public procurement, it is silent on the amount of ABC for the HOPE to resort to either of the two (2) options provided, i.e., public bidding or negotiated procurement.

A certain office resorted to negotiated procurement of REforestation Project with a Peoples Organization (PO), the ABC of which is P4.2M. The said office invited registered POs in the locality to submit LOI to participate in the said undertaking and after evaluation, awarded to the most qualified. My question is, with the amount of ABC (P4.2M), is negotiated procurement the right mode? I may have missed some provisions but just reading the Guidelines on NGO (since there is no guidelines for Community Participation), it is silent on the threshold unlike in Small Value Procurement.

When do we resort to public bidding or negotiated procurement in the case of NGO/Community Participation as far as ABC is concern?

Moreover, the said invitation was not posted in the PhilGEPS, but that's another issue.
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by olrac_tm on Tue Jul 19, 2011 11:26 am

the DENR is now preparing its revised customized procurement manual which will form part of the CDD project. a memorandum will be disseminated to all field ofc and will gather all your comments, suggestion and issues to incorporate in the revised CPM of DENR.
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by fe a. araya on Tue Jul 19, 2011 7:21 pm

Wow! that's a welcome news especially for us in the DENR. Actually, that's what we're waiting (revision of the customized procurement manual of the DENR with the coming out of the Revised IRR in Sept. 2009. But for now, my query is still unanswered and the case I presented is an actual case.
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by engrjhez® on Wed Jul 20, 2011 9:47 am

fe a. araya wrote:Is there a threshold or what is the a maximum amount allowed for Negotiated Procurement (NP) involving NGO/Community participation pursuant to Section 53.11 and 53.12? Although there is a separate GPPB guidelines on NGO participation in public procurement, it is silent on the amount of ABC for the HOPE to resort to either of the two (2) options provided, i.e., public bidding or negotiated procurement.

A certain office resorted to negotiated procurement of REforestation Project with a Peoples Organization (PO), the ABC of which is P4.2M. The said office invited registered POs in the locality to submit LOI to participate in the said undertaking and after evaluation, awarded to the most qualified. My question is, with the amount of ABC (P4.2M), is negotiated procurement the right mode? I may have missed some provisions but just reading the Guidelines on NGO (since there is no guidelines for Community Participation), it is silent on the threshold unlike in Small Value Procurement.

When do we resort to public bidding or negotiated procurement in the case of NGO/Community Participation as far as ABC is concern?

Moreover, the said invitation was not posted in the PhilGEPS, but that's another issue.

For alternative methods, only Shopping and SVP have thresholds. The rest, none, except for the additional requisite if the amount reaches P500M:
RDV @ GP3i wrote:There is NONE under R.A. 9184 and IRR.
However, if the amount of contract is at least P500 Million, the HOPE shall secure a prior approval from the GPPB "that said Government proposed procurement undertaking falls within the exceptions from public bidding and that the proposed specific mode of procurement is appropriate." (Executive Order No. 645 dated 31 July 2007, amending Sec. 4 of E.O. 423 dated 18 September 2003)
...quoting the information I first learned from RDV last March 27, 2009. Smile
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by fe a. araya on Thu Jul 21, 2011 5:07 pm

Thanks, jhez. Musta na? Anyway, with that information, the office which opted to adopt Negotiated Procurement for a project with an ABC of P4.2M did not violate any provision of the IRR except perhaps the posting requirement.

What does the COA say about this? Anybody please from the COA?
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by Guest on Sat Nov 03, 2012 11:23 am

In a procurement method applying negotiated procurement thru community participation (services to maintain a livelihood project - pond cleaning, water maintenance, feeding of stocks..), with an abc of P1.9M, is the prior approval of the GPPB still needed po? Please enlighten...

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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by engrjhez® on Sun Nov 04, 2012 12:20 pm

eagerlearner wrote:In a procurement method applying negotiated procurement thru community participation (services to maintain a livelihood project - pond cleaning, water maintenance, feeding of stocks..), with an abc of P1.9M, is the prior approval of the GPPB still needed po? Please enlighten...

Yes. Section 53.12 of the IRR is clear.

53.12. Community Participation. Where, in the interest of project sustainability or to
achieve certain specific social objectives, it is desirable in selected project
components to call for participation of local communities in the delivery of services,
the procuring entity shall propose the procedures, specifications, and contract
packaging which are subject to the approval of the GPPB.

The procedures, specifications and contract packaging are to be submitted to the GPPB for approval.
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by Guest on Mon Nov 05, 2012 3:14 pm

Thank you engrhez...how is the process for approval sought? can this be done online?

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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by engrjhez® on Mon Nov 05, 2012 5:23 pm

eagerlearner wrote:Thank you engrhez...how is the process for approval sought? can this be done online?

You have to submit by handing over the document. Visit their office or if possible, you may send the documents through fax. Smile
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by jcolas on Thu Nov 08, 2012 9:13 pm

Hello mam Fe, and to your querry, COA will certainly issue an Audit Observation Memo; but there is nothing to fear, as the Procuring entity will just have to justify or give the reason why it was not posted in the philGEPS. I am sure of that as I was in that situation in the past.
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Re: NGO/COMMUNITY PARTICIPATION IN NEGOTIATED PROCUREMENT

Post by RDV @ GP3i on Sat Nov 10, 2012 12:19 pm

fe a. araya wrote:Is there a threshold or what is the a maximum amount allowed for Negotiated Procurement (NP) involving NGO/Community participation pursuant to Section 53.11 and 53.12? Although there is a separate GPPB guidelines on NGO participation in public procurement, it is silent on the amount of ABC for the HOPE to resort to either of the two (2) options provided, i.e., public bidding or negotiated procurement.

A certain office resorted to negotiated procurement of REforestation Project with a Peoples Organization (PO), the ABC of which is P4.2M. The said office invited registered POs in the locality to submit LOI to participate in the said undertaking and after evaluation, awarded to the most qualified. My question is, with the amount of ABC (P4.2M), is negotiated procurement the right mode? I may have missed some provisions but just reading the Guidelines on NGO (since there is no guidelines for Community Participation), it is silent on the threshold unlike in Small Value Procurement.

When do we resort to public bidding or negotiated procurement in the case of NGO/Community Participation as far as ABC is concern?

Moreover, the said invitation was not posted in the PhilGEPS, but that's another issue.

Hi, Fe. I had just conducted a one-day procurement training to the PENRO and CENROs of DENR-Occidental Mindoro last Thursday and we had very animated but lively discussion when I was asked a similar question, although not on the threshold amount. Definitely, there is no threshold amount in both instances of Negotiated Procurement, NGO Participation and Community Participation.

For "NGO Participation", under Sec. 53.11 of the IRR, do not forget that there is a condition that a procuring entity could only use this mode "When an appropriation law or ordinance earmarks an amount to be specifically contracted out to NGOs." In the case of DENR, is there a provision in the annual General Appropriations Act (GAA) which sets aside or earmarks a certain amount of DENR's appropriation, say for reforestation, to be specifically contracted out to NGOs? If there is none, then you cannot use this mode.

For "Community Participation", Sec. 53.12 of the IRR provides that a procuring entity may use this mode where "in the interest of project sustainability or to achieve certain specific social objectives, it is desirable in selected project components to call for participation of local communities in the delivery of services." The participants here should be local communities and not just POs or NGOs (although I don't know if they could really qualify in the term "local communities"). Despite that, the other condition for the use of this mode is that procuring entity "shall propose the procedures, specifications, and contract packaging which are subject to the approval of the GPPB."

In both cases, it is incumbent upon the procuring entities to make sure that the conditions are met before they adopt any of the two modes.
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