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Eligibility Requirements for Alternative Methods of Procurement
Philippine Government Procurement :: RA 9184 Revised Implementing Rules and Regulations :: Procurement Methods :: Alternative Methods of Procurement
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Eligibility Requirements for Alternative Methods of Procurement
Proposed amendment: (Under Section 54, insert as 54.3)
The current Section 54.3 to 54.5 shall be moved to Sec.54.4 to 54.6 accordingly.
54.3 In all instances of alternative methods of procurement, the procuring entity through the BAC must validate whether it is entering into a contract with a technically, legally and financially capable supplier, contractor or consultant by requiring the submission of relevant documents or through other means.
54.3.1 For the purposes of this section, "relevant documents" shall be limited to the following:
a. Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives;
b. BIR Registration Certificate;
c. Mayor’s permit issued by the city or municipality where the principal place of business of the prospective bidder is located; except for Shopping under Section 52.1.a and Negotiated Procurement under Section 53.2 of this IRR where the Mayor's permit shall be limited to the city or municipality where the procuring entity is located up to the cities and municipalities attached to its geographical boundaries;
d. Certificate of PhilGEPS Registration; except for Shopping under Section 52.1 and Negotiated Procurement under Section 53.9 of this IRR with ABCs equal to Fifty Thousand Pesos (P50,000.00) or below.
54.3.2 For the purposes of this section, "through other means" shall be limited to the following:
a. Printed copy(ies) of official correspondence from the BAC Secretariat and the SEC, DTI, or CDA for the purpose of validating Section 54.3.1.a or the Bureau of Internal Revenue (BIR) for the purposes of validating Section 54.3.1.b of this IRR, in acceptable media such as but not limited to registered mails, facsimile of the reply with letterhead indicating the official agency telephone number in the transmitted document, or electronic mails sent through official webmail address of the agency;
b. A joint certification from the Business Permit and Licensing Office and Treasury Office of the concerned city or municipality, obtained and submitted by the end-user to the BAC, through the Secretariat, that the supplier/contractor/consultant has a valid Mayor's permit issued and has no overdue accounts, for the purposes of validating Section 54.3.1.c of this IRR;
c. A certification from the Head of BAC Secretariat that the supplier/contractor is registered in the PhilGEPS directory, for the purpose of validating Section 54.3.1.d of this IRR.
54.3.2 The BAC of the procuring entity shall maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements under Section 54.3.1 of this IRR simultaneously with registration in the same manner as Section 23.4 of this IRR. A separate registry may be established for suppliers/contractors/consultants exclusively for the purposes of alternative methods of procurement.
The current Section 54.3 to 54.5 shall be moved to Sec.54.4 to 54.6 accordingly.
Re: Eligibility Requirements for Alternative Methods of Procurement
engrjhez wrote:Proposed amendment: (Under Section 54, insert as 54.3)54.3 In all instances of alternative methods of procurement, the procuring entity through the BAC must validate whether it is entering into a contract with a technically, legally and financially capable supplier, contractor or consultant by requiring the submission of relevant documents or through other means.
54.3.1 For the purposes of this section, "relevant documents" shall be limited to the following:
a. Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives;
b. BIR Registration Certificate;
c. Mayor’s permit issued by the city or municipality where the principal place of business of the prospective bidder is located; except for Shopping under Section 52.1.a and Negotiated Procurement under Section 53.2 of this IRR where the Mayor's permit shall be limited to the city or municipality where the procuring entity is located up to the cities and municipalities attached to its geographical boundaries;
d. Certificate of PhilGEPS Registration; except for Shopping under Section 52.1 and Negotiated Procurement under Section 53.9 of this IRR with ABCs equal to Fifty Thousand Pesos (P50,000.00) or below.
54.3.2 For the purposes of this section, "through other means" shall be limited to the following:
a. Printed copy(ies) of official correspondence from the BAC Secretariat and the SEC, DTI, or CDA for the purpose of validating Section 54.3.1.a or the Bureau of Internal Revenue (BIR) for the purposes of validating Section 54.3.1.b of this IRR, in acceptable media such as but not limited to registered mails, facsimile of the reply with letterhead indicating the official agency telephone number in the transmitted document, or electronic mails sent through official webmail address of the agency;
b. A joint certification from the Business Permit and Licensing Office and Treasury Office of the concerned city or municipality, obtained and submitted by the end-user to the BAC, through the Secretariat, that the supplier/contractor/consultant has a valid Mayor's permit issued and has no overdue accounts, for the purposes of validating Section 54.3.1.c of this IRR;
c. A certification from the Head of BAC Secretariat that the supplier/contractor is registered in the PhilGEPS directory, for the purpose of validating Section 54.3.1.d of this IRR.
54.3.2 The BAC of the procuring entity shall maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements under Section 54.3.1 of this IRR simultaneously with registration in the same manner as Section 23.4 of this IRR. A separate registry may be established for suppliers/contractors/consultants exclusively for the purposes of alternative methods of procurement.
The current Section 54.3 to 54.5 shall be moved to Sec.54.4 to 54.6 accordingly.
I can see the noble intention. However, offhand i can see that it would be difficult to apply to certain AMP and what instantly comes to mind is shopping a) and nego in times of calamity. perhaps in the other instances we can be more specific and standardize the requirements...

charlie brown- Valued Contributor

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Number of posts: 221
Company/Agency: national government
Occupation/Designation: BAC Chair
Registration date: 2010-01-13
Re: Eligibility Requirements for Alternative Methods of Procurement
charlie brown wrote:
I can see the noble intention. However, offhand i can see that it would be difficult to apply to certain AMP and what instantly comes to mind is shopping a) and nego in times of calamity. perhaps in the other instances we can be more specific and standardize the requirements...
Can you cite some instances where these proposed rules are difficult to apply? Please take note that Shopping and Negotiated Procurement are only exceptions based on the existence of GPPB Resolution No.09-2010. The foregoing documents should be clear and categorical enough.
Re: Eligibility Requirements for Alternative Methods of Procurement
i suggest let us call it "addendum" and not "amendment" with due respect to our very own GPPB's concerted effort in delibarating and coming up with such a wonderful procurement law.

amang'65- Valued Contributor

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Number of posts: 261
Company/Agency: City of Baguio
Occupation/Designation: sekretarya
Registration date: 2009-09-19
Re: Eligibility Requirements for Alternative Methods of Procurement
Or include a clarification of guidelines in the Manuals

Ligaw na Binatog- Board Veteran

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Number of posts: 377
Company/Agency: Senado ng Pilipinas
Occupation/Designation: Opisyal na Kawani ng Lehislatura II
Registration date: 2009-10-06
Re: Eligibility Requirements for Alternative Methods of Procurement
engrjhez wrote:charlie brown wrote:
I can see the noble intention. However, offhand i can see that it would be difficult to apply to certain AMP and what instantly comes to mind is shopping a) and nego in times of calamity. perhaps in the other instances we can be more specific and standardize the requirements...
Can you cite some instances where these proposed rules are difficult to apply? Please take note that Shopping and Negotiated Procurement are only exceptions based on the existence of GPPB Resolution No.09-2010. The foregoing documents should be clear and categorical enough.
under shopping a) for instance. assume you are riding the government vehicle on an urgent official business. suddenly the vehicle has a flat tire or a breaksdown halfway and there is a need to buy sparepart or have the tire vulcanized. Are you going to require the mentioned documents before you have your tire vulcanized?

charlie brown- Valued Contributor

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Number of posts: 221
Company/Agency: national government
Occupation/Designation: BAC Chair
Registration date: 2010-01-13
Re: Eligibility Requirements for Alternative Methods of Procurement
that's right it is considered unforeseen contingency requiring immediate purchase as stated under Section 52.1 of the revised irr.

Niwram- Valued Contributor

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Number of posts: 263
Company/Agency: Matatag na Republika ng Pilipinas
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Registration date: 2009-10-06
Re: Eligibility Requirements for Alternative Methods of Procurement
Under the GPP Reso 9-2009 (Sir engrjhez 9-2009 po hindi 9-2010) You could require them to submit the documents or you could check the eligibility through other means, Check kung may capability ung shop na pagbibilhan mo.
This only means halimbawa spareparts or vulcanizing shop for your old rusted vehicle na walang spare tire (hehe joke lang po) tignan mo lang kung may DTI, ask mo kung gano na katagal sa business etc. OTHER MEANS PO pwede under GPPB Reso 9-2009 (j). Bahala ka na sa interpretation po.
This only means halimbawa spareparts or vulcanizing shop for your old rusted vehicle na walang spare tire (hehe joke lang po) tignan mo lang kung may DTI, ask mo kung gano na katagal sa business etc. OTHER MEANS PO pwede under GPPB Reso 9-2009 (j). Bahala ka na sa interpretation po.

Ligaw na Binatog- Board Veteran

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Number of posts: 377
Company/Agency: Senado ng Pilipinas
Occupation/Designation: Opisyal na Kawani ng Lehislatura II
Registration date: 2009-10-06
Re: Eligibility Requirements for Alternative Methods of Procurement
Pritong Kandule wrote:Under the GPP Reso 9-2009 (Sir engrjhez 9-2009 po hindi 9-2010) You could require them to submit the documents or you could check the eligibility through other means, Check kung may capability ung shop na pagbibilhan mo.
This only means halimbawa spareparts or vulcanizing shop for your old rusted vehicle na walang spare tire (hehe joke lang po) tignan mo lang kung may DTI, ask mo kung gano na katagal sa business etc. OTHER MEANS PO pwede under GPPB Reso 9-2009 (j). Bahala ka na sa interpretation po.
sa mga probinsya kasi lalo na doon sa nga liblib na lugar parang di yate kumukuha ng DTI reg cert mga vulcanizing shop. tho one cannot make a mistake of identifying such a shop. And if such a shop exists, you can be sure it will know how to vulcanize your tire

charlie brown- Valued Contributor

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Number of posts: 221
Company/Agency: national government
Occupation/Designation: BAC Chair
Registration date: 2010-01-13
Re: Eligibility Requirements for Alternative Methods of Procurement
siguro justify mo nalang ung circumstances para di ma question.

Ligaw na Binatog- Board Veteran

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Number of posts: 377
Company/Agency: Senado ng Pilipinas
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Re: Eligibility Requirements for Alternative Methods of Procurement
Pritong Kandule wrote:siguro justify mo nalang ung circumstances para di ma question.
ganon na nga. kaya nga sabi ko maganda ang intention to systematize, standardize the process and requirements for all AMP but is also realized it can only apply to some types but not to all.

charlie brown- Valued Contributor

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Number of posts: 221
Company/Agency: national government
Occupation/Designation: BAC Chair
Registration date: 2010-01-13
Re: Eligibility Requirements for Alternative Methods of Procurement
Still the provision under the resolution still calls for ordinary diligence if not extraordinary in pursing with such act of justification of failure to check the eligibility of a seller/bidder.

Ligaw na Binatog- Board Veteran

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Number of posts: 377
Company/Agency: Senado ng Pilipinas
Occupation/Designation: Opisyal na Kawani ng Lehislatura II
Registration date: 2009-10-06
Re: Eligibility Requirements for Alternative Methods of Procurement
Pritong Kandule wrote:Under the GPP Reso 9-2009 (Sir engrjhez 9-2009 po hindi 9-2010) You could require them to submit the documents or you could check the eligibility through other means, Check kung may capability ung shop na pagbibilhan mo.
This only means halimbawa spareparts or vulcanizing shop for your old rusted vehicle na walang spare tire (hehe joke lang po) tignan mo lang kung may DTI, ask mo kung gano na katagal sa business etc. OTHER MEANS PO pwede under GPPB Reso 9-2009 (j). Bahala ka na sa interpretation po.
Thanks for the correction. My post is actually addressing to give a clearer meaning to the terms "submission of relevant documents" and "validation thru other means". Dahil sa case na nasiraan tayo sa daan, the logical step is to get to the nearest shop. We know that under the law (kahit nga ordinance), all business establishment must have pertinent permits and licenses displayed at all times (like DTI, BIR Registration, Mayor's Permit, Sanitary Permit, Certificate of Occupancy, or in the most liblib place, kahit Barangay Permit for Business - ok na siguro - yun basta alam natin na legal ang business and nagbabayad sya ng tax sa government.) We need not ask for it naman di ba? We just look for it. Kung wala sa unang shop, go to the next until we find a decent one.
charlie brown wrote:
sa mga probinsya kasi lalo na doon sa nga liblib na lugar parang di yate kumukuha ng DTI reg cert mga vulcanizing shop. tho one cannot make a mistake of identifying such a shop. And if such a shop exists, you can be sure it will know how to vulcanize your tire
As I've said, all business are under LGUs who collect local taxes. Pero kung masyadong maliit business, kahit siguro Barangay Certificate for Business (kung talagang isolated) would be good enough. Pero kung malaki ang problema natin sa paghahanap ng legal na business (as well as their technical and financial proof), I'll just shoulder the cost of vulcanizing job myself. Anyway, hindi naman siguro aabot ng P100.00 and pa-vulcanize. It wont hurt na siguro, kesa abutin ng syam syam sa pag-reimburse, ha ha!
No offense intended.
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Philippine Government Procurement :: RA 9184 Revised Implementing Rules and Regulations :: Procurement Methods :: Alternative Methods of Procurement
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