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PBD specific for bidding of reforestation projects in DENR

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PBD specific for bidding of reforestation projects in DENR

Post by fe a. araya on Sun Aug 22, 2010 1:30 pm

Pursuant to the IRR, procurement activities are categorized for Goods/Services, Civil Works and Consultancy. In DENR (specifically in R-5) most of the procurement for bidding are for reforestation projects of our office with Capital Outlay as our fund source. This includes, Protection & Maintenance of Existing Plantations, Upland Refo Projects, Assisted Natural REgeneration/Enhancementbo Proj, Mangrove REforestation, BAmboo REhab Stabilization Proj. Plantation Establishment Upland REfor. Projects, Estab. of Forest Nurseries with Seedling Production, etc. But looking at the categories mentioned above, it seems our projects do not fall in any of them. However, at the moment (with advice from COA ) we are using the PBD for Civil Works. But since we are not allowed to change the General provisions in the Instructions to Bidders and General Conditions of the Contract what we do is just give specific instructions in the Elig./Bid Data Sheets applicable to the project in clauses where we are allowed options, such as "as prescribed in BDS or SCC. Other clauses remain as is.

Can the DENR have a separate PBD for this project aside from the approved Manual of Procurement specifically for DENR? Am sure other agencies have projects which likewise do not fall under the three (3) categories mentioned.
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Re: PBD specific for bidding of reforestation projects in DENR

Post by RDV @ GP3i on Mon Aug 23, 2010 11:02 am

fe a. araya wrote:Pursuant to the IRR, procurement activities are categorized for Goods/Services, Civil Works and Consultancy. In DENR (specifically in R-5) most of the procurement for bidding are for reforestation projects of our office with Capital Outlay as our fund source. This includes, Protection & Maintenance of Existing Plantations, Upland Refo Projects, Assisted Natural REgeneration/Enhancementbo Proj, Mangrove REforestation, BAmboo REhab Stabilization Proj. Plantation Establishment Upland REfor. Projects, Estab. of Forest Nurseries with Seedling Production, etc. But looking at the categories mentioned above, it seems our projects do not fall in any of them. However, at the moment (with advice from COA ) we are using the PBD for Civil Works. But since we are not allowed to change the General provisions in the Instructions to Bidders and General Conditions of the Contract what we do is just give specific instructions in the Elig./Bid Data Sheets applicable to the project in clauses where we are allowed options, such as "as prescribed in BDS or SCC. Other clauses remain as is.

Can the DENR have a separate PBD for this project aside from the approved Manual of Procurement specifically for DENR? Am sure other agencies have projects which likewise do not fall under the three (3) categories mentioned.

You cannot have separate PBDs for those projects. The "uniqueness" of the projects should have been considered when the DENR's Customized Procurement Manual was developed so that the Regional Offices/PENROs/CENROs would have been properly guided whether to consider any of those as procurement of Goods, or Infra, or Consulting Services.

While the fund source is Capital Outlay, it should not necessarily mean that you should consider the projects as Procurement of Infra. It is possible also that any of those projects would contain a mix of both Goods and Services, and Infrastructure Projects. In case of mixed procurement, you have to "determine the primary purpose of contract". If the primary purpose is procurement of Goods and Services, although the project may have a civil works component, you will have to procure the same using the PBDs for Goods and using the procurement process and requirements for Goods and Services.

My problem with the COA suggestion of using the PBDs for Infra is that one of the basic requirement for eligibility for Infra is that the bidder should have a valid PCAB license. Do you need a licensed contractor for your reforestation projects or for the other projects? I bet you don't.
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PBD for Refo Projects in DENR

Post by fe a. araya on Mon Aug 23, 2010 1:15 pm

Thanks RDV. Your advice and comment is well taken. Precisely, the DENR management should have consider this "uniqueness" when they prepared the DENR Manual of Procurement. As regards the requirement of PCAB license, it is indicated in the BDS (for clause 12.1 (a)(iv) that in lieu of valid PCAB license and registration, a valid/updated DENR Accreditation shall be required together with other eligibility documents.
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Re: PBD specific for bidding of reforestation projects in DENR

Post by RDV @ GP3i on Mon Aug 23, 2010 4:17 pm

fe a. araya wrote:Thanks RDV. Your advice and comment is well taken. Precisely, the DENR management should have consider this "uniqueness" when they prepared the DENR Manual of Procurement. As regards the requirement of PCAB license, it is indicated in the BDS (for clause 12.1 (a)(iv) that in lieu of valid PCAB license and registration, a valid/updated DENR Accreditation shall be required together with other eligibility documents.

Welcome, ms fe.

Regarding your BDS clause that instead of a valid PCAB license and registration, a valid/updated DENR Accreditation shall be required, I don't think that would be consistent with the IRR provision, because the eligibility (Class A) requirements are fixed also. You cannot substitute, add, or reduce the requirements as indicated. It would already be in violation of Sec. 23.1 of the IRR because it is mandatory that you require the documents indicated. The provision uses the words "only" and "shall" which give mandatory character to the provision.
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PBD specific for bidding of reforestation projects in DENR

Post by fe a. araya on Mon Aug 23, 2010 11:09 pm

Now, am already confused and medyo kinabahan because of that "violation". But we cannot require them to submit PCAB license since it is not applicable to the project. I remember sometime last year I tried to make a query with the gppb (thru phone) regarding this problem. I was advised to write officially the gppb but I got so busy then I was not able to discuss it with our BAC Chairman. But now we have to do that advice perhaps to clear matters so we will not be violating provisions of the IRR

Thanks sir RDV.
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Re: PBD specific for bidding of reforestation projects in DENR

Post by RDV @ GP3i on Tue Aug 24, 2010 10:48 am

fe a. araya wrote: Now, am already confused and medyo kinabahan because of that "violation". But we cannot require them to submit PCAB license since it is not applicable to the project. I remember sometime last year I tried to make a query with the gppb (thru phone) regarding this problem. I was advised to write officially the gppb but I got so busy then I was not able to discuss it with our BAC Chairman. But now we have to do that advice perhaps to clear matters so we will not be violating provisions of the IRR

Thanks sir RDV.

Exactly, you cannot require a PCAB license because "it is not applicable to the project" or the main purpose of the project is not really procurement of civil works/infra.

Most of your projects would actually fall under procurement of Goods and Services. If those projects would contain a civil works component, aside from Goods and Services, you can still consider it procurement of Goods. As to the infra component, you can allow the winning bidder to sub-contract that portion (which should not be more than 50% of the contract amount) to a (PCAB) licensed civil works contractor.
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