GPTK Rev. Ed.

PHYSICAL DESCRIPTION

Size: 6” x 9”
No. of pages: 511
Paper: 60 lbs. bookpaper
Binding:  Smythe perfect
Cover: Foldcote calliper 15, Softbound and Hardbound.
Price: Php 1,000.00 or US$ 21.00 Softbound; Php 1,300.00 or US$ 28.00 Hardbound

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TABLE OF CONTENTS

INTRODUCTION 1

PART ONE

OVERVIEW OF GOVERNMENT PROCUREMENT 25

ANNOTATED PROVISIONS OF R.A. NO. 9184

ARTICLE I. GENERAL PROVISIONS
SEC. 1. Short Title 46
SEC. 2. Declaration of Policy 48
SEC. 3. Governing Principles on Government Procurement 50
SEC. 4. Scope and Application 55
SEC. 5. Definition of Terms 69
SEC. 6. Standardization of Procurement Process and Forms 81

ARTICLE II. PROCUREMENT PLANNING
SEC. 7. Procurement Planning and Budgeting Linkage 84

ARTICLE III. PROCUREMENT BY ELECTRONIC
MEANS
SEC. 8. Procurement By Electronic Means 89
SEC. 9. Security, Integrity and Confidentiality 100
Security, integrity and confidentiality features of the G-EPS, 100.

ARTICLE IV. COMPETITIVE BIDDING
SEC. 10. Competitive Bidding 101
of bidding outweighed by its merits, 104.

ARTICLE V. BIDS AND AWARDS COMMITTEE
SEC. 11. The BAC and its Composition 104
SEC. 12. Functions of the BAC 109
SEC. 13. Observers 113
SEC. 14. BAC Secretariat 125
SEC. 15. Honoraria of BAC Members 127
SEC. 16. Professionalization of BAC, BAC Secretariat and
Technical Working Group Members 134

ARTICLE VI. PREPARATION OF BIDDING DOCUMENTS
SEC. 17. Form and Contents of Bidding Documents 135
SEC. 18. Reference to Brand Names 142
SEC. 19. Access to Information 146

ARTICLE VII. INVITATION TO BID
SEC. 20. Pre-Procurement Conference 148
SEC. 21. Advertising and Contents of the Invitation to Bid 150
SEC. 22. Pre-Bid Conference 154

PART TWO

ARTICLE VIII. RECEIPT AND OPENING OF BIDS
SEC. 23. Eligibility Requirements for the Procurement of
Goods and Infrastructure Projects 158
SEC. 24. Eligibility Requirements and Short Listing for
Consulting Services 186
SEC. 25. Submission and Receipt of Bids 195
SEC. 26. Modification and Withdrawal of Bids 201
SEC. 27. Bid Security 202
SEC. 28. Bid Validity 205
SEC. 29. Bid Opening 206

ARTICLE IX. BID EVALUATION
SEC. 30. Preliminary Examination of Bids 206
SEC. 31. Ceiling for Bid Prices 213
SEC. 32. Bid for the Procurement of Goods and Infra-
structure Projects 216
SEC. 33. Bid Evaluation of Short Listed Bidders for
Consulting Services 220

ARTICLE X. POST-QUALIFICATION
SEC. 34. Objective and Process of Post-qualification 226
SEC. 35. Failure of Bidding 231
SEC. 36. Single Calculated/Rated and Responsive Bid
Submission 233

PART THREE

ARTICLE XI. AWARD, IMPLEMENTATION AND TERMINATION OF THE CONTRACT
SEC. 37. Notice and Execution of Award 236
SEC. 38. Period of Action on Procurement Activities 253
SEC. 39. Performance Security 255
SEC. 40. Failure to Enter into Contract and Post
Performance Security 260
SEC. 41. Reservation Clause 262
SEC. 42. Contract Implementation and Termination 264

ARTICLE XII. DOMESTIC AND FOREIGN PROCUREMENT
SEC. 43. Procurement of Domestic and Foreign Goods 294

ARTICLE XIII BIDDING OF PROVINCIAL PROJECTS
SEC. 44. Bidding of Provincial Projects 303
SEC. 45. Provincial Bidders 304

ARTICLE XIV. LEASE OF COMPUTERS, COMMUNICATIONS, INFORMATION AND OTHER EQUIPMENT
SEC. 46. Lease Contracts 305

ARTICLE XV. DISCLOSURE OF RELATIONS
SEC. 47. Disclosure of Relations 313

ARTICLE XVI. ALTERNATIVE METHODS OF PROCUREMENT
SEC. 48. Alternative Methods 315
SEC. 49. Limited Source Bidding 317
SEC. 50. Direct Contracting 322
SEC. 51. Repeat Order 323
SEC. 52. Shopping 324
SEC. 53. Negotiated Procurement 329
SEC. 54. Terms and Conditions for the use of Alternative Methods 347

PART FOUR

ARTICLE XVII. PROTEST MECHANISM
SEC. 55. Protests on Decisions of the BAC 350
SEC. 56. Resolution of Protests 356
SEC. 57. Non-interruption of the Bidding Process 357
SEC. 58. Resort to Regular Courts; Certiorari 358

ARTICLE XVIII. SETTLEMENT OF DISPUTES
SEC. 59. Arbitration 365
SEC. 60. Appeals 377

ARTICLE XIX. CONTRACT PRICES AND WARRANTIES
SEC. 61. Contract Prices 378
SEC. 62. Warranty 381

ARTICLE XX. THE GOVERNMENT PROCUREMENT POL-ICY BOARD
SEC. 63. Organization and Functions 387
SEC. 64. Membership 391

ARTICLE XXI. PENAL CLAUSE
SEC. 65. Offenses and Penalties 392
SEC. 66. Jurisiction 409

ARTICLE XXII. CIVIL LIABILITY
SEC. 67. Civil Liability in Case of Conviction 410
SEC. 68. Liquidated Damages 418

ARTICLE XXIII. ADMINISTRATIVE SANCTIONS
SEC. 69. Imposition of Administrative Penalties 420
SEC. 70. Preventive Suspension 428
SEC. 71. Lifting of Suspension and Removal of Adminis-
trative Disabilities 431

ARTICLE XXIV. LEGAL ASSISTANCE AND INDEMNIFICATION OF BAC MEMBERS
SEC. 72. Private Legal Assistance 433
SEC. 73. Indemnification of BAC Members 436

ARTICLE XXV. FINAL PROVISIONS
SEC. 74. Oversight Committee 439
SEC. 75. Implementing Rules and Regulation and
Standard Forms 448
SEC. 76. Repealing Clause 450
SEC. 77. Separability Clause 454
Provision under Sec. 76 of the Rev. IRR, 454.
SEC. 78. Effectivity Clause 454

APPENDICES
A Detailed Engineering for the Procurement of
Infrastructure Projects 457
B General Principles of Consulting Services 461
C Period of Action on Procurement Activities 467
D Contract Implementation Guidelines for
the Procurement of Goods, Supplies and
Materials 472
E Contract Implementation Guidelines for the
Procurement of Infrastructure Projects 476
F Contract Implementation Guidelines for the
Procurement of Consulting Services 487
G Guidelines for the Procurement and Implementation
of Contracts for Design and Build Infrastructure
Projects 488
H Thresholds for Shopping and Small Value Procurement 500

ADDITIONAL INDICES IN ELECTONIC FORMAT IN THE CD-ROM ATTACHED TO EVERY COPY OF THIS BOOK.

I Procurement Laws & Executive Orders
J Government Procurement Policy Board Issuances
K. Commission on Audit Issuances on Procurement
L. Other Government Agencies Issuances on Procurement
M. World Bank Guidelines on Procurement
N. Asian Development Bank Guidelines for Procurement
O. European Union Procurement Guidelines

INDEX 502

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