Terms and Conditions for the use of Alternative Methods

Section 54. Terms and Conditions for the use of Alternative Methods

54.1. Splitting of Government Contracts is not allowed. Splitting of Government Contracts means the division or breaking up of GoP contracts into smaller quantities and amounts, or dividing contract implementation into artificial phases or sub-contracts for the purpose of evading or circumventing the requirements of law and this IRR, particularly the necessity of competitive bidding and the requirements for the alternative methods of procurement.

For Infrastructure Projects to be implemented by phases, the Procuring Entity shall ensure that there is a clear delineation of work for each phase, which must be usable and structurally sound. It shall also ensure the conduct of the detailed engineering activities for each phase as provided for in Annex “A” of this IRR. (a)

54.2. For alternative methods of procurement, the Procuring Entity may dispense with the advertisement in the newspaper and posting requirement as prescribed in Section

21.2.1 of this IRR.

For the following modalities, however, the BAC, through its Secretariat, shall post the invitation or request for submission of price quotations/proposals in the PhilGEPS website, the website of the Procuring Entity concerned, if available, and at any conspicuous place reserved for this purpose in the premises of the Procuring Entity for

a period of at least three (3) calendar days:

1. Section 49 Limited Source Bidding;

2. Section 52.1(b) Shopping for ordinary office supplies and equipment not available in DBM-PS (for ABC above Fifty Thousand Pesos ( 50,000.00));

3. Section 53.1 Two Failed Biddings;

4. Section 53.9 Small Value Procurement (For ABC above Fifty Thousand Pesos ( 50,000.00)); and

5. Section 53.11 NGO Participation. (a)

54.3. In all instances of alternative methods of procurement, the BAC, through the Secretariat, shall post, for information purposes, the notice of award, contract or purchase order, including notice to proceed if necessary, in the PhilGEPS website, the website of the Procuring Entity concerned, if available, and at any conspicuous place 54.3. In all instances of alternative methods of procurement, the BAC, through the Secretariat, shall post, for information purposes, the notice of award, contract or purchase order, including notice to proceed if necessary, in the PhilGEPS website, the website of the Procuring Entity concerned, if available, and at any conspicuous place

54.4. Except for Limited Source Bidding under Section 49 of this IRR, submission of bid securities may be dispensed with.

54.5. Performance and Warranty Securities.

Performance and/or warranty securities are required for the following alternative methods of procurement, in accordance with Sections 39 and 62 of this IRR:

Alternative Method

Warranty Security of Procurement

Limited Source Bidding  For highly specialized types of goods, WS is

required. Direct Contracting

 Repeat Order

 Two Failed Biddings

  In no case shall WS be

required in the procurement of Consulting Services.

Emergency Cases Procuring Entity may Procuring Entity may require PS depending require WS depending on the nature of the

on the nature of the procurement project. procurement project. However, for

In no case shall WS be

Infrastructure

required in the

Projects, PS is

procurement of

Consulting Services. Take-over of Contracts

required.

  Adjacent/Contiguous

 For Infrastructure Projects, WS is required.

Small Value Procuring Entity may Procuring Entity may Procurement

require PS depending require WS depending on the nature of the

on the nature of the procurement project. procurement project. However, for

In no case shall WS be

Infrastructure

required in the

Projects, PS is

procurement of

required.

Consulting Services.

54.6. Manufacturers, suppliers, distributors, contractors, and/or consultants are mandated to register with PhilGEPS and provide a PhilGEPS Registration Number in the following alternative methods of procurement as a condition for award of the contract:

a. Section 50 - Direct Contracting

b. Section 52.1 (b) - Shopping for Ordinary Office Supplies and Equipment not available in DBM-PS

c. Section 53.3 - Take Over of Contracts (Only for New Bidders, if any.)

d. Section 53.6 - Scientific, Scholarly, or Artistic Work, Exclusive Technology and Media Services d. Section 53.6 - Scientific, Scholarly, or Artistic Work, Exclusive Technology and Media Services

f. Section 53.9 - Small Value Procurement

g. Section 53.10 - Lease of Real Property and Venue

h. Section 53.11 - NGO Participation

For purposes of Limited Source Bidding under Section 49 and Two Failed Biddings under Section 53.1, the BAC shall require the submission of a certificate of PhilGEPS registration in accordance with Section 8.5.2 of this IRR. (a)

54.7. The specific terms, conditions and documentary requirements, including the limitations and restrictions, for the application of each of the alternative methods mentioned in this article shall be provided for in Annex "H" of this IRR and guidelines specifically issued for this purpose. (n)

RULE XVII – PROTEST MECHANISM