Emergency procurement during COVID-19May 14, 2020
The Local Government Academy (LGA) initiated in-depth discussion on the Emergency Procurement under RA 11469 or the Bayanihan to Heal as One Act. With resource person Atty. Melissa A. Santiago-Tan from the Government Procurements Policy Board – Technical Office and participated by Local Chief Executives (LCEs), General Services Officers, and members of the Bids and Awards Committees (BAC) of different Local Government Units (LGUs).
The 17th L!stong Ugnayan, COVID-19 ay Labanan Online Talakayan Series served as the platform in providing the LGUs a better understanding of how to respond and procure supplies needed during the State of National Emergency due to the COVID-19 outbreak in the country.
RA 11469 enacted on March 24, 2020 allows the President to undertake the procurement of goods and services during A State of National Emergency in accordance with the provisions of RA 9184 or the Government Procurement Reform Act.
Published on April 12, 2020 the GPPB Circular No. 01-2020 or the Guidelines for Emergency Procurement (EP) under the Bayanihan Act was approved.
Application of GPPB Circular No. 01-2020
Atty. Tan then explained that the RA 11469 will only be applied for items needed in order to mitigate, if not contain, the transmission of COVID-19, immediately mobilize assistance in the provision of basic necessities to families and individuals affected by the imposition of Community Quarantine.
It is also necessary to undertake measures that will prevent the overburdening of the healthcare system, including procurement of medical tests and treatment medicines for COVID patients, PUIs and PUMs. She added that it is also necessary for programs for recovery and rehabilitation, that is to include a social amelioration program and provision of safety nets to all affected sectors.
Critical services such as utilities, telecommunications, and other critical services in relation to operation of quarantine centers, medical relief and aid distribution centers and temporary medical facilities are also covered under RA 11469.
Procedures for Emergency Procurement
The Procedure for EP under the Bayanihan Act involves the preparation of the Project Name, Approved Budget for the Contract (ABC), Technical Specifications, Scope of Work, or Terms of Reference, Date of Delivery or Implementation, Required Quality, and Other relevant information that the Procuring Entity (PE) might need.
Then the Procuring Entity (PE) shall confirm the budget availability through a document or certification from the Budget Officer or equivalent position showing that there is a budget for that purpose. Also, an update to the Annual Procurement Plan (APP) for approval by the Head of the Procuring Entity (HoPE) or representative, indicating “Emergency Procurement under the Bayanihan Act” as a procurement modality in its updated APP.
The PE shall directly negotiate or procure from a legally, technically, and financially capable supplier, distributor, or cooperative (collectively referred to as supplier without need for a Request for Quotation or any equivalent document. For bidding, the use of video-conferencing, web casting, or any similar technology can also be observed during COVID-10.
The HoPE can delegate the authority to approve the APP and award the contract as well as the authority to directly negotiate or conduct the procurement activities to the End-user unit or any other appropriate bureau committee, support or procuring unit.
Atty. Tan noted that in the case that no supplier can provide the total quantity required after determination through initial market scanning or scoping, PEs are allowed to procure from several sources, and the same shall not be considered as Splitting of Contracts.
The PE shall negotiate for the most advantageous for the government based on the existing price data of the agency, the Department of Trade and Industry, or other relevant agencies. Also the conduct of preliminary market scanning can be done by PE which will show prevailing market prices, and practice. In the case of agricultural products, the market price or the recommended retail price by the local price coordinating council will be considered.
The approved APP shall be posted on the PE’s website and submitted to the GPPB on or before September 30, 2020. The BAC, through its Secretariat, shall post for information processes that Notice of Award (NOA), contract, or purchase order in the website of the PE or if none, any conspicuous place in the premises of the PE and the GPPB Portal for Emergency Procurement under the Bayanihan Act.
The GPPB Portal can be accessed through www.gppbgovph.com. The post of the PE on the online portal must include the Updated APP, Project Name, ABC, Contract Period, Amount of Contract as Awarded, Name of Winning Supplier, NOA, Date of Award and Acceptance, and Contract of Purchase Order.
The transcript, video documentation, and PowerPoint presentation of the said session will be uploaded on LGA’s website for the consumption of the participants and the general public.