Mark Real R.

Jubilo
CE – 5

RA 9184

RA 9184 was designed to cover the government needs to purchase,

constructs or provide. RA 9184 consist of different rules and regulation. It
covers acquisition of goods, consulting services and infrastructure projects. It
ensures that the people of the Republic of the Philippines will be provided with
quality services. R.A. No. 9184 was approved on January 10, 2003 and took effect fifteen
days after its publication in the Official Gazette or in two newspapers of general
circulation. It applies to the Procurement of Infrastructure Projects, Goods and
Consulting Services, regardless of source of funds, whether local or foreign, by all
branches and instrumentalities of government, its departments, offices and agencies,
including government-owned and/or-controlled corporations and local government
units, subject to the provisions of Commonwealth Act No. 138.

This act is composed of 25 articles and 78 sections. Article I consists of general

provisions of the law including its Short Title, Declaration of Policy, Governing
Principles on Government Procurement, Scope and Application, Definition of Terms,
and Standardization of Procurement Process and Forms. Article II of the same law
provides guidelines for the Procurement Planning, while Article III pertains to the
Procurement by Electronic Means wherein a single portal that is considered as the
primary source of information on all government procurement called the Government
Electronic Procurement System (G-EPS) is provided. The G-EPS includes feature that
provides for an audit trail for on-line transactions and allow the Commission on Audit to
verify the security and integrity of the systems at any time. Article IV of the law concerns
the Competitive Bidding. Article V of the law is about the Bids and Awards Committee
(BAC) and consists of provisions on the BAC and its Composition, Functions of the BAC,
Observers, BAC Secretariat, BAC Secretariat, and Professionalization of BAC, BAC
Secretariat and Technical Working Group Members.

Articles VI to XI refer to provisions relative to bidding. These articles comprise of

provisions about Preparation of Bidding Documents, Invitation to Bid, Receipt and
Opening of Bids, Bid Evaluation, Post-Qualification, and Award, Implementation and
Termination of the Contract.
Mark Real R. Jubilo
CE – 5

This Act is also composed of Articles on Bidding of Provincial Projects (Article

XIII), Lease of Computers, Communications, Information and other Equipment (Article
XIV), Disclosure of Relations (Article XV), Alternative Methods of Procurement (Article
XVI), Post Mechanism (Article XVII), Settlement of Disputes (Article XVIII), Contract
Prices and Warranties (Article XIX), The Government Procurement Policy Board
(Article XX), Penal Clause (Article XXI), Civil Liability (Article XXII), Administrative
Sanctions (Article XXIII), Legal Assistance and Indemnification of BAC Members
(Article XXIV), and Final Provisions (Article XXV).

Opening of any sealed Bid including but not limited to Bids that may have been
submitted through the electronic system and any and all documents required to be
sealed or divulging their contents, prior to the appointed time for the public opening of
Bids or other documents. Delaying, without justifiable cause, the screening for
eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of
contracts beyond the prescribed periods of Bids or other documents. Unduly influencing
or exerting undue pressure on any member of the BAC or any officer or employee of the
procuring entity to take a particular bidder. Splitting of contracts which exceed
procedural purchase limits and competitive bidding. When the head of the agency
abuses the exercise of his power to reject any and all bids as mentioned under Section 41
of this Act with manifest preference to any bidder who is closely related to him in
accordance with Section 47 of this Act.