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WHAT WE NEED TO KNOW ABOUT R.A.

9184
REPUBLIC ACT 9184
Government Procurement Reform Act
▪ The Republic Act 9184, also known as the “Government
Procurement Act” prescribes the necessary rules and regulations
for the modernization, standardization and regulation of the
procurement activities of the Government of the Philippines.

▪ An act providing for the Modernization, Regulation and


Standardization of the Procurement Activities of the Government
and for other purposes
▪ Republic Act 9184 was signed
into law by former President
Gloria Macapagal-Arroyo on
January 10, 2003, and was
published on January 11, 2003. It
took effect on January 26, 2003,
fifteen days after its publication.
Definition of Terms
▪ Procurement
▪ refers to the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring Entity.

▪ Bid
▪ refers to a signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in response to the
Bidding Documents.

▪ Bidding Documents
▪ refers to documents issued by the Procuring Entity as the basis for
Bids, furnishing all information necessary for a prospective bidder to
prepare a bid for the Goods, Infrastructure Projects, and Consulting
Services to be provided.
▪ Approved Budget for the Contract (ABC)
 refers to the budget for the contract duly approved by the Head of the
Procuring Entity.

▪ BAC
 refers to the Bids and Awards Committee established in accordance
with Article V of this Act.

▪ Bid
 refers to a signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in response to
the Bidding Documents.
Bidding Process
Pre- Pre-bid
Advertisement
procurement Conference
Conference

Opening of Opening of
Bid Submission Technical Financial
Proposal Proposal

Bid Evaluation Post- Contact Award


qualification
Principles of
Government
Procurement
Competitiveness

Accountability Transparency
Government
Procurement

Streamlined Public
process monitoring
▪ Transparency
 Wide dissemination of bid opportunities and the participation of pertinent
non-government organizations.
 Proper documentation and maintenance of records

▪ Competitiveness
▪ Public bidding; alternative methods of procurement must only be resorted to
when competitive bidding is not a feasible option.

▪ Streamlining & use of Technology in Procurement


 Must be simple and made adaptable to advances in modern technology in
order to ensure an effective and efficient method.
▪ Accountability
 Public officials directly or indirectly involved in the procurement process are
responsible and liable for their actions.

▪ Public Monitoring
▪ Reports submission to GPPB; observers from NGOs, Pos and other public
sectors.
Procurement
process flow
End-users PPMP Reviewed by TWG
and Budget Officer

Recommend
ed by Vice Delivered goods shall
President be accepted by the PR APP
and approved Supply Office
by HOPE

End-users
BAC Organization
BAC Organization
▪ Composition
 The BAC shall have at least five members but not more than seven members.

▪ Responsibilities
 Recommend method of procurement
 Create TWG
 Advertise/Post Invitation to Bid
 Eligibility check
 Receive and Open Bids
 Post-Qualification
 Resolve motions of reconsideration
 Recommend Award of Contract
 Recommend Imposition of Sanctions
BAC Organization
▪ TWG created by the BAC from a pool of Technical
financial and/or legal experts.

▪ Responsibilities of TWG
 Assist BAC in preparing bidding documents
 Assist BAC in eligibility check/short-listing
 Assist BAC in bid evaluation and preparations of reports
 Assist BAC in post-qualification and prepare the post-qualification report
 Assist BAC and BAC secretariat prepare Resolution Recommending Award,
with regard to technical aspects.
BAC Organizational Structure
HOPE

BIDS AND OBSERVERS


AWARDS
COMMITTEE 1 COA
1 NGO
TWG Chairman 1 Private sector
Vice-chairman
5 members

BAC Secretariat

PROCUREMENT UNITS
(End Users)
Penal clause
Penal clause
▪ Offenses
 Any public officers and private individual committed any acts or violations
as provided in rule XXI of R.A. 9184

▪ Penalties
 Not less than 6 years and one day but not more than 15 years – imprisonment

▪ Cover all types of procurement whether than


manually or electronically

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