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What We Need To Know About R.A. 9184
What We Need To Know About R.A. 9184
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.
▪ 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
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procurement Conference
Conference
Opening of Opening of
Bid Submission Technical Financial
Proposal Proposal
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.
▪ 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
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