RA 9184 Government Procurement reform Act and its Implementing Rules and Regulation (Notes)

I. GENERAL PROVISIONS

 Section 3: GOVERNING PRINCIPLES ON GOVERNMENT PROCUREMENT

1. Public monitoring of the procurement process and the implementation of awarded contracts.
2. System of Accountability where both the public officials directly or indirectly involved in the
procurement process as well as in the implementation of procurement contracts and the private
parties that deal with GoP.
3. Competitiveness by extending equal opportunity to enable private contracting parties who are
eligible and qualified to participate in competitive bidding.
4. Transparency in the procurement process and in the implementation of procurement contracts
through wide dissemination of bid opportunities and participation of pertinent non-government
organizations.
5. Streamlined procurement process that will uniformly apply to all government procurement.

 Section 4: SCOPE AND COVERAGE

RA 9184 applies to all branches and/or instrumentalities of the government:
1. National Government Agencies (NGAs)
2. State Universities and Colleges (SUCs)
3. Government Owned or Controlled Corporation (GOCCs)
4. Government Financial Institutions (GFIs)
5. Local Government Units (LGUs)

 It shall apply to all procurement activities involving:

1. Good and Services: Refer to all items, supplies, materials and general support services, except
Consulting Services and infrastructure projects which may be needed in the transaction of public
businesses or in the pursuit of any government undertaking, project or activity, whether in the
nature of equipment, furniture, stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services, such as, the repair and maintenance of
equipment and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by the Procuring
Entity for such services. The term “related” or “analogous services” shall include, but is not
limited to, lease of office space, media advertisements, health maintenance services, and other
services essential to the operation of the Procuring Entity.
2. Infrastructure Projects. Include the construction, improvement, rehabilitation, demolition,
repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities and others. the term “Infrastructure Projects” shall have the same
meaning as, and shall be used interchangeably with, “civil works” or “works.”
3. Consulting Services. Refer to services for infrastructure projects and other types of projects or
activities of the GoP requiring adequate external technical and professional expertise that are
beyond the capability and/or capacity of the GoP to undertake such as, but not limited to: (i)
advisory and review services; (ii) preinvestment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical services
or special studies. General principles on Consulting Services are provided for in Annex “B” of this
IRR.
  RA 9184 also applicable to the following:
1. All FULLY DOMESTICALLY FUNDED procurement activities
2. All FOREIGN-FUNDED PROCUREMENT activities, unless otherwise provided in a treaty or
international / executive agreement
3. As may be AGREEN UPON by the GOP and IFI (International Financing Institution) in their treaty
or executive agreement
 Projects funded from foreign grants
 Projects for International Competitive Bidding
 Consulting Services for National Competitive Bidding

EXCEPTIONS/NOT PROCUREMENT ACTIVITIES UNDER RA 9184:

1. Procurement of Goods, Infrastructure Projects and Consulting Services funded from Foreign
Grants covered by R.A. 8182, as amended by R.A. 8555, entitled “An Act Excluding Official
Development Assistance (ODA) from the Foreign Debt Limit in order to Facilitate the Absorption
and Optimize the Utilization of ODA Resources, Amending for the Purpose Paragraph 1, Section
2 of R.A. 4860, As Amended,” unless the GoP and the foreign grantor/foreign or international
financing institution agree otherwise;
2. Acquisition of real property which shall be governed by R.A. 107523 , entitled “An Act
Facilitating the Acquisition of Right-Of-Way Site or Location for National Government
Infrastructure Projects,” and other applicable laws, rules and regulations; and
3. Public-Private sector infrastructure or development projects and other procurement covered by
R.A. 6957, as amended by R.A. 7718, entitled “An Act Authorizing the Financing, Construction,
Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other
Purposes,” as amended: Provided, however, That for the portions financed by the GoP, in whole
or in part, the provisions of the Act and this IRR shall apply.
4. Direct financial or material assistance given to beneficiaries in accordance with the existing laws,
rules and regulations, and subject to the guidelines of the concerned agency
5. Participation in local or foreign scholarships, trainings, continuing education, conferences,
seminars or similar activities that shall be governed by applicable COA, CSC, and DBM rules;
6. Lease of government-owned property as lessor for private use;
7. Hiring of Job Order Workers;
8. Joint Venture under the revised NEDA Guidelines (GOCC and Private Entities), and Joint Venture
Agreements by LGU with Private entities; and
9. Disposal of Property and Other Assets of the Government
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED)

WHO ARE COVERED

1. Public Officers (Sec. 3);
2. Private Individuals (Sec. 4);
3. Certain Relatives (Sec. 5);
4. Members of the Congress (Sec. 6);

CORRUPT PRACTICES OF PUBLIC OFFICERS

A.
1. Persuading, inducing or influencing another public officer to:
a. perform an act constituting a violation of rules and regulations duly promulgated by
competent authority or
b. an offense in connection with the official duties of the latter,
2. Allowing himself to be persuaded, induced, or influenced to commit such violation or offense
NOTE: The accused must have acted for a consideration and had intended to obtain personal gain or
advantage.

(B) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to intervene under
the law.
NOTE: Public officer liable under Sec. 3(b) are those, who in his official capacity, has to intervene under
the law in any contract or transaction between the Government and any other party.

ELEMENTS:
1. The offender is a public officer;
2. He requested and/or received, directly or indirectly, a gift, present or consideration;
3. The gift, present or consideration was for the benefit of the said public officer or for any other
person;
4. It was requested and/or received in connection with a contract or transaction with the
Government; and
5. The public officer has the right to intervene in such contract or transaction in his official
capacity.

C) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit,
for himself or for another, from any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section 13.
ELEMENTS:
1. The accused is a public officer;
2. That in any manner or capacity he secured or obtained, or would secure or obtain, for a person
any government permit or license;
3. That he directly or indirectly requested or received from said person any gift, present or other
pecuniary or material bene t for himself or for another; and
4. That he requested or received the gift, present or other pecuniary or material benefit in
consideration for the help given or to be given. (Tecson vs. Sandiganbayan).
(D) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
ELEMENTS:
1. The public officer accepted, or having any of his family member accept any employment in a
private enterprise;
2. Such private enterprise has a pending official business with the public officer; and
3. It was accepted during:
a. The pendency thereof; or
b. Within 1 year after its termination.

(E) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence.

This provision shall apply to officers and employees of offices or government corporations charged with
the grant of licenses or permits or other concessions.

NOTE: The last sentence of Sec. 3 does not make a distinction, it merely emphasized that officers and
employees included are covered. The provision applies to any public officer.

ELEMENTS:
1. The accused must be a public officer discharging administrative, judicial or official functions;
2. He must have acted with manifest partiality, evident bad faith or inexcusable negligence; and
3. That his action caused any undue injury to any party, including the government;
4. That such injury is caused by giving unwarranted benefits, advantage or preference to such
parties; and
5. That the public officers have acted with manifest partiality, evident bad faith or gross
inexcusable negligence.

F) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any
other interested party.

ELEMENTS:
1. Offender is a public officer;
2. Public officer neglected or refused to act without sufficient justification after due demand or
request has been made on him;
3. Reasonable time has elapsed from such demand or request without the public officer having
acted on the matter pending before him; and
4. Such failure to act is for the purpose of:
a. Obtaining (directly or indirectly) from any person interested in the matter some pecuniary
or material benefit or advantage;
b. Favoring his own interest; or
c. Giving undue advantage in favor of; or
d. Discriminating against any other interested party
(G) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
ELEMENTS :
1. accused is a public officer;
2. The public officer entered into a contract or transaction on behalf of the government; and
3. Such contract or transaction is grossly and manifestly disadvantageous to the government.

(H) Director or indirectly having financing or pecuniary interest in any business, contract or transaction
in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any interest.
NOTE: There are two modes of violating 3(h):

ELEMENTS OF 1ST MODE OF 3(H):

1. The accused is a public officer;
2. He has a direct or indirect financial or pecuniary interest in any business, contract, or
transaction, whether or not prohibited by law; and
3. He intervenes or takes part in his official capacity in connection with such interest.

ELEMENTS OF 2ND MODE OF 3(H)

1. The accused is a public officer;
2. He has a direct or indirect financial or pecuniary interest in any business, contract or transaction;
3. He is prohibited from having such interest by the Constitution or any law

(I) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group. Interest for personal gain shall be presumed against
those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.

(J) Knowingly approving or granting any license, permit, privilege or benefit in favor of:
1. any person not qualified for or not legally entitled to such license, permit, privilege or
2. advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
(K) 1. Divulging valuable information of:
a. confidential character
b. acquired by his office or by him on account of his official position to unauthorized persons,
or
2. Releasing such information in advance of its authorized release date. (Sec. 3, RA 3019)