GOVERNMENT PROCUREMENT

ACT (R.A. 9184)

BEDONIA – ORBISO - PEGAROM
WHAT IS PROCUREMENT?

pro·cure·ment
prəˈkyo͝ormənt/
noun
the action of obtaining or procuring something.
"financial assistance for the procurement of legal advice"
the action or occupation of acquiring military equipment
and supplies.
"defense procurement"
“An Act providing for the Modernization, Regulation and
Standardization of the Procurement Activities of the
Government and for other Purposes”
 Scope and Applications

Must be used for all procurement activities by the

Government of the Philippines and all its branches and
instrumentalities including GOCCs, GFIs, SUCs, LGUs.

It shall apply to the procurement of goods and services,

infrastructure projects, and consulting services,
regardless of source of funds, whether local or foreign.
 Transparency
O wide dissemination of bid
opportunities and the participation of
pertinent non-government organizations.
O Proper documentation and
maintenance of records
Competitiveness
O Public Bidding; alternative methods
of procurement must only be resorted to
when competitive bidding is not a
feasible option
Streamlining and use of technology in
procurement
O must be simple and made adaptable
to advances in modern technology in
order to ensure an effective and efficient
method
System of Accountability
O Public officials directly or indirectly
involved in the procurement process are
responsible and liable for their actions
relative thereto
Public Monitoring
O Reports submission to GPPB;
observers from NGOs, POs and other
public and private sectors
Composition
o The BAC shall have at least
FIVE (5) MEMBERS, but not more than SEVEN
(7) MEMBERS

Responsibilities
o Recommend Method of Procurement
o Create TWG
o Advertise/Post Invitation to Bid
o Pre-Procurement & Pre-Bid Conferences
o Eligibility Check
o Receive & Open Bids
o Evaluate Bids (with assistance of TWG)
o Post-Qualification
o Resolve Motions for Reconsideration
o Recommend Award of Contract
o Recommend Imposition of Sanctions
 TWG created by the BAC from a pool of technical,
financial and/or legal experts.
Responsibilities of the TWG:
o Assist BAC in preparing bidding documents
o Assist BAC in eligibility check/short-listing
o Assist BAC in bid evaluation and preparation
of reports
o Assist BAC in post-qualification and prepare
the post qualification summary report
o Assist BAC and BAC Secretariat prepare
Resolution Recommending Award, with regard
to technical aspect, if necessary

Head of the Procuring Entity (HOPE)

–the head of the Agency.
 All procurement should be within the approved budget of the
procuring entity and should be meticulously and judiciously
planned by the procuring entity concerned.

 No government procurement shall be undertaken unless it is in

accordance with an approved Annual Procurement Plan (APP)

 Annual Procurement Plan (APP)

o it is a consolidation of all Procurement Project Management
Plans (PPMP) for a procuring entity that is scheduled for
procurement for a calendar year.
 Approved Budget for the Contract (ABC)

o Refers to budget for the contract duly approved by the

Head of the Procuring Entity

o Approved Budget is CEILING for bid prices

o Invitation to Bid should specify the APPROVED BUDGET for the

contract and the source of funding

o In determining ABC, consider:

 Appropriation for the project/procurement
 Market price
 Inflation and cost of money directly related to the
timetable
Procurement Project Management Plan

o it is a procurement plan for goods, infrastructure

projects and consulting services

o shall specify the type of contract to be employed, extent/size of

contract, scope/packages, the procurement methods to be adapted,
(indicating if the procurement task is to be “outsourced”), time
schedule for each procurement activity and the estimated Budget for
each procurement.

o The preparation and updating of the PPMPs shall be the

responsibility of the respective Project Management Offices (PMOs)
or end-user units of the procuring entities.
 Annual Procurement Plan (APP) should consider the following factors:

1. The APP should include all procurement activities planned for

the year
2. The APP shall include only those procurements that are
considered crucial to the efficient discharge of governmental
functions
3. The APP shall include provisions for foreseeable emergencies
based on historical records
4. It is paramount that project implementation timelines are met

A review and updating of the individual PPMPs and the APP

shall be done regularly, at least once every six months or as
often as necessary.
 End-users

Recommended by
Reviewed by
PPMP Vice President and
TWG and Budget
(with Tech. Specs approved by the
and
Officer
HOPE
Estimates)

APP
Consolidated
Delivered goods
End User
shall be accepted
by the Supply
PR by the BAC

Office
Purchase Request based on
APP timelines
*c.d. = calendar days

*
1. Difference in calendar days between Pre-bid Conference and the Submission and Opening
of Bids is less than twelve (12) calendar days
The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the
submission and receipt of bids, or in case a longer period for the preparation of bids is necessary,
pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the
submission and receipt of bids.

The identified timeline between the pre-bid conference and the day of the opening of bids must be
complied with to allow the prospective bidders to study and review the requirement of the
Entity, and for them to be able to submit a responsive bid.

2. Legality of stopping the issuance of bid documents before the pre-bid conference
[T]he issuance or sale of the bidding documents should not be stopped or withheld before the pre-
bid conference, but should continue, without any interruption, from the time the Invitation to Bid is
first advertised/posted until the deadline for the submission and receipt of bids in accordance with
Section 17.3 of the IRR of RA 9184.
Offenses
o Any Public Officers and Private Individual
committed any acts or violations as provided in
Rule XXI of RA 9184

Penalties:
o Not less than 6 years and one (1) day but not
more fifteen (15) years -- imprisonment

Cover all types of procurement whether than

manually or electronically