RA 9184 - Including general support services needed in the
transaction of public businesses or in the pursuit of
Legal Background
Procurement Laws/Rules include:
1. GPRA • Signed on January 10, 2003 • Published on
January 11, 2003 • Took effect on January 26,
2003
2. GPRA Implementing Rules and Regulations; •
Latest update is 2016 IRR with updates on January
2023
3. Executive Issuances; • Like Administrative Order
No. 17, July 28, 2011, or “Directing the Use of the
Procurement Service and the Philippine
Government Electronic Procurement System in the
Procurement Activities in Accordance with the
Republic Act No. 9184, and Improving the
Operation of the Procurement Service”
4. Government Procurement Policy Board Issuances;
• Non-policy Matters • Policy Opinions
5. Supreme Court Rulings; and • Jacomile vs. Abaya •
DBM-PS vs. Kolonwel Trading
6. Other issuances of government authorities
Features of GPRA
- Uniform rules for all agencies
- Increased transparency in procurement process
- Public Bidding
- Approved budget for the contract
- Use of transparent and objective non-discretionary
criteria
- Inclusion of penal and administrative liabilities
Governing Principles
P-A-C-T-S
- Public Monitoring
- Accountability as a System
- Competitiveness
- Transparency
- Streamlined procurement process
Applicability
There are two (2) important elements to be considered
in determining whether an activity is procurement that is
covered by RA 9184 and its IRR, thus:
- The activity involves the acquisition of goods,
consulting services, and the contracting for
infrastructure projects; and
- Public funds are utilized or is contemplated to be
spent.
Goods - All items, supplies and materials
any government undertaking, project or activity
whether in the nature of equipment, furniture,
stationery, materials or construction, personal
property, including nonpersonal or contractual
services, such as:
o repair and maintenance of equipment and
furniture
o trucking, hauling, janitorial and security
and other related and analogous services.
Infrastructure projects - Refer to construction, improvement,
demolition, rehabilitation, repair, restoration or maintenance
of civil works components of :
- IT projects
- Irrigation
- flood control and drainage
- water supply
- sanitation, sewerage and solid waste management
- national buildings, hospital buildings, and other
related constructions projects of the Government.
Consulting services - Refer to services for Infrastructure
Projects and other types of projects or activities of the
Government requiring adequate external technical and
professional expertise that are beyond the capability and/or
capacity of the Government to undertake such as, but not
limited to:
- advisory and review services;
- pre-investment or feasibility studies;
- design; ➢construction supervision;
- management and related services; and
- other technical services or special studies.
What is MIXED PROCUREMENT? In case of projects
involving mixed procurements, the nature of the
procurement, shall be determined based on the primary
purpose of the contract.
Covered Entities/Agencies
- National government agencies
- Government-owned and/or controlled corporations
- Local government units
Concept of Total Cost of Ownership
The true cost of an item is its purchase price, plus
fixed, variable, and overhead costs.
Bidding Documents -Refer to the 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/or Consulting personnel and officials and consultants from the
Services required by the Procuring Entity. private sector and academe with proven expertise
on the sourcing of goods, works or consulting
Head of the Procuring Entity – Refers to: services. (GPPB Resolution No. 07-2012, GPPB
- head of the agency or body, or his duly authorized Circular No. 02-2012)
official (for NGAs and the constitutional - BAC may create separate TWGs to handle different
commissions or offices, and other branches of procurements.
government;
- governing board or its duly authorized official (for Alternative Methods of Procurement
GOCCs, GFIs, and SUCs); or 1. Limited Source Bidding;
- local chief executive (for LGUs) 2. Direct Contracting;
3. RepeatOrder;
In an agency, department, or office where the 4. Shopping; and
procurement is decentralized, the head of each 5. Negotiated Procurement
decentralized unit shall be considered as the HoPE, subject
to the limitations and authority delegated by the head of the Negotiated Procurement
agency, department, or office. 1. Two Failed Biddings
2. Emergency Cases
Functions: 3. Take-overofContracts
1. Establishes BAC and appoints its members; 4. Adjacent or Contiguous
a. Ensures that BAC members give their 5. Agency-to-Agency
utmost priority to duties; and 6. Scientific, Scholarly or Artistic Work, Exclusive
b. Ensures professionalization of members of Technology and Media Services
the procurement organization. 7. Highly Technical Consultants
2. Approves the Annual Procurement Plan (APP); 8. Defense Cooperation Agreement
3. Approves/Disapproves the Contract Award; and 9. Small Value Procurement
4. Resolves Protests. 10. Lease of Real Property and Venue
11. NGO Participation
Bids and Awards Committee 12. Community Participation
Each agency has to have a single BAC. However, 13. UN Agencies, IO or IFI
to expedite the procurement process for practical intents and 14. Direct Retail Purchase of POL Products, Airline
purposes, the HOPE may create separate BACs where the Tickets and Online Subscription
number and complexity of the items to be procured shall so 15. Protest Mechanism
warrant. The BACs may be organized either according to: a.
geographical location of PMO or end-user or implementing What is a Request for Reconsideration?
units of the Procuring Entity; or b. nature of procurement. It is an action available to an aggrieved party
against any decision of the BAC at any stage of the
Technical Working Group procurement process.
- created by the BAC from a pool of legal, technical
and financial experts. When is it filed?
- those experts outside the procuring entity A request for reconsideration is filed within three (3)
concerned may be included, i.e. government calendar days upon receipt of written or upon verbal
personnel and officials and consultants from the notification.
private sector and academe with proven expertise
on the sourcing of goods, works or consulting
services. (GPPB Resolution No. 07-2012, GPPB
Circular No. 02-2012)
- BAC may create separate TWGs to handle different When should the BAC resolve the Request for
procurements. Reconsideration?
- The TWG is created by the BAC from a pool of The BAC shall decide on the Request for
legal, technical and financial experts. Reconsideration within seven (7) calendar days from receipt
- Those experts outside the procuring entity thereof
concerned may be included, i.e. government
What is the remedy available to the aggrieved party is the
Request for Reconsideration is denied by the BAC?
The aggrieved party may file a Protest before the
Head of the Procuring Entity
What is a Protest?
A Protest is an action by an aggrieved party in the
event that the Request for Reconsideration is denied
When is a Protest filed?
A Protest may be filed within seven (7) calendar
days from receipt by the party concerned of the resolution of
the BAC denying its Request for Reconsideration
What are the requirements in filing a Protest?
A Protest may be filed by filing a verified position
paper accompanied by the payment of a non-refundable
protest fee.
The bidder shall likewise certify under oath that:
a. he has not theretofore commenced any action or
filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the
best of his knowledge, no such other action or claim
is pending therein;
b. if there is such other pending action or claim, he is
including a complete statement of the present
status thereof; and
c. if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall
report that fact within five (5) days therefrom to the
HoPE wherein his protest is filed
What is a verified position paper?
The position paper is verified by an affidavit that the
affiant has read and understood the contents thereof and
that the allegations therein are true and correct of his
personal knowledge or based on authentic records.
What if a Protest is not verified?
An unverified position paper shall be considered
unsigned, produces no legal effect, and results to the
outright dismissal of a Protest
What should a Protest contain?
A verified Protest shall contain the following:
1. The name of the bidder;
2. The office address of the bidder;
3. The name of the Project or Contract;
4. The implementing office/agency or Procuring
Entity;
5. A brief statement of facts;
6. The issue to be resolved; and
7. Such other matters and information pertinent and
relevant to the proper resolution of the Protest.
8. How much is the Protest Fee?
9. The Protest Fee, which is in the form of cash, shall
be in accordance with the following schedule:
When should the HoPE resolve a Protest?
The HoPE shall resolve the protest within seven (7)
calendar days from receipt thereof
Is the decision of the HoPE on a Protest final?
The decision of the HoPE concerned shall be final
up to the limit of his contract approving authority, subject to
the provisions of existing laws on the authority of
Department Secretaries and the heads of agencies,
branches, constitutional commissions, or instrumentalities of
the GoP to approve contracts .
With respect to the LGUs, the decision of the local
chief executive shall be final.
What is the remedy available if a Protest is denied with
finality?
The aggrieved party may resort to regular courts via
Certiorari.
The regional trial court shall have jurisdiction over final
decisions of the HoPE. Court actions shall be governed by
Rule 65 of the 1997 Rules of Civil Procedure.
What is Blacklisting?
An administrative penalty disqualifying a person or
an entity from participating in any government procurement
for a given period.
A person/entity that is blacklisted by a procuring
entity and/or included in the Government Procurement Policy
Board (“GPPB”) Consolidated Blacklisting Report shall not
be allowed to participate in the bidding of all government
projects during the period of disqualification unless it is
delisted
Grounds for Blacklisting
- Competitive Bidding Stage
- Contract Implementation Stage
Procedure During Competitive Bidding Stage
Initiation of Action Who may initiate?
- Any bidder or prospective bidder
- The BAC motu proprio
- Notification
How?
The BAC shall immediately notify the contractor in writing,
advising him that:
a. A complaint for suspension and blacklisting has
been filed against him, or he has been considered
by the BAC for suspension and blacklisting, statin
the grounds for such;
b. He has the opportunity to show cause why he
should not be suspended and blacklisted
d. A hearing should be conducted before the BAC,
upon his request, where he may present
documentary evidence, verbal testimony and cross-
examine the witnesses presented against him.
c. The consequence of being suspended and
blacklisted