Module8-CeLaw

• Republic Act 9184


  Government Procurement Reform Act
• Revised Implementing Rules and Regulations (IRR)

  Rules and regulations for the modernization, standardization, and regulation of the procurement activities of the Government of the Philippines
• The IRR is promulgated pursuant to Section 75 of Republic Act No. 9184
• Principles of government procurement

  • Transparency
  • Competitiveness
  • Streamlined process
  • Accountability
  • Public monitoring
• The IRR does not apply to procurement of goods, infrastructure projects and consulting services funded from foreign grants, acquisition of real property, and public-private sector infrastructure or development projects covered by other laws
• Approved Budget for the Contract (ABC)


  The budget for the contract duly approved by the Head of the Procuring Entity
• Bid


  A signed offer or proposal to undertake a contract submitted by a bidder in response to and in consonance with the requirements of the Bidding Documents
• Bidder


  A contractor, manufacturer, supplier, distributor and/or consultant who submits a bid in response to the requirements of the Bidding Documents
• Bidding Documents


  Documents issued by the Procuring Entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid
• Bids and Awards Committee (BAC)


  Committee established in accordance with Rule V of the IRR
• Competitive Bidding


  A method of procurement which is open to participation by any interested party and which consists of the following processes: advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract
• Consulting Services


  Services for infrastructure projects and other types of projects or activities of the Government of the Philippines requiring adequate external technical and professional expertise
• Goods


  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
• Head of the Procuring Entity (HoPE)


  The head of the agency or body, or his duly authorized official, for national government agencies and the constitutional commissions or offices, and other branches of government; the governing board or its duly authorized official, for government-owned and/or -controlled corporations, government financial institutions and state universities and colleges; or the local chief executive, for local government units
• Infrastructure Projects


  Construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related construction projects of the government
• Procurement


  The acquisition of goods, consulting services, and the contracting for infrastructure projects by the Procuring Entity
• Pre-bid conferences and notices, opening of bids, and observers are covered under the Philippine Government Electronic Procurement System (PhilGEPS)
• The Bids and Awards Committee has the sole authority to open the bids
• Security, integrity and confidentiality requirements are covered under the IRR
• Competitive bidding rules are covered under Rule IV of the IRR
• Bids and Awards Committee rules are covered under Rule V of the IRR
• Republic Act 9184


  Government Procurement Reform Act
• Revised Implementing Rules and Regulations (IRR)

  Rules and regulations for the modernization, standardization, and regulation of the procurement activities of the Government of the Philippines
• The provisions of this IRR are in line with the commitment of the GoP to promote good governance and its effort to adhere to the principles of transparency, accountability, equity, efficiency, and economy in its procurement process
• Governing principles on government procurement

  • Transparency in the procurement process and in the implementation of procurement contracts
  • Competitiveness by extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in competitive bidding
  • Streamlined procurement process that will uniformly apply to all government procurement
  • 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 are, when warranted by circumstances, investigated and held liable for their actions relative thereto
  • Public monitoring of the procurement process and the implementation of awarded contracts with the end in view of guaranteeing that these contracts are awarded pursuant to the provisions of the Act and this IRR, and that all these contracts are performed strictly according to specifications
• This IRR shall apply to all procurement of any branch, agency, department, bureau, office, or instrumentality of the GoP, including government-owned and/or -controlled corporations (GOCCs), government financial institutions (GFIs), state universities and colleges (SUCs), and local government units (LGUs)
• This IRR shall not apply to the following activities: procurement of Goods, Infrastructure Projects and Consulting Services funded from Foreign Grants covered by R.A. 8182, acquisition of real property which shall be governed by R.A. 10752, and public-private sector infrastructure or development projects and other procurement covered by R.A. 6957, as amended by R.A. 7718
• Approved Budget for the Contract (ABC)


  The budget for the contract duly approved by the Head of the Procuring Entity (HoPE)
• Bid


  A signed offer or proposal to undertake a contract submitted by a bidder in response to and in consonance with the requirements of the Bidding Documents
• Bidder


  A contractor, manufacturer, supplier, distributor and/or consultant who submits a bid in response to the requirements of the Bidding Documents
• Bidding Documents


  Documents issued by the Procuring Entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid
• Bids and Awards Committee (BAC)


  Committee established in accordance with Rule V of this IRR
• Competitive Bidding


  A method of procurement which is open to participation by any interested party and which consists of the following processes: advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract
• Consulting Services


  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
• Goods


  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
• Head of the Procuring Entity (HoPE)


  The head of the agency or body, or his duly authorized official, for NGAs and the constitutional commissions or offices, and other branches of government; the governing board or its duly authorized official, for GOCCs, GFIs and SUCs; or the local chief executive, for LGUs
• Infrastructure Projects


  Include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related construction projects of the government
• Procurement


  The acquisition of goods, consulting services, and the contracting for infrastructure projects by the Procuring Entity
• The BAC shall have the sole authority to open the bids
• Observers are allowed in the opening of bids under the PhilGEPS