Basics of 9184

Republic Act No.
9184
An Act providing for the
Modernization, Standardization
and Regulation of the
Procurement Activities of the
Government and for other
Purposes

GPPB-RESOLUTION NO. 03-2009
dated 22 July 2009

APPROVING THE REVISED
IMPLEMENTING RULES AND REGULATIONS
OF REPUBLIC ACT NO. 9184
R.A. 9184 is founded on the following principles:

TRANSPARENCY
SYSTEM OF ACCOUNTABILITY
COMPETITIVENESS
STREAMLINED PROCUREMENT
PROCESS
PUBLIC MONITORING OF THE
PROCUREMENT PROCESS
To secure for the government the
lowest possible price under the most
favorable terms and conditions
To curtail favoritism in the award of
government contracts
Objectives of Competitive Public Bidding
Avoid suspicion of anomalies
Place all bidders in equal footing.
Revised IRR shall not apply to the
following activities:
Procurement 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 Republic Act No.
4860, As Amended
Acquisition of real property which
shall be governed by R.A. 8974,
entitled An Act to Facilitate the
Acquisition of Right-of-Way Site or
Location for National Government
Infrastructure Projects and for Other
Purposes,
Revised IRR shall not apply to the following activities:
Public-Private sector infrastructure or
development projects and other procurement
covered 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,
regardless of source of funds, whether local or
foreign, the provisions of this IRR shall apply.
Acquisition of real property which
shall be governed by R.A. 8974,
entitled An Act to Facilitate the
Acquisition of Right-of-Way Site or
Location for National Government
Infrastructure Projects and for Other
Purposes,
Who are involve in
Government
Procurements?

1. Head of Procuring Entity (HOPE)
2. Bids and Awards Committee (BAC)
3. BAC Secretariat
4. Observers
5. Technical Working Group (TWG)
6. End Users/PMOs
7. Bidders

Head of Procuring Entity
(HOPE)
Functions of the HOPE

The hope shall designate at
least five (5) but not more
than seven (7) members to
the BAC of unquestionable
integrity and procurement
proficiency


HOPE may designate alternate
members to the BAC, who shall have
the same qualifications as their
principals.

The alternate members shall have the
same term as their principals.
The accountability of the principal and
the alternate member shall be limited to
their respective acts and decisions.

HOPE has the discretion to
create a new office or to merely
designate an existing organic
office to be the BAC Secretariat


Approve the Annual Procurement
Plan (APP)
Resolve Protest within 7 days
upon receipt thereof.
Declare a Failure of Bidding when
circumstances warrant.
Ensure compliance with R.A.9184


The HOPE or his duly authorized
representative should approve or
disapprove the recommendation of
award within a period not exceeding
seven (7) calendar days from the
determination and declaration by
the BAC of the LCRB/SCRB.

When may the HOPE exercise his right to
reject bids, declare a failure of bidding,
or not award the contract?
If there is prima facie evidence of collusion
between appropriate public officers or
employees of the Procuring Entity, or
between the BAC and any of the bidders,
or between or among the bidders
themselves, or between a bidder and a
third party, including any act which
restricts, suppresses or nullifies or tends to
restrict, suppress or nullify competition;

When may the HOPE exercise his
right to reject bids, declare a failure
of bidding, or not award the
contract?

If the BAC is found to
have failed in following
the prescribed bidding
procedures
When may the HOPE exercise his right to
reject bids, declare a failure of bidding,
or not award the contract?

For any justifiable and
reasonable ground where
the award of the contract
will not redound to the
benefit of the government
When may the HOPE exercise his right to reject bids,
declare a failure of bidding, or not award the contract?

Contract will not redound to the benefit of
the government:
If the physical and economic
conditions have significantly changed
so as to render the project no longer
economically, financially or technically
feasible as determined by the HOPE;
If the project is no longer necessary as
determined by the HOPE;
If the source of funds for the project
has been withheld or reduced through
no fault of the Procuring Entity

Bids and Awards Committee
(BAC)
Who are disqualified to become BAC member?
Head of procuring entity (HOPE);
Official who approves procurement
transactions;
Chief Accountant / Head of the Accounting
Department & his/her staff, unless the
Accounting Department is the end-user
unit, in which case the Chief Accountant,
Head of the Accounting Department or
his/her staff may be designated as an end-
user member.
Functions of the BAC
(a) advertise and/or post the invitation to bid/request for
expressions of interest;
(b) conduct pre-procurement and pre-bid conferences;
(c) determine the eligibility of prospective bidders;
(d) receive bids;
(e) conduct the evaluation of bids;
(f) undertake post-qualification proceedings;
(g) resolve motions for reconsideration;
(h) recommend award of contracts to the HOPE
(i) recommend the imposition of sanctions in accordance
with Rule XXIII;
(j) recommend to the HOPE the use of AMPs; and
(k) perform such other related functions as may be
necessary,
Other Functions of the BAC (cont.)

The BAC shall be responsible for ensuring
that the Procuring Entity abides by the
standards set forth by R.A. 9184 and the
IRR, and
Prepare a Procurement Monitoring Report
that shall be approved and submitted by
the Head of the Procuring Entity to the
GPPB on a semestral basis.

The Chairman or, in his absence,
the Vice-Chairman, shall preside at
all meetings of the BAC.
The Chairman or, in his absence,
the Vice-Chairman, shall vote only
in case of a tie.
BAC shall respond to request for
clarification by issuing a
Supplemental/Bid Bulletin, duly signed
by the BAC chairman, to be made
available to all those who have
properly secured the Bidding
Documents, at least 7 cd before the
deadline for the submission and receipt
of bids. (section 22.5.1Revised IRR)
Annual Procurement Plan:

The APP is prepared by the BAC through
the BAC Secretariat upon submission by
the PMOs and end-user units of their
respective PPMPs and finalized after the
ABM has been approved by the DBM.

It reflects the entirety of the
procurement activities that will be
undertaken by the Procuring Entity
within the calendar year.
Factors to consider in the preparation of APP:

The approved APP shall
be the basis for the Procuring
Entitys procurement, and only
those projects / procurement
included therein shall be
undertaken.
Consistent with government
fiscal discipline measures, only
those considered crucial to the
efficient discharge of
governmental functions shall
be included in the Annual
Procurement Plan (APP).

A procurement project shall be
considered crucial to the
efficient discharge of
governmental functions if it is
required for the day-to-day
operations or is in pursuit of
the principal mandate of the
curing entity concerned.
The APP
shall bear the approval of the
HOPE or second-ranking official
designated by the Head of the
Procuring Entity to act on his
behalf, and
must be consistent with its duly
approved yearly budget.

The APP
shall include provisions for
foreseeable emergencies
based on historical records.
(Sec 7,par1, IRR-2009)

No procurement
shall be undertaken
unless it is in accordance
with the approved APP
of the procuring entity.
BAC SEcretariat
BAC Secretariat
the main support unit of BAC
a. Provide administrative
support to BAC.
b. Organize and make all
necessary arrangement
for the BAC meeting.
c. Prepare minutes of BAC
meeting.
d. Take custody of
procurement documents
e. Manage the sale and
distribution of Bidding
Documents to interested
bidders
f. Advertise and/or post bidding
opportunities, including
Bidding Documents, and
notices of awards.
g. Monitor procurement
activities and milestones for
proper reporting to relevant
agencies when required.
h. Consolidate PPMPs from
various units of the procuring
entity.
i. Be the Central channel of
communication for the BAC.
Manner of Creation of BAC Secretariat

An existing organic office
within the procuring entity
may also be designated to
serve as Secretariat.

Other functions of BAC Secretariat

Monitor the status of the
procurements routed for
approval, and cause the correction
of any formal deficiencies in the
said procurement documents to
facilitate action on the part of the
approving authorities.
Other functions of BAC Secretariat
It shall create, maintain and update the
registry of suppliers, contractors, and
consultants.
It shall create, maintain and update a price
monitoring list, if one is maintained by the
Procuring Entity.
It shall transact with the PhilGEPS and PS-
DBM in behalf of the Procuring Entity.
Responsible for the consolidation of
PPMP to APP.
Updating of the PPMP and the
consolidation thereof to APP every six
(6) months or as OFTEN as required by
the Head of the Agency.
Project Management Office (PMO) / End-
User - responsible for preparation and
update of PPMP.
Additional functions of BAC Secretariat
When procurement is done
through any of the AMPs,
Post, for information purposes,
the Notice of Award in the
Philgeps, NFA Website, and
NFA Bid Bulletin
When procurement is done
through any of the AMPs,
Post, for information purposes,
the Notice of Award in the
Philgeps, NFA Website, and
NFA Bid Bulletin
Implementation of any
project not included in the
APP shall not be allowed.
Updates and revisions in
the APP shall be submitted
to the GPPB for
information.
Caveat!
Technical Working Group
(TWG)
Technical Working Group (TWG)
Created by the BAC from a pool
of technical, financial and/or legal
experts.
In highly meritorious cases, the
Procuring Entity may also engage
the services of consultants in
accordance with the IRR-A, subject
to the availability of funds

Functions of Technical Working Group
a. Assist the BAC in the preparation of the
bidding documents.
b. Assist the BAC in the conduct of eligibility
screening of prospective bidders, and in the
short listing of prospective bidders in
case of biddings for consulting services.
c. Assist the BAC in the evaluation of bids and
prepare the accompanying reports for the
BACs consideration and approval.
Functions of Technical Working Group
d. Assist the BAC in the conduct of post-
qualification activities and prepare the post-
qualification summary report for the BACs
approval.
e. Assist the BAC and BAC Secretariat in
preparing the resolution recommending
award.
f. Provide utmost priority to BAC assignments
over all other duties and responsibilities,
until the requirements for the procurement
at hand are completed (Jury Duty).
Observers
OBSERVERS
In addition to the representative
of COA, the BAC SHALL INVITE
in all stages of the procurement
process, TWO (2) OBSERVERS
to sit and monitor the
Procurement Proceedings

One (1) Observer
from a Duly recognized
private group in a sector
or discipline relevant to
the procurement at
hand
one (1) Observer
from a Non-
Government
Organization (NGO)

Duly registered
with the Securities
and Exchange
Commission (SEC)
or the Cooperative
Development
Authority (CDA),
A specific relevant
chamber-member
of the Philippine
Chamber of
Commerce and
Industry
Qualifications of Observers:

a. Knowledge, experience or
expertise in procurement or in the
subject matter of the contract to
be bid;
b. Have no direct or indirect interest
in the contract to be bid out;
c. Comply with other criteria
determined by the BAC.

At least one (1) Observer shall come from a duly
recognized private group in a sector or discipline
relevant to the procurement at hand, for example:

For infrastructure projects, national associations
of constructors duly recognized by the
Construction Industry Authority of the Philippines
(CIAP), such as, but not limited to the following:
(1) Philippine Constructors Association,
Inc.;
(2) National Constructors Association of the
Philippines, Inc.; and
(3) Philippine Institute of Civil Engineers
(PICE).
For goods, a specific
relevant chamber-member
of the Philippine Chamber
of Commerce and Industry
(PCCI).
For consulting services, a project-related
professional organization accredited or duly
recognized by the Professional Regulation
Commission (PRC) or the Supreme Court
(SC), such as, but not limited to:
(1) PICE;
(2) Philippine Institute of Certified Public
Accountants (PICPA); and
(3) Confederation of Filipino Consulting
Organizations;
Notice should be sent at least 3
days before the stage of
Procurement
Observers shall Prepare a report
Sign the abstract of bids

Sign the post qualification
summary report
Additional Duties of the Observers:
Prepare a report either jointly or
separately indicating their
observations made on the
procurement activities conducted by
the BAC for submission to
the Head of the Procuring Entity,
copy furnished the BAC Chairman.
(Sec 13.4 Revised IRR)
To submit their report to the procuring
entity and furnish a copy to the GPPB
and Office of the Ombudsman/Resident
Ombudsman.

If no report is submitted by the
observer, then it is understood that the
bidding activity conducted by
the BAC followed the correct procedure.
Observers shall be allowed access to the
following documents upon their request,
subject to signing of a confidentiality
agreement:
(a) minutes of BAC meetings;
(b) abstract of Bids;
(c) post-qualification summary report;
(d) APP and related PPMP;and
(e) opened proposals.
PMOs/ End-Users
Functions of the PMOs or end-users

Provide the technical specifications of
the goods it will procure
Conduct a market survey that will include a
study of the available products or services,
industry developments
Recommend the ABC
Provide technical advice
Assist in the preparation of bidding
documents
Attend all stages of the procurement
The end users shall always
be represented in the BAC
Function of the PMOs/ End Users
Determine the period of
contract implementation
during the procurement
planning stage, and include
it in the PPMP.
Functions of the PMOs or end-users

determines the existence of
condition/s that require an
amendment to order.
determines the existence of a force
majeure or fortuitous event that will
be the basis for the issuance of a
suspension order.
either approve or disapprove the
request for extension.
Functions of the PMO or end-users

Ensure that the Chief Accountant of
the procuring entity issues a CAF for the
project.
Only with a CAF can the contract be
valid.
The Chief Accountant must also sign
the contract as a witness.
(Section 5, GPM)
Fund availability is an indispensable
prerequisite to the execution of any
government contract involving the
expenditure of public funds by all
government agencies at all levels.
Contracts are not to be
considered as final or binding
unless such a certification as to
funds availability is issued
(Hon. Tomas R. Osmena, petitioner, vs. COA
[GRN 98355 March2,1994.*]).
GPPB CIRCULAR 02-2008
1 August 2008
Prior issuance of the SARO is not a pre-
condition to the advertisement and/or posting
of the IAEB, in case of public bidding, or the
posting of the notice of procurement, in case
of the alternative methods of procurement.

Procurement may commence as long as
such activity is included in the APP of the
procuring entity concerned.

1 August 2008
Prior issuance of the SARO is not a pre-
condition to the advertisement and/or posting
of the ITB, in case of public bidding, or the
posting of the notice of procurement, in case
of the alternative methods of procurement.

Procurement may commence as long as
such activity is included in the APP of the
procuring entity concerned.

1 August 2008
Issuance of the SARO is, however,
required before issuance of the notice of
award by the procuring entity. At this point,
the SARO must be in place to ensure that
the certification on availability of funds,
required under Section 40, Chapter 5, Book
VI of Executive Order No. 292, shall be
properly issued by the chief accountant of
the procuring entity before any
disbursement is incurred.
Bidders
Functions of the Bidders

All bidders shall submit a sworn affidavit
that it is not related by consanguinity or
affinity up to the third (3rd) civil degree
to the:
HOPE
Members of the BAC,
the TWG, and
the BAC Secretariat,
the head of the PMO or the end-
user unit, and
the project consultants,

Bidders shall submit
their bids through their
duly authorized
representative using the
forms specified in the
Bidding Documents.

It shall be the responsibility of all those
who have properly secured the Bidding
Documents to inquire and secure
Supplemental/Bid Bulletins that may be
issued by the BAC.
However, bidders who have submitted
bids before the issuance of the
Supplemental/Bid Bulletin must be
informed and allowed to modify or
withdraw their bids
Rights of the Bidders

A bidder may modify its bid,
provided that this is done before the
deadline for the submission and
receipt of bids.

A bidder may, through a letter,
withdraw its bid before the deadline
for the receipt of
bids.

We now know the functions of the following:

1. Head of Procuring Entity (HOPE)
2. Bids and Awards Committee (BAC)
3. BAC Secretariat
4. Technical Working Group
5. Observers
6. End Users
7. Bidders

Refer to all items, supplies, materials and general
support services, x x x 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.
Definition of Goods and Services
The term related or analogous
services shall include, but not be
limited to, lease or purchase of
office space, media advertisements,
health maintenance services, and
other services essential to the
operation of the procuring entity.
It also refers to trucking, hauling, janitorial,
security, and related or analogous services (e.g.
rental of venues and facilities, catering services,
attendance to trainings and seminars, short
term services not considered as consulting
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 not be limited to, lease or purchase
of office space, media advertisements, health
maintenance services, and other services
essential to the operation of the Procuring
Entity. (OLD DEFINITION)

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