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Republic of the Philippines

Don Severino de las Alas Campus
Indang, Cavite
(046) 4150-010 / (046) 4150-013 loc 206


The 2016 Revised IRR of RA 9184

Rule I – VII

Submitted by:

Enrique, Earl Justin S.
BSCE 5-1

Submitted to:

Engr. Roslyn Peña

March 3, 2018

for the purpose of prescribing the necessary rules and regulations for the modernization. This procurement law was enacted to lay down rules and regulation to modernize. 2. . Discussion Rule I – General provisions Section 1. standardize and regulate procurement activities of the government. To summarize the rule of each Section included in this report. is promulgated pursuant to Section 75 of this Act as a repealing clause. This report contains the provisions for every Section from Rule 1 to 7 of this revised IRR.Introduction The Government Procurement Act or the RA 9184 is the current effective law in government procurement which has been promulgated from the year 2003. this report intends: 1. While on the 2016 Revised Implementing Rules and Regulations. standardization. called the IRR. Some contents are highlighted and constructed in forms that will help BSCE students to understand and to familiarize the scopes and principles included in the Act. To discuss the contents of Rule 1 to 7 of 2016 Revised IRR of RA 9184. 3. To construct diagrams to enumerate core principles in this Act. It introduces changes and errata to continually adapt the government procurement to streamline systems in order to keep this act operative in the course of time. Short Title and Purpose This Act shall be known as the “Government Procurement Reform Act. and regulation of the procurement activities of the Government of the Philippines (GoP). Objectives Specifically.

Scope and Applications of IRR . efficiency. Section 3. and economy in its procurement process. Declaration Policy 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. Governing Principles on Government Procurement Figure I: Principles of Government Procurement Transparency Accountability Competitiveness Principle of Government Procurement Streamlined Public Monitoring procurement process Section 4.Section 2.

furnishing all information necessary for a prospective bidder to prepare a bid. Definition of Terms The following terms and phrases are defined to establish its meaning for the whole Act.Refers to the budget for the contract duly approved by the HoPE.refers to a signed offer or proposal to undertake a contracts submitted by a bidder in response to and in consonance with the requirement of the bidding documents. Bid.refer to services for infrastructure projects and other types of projects or activities of the GoP requiring adequate external technical and . Figure II: Scope of Government Procurement Procurement of Goods Infrastructure Procurement Projects Consultation Services Section 5. manufacturer. materials and equipment that are used in the day-to-day operations of the Procuring Entities in the performance of their functions. as provided for in the General Appropriations Act (GAA). Some of these are unspecific to establish it is referring to and will not be included in the list below. supplier. distributor and/or consultant who submit a bid in response to the requirements of the bidding documents. Consulting Services .refer to those goods. Approved Budget for the Contract (ABC) .refers to a contractor.refers to the documents issued by the Procuring Entity as the basis for bids. Bidding Documents. Common-Use Supplies and Equipment (CSE) . Bidder .

materials and general support services. Acronyms ABC – Approved Budget of Contract BAC – Bids and Awards Committee (excluded in this report. refer to Rule XX) HoPE – Head of Procuring Entity . Goods . for GOCCs.includes the construction. refer to Rule V) CSE – Common-Use Supplies and Equipments GPPB – Government Procurement Policy Board (excluded in this report. infrastructure and consulting services. Procurement . and SUCs  The local chief executive.refer to all items. agency. for LGUs Infrastructure Projects . demolition. GFIs. except Consulting Services and infrastructure projects.refers to any branch. SUC and LGU procuring goods. professional expertise that are beyond the capability and/or capacity of the GoP to undertake. restoration or maintenance of various civil works. for NGAs  The governing board or its duly authorized official. GFI. improvement. Head of Procuring Entity (HoPE ). supplies.refers to the acquisition of goods. repair. or his duly authorized official. which may be needed in the transaction of public businesses in the pursuit of undertaking government project or activity. consulting services and contracting for infrastructure projects by the Procuring entity. rehabilitation. or any instrumentality of the GoP including GOCC. Procuring Entity .refers to:  The head of the agency or body.

and other standard forms issued by the GPPB.  In the preparation of the APP. activities.APP – Annual Procurement Plan GPM – Generic Procurement Manual PBD – Philippine Bidding Documents PPMP – Project Procurement Management Plans PAP – Program Activities and Projects PhilGEPS – Philippine Government Electronic Procurement System Section 6. and projects (PAPs). Philippine Bidding Documents (PBDs). . Rule II – Procurement Planning Section 7 – Procurement Planning and Budgeting Linkages  All procurement shall be within the approved budget of the Procuring Entity and should be planned by the Procuring Entity. The Annual Procurement Plan (APP) is the requisite document that the agency must prepare to reflect the necessary information on the entire procurement activities for goods and services and infrastructure to be procured that it plans to undertake within the calendar year. Standardization of Procurement Process and Forms  Procuring Entities are mandated to use the Generic Procurement Manuals (GPMs). the Procuring Entity shall formulate their respective Project Procurement Management Plans (PPMPs) for their different programs.

Features of PhilGEPS: 1. Registration Certificate 2. notices. except as provided in Rule XVI of this IRR. 2. .Security. awards and reasons for award. Integrity and Confidentiality The PhilGEPS shall incorporate the following features. Distributors. Audited Financial Statements Section 9 . Philippine Contractors Accreditation Board license and registration 5. which shall be periodically upgraded to keep abreast with developments in technology: a) Security b) Integrity c) Confidentiality d) Audit Trail e) Performance Tracking Rule IV – Competitive Bidding Section 10. Tax Clearance 4. Electronic Bulletin Board . Registry of Manufacturers.for posting procurement opportunities. Suppliers. Procurement by Electronic Means and the Philippine Government Electronic Procurement System (PhilGEPS)  To promote transparency and efficiency. Competitive Bidding All procurement shall be done through competitive bidding. information and communications technology PhilGEPS shall be utilized in the conduct of procurement procedures. Mayor’s/Business Permit 3.Rule III – Procurement by Electronic Means Section 8. Contractors and Consultants Eligibility Documents for the Registration of Bidders: 1.

Rule V – Bids and Awards Committee Section 11. The BAC and its Composition  Each Procuring Entity shall establish in its head office a single BAC to undertake the functions in order to facilitate professionalization and harmonization of procedures and standards. financial and legal experts to assist in . BAC Composition: a) Chairperson (at least 3rd ranking permanent official of Procuring Entity) b) An officer (at least 5th ranking permanent official of the Procuring Entity) who represents the legal or administrative area c) An officer (at least 5th ranking permanent official of the Procuring Entity) who represents the finance area Provisional Members: d) An officer who has a technical expertise in procurement e) A representative from the end-user or implementing unit who has knowledge of procurement laws and procedures. Functions of the BAC a) Advertise and/or post the Invitation to Bid for expressions of interest b) Conduct pre-procurement and pre-bid conferences c) Determine the eligibility of prospective bidders d) Receive and open bids e) Conduct evaluation of bids f) Undertake post-qualification proceedings g) Resolve requests for consideration h) Recommend award of contracts to the HoPE or his duly authorized rep i) Recommend the imposition of sanction j) Recommend to the HoPE the use of Alternative Methods of Procurement k) Conduct any of the Alternative Methods of Procurement l) Conduct periodic assessment of the procurement processes and procedures to streamline procurement activities m) Perform such other related functions including the creation of the Technical Working Group form a pool of technical.

a project-related professional organization recognized by PRC or Supreme Court such as: (1) Philippine Institute of Civil Engineers (2) Confederation of Filipino Consulting Organization. (2) National Constructors Association of the Philippines. b) Organize and make all necessary arrangements for BAC and the TWG meetings and conferences. . Inc. 1. For Infrastructure Projects. in addition to the representative of the COA. shortlisting consultants. The other observer shall come from a non-government organization (NGO) Section 14. during the whole procurement process. post qualification and resolution of request for reconsideration. for example: a. At least 1 shall come from duly recognized private group in a sector or discipline relevant to the procurement at hand. Functions and Responsibilities of BAC Secretariat a) Provide administrative support to the BAC and the TWG. For Consulting Services. reviewing bidding documents. the BAC shall invite. eligibility screening. 2. at least 2 observers. bid evaluation. c) Prepare minutes of meetings and resolutions of the BAC. Section 13. For Goods. d) Take custody of procurement documents and other records and ensure that all procurements undertaken by the Procuring Entity are properly documented. national associations of constructors recognized by Construction Industry Authority of the Philippines (CIAP) such as: (1) Philippine Constructors Association Inc. b. Observers  To enhance the transparency of the process. BAC Secretariat / Procurement Unit  The HoPE shall create a Secretariat which will serve as the main support unit of the BAC. e) Manage the sale and distribution of Bidding Documents to interested bidders. who shall not have the right to vote. a specific chamber-member of the Philippine Chamber of Commerce and Industry c.

c. ABC. other government agencies. Rule VI – Preparation of Bidding Documents Section 17. Eligibility Requirements. Professionalization of BAC. and notices of awards. and the Procurement Units of Procuring Entities. providers of goods. Invitation to Bid/Request for Expression of Interest. . and post-qualification. and consulting services. and professionalize the same. and j) Act as the central channel of communications for the BAC with end-user or implementing units. and the general public. TWG Members and Procurement Units  The GPPB shall establish a sustained training program to develop the capability of the BACs. observers. BAC Secretariats. f) Advertise and/or post bidding opportunities. including scope of bid. BAC and TWG Members  The Procuring Entity may grant payment of honoraria to the BAC members in an amount not to exceed twenty five percent (25%) of their respective basic monthly salary subject to availability of funds. Instructions to Bidders. infrastructure projects. Section 16. b. including Bidding Documents. h) Monitor procurement activities and milestones for proper reporting to relevant agencies when required. g) Assist in managing the procurement processes. PMOs. bid evaluation methodology/criteria in accordance with the Act. as well as the date. Section 15. d. TWGs. other units of the line agency. Form and Contents of Bidding Documents The Bidding Documents shall include the following: a. criteria for eligibility. documents comprising the bid. Honoraria of BAC. i) Consolidate PPMPs from various units of the Procuring Entity to make them available for review as indicated in Section 7 of this IRR and prepare the APP.

procurement of Infrastructure Projects costing Five Million Pesos (₱5. Terms of Reference. shall call for a pre-procurement conference. Rule VII – Invitation to Bid Section 20. k. Scope of work. i..000.000. Form. time and place of the pre-bid conference (where applicable).00) and below.000. g. e. procurement of Goods costing Two Million Pesos (₱2. Delivery Time or Completion Schedule. the Procuring Entity shall ensure equal access to information. for Consulting Services.e. Form of Bid. Access to Information  In all stages of the preparation of the Bidding Documents. f.000. Section 18. Amount.000. Plans/Drawings and Technical Specifications. functionality and useful life of the equipment. Form of Contract and General and Special Conditions of Contract. through its Secretariat. and l. j. the BAC. Amount. where applicable.00) and below. and Validity Period of Bid Security. i. Form. Price Form.000.00) and below. Reference to brand names shall not be allowed except for items or parts that are compatible with the existing fleet or equipment of the same make and brand. and to maintain the performance. and Validity of Performance Security and Warranty. functionality and/or performance requirements. and List of Goods or Bill of Quantities. . submission of bids and opening of bids. and procurement of Consulting Services costing One Million Pesos (₱1. Pre-Procurement Conference  Prior to the advertisement or the issuance of the Invitation to Bid/Request for Expression of Interest for each procurement undertaken through a competitive bidding. Section 19. Reference to Brand Names  Specifications for the procurement of Goods shall be based on relevant characteristics.  The holding of a pre-procurement conference may not be required for small procurements. h.

and other important or relevant features of the works. major items. . and the opening of bids. time and place of the deadline for the submission and receipt of the eligibility requirements.Section 21. and iii) Consulting services. the short listing of prospective bidders. ii) Infrastructure Projects. including a brief description of the type. c) A general statement on the criteria to be used by the Procuring Entity for the eligibility check. or items. the submission and receipt of bids. the name of the contract to be bid and a brief description of the goods to be procured. e) ABC for the project. as well as the basis of evaluation of the project. size. the project background and other relevant information regarding the proposed contract works. the examination and evaluation of bids. the pre-bid conference if any. lot. f) The source of funding. post-qualification. Advertising and Contents of the Invitation to Bid/Request for Expression of Interest Contents of the Invitation to Bid/Request for Expression of Interest: a) For the procurement of: i) Goods. the name of the contract to be bid. in the case of the procurement of Consulting Services. a general description of the project and other important or relevant information. the name and location of the contract to be bid. b) The name of the project. or item to be bid. d) The date. lots. where applicable. and award. identification and number of lots or items specific to the bidding.

4 of this IRR. i) The name.g) The place. the price of the Bidding Documents. where required.  Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS.000. Conclusion The Rule 1 to 7 of the 2016 Revised IRR of RA 9184 has included all about the: general provisions which includes the scope and principles of this Act as well as the . telephone number.000). Section 22. if available. the website of the Procuring Entity concerned. Supplemental/Bid Bulletins  Requests for clarification(s) on any part of the Bidding Documents or for an interpretation must be in writing and submitted to the BAC of the Procuring Entity. facsimile number. and specifications stipulated in the Bidding Documents. e-mail and website addresses of the concerned Procuring Entity. time and website where the Bidding Documents may be secured or downloaded. pre-bid conferences may be conducted at the discretion of the BAC. and at any conspicuous place within the premises of the Procuring Entity. conditions. in accordance with Section 17. address.00) or more. terms. For contracts to be bid with an ABC of less than One Million Pesos (₱1. the BAC shall convene at least one (1) pre-bid conference to clarify and/or explain any of the requirements. h) The contract duration or delivery schedule. Pre-bid Conference  For contracts to be bid with an ABC of One Million Pesos (₱1. and.000. and j) Such other necessary information deemed relevant by the Procuring Entity.000. as well as its designated contact person.

gov. References http://www.pdf . the activity of pre-procurement conference and advertisement of Invitation to bid. BAC Secretariat and the TWG members. preparation of bidding documents and. procurement planning and budgeting linkages through inclusion of the compliance of a procurement with the honoraria of BAC.definition of terms to be commonly used. procurement by electronic means using PhilGEPS.RA9184. PPMPs and PAPs. competitive bidding. the BAC and its composition and functions. inclusion of observers. appointment of BAC Secratariat.gppb.. and professionalization of them through trainings and seminars.