Professional Documents
Culture Documents
9148
“An act providing for the Modernization, Standardization and regulation of the
Procurement Activities of the Government and for other Purposes”
C= D+M-A
Corruption= Discretion + <monopoly – Accountability
By Robert Klitgard
Republic Act No. 9184 also known as the Government Procurement Reform Act was
enacted to eliminate or at least minimize corruption in procurement
Republic Act No. 9184 was signed into law on 10 January 2003 and became effective on
26 January 2003
The implementation rules and Regulations was signed on 18 September 2003 and became
effective on 09 October 2003.
DECLARATION OF POLICY
SCOPE OF GPRA
Procurement of:
a. Infrastructure Projects
b. Goods, Supplies, Materials and Related Services
c. Consulting Services
APPLICATION OF GPRE
Applies to;
• Use of Lowest Calculated and Responsive Bid for Infrastructure Project Goods
and services, and Highest Rated and Responsive Bid for Consulting Services
• Increased transparency in the procurement process
• Professionalization of procurement officials
• Inclusion of Penal and Civil Liabilities
BAC COMPOSITION
• BAC for NGAs, GOCCs, GFIs, & SUCs
• The members including the Chairman shall be designated by the Head of the
• Procuring Entity Procuring Entity
Regular Members
1. Chairman-(at least 3rd Ranking Permanent Official)
2. Member representing the legal or the administrative area of the procuring
entity
3. Member representing the finance area of the procuring entity
Provisional Members
1. An official who has technical expertise relevant to the procurement
2. Representative form the end-user unit
• BAC for Local Government Units
• The Local Chief Executive shall designate the members of the BAC
• The BAC members shall elect among themselves who shall act as chairman
Members
1. Budget Office
2. Legal Office
3. Engineering Office
4. General Service Office
5. Administrator’s Office
6. End-User Office
7. Other regular office under the office of LCE
BAC SECRETARIAT
OBSERVERS
• The BAC shall invite in all stages of the procurement, in addition to the
representative of the COA, at least two (2) observers to sit in the proceedings
- One from a duly organized private group in a sector relevant to
the procurement at hand
- One from a non-government organization that does not have
any direct or indirect interest in the contract to be bid
OBSERVERS
RESPONSIBILITIES OF OBSERVERS
• Bidders declared by the BAC to have failed a bidding requirement may file a
request for reconsideration with the BAC within 3 days upon receipt of written
notice of its failure, or if present at the time of opening of bids, upon verbal
notification
• The BAC shall act on the request for reconsideration within 7 days from receipt
thereof.
• Decisions of the BAC in all procurement stages may be protested to the head of
the procuring entity (HOPE) by filing a verified position paper and payment fee
(at least 1% of the ABC) within 7 calendar days from receipt of the BAC
Resolution denying its request for reconsideration.
• The protest shall not stay or delay the bidding process but it must first be resolved
before any award is made.
• The HOPE shall resolve the protest within 7 days from receipt thereof.
DISCLOSURE OF RELATIONS
• All bids shall be accompanied by a sworn affidavit of the bidder that he or any
officer of their corporation is not related to the Head of the Procuring Entity by
consanguinity or affinity up to the third (3rd) civil degree
Consanguinity-relationship by blood
Affinity-relationship by marriage
• Applies to BAC, BAC Secretariat and TWG members
SINGLE CALCULATED/RATED AND RESPONSIVE BID
FAILURE OF BIDDING
• For priority programs and infra projects funded out of GAA and identified in
consultation with members if the Congress
• Provincial Bidder- principal office is within the same province
• Lowest provincial bidder has the right to match LCB within 48 hours, if submitted
by an outside bidder.
• Only available within 5 years effectivity of GPRA, or up to CY2008
• For contracts involving an amount of at least 500M pesos, the head of the
procuring entity shall obtain an approval from the GPPB to proceed with a
specific alternative method
• After obtaining the approval from the GPPB, the head of the procuring entity shall
have full authority to approve the contract
PENALTIES
THANK YOU