SUMMARY OF R.A. NO. 9184
Republic Act No. 9184 (R.A. No. 9184) is
“AN ACT PROVIDING FOR THE
MODERNIZATION, STANDARIZATION AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER OTHER PURPOSES”. It
is also known
as the "Government Procurement Reform Act."
R.A. No. 9184 was approved on January 10, 2003 and took effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation. It applies to the Procurement of Infrastructure Projects, Goods and Consulting Services, regardless of source of funds, whether local or foreign, by all branches and instrumentalities of government, its departments, offices and agencies, including government-owned and/or-controlled corporations and local government units, subject to the provisions of Commonwealth Act No. 138.
This act is composed of 25 articles and 78 sections. Article I consists of general provisions of the law including its Short Title, Declaration of Policy, Governing Principles on Government Procurement, Scope and Application, Definition of Terms, and Standardization of Procurement Process and Forms. Article II of the same law provides guidelines for the Procurement Planning, while Article III pertains to the Procurement by Electronic Means wherein a single portal that is considered as the primary source of information on all government procurement called the Government Electronic Procurement System (G-EPS) is provided. The G-EPS includes feature that provides for an audit trail for on-line transactions and allow the Commission on Audit to verify the security and integrity of the systems at any time. Article IV of the law concerns the Competitive Bidding. Article V of the law is about the Bids and Awards Committee (BAC) and consists of provisions on the BAC and its Composition, Functions of the BAC, Observers, BAC Secretariat, BAC Secretariat, and Professionalization of BAC, BAC Secretariat and Technical Working Group Members.
Articles VI to XI refer to provisions relative to bidding. These articles comprise of provisions about Preparation of Bidding Documents, Invitation to Bid, Receipt and Opening of Bids, Bid Evaluation, Post-Qualification, and Award, Implementation and Termination of the Contract. This Act is also composed of Articles on Bidding of Provincial Projects (Article XIII), Lease of Computers, Communications, Information and other Equipment (Article XIV), Disclosure of Relations (Article XV), Alternative Methods of Procurement (Article XVI), Post Mechanism (Article XVII), Settlement of Disputes (Article XVIII), Contract Prices and Warranties (Article XIX), The Government Procurement Policy Board (Article XX), Penal Clause (Article XXI), Civil Liability (Article XXII), Administrative Sanctions (Article XXIII), Legal Assistance and Indemnification of BAC Members (Article XXIV), and Final Provisions (Article XXV). It must be noted that the offenses that are prohibited under this Act as provided in Article XXI of the same are the following: 1. Opening of any sealed Bid including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents, prior to the appointed time for the public opening of Bids or other documents. 2. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of Bids or other documents. 3. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder. 4. Splitting
of contracts
which exceed
procedural purchase limits
and
competitive bidding. 5. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47 of this Act.
