Government Procurement Reform Act Flashcards
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R.A. 9184 was signed by Her Excellency President Gloria Macapagal-Arroyo on 10 January 2003, and was published on 11 January 2003, in two (2) newspapers of general nationwide circulation, namely, Manila Times
and Malaya.
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It took effect fifteen (14) days after its publication or on 26 January 2003.
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refers to the budget for the
contract duly approved by the Head of the Procuring Entity
Approved Budget for the Contract (ABC)
refers to the Bids and Awards Committee established in accordance with
Article V of this Act.
BAC
refers to documents issued by the Procuring Entity as the
basis for Bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects, and Consulting Services to be provided.
Bidding Documents
refers to a signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the Bidding Documents.
Bid
refers to a method of procurement which is open to
participation by any interested party
Competitive Bidding
Competitive Bidding Process
advertisement,
pre-bid conference,
eligibility screening of prospective bidders,
receipt and opening of bids, evaluation of bids, post qualification, and
award of contract
refer to services for Infrastructure Projects and other types of projects or activities of the Government requiring adequate external technical and professional expertise that are beyond the capability and/or capacity
Consulting Services
refers to the Government Electronic Procurement System as provided in Section 8 of this Act.
G-EPS
refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects
Goods
refers to the Government Procurement Policy Board established in accordance with Article XX of this Act.
GPPB
refers to: (i) the head of the agency or his duly
authorized official, for national government agencies
Head of the Procuring Entity
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
Infrastructure Projects
refer to the implementing rules and regulations to be promulgated in accordance with Section 75 this Act.
IRR
refers to a website that aggregates a wide variety of content for the
purpose of attracting a large number of users.
Portal
refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity.
Procurement
refers to any branch, department, office, agency, or
instrumentality of the government, including state universities and colleges, governmentowned and/or -controlled corporations, government financial institutions, and local
government units procuring Goods, Consulting Services and Infrastructure Projects.
Procuring Entity
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Each procuring entity shall establish a single BAC for its procurement. The BAC shall have at least five (5) members, but not more
than seven (7) members.
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It shall be chaired by at least a first ranking permanent official of the procuring entity other than its head, and its composition shall be specified in the IRR.
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third ranking
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Unless sooner removed for a cause, the members of the BAC shall have a fixed term
of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity.
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To enhance the transparency of the process, the BAC shall,
in all stages of the procurement process, invite, in addition to the representative of the
Commission on Audit, at least two (2)
Observers
To assist the BAC in the conduct of its functions, the
Head of the Procuring Entity shall create a ____ that will serve as the main support
unit of the BAC.
Secretariat
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The Procuring Entity may grant payment of honoraria to the BAC members in an amount not to exceed (2O%) of their respective basic monthly salary subject to availability of funds.
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Form and Contents of Bidding Documents:
(a) Approved Budget for the Contract;
(b) Instructions to Bidders, including criteria for eligibility, bid evaluation and post-qualification, as well as the date, time and place of the pre-bid Conference (where
applicable), submission of bids and opening of bids;
(c) Terms of Reference;
(d) Eligibility Requirements;
(e) Plans and Technical Specifications;
(f) Form of Bid, Price Form, and List of Goods or Bill of Quantities;
(g) Delivery Time or Completion Schedule;
(h) Form and Amount of Bid Security;
(i) Form and Amount of Performance Security and Warranty; and,
(j) Form of Contract, and General and Special Conditions of Contract.
The Invitation to Bid shall contain:
(a) A brief description of the subject matter of the Procurement;
(b) A general statement on the criteria to be used by the Procuring Entity for the
eligibility check, the short listing of prospective bidders, in the case of the Procurement of
Consulting Services, the examination and evaluation of Bids, and post-qualification;
(c) The date, time and place of the deadline for the submission and receipt of the
eligibility requirements, the pre-bid conference if any, the submission and receipt of bids,
and the opening of bids;
(d) The Approved Budget for the Contract to be bid;
(e) The source of funds;
(f) The period of availability of the Bidding Documents, and the place where these
may be secured;
(g) The contract duration; and,
(h) Such other necessary information deemed relevant by the Procuring Entity.
All Bids shall be accompanied by a ____, which
shall serve as a guarantee that, after receipt of the Notice of Award, the winning bidder shall
enter into contract with the Procuring Entity within the stipulated time and furnish the
required performance security.
Bid security
Bids and Bid securities shall be valid for such reasonable
period of time indicated in the Bidding Documents.
Bid Validity
The BAC shall publicly open all bids at the time, date,
and place specified in the bidding documents.
Bid Opening.
Failure of Bidding. – There shall be a failure of bidding if:
(a) No bids are received;
(b) No bid qualifies as the Lowest Calculated Responsive Bid or Highest Rated
Responsive Bid; or,
(c) Whenever the bidder with the highest rated/lowest calculated responsive bid
refuses, without justifiable cause to accept the award of contract, as the case may be.
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Within a period not exceeding
fifteen (15) calendar days from the determination and declaration by the BAC of the Lowest
Calculated Responsive Bid or Highest Rated Responsive Bid, and the recommendation of the
award, the Head of the Procuring Entity or his duly authorized representative shall approve
or disapprove the said recommendation.
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Within 15 calendar days from receipt of the Notice of Award, the winning
bidder shall formally enter into contract with the Procuring Entity.
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When further approval of
higher authority is required, the approving authority for the contract shall be given a
maximum of 30 calendar days to approve or disapprove it.
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In the case of government-owned and/or -controlled corporations, the concerned
board shall take action on the said recommendation within 10 calendar days from
receipt thereof.
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The Procuring Entity shall issue the Notice to Proceed to the winning bidder not later
than 10 calendar days from the date of approval of the contract by the appropriate
authority. All notices called for by the terms of the contract shall be effective only at the
time of receipt thereof by the contractor.
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The procurement
process from the opening of bids up to the award of contract shall not exceed three (3)
months, or a shorter period to be determined by the procuring entity concerned.
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a method of Procurement that involves direct invitation to bid by the Procuring Entity from a set of preselected suppliers or consultants with known experience and proven capability relative to the
requirements of a particular contract
Limited Source Bidding, otherwise known as Selective Bidding
a method of Procurement that does not require elaborate Bidding Documents because the supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions
of sale, which offer may be accepted immediately or after some negotiations
Direct Contracting, otherwise known as Single Source Procurement
a method of Procurement that involves a direct Procurement of
Goods from the previous winning bidder, whenever there is a need to replenish Goods
procured under a contract previously awarded through Competitive Bidding
Repeat Orde
a method of Procurement whereby the Procuring Entity simply requests for the submission of price quotations for readily available off-the-shelf Goods or ordinary/regular equipment to be procured directly from suppliers of known qualification;
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