RA 9184 Flashcards
AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION
AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE
GOVERNMENT AND FOR OTHER PURPOSES
RA NO. 9184
This Act shall be known as the
GOVERNMENT PROCUREMENT ACT
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 and which consists of the following processes:
advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and
Republic Act No. 9184 3 opening of bids, evaluation of bids, post-qualification, and award of contract, the specific requirements and mechanics of which shall be defined in the IRR to be promulgated under this Act.
COMPETITIVE BIDDING
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 of the government to undertake
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
GOODS
refers to the Government Procurement Policy Board established in accordance with Article XX of this Act.
GPPB
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, shore protection, energy/power and electrification facilities,
national buildings, school buildings, hospital buildings and other related construction
projects of the government.
Infrastructure Project
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, government owned and/or -controlled corporations, government financial institutions, and local
government units procuring Goods, Consulting Services and Infrastructure Projects.
PROCURING ENTITY
To systematize the procurement process, avoid confusion and ensure transparency, the
procurement process, including the forms to be used, shall be standardized insofar as
practicable.
Standardization of Procurement Process and Forms.
All procurement should be within the approved budget of the Procuring Entity and should be meticulously and judiciously planned by the Procuring Entity concerned. 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 to be specified in the IRR.
Procurement Planning and Budgeting Linkage.
To promote transparency and
efficiency, information and communications technology shall be utilized in the conduct of
procurement procedures.
Procurement By Electronic Means. –
The G-EPS shall ensure the
security, integrity and confidentiality of documents submitted through the system.
Security, Integrity and Confidentiality.
All Procurement shall be done through Competitive Bidding, except as provided for in Article XVI of this Act.
Competitive Bidding.
To assist the BAC in the conduct of its functions, the Head of the Procuring Entity shall create a Secretariat that will serve as the main support unit of the BAC.
BAC Secretariat.
Specifications for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements.
Reference to brand names shall not be allowed.
Reference to Brand Names
shall assess the readiness of the procurement in terms of confirming the certification of availability of funds, as well as reviewing all relevant documents in relation to their adherence to law
pre-procurement conference
shall be held within a reasonable period before the
deadline for receipt of bids to allow prospective bidders to adequately prepare their bids,
which shall be specified in the IRR.
pre-bid conference
What is the two components of bid documents
Technical and Financial
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
Prior to the signing of the contract, the winning bidder shall, as a measure of guarantee for the faithful performance of and
compliance with his obligations under the contract prepared in accordance with the Bidding
Documents
PERFORMANCE SECURITY
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
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
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 ORDER
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
Shopping
a method of Procurement that may be resorted under the extraordinary circumstances provided for in Section 53 of this Act and other instances that shall be specified in the IRR, whereby the Procuring Entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or
consultant
Negotiated Procurement
Any and all disputes arising from the implementation of a
contract covered by this Act shall be submitted to arbitration in the Philippines according to the provisions of Republic Act No. 876, otherwise known as the “Arbitration Law”
Artbitration
