Bids and Awards Committee On SBFP

2016 REVISED
IMPLEMENTING
RULES AND
REGULATIONS OF
REPUBLIC ACT 9184
Department of Education-Division of Quezon
LEARNING OBJECTIVES
By the end of this activity, participants should be able to:
• Understand fully the basics of RA 9184

• Identify separate roles and functions of the BAC, TWG
and Secretariat
• Absorb the significance of Philgeps in government
procurement

OUTLINE
•Overview of RA 9184
•BAC Composition, Duties and
Responsibilites
•Use of Philgeps in government
procurement
REPUBLIC ACT NO. 9184
Government Procurement Reform Act (GPRA)
An Act providing for the modernization,

standardization, regulation of the procurement
activities of the government and for other
purposes.

What is Procurement?
• Refers to the acquisition
of goods, consulting
services, and the
contracting for
infrastructure projects by
the Procuring Entity
(PE).

What is Procurement?
• It is the process of
selecting services from
suppliers who fits best
the need.
• It includes the process
of selecting products
and services that will
provide value for
money.
What are Goods?
Goods – refer to all items, supplies, materials and general
support services, except consulting services and infrastructure
projects, which may be needed in the transaction of public
businesses or in the pursuit of any government undertaking,
project or activity, whether in the nature of equipment, furniture,
stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services such as
the repair and maintenance of equipment and furniture, as well
as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and
supplies provided by the procuring entity for such services.

What are Infrastructure Projects?
Infrastructure Projects – 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.

What are Consulting Services?
Consulting Services – 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 such as, but not limited
to: (i) advisory and review services; (ii) pre-investment or
feasibility studies; (iii) design; (iv) construction supervision; (v)
management and related services; and (vi) other technical
services or special studies.

WHY DO WE PROMOTE
THIS PROCESS?
“ ...to promote the ideals
of good governance ...”

GOVERNING PRINCIPLES ON
GOVERNMENT PROCUREMENT
 PUBLIC MONITORING
 ACCOUNTABILITY
 COMPETITIVENESS
 TRANSPARENCY
 STREAMLINED PROCESS: Simplicity &
Adaptability to advances in technology
 PUBLIC MONITORING
Guarantee that contracts are:

 Awarded per RA 9184 & IRR
 Performed strictly per specifications

 ACCOUNTABILITY
Responsibility over actions/decisions (“Answerable”),
and imposition of sanctions
 Administrative – Suspension
 Civil – Restitution of for the damage done or
forfeiture of unwarranted benefits
 Penal – Imprisonment of not less than six (6) years
and one (1) day but not more than fifteen (15) years

 COMPETITIVENESS
Extending equal opportunity to enable

contracting parties who are eligible and
qualified to participate in public bidding

 TRANSPARENCY
 Procurement process and contract
implementation
 Wide dissemination of bid opportunities
a. Newspaper of general nationwide circulation
b. PhilGEPS
c. Website of Procuring Entity
d. Conspicuous place; and
e. Participation of NGOs /CSOs and COA as observers
 STREAMLINED PROCESS: Simplicity &
Adaptability to advances in technology
Uniform application to all government

procurement

METHODS
OF
PROCUREMENT
Procurement Standard
• Procuring entities shall adopt Competitive Bidding as the
General Mode of Procurement.
• Alternative Methods shall be resorted ONLY:

in highly exceptional cases
To promote economy and efficiency
Justified by conditions specified in the IRR of RA
9184.
• No procurement shall be undertaken unless it is in
accordance with the approved Annual Procurement Plan
(APP) of the Procuring Entity (PE)

GENERAL
GUIDELINES
Prohibition in Splitting of
Government Contracts
• Division or breaking of government contracts into smaller quantities
and amounts, or dividing contract implementation into artificial
phases or sub-contracts for the purpose of evading or circumventing
the requirements of procurement rules & procedures is prohibited.
• However, mere act of dividing a contract into smaller quantities or

phases does not automatically constitutes splitting of contract.
• PEs are authorized to divide a procurement into lots to attract the

maximum competition but must ensure that doing so is not made to
circumvent any provision of RA 9184 and its IRR.

Reference to Brand Names
• 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 will maintain the
performance, functionality and useful life of the
equipment.
• This rule shall also apply to the goods

component of infrastructure projects and
consulting services.
EXAMPLE:
Evading the requirements for alternative methods
of procurement by:
• 1. Dividing purchase request, request for

quotations, or purchase order with ABC above
P50,000.00 to avoid the posting requirements
at Philgeps website, PE’s website, and
conspicuous place…

BAC, ITS
COMPOSITION
DUTIES
AND
RESPONSIBILITIES
BIDS AND AWARDS
COMMITTEE
Legal Reference:
Legal Reference 2016 IRR of RA 9184,
Sections 11 provide the legal reference
for the BAC and its composition.

BAC STRUCTURE
(Section 11.1 of the 2016 IRR of RA 9184)
Each Procuring Entity shall establish in its

head office a single BAC to undertake the
functions specified in Section 12 of RA 9184
in order to facilitate professionalization and
harmonization of procedures and standards.

WHO ARE THE PROCUREMENT
ACTORS?
HoPE
TWG BAC BAC OBSERVERS

SECRETARIAT

HEAD OF PROCURING ENTITY
(HOPE)
-The head of the agency or body, or his
duly authorized official, for National
Government Agencies (NGAs) and the
constitutional commissions or offices, and
other branches of government
-The governing board or its duly authorized

official, for GOCCs, GFIs and SUCs;
-The local chief executive, for LGUs

Responsibilities of the HoPE.
Legal Reference 2016 IRR, Sections 12, 13 and 14 provide the legal
reference for the roles and responsibilities.
The HoPE must ensure that:

- the APP is regularly prepared, reviewed and updated
by the and end-user units
- the APP is in accordance with the duly approved
yearly budget of the Procuring Entity
- ensure that all procurements are in line with the APP
- establishes the BAC and appoints the members.
- Ensures professionalization of the BAC, its
Secretariat and TWG Members;
(within 6 months upon designation, the BAC, its
Secretariat and TWG members should have
satisfactorily completed such program or training
conducted, authorized or accredited by the GPPB
through its Technical Support Office (Section 6)

- Approves the Annual Procurement Plan
- Approves or disapproves the Contract Award
- Resolves protest
- Impose the necessary administrative sanctions
on errant members of the BAC
Secretariat/BAC/TWG

- Ensure that the members of the BAC and the
TWG shall receive their incentives
- Ensure that the BAC, BAC Secretariat and
TWG, give utmost priority to BAC assignments
over all other duties and responsibilities, until the
requirements for the said assignments at hand are
completed.

- Approve the Procuring Monitoring Report
(PMR) and submit the same to the GPPB in
printed and electronic format within fourteen (14)
calendar days after the end of each semester.

BIDS AND AWARDS COMMITTEE
General Rule: The HOPE must create a single BAC.
Separate BACs maybe created under
The items to be procured are complex or specialized;
If the single BAC cannot reasonably manage the
procurement transactions as shown in delays beyond the
allowable limits; or
If the creation is required according to the nature of the
procurement.
*The HoPE shall designate 5-7 members of
unquestionable integrity and procurement proficiency.

Prohibited BAC Members
 Head of Procuring Entity
 Official who approves Procurement Contract
 Chief Accountant or Head of the
Provincial/City/Municipal Accounting Office and
his/her staff.
• The Accounting Department is the end-user unit, in which head
case the Chief Account, Head of the Accounting Deparrtment or
his/her staff maybe designated as an end-user member. (COA
Circular Letter No. 2004-3)
 Local Treasurers
and Assistant Local Treasurers (DOF
Department Order No. 042-2019 dated 12 June 2019)

QUALIFICATIONS
Regular Members Provisional Members
Chairperson (3rd Officer possessing technical
Ranking Permanent expertise relevant to the
Official) procurement.
Member (Representing End-user Representative
the Legal or
Administrative
Department)
Member (Representing
the Finance Area)

TERM OF MEMBERSHIP
• BAC shall have a fixed term of one (1) year
reckoned from the date of appointment, renewal
at the discretion of the HoPE.
• HoPE may designate alternate members who
shall have the same qualifications as that of the
members originally designated.
• Alternate members shall have the same term as
the original member.

FUNCTIONS AND RESPONSIBILITIES OF THE BAC
Legal Reference 2016 IRR, Sections 12, 13 and 14 provide the legal reference for the roles and
responsibilities.
• Recommend for approval and/or

revision of the Annual
Procurement Plan.
• Conduct the bidding process.
• Determine and recommend for
approval appropriate
procurement method.
• Recommend to the HoPE or
his/her duly authorized
representative award of contracts.
FUNCTIONS AND RESPONSIBILITIES OF THE BAC
Legal Reference 2016 IRR, Sections 12, 13 and 14 provide the legal reference for the roles and
responsibilities.
• Recommend to the HoPE or his/her

duly authorized representative the
imposition of sanctions in
accordance with rule XXII of IRR of
RA No. 9184.
• Conduct periodic assessment of the
procurement processes and
procedures.
• Creation of a Technical Working
Group (TWG) from a pool of
technical and/or legal expert, &
financial expert.
BAC SECRETARIAT
ORGANIC
• HoPE may create a new office or
designate an existing organic office
to act as BAC Secretariat
AD HOC
• In case of ad hoc BAC Secretariat,
the HoPE shall assign full-time
support staff in its BAC Secretariat  There is no minimum or
maximum number of members
of the BAC Secretariat.

BAC SECRETARIAT HEAD
• must be at least a 5th or
3rd ranking permanent
employee or, if not
available, a permanent
official of the lower
rank.

FUNCTIONS OF THE BAC
SECRETARIAT
• Provide administrative
support to the BAC and the
TWG;
• Organize and make all
necessary arrangements for
BAC and the TWG meetings
and conferences;
• Prepare minutes of meetings
and resolutions of the BAC;
SECRETARIAT
• Take custody of procurement
documents and other records
and ensure that all procurements
undertaken by the Procuring
Entity are properly documented;
• Manage the sale and distribution
of Bidding Documents to
interested bidders;

SECRETARIAT
• Advertise and/or post
bidding opportunities,
including Bidding
Documents, and notices of
awards;
• Assist in managing the
procurement processes;

SECRETARIAT
• Monitor procurement
activities and milestones for
proper reporting to relevant
agencies when required;
• Consolidate PPMPs and
prepare the APP; an
• Act as the central channel of
communications.

TECHNICAL WORKING GROUP
(TWG)
 Created by the BAC from a pool
of:
Technical Experts
 Financial Experts
 Legal Experts
 BAC may create separate TWGs

to handle different procurements.

FUNCTIONS OF THE
TECHNICAL WORKING GROUP (TWG)
• The TWG shall provide assistance to the BAC in terms
of the technical, financial, legal and other aspects of
the procurement at hand.
a. Assist the BAC in the review

of Technical Specifications,
Scope of Work, and Terms of
Reference;
b. Assist the BAC in the review

of bidding documents

FUNCTIONS OF THE
c. Assist the BAC in the conduct of

eligibility screening of prospective
bidders, and in the short listing of
consultants in case of biddings for
consulting services.
d. Assist the BAC in the evaluation of

bids and prepare the accompanying
reports for the BAC’s consideration
and approval.
FUNCTIONS OF THE
e. Assist the BAC in the conduct of post-

qualification activities and prepare
the post-qualification summary report
for the BAC’s approval.
f. Assist the BAC and BAC Secretariat

in preparing the resolution
recommending award, with regard to
the technical aspect, if necessary.

FUNCTIONS OF THE
g. Assist the BAC in the preparation

of resolution of request for
reconsideration.
h. Provide utmost priority to BAC

assignments over all other duties
and responsibilities, until the
requirements for the procurement
at hand are completed (Jury Duty).
END-USERS
Origin of all procurement requests
The end-users shall prepare actual
requirements of the procurement project
to include but not limited to the ff.:
a. Technical Specifications /Scope of
Work/Terms of Reference;
b. Schedule of Requirements;
c. Payment terms & Conditions;
d. Warranty Requirements; and
e. After Sales Service Parts
Plan, prepare, finalize and/or revise the
PPMPs.
OBSERVERS
The BAC shall invite observers in writing at least five (5)
calendar days before the date of the following activites:
 eligibility checking
 shortlisting
 pre-bid conference
 preliminary examination of bids
 bid evaluation,
 and post-qualification

OBSERVERS
Shall come from:
1. A duly recognized private group

2. Non-government Organization
3. Commission on Audit

OBSERVERS
Allowed to access free of charge the ff.:
 Minutes of BAC Meetings

 Abstract of Bids
Post-qualification Summary Report
 APP and related PPMP
Opened Proposals

PhilGEPS REGISTRATION
• Bidders are mandated to register with PhilGEPS, and provide
PhilGEPS Registration Number as a condition for award for
the following modalities:
Direct Contracting
Shopping
Take-over of Contracts
Small Value Procurement
Lease of Real Property and Venue
 Scientific, Scholarly or Artistic Work, Esclusive
Technology and Media Services.
Highly Technical Consultants

ALTERNATIVE
METHODS OF
PROCUREMENT
Alternative Methods of
Procurement
1. Limited Source Bidding
2. Direct Contracting
3. Repeat Order
4. Shopping
5. Negotiated Procurement
Negotiated Procurement
• Negotiated Procurement is a method of procurement of Goods,
Infrastructure Projects and Consulting services, whereby the Procuring
Entity directly negotiates a contract with a technically, legally and
financially capable supplier, contractor or consultant in any of the
following cases:
1. Two-failed Biddings
2. Emergency Cases
3. Take Over Contracts
4. Adjacent or Contiguous
5. Agency-To- Agency
6. Scientific, Scholarly or Artistic Work, Exclusive
Technology and Media Services
Negotiated Procurement
7. Highly Technical Consultants
8. Small Value Procurement
9. Lease of Real Property and Venue
10. Defense Cooperation Agreement
11. NGO Participation
12. Community Participation
13. United Nations Agencies, International Organizations
or International Financing Institutions
14. Direct Retail Purchase of Petroleum Fuel, Oil and Lubricant
(POL) Products and Airline Tickets.

NEGOTIATED PROCUREMENT-
SMALL VALUE PROCUREMENT
Applicability:
 Goods
 Infrastructure Projects
Consulting Services

Background:
Procurement not covered by Shopping under Sec.
52 of the IRR of RA 9184
Threshold
Does not exceed Php1,000,000.00 for NGAs,
GOCCs, SUCs and Autonomous Regional
Government
Who are involved:
1. HoPE
2. BAC
3. BAC Secretariat
4. The end-user;
5. The supplier(s)

Procedures:
i. The End-User shall submit a request for SVP to the BAC, which
indicates the technical specifications, scope of work, terms of
reference, ABC and other terms and conditions.
ii. The BAC shall prepare and send the RFQs/RFPs to at least three (3)
suppliers, contractors or consultants of known qualifications. This,
notwithstanding, those who responded through any of the required
postings shall be allowed to participate. Receipt of at least one (1)
quotation is sufficient to proceed with the evaluation thereof.

Procedures:
iii. Except for those with ABCs equal to Fifty Thousand Pesos (₱
50,000.00) and below, RFQs are to be posted for a period of three (3)
calendar days in the PhilGEPS website, website of the Procuring Entity or
its electronic procurement service provider, if available, and at any
conspicuous place reserved for this purpose in the premises of the
Procuring Entity.

Procedures:
vi. Except for contracts with ABC of Fifty Thousand Pesos (PhP
50,000.00) and below, the BAC, through the Secretariat, posts for
information purposes the Contract/PO, including NOA and NTP, if
necessary in:
a. The PhilGEPS website;

b. The website of the Procuring Entity or its electronic procurement
service provider, if any; and
c. Any conspicuous place in the premises of the Procuring Entity.
DOCUMENTARY REQUIREMENT
ALTERNATIVE METHODS OF PROCUREMENT

DOCUMENTARY REQUIREMENT
ALTERNATIVE METHODS OF PROCUREMENT

What is PhilGEPS?
The PhilGEPS (Philippine Government
Electronic Procurement System)
is the single,
centralized electronic portal that shall
serve as the primary and definitive source of
information on government procurement.
(Section 8, R.A. 9184)
BACKGROUND
Government entities are mandated to use
PhilGEPS in all their procurement
activities:
Goods & General Support Services

Civil Works; and
Consulting Services

Advertisement & Posting of
Procurement Opportunity
Procurement opportunities for the
aforementioned alternative methods shall be
posted in the following for a period of at least
three (3) calendar days:
1. PhilGEPS website
2. PE’s website
3. Conspicuous place in PEs premises

MEMBERSHIP TYPES FOR
SUPPLIERS
Red Membership
- Applicable for alternative mode of procurement
only
Platinum Membership
- Acceptable for all procurement modes

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2016 REVISED

• Understand fully the basics of RA 9184

Department of Education-Division of Quezon

An Act providing for the modernization,

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Guarantee that contracts are:

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Extending equal opportunity to enable

Department of Education-Division of Quezon

Uniform application to all government

Department of Education-Division of Quezon

• Alternative Methods shall be resorted ONLY:

Department of Education-Division of Quezon

• However, mere act of dividing a contract into smaller quantities or

• PEs are authorized to divide a procurement into lots to attract the

Department of Education-Division of Quezon

• This rule shall also apply to the goods

• 1. Dividing purchase request, request for

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Each Procuring Entity shall establish in its

Department of Education-Division of Quezon

TWG BAC BAC OBSERVERS

Department of Education-Division of Quezon

-The governing board or its duly authorized

-The local chief executive, for LGUs

Department of Education-Division of Quezon

The HoPE must ensure that:

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

• Recommend for approval and/or

• Recommend to the HoPE or his/her

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

Department of Education-Division of Quezon

 BAC may create separate TWGs

Department of Education-Division of Quezon

a. Assist the BAC in the review

b. Assist the BAC in the review

Department of Education-Division of Quezon

c. Assist the BAC in the conduct of

d. Assist the BAC in the evaluation of

e. Assist the BAC in the conduct of post-

f. Assist the BAC and BAC Secretariat

Department of Education-Division of Quezon