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RA 9184 and its IRR

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karl paulo damian

on 15 February 2013

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Transcript of RA 9184 and its IRR

Republic Act No. 9184 and its Implementing Rules and Regulations Overview and General Provisions of Table of Contents Mode of Procurement Historical Background

Procurement Reforms

Scope and Coverage

Governing Principles

Procurement Planning

Mode of Procurement The Administrative Code of the Philippines (1917)

Procurement – acquisition of supplies, materials and equipment for the various offices and branches of Government (Supply Law)

Bureau of Public Works – award of contracts for the construction and repair of national public works and improvements


Procurement and Supply Law

Office of Insular Purchasing Agent (1910)
Division of Purchase and Supply (1932)
The Procurement Office (1947)
Bureau of Supply under Department of General Services (1958) Historical Background Government Procurement Reform Act
10 January 2003

Implementing Rules and Regulations (IRR) Part A
8 October2003

Revised IRR
2 September 2009 Enactment of GPRA All procurement of the national government, its departments, bureaus, offices and agencies, including state universities and colleges, government-owned and/or controlled corporations, government financial institutions and local government units, shall, in all cases, be governed by the rules and principles of procurement.

It shall apply to all procurement activities involving:

Goods and Services
Infrastructure Projects
Consulting Services Scope and Coverage All Procurement shall be done through competitive bidding except as provided in RA 9184

Resort to Alternative Method shall be made only in highly exceptional cases Early Laws of Procurement Pre-Reform Procurement Legal Structures Act No. 22 – Chief Engineer of US Army acted as the purchasing agent of government

Act No. 74 (1901) – mandated contracts for purchase of school supplies thru invitation to bid and the awarded to the lowest responsive bidder

Act No. 82 (1901) – Provincial Governors and Municipal Mayors to enter into contracts for public works and purchase of office supplies thru competitive bidding

Act No. 146 – creating Bureau of Supply (supplies, materials, equipment etc)

EO 16 (1936) – No contract shall be entered into or renewed without public bidding The Administrative Code of the Philippines (1917)

Procurement – acquisition of supplies, materials and equipment for the various offices and branches of Government (Supply Law)

Bureau of Public Works – award of contracts for the construction and repair of national public works and improvements


Procurement and Supply Law

Office of Insular Purchasing Agent (1910)
Division of Purchase and Supply (1932)
The Procurement Office (1947)
Bureau of Supply under Department of General Services (1958) Scope and Coverage Section 4, Revised IRR

All fully domestically-funded procurement activities
All foreign-funded procurement activities, unless otherwise provided in a treaty or int’l/executive agreement
As may be agreed upon by the GOP and IFI in their treaty or int’l/executive agreement

Projects funded from foreign grants
Projects for International Competitive Bidding
Consulting Services for National Competitive Bidding Except the following: RA 8182, as amended by RA 8555, Foreign Grants (ODA)

RA 8974, acquisition of real property

RA 6957, as amended by RA 7718, Public Private Partnership

Disposal of government properties;

Leasing out of publicly-owned real property for private use;

Consignment; and,

Formation of Joint Venture Partnerships between government corporations and private entities. Governing Principles of RA 9184 Streamlined Process Public Monitoring Competition Transparency System of Accountability Wider dissemination of bid opportunities Equal opportunity to all eligible bidders Uniformly applicable to all government agencies

Effective and efficient method Answerable Awareness and Vigilance What is Procurement? It is the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity. (Section 5, IRR of RA 9184)

The nature of the procurement shall be determined based on the primary purpose of the contract.

Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed by the provisions of R.A. 8974 and other applicable laws, rules and regulations. Procurement refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by procuring entity. (Sec. 5(aa), IRR, R.A. 9184)

Procurement means the acquisition by any means of goods, construction or services. (UNCITRAL Model Law on Procurement) End User Budget Office Project Procurement Management Plan (PPMP)

Market Study
Technical Specifications
Estimated budget Evaluate each of the End User's submitted PPMP

Budget Proposal BAC/BAC Secretariat Review and Consolidate the different PPMPs into an APP HOPE Approves the APP Procurement
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