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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 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.

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