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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.
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.