For justifiable causes, a member shall be suspended or removed by the Head of the Procuring Entity. - (a) For the procurement of Goods, in order to assure that manufacturing defects shall be corrected by the supplier, manufacturer, or distributor, as the case maybe, for a specific time after performance of the contract, a warranty shall be required from the contract awardee for such period of time as may be provided in the IRR, the obligation for which shall be covered by either retention money in the amount equivalent to a percentage of every progress payment, or a special bank guarantee equivalent to a percentage of the total contract price, to be provided in the IRR. Section 47. (b) Private individuals who commit any of the following acts, including any public officer, who conspires with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: 1. - All the members of the BAC are hereby authorized to engage the service of private lawyers or extend counsel immediately upon receipt of Court Notice that a civil or criminal action, suit or proceeding is filed against them. (m) Portal - refers to a website that aggregates a wide variety of content for the purpose of attracting a large number of users. Section 46. Decisions of the BAC may be protested by filing a verified position paper and paying a non-refundable protest fee. e. Negotiated Procurement - 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. (i) GPPB - refers to the Government Procurement Policy Board established in accordance with Article X of this Act. Refers to R.A. 9184, entitled “An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for other Purposes,” otherwise known as the Government Procurement Reform Act. Indemnification of BAC Members. The eligibility requirements shall provide for fair and equal access to all prospective bidders. Section 18. - the BAC shall publicly open all bids at the time, date, and place specified in the bidding documents. - Within five (5) years from the effectivity of this Act, contractor who participates in the bidding of provincial priority programs and infrastructure projects, whose principal office is within the same province, and who submits the lowest bid among the provincial bidders which is higher than the lowest bid made by a contractor with principal office outside the said province shall be granted the privilege to match the bid made by the latter: Provided, however, That the release of funds for said projects shall be published in a local newspaper with the widest circulation and the website of the DBM, the mechanisms of which shall be spelled-out in the IRR. Competitive Bidding.- All Procurement shall be done through Competitive Bidding, except as provided for in Article XVI of this Act. 5. 2, s. 2015 – Allocation o.. The Bidding Documents shall include the following: (b) Instructions to Bidders, including criteria for eligibility, bid evaluation and post-qualification, as well as the date, time and place of the pre-bid Conference (where applicable), submission of bids and opening of bids; (f) Form of Bid, Price Form, and List of Goods or Bill of Quantities; (g) Delivery Time or Completion Schedule; (i) Form and Amount of Performance Security and Warranty; and. This law amends Title Six, Book Two of Republic Act No. Observers.- To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the Commission on Audit, at least two(2) observers to sit in its proceedings, one(1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a non-government organization: Provided, however, That they do not have any direct or indirect interest in the contract to be bid out. Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Contractor shall submit to the Head of the Procuring Entity a verified position paper stating why the contract should not be terminated. When a bidder maliciously submits different Bids through two or more persons, corporations, partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. Limited Source Bidding, otherwise known as Selective Bidding - a method of Procurement that involves direct invitation to bid by the Procuring Entity from a set of pre-selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract; b. In proper cases, the BAC shall also recommend to the Head of the Procuring Entity the use of Alternative Methods of Procurement as provided for in Article XVI hereof. With respect to real property, its procurement shall be governed by the provisions of Republic Act No.8974, entitled "An Act to Facilitate the Acquisition of Right-of -Way Site or Location of National Government Infrastructure Projects and for Other Purposes" and other applicable laws, rules and regulations. Upon recommendation by the Procuring Entity, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Contractor conveying the termination of this Contract. 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. Procurement shall also include the lease of goods and real estate. The Bid with the highest calculated rating shall be the "Highest Rated Bid." A prospective bidder may be allowed to summit his eligibility requirement s electronically. In addition, the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. Government Projects as per 2016 Revised Implementing Rules and Regulations (IRR) of R. A. Oversight Committee. (R.A.) 9184, otherwise known as the “Government Procurement Reform Act”, for the purpose of prescribing the necessary rules and regulations for the modernization, standardization, and regulation of the Section 58. For purposes of this Section, "extraordinary circumstances" shall refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the procuring entity concerned. - For the Procurement of Consulting Services, the Bids of the short listed bidders shall be evaluated and ranked using numerical ratings in accordance with the evaluation criteria stated in the Bidding Documents, which shall include factors such as, but not limited to, experience, performance, quality or personnel, price and methodology. When the Procurement of critical components from a specific manufacturer, supplier, or distributor is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions his contract; or. Civil Liability in Case of Conviction. No bid qualifies as the Lowest Calculated Responsive Bid; or. Refusal to clarify or validate in writing its Bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification. Allowing the use of one's name, or using the name of another for purposes of public bidding. 138. Direct Contracting, otherwise known as Single Source Procurement - 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 voice together with the conditions of sale, which offer may be accepted immediately or after some negotiations; c. Repeat Order. ARTICLE XIIDOMESTIC AND FOREIGN PROCUREMENT. Participate in a public bidding using the name of another or allow another to use one's name for the purpose of participating in a public bidding. 3. Notice and Executive of Award. Poor performance by the contractor or unsatisfactory quality and/or progress of work arising from his fault or negligence as reflected in the Constructor's Performance Evaluation System (CPES) rating sheet. Preventive Suspension. The amount of the protest fee and the periods during which the protests may be filed and resolved shall be specified in the IRR. In all instances, the Procuring Entity shall ensure that the most advantageous price for the government is obtained. ARTICLE XIIIBIDDING OF PROVINCIAL PROJECTS. This procedure shall be repeated until an award is made. Report to Regular Courts; Certiorari.- Court action may be resorted to only after the protests contemplated in this Article shall have been completed. 4. Performing Security. Repealing Clause. Ceiling for Bid Prices. - Within a period not exceeding fifteen (15) calendar days from the determination and declaration by the BAC of the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid, and the recommendation of the award, the Head of the Procuring Entity or his duly authorized representative shall approve or disapprove the said recommendation. Section 60. Renewal of the effectivity dates of the performance security after its expiration during the course of contract implementation. The Procuring Entity shall issue the Notice to Proceed to the winning bidder not later than seven (7) calendar days from the date of approval of the contract by the appropriate authority. Jurisdiction. ROBERTO P. NAZARENOSecretary GeneralHouse of Represenatives, GLORIA MACAPAGAL-ARROYOPresident of the Philippines, IMPLEMENTING RULES AND REGULATION OF REPUBLIC ACT 9184 OTHERWISE KNOWN AS THE GOVERNMENT PROCUREMENT REFORM ACT, The Lawphil Project - Arellano Law Foundation. In case of resignation, retirement, separation, transfer, re-assignment, removal, the replacement shall serve only for the unexpired term: Provided, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. 9184 What is a Contract?. - A single calculated/rated and responsive bid shall be considered for award if it falls under of the following circumstances: a. Section 15. funded procurement activities from procurement planning up to contract implementation and termination, except for the following: a) Acquisition of real property which shall be governed by Republic Act No. Section 10. Section 72. JOSE DE VENECIA JR.Speaker of the House of Representatives. Assignment and subcontracting of the contract or any part thereof or substitution of key personnel named in the proposal without prior written approval by the procuring entity. Any other law, presidential decree or issuance, executive order, letter of instruction, administrative order, proclamation, charter, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of this Act, hereby repealed, modified or amended accordingly. (b) BAC - refers to the Bids and Awards Committee established in accordance with Article V of this Act. When there is an unforeseen contingency requiring immediate purchase: Provided, however, That the amount shall not exceed Fifty thousand pesos (P50,000); or. - A Government Procurement Policy Board (GPPB) is hereby established to: (a.) No government Procurement shall be undertaken unless it is in accordance with the approved Annual Procurement Plan of the Procuring Entity. 876, otherwise known as the "Arbitration Law": Provided, however, That, disputes that are within the competence of the Construction Industry Arbitration Commission to resolve shall be referred thereto. Section 35. WHEREAS,Section 22 of RA 9184 provides that at least one pre-bid conference shall be conducted for each procurement, unless otherwise provided in the IRR, which shall be held within areasonable period before the deadline for receipt of bids to allow prospective bidders to adequately prepare their bids; Section 26. 3019, otherwise known as the "Anti-Graft and Corrupt Practice Act" and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years: 1. Declaration of Policy.- It is the declared policy of the State to promote the ideals of good governance in all its branches, departments, agencies, subdivisions, and instrumentalities, including government-owned and/or -controlled corporations and local government units. Section 62. After the second failed bidding, however, the BAC may resort to negotiated procurement as provided for in Section 53 of this Act. Section 74. Preliminary Examination of Bids. Period of Action on Procurement Activities. The contractor shall undertake the repair works, at his own expense, of any defect or damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the Head of the Procuring Entity has issued an order to undertake repair. ... AWARD, IMPLEMENTATION AND TERMINATION OF THE CONTRACT. All other acts that tend to defeat the purpose of the Competitive bidding. The minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee. - Without prejudice to administrative sanctions that may be imposed in proper cases, a conviction under this Act or Republic Act No. For further information, please refer to: Aristotle E. Guerrero Head Secretariat, BAC for Infrastructure Tel: 575-1700 Fax: 816-0996 5. promulgated pursuant to Section 75 of Republic Act No. Section 37. Section 4. The BAC shall observe the same process and set the new periods according to the same rules followed during the first bidding. If after advertisement, only one prospective bidder submits a Letter of Intent and/or applies for eligibility check, and meets the eligibility requirements or criteria, after which it submits a bide, which is found to be responsive to the bidding requirements; b. - Post-qualification is the stage where the bidder with the Lowest Calculated Bid, in the case of Goods and Infrastructure Projects, or the Highest Rated Bid, in the case of Consulting Services, undergoes verification and validation whether he has passed all the requirements and conditions as specified in the Bidding Documents. The amount thereof shall be specified in the IRR. (c) Private individuals who commit any of the following acts, and any public officer conspiring with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years: 1. Subscribe to e-paper. Section 48. The BAC and its composition Q: Can an officer who is in a plantilla position, but occupying a permanent co-terminus status be a member of the BAC? The GPPB shall convene within fifteen (15) days from the effectivity of this Act formulate the IRR and for other related purposes. The BAC shall be responsible for ensuring that the Procuring Entity abides by the standards set forth by this Act and the IRR, and it shall prepare a procurement monitoring report that shall be approved and submitted by the Head of the Procuring Entity to the GPPB on a semestral basis. Procurement of major plant components where it is deemed advantageous to limit the bidding to known eligible bidders in order to maintain an optimum and uniform level of quality and performance of the plant as a whole. Section 29. - The rules and guidelines for the implementation and termination of contracts awarded pursuant to the provisions of this Act shall be prescribed in the IRR. Section 31. Section 69. After approved by the Head of the Procuring Entity of the Highest Rated Bid, the BAC shall invite the bidder concerned for negotiation and/or clarification on the following item: financial proposal submitted by the bidder, terms of reference, scope of services, methodology and work program, personnel to be assigned to job, services/facilities/data to be provided by the Procuring Entity concerned, and provisions of the contract. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents, in order to influence the outcome of the public bidding. In the event of settlement or compromise, indemnification shall be confined only on matters covered by the settlement, as to which the Procuring Entity had been advised by countset that the public officials to be indemnified have not committed gross negligence or misconduct in the performance of their functions and duties. When any of the foregoing acts is done in collusion with private individuals, the private individuals shall likewise be liable for the offense. The authority to approve the termination of contract for the grounds provided in item II hereof, and other grounds for termination as provided inSectionIIIAnnexIofthe2016 RevisedIRRofRA9184, irrespective of the amount, are hereby delegated as follows: A. ForCentral (UPMO/Bureau) Projects -the Undersecretary for UPMO and/or Technical Services; The eligible prospective bidders shall then be evaluated using numerical ratings on the basis of the short listing requirements prescribed for the Competitive Bidding concerned, within the period stated in the Invitation to Bid to determine the short list of bidders who shall be allowed to submit their respective bids. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity. Section 44. - (a) In addition to the provisions of Articles XXI and XXII of this Act, the Head of the Procuring Entity, subject to the authority delegated to the BAC, if any, shall impose on bidders or prospective bidders, the administrative penalty of suspension for one (1) years for the first offense, and suspensions of two (2) years for the second offense from participating in the public bidding process, for the following violations: 1. The documents submitted in satisfaction of the eligibility requirements shall be made under oath by the prospective bidder or by his duly authorized representative certifying to the correctness of the statements made and the completeness and authenticity of the documents submitted. 8. Procurement By Electronic Means.- To promote transparency and efficiency, information and communications technology shall be utilized in the conduct of procurement procedures. - Subject to the prior approval of the Head of the Procuring Entity or his duly authorized representative, and whenever justified by the conditions provided in this Act, the Procuring Entity may, in order to promote economy and efficiency, resort to any of the following alternative methods of Procurement: a. The details and mechanics of implementation shall be provided in the IRR to be promulgated under this Act. Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. Open 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. c. If after the eligibility check, more than one bidder meets the eligibility requirements, but only one bidder submits a bid, and its bid is found to be responsive to the bidding requirements. Termination in Whole means the termination of all of the work that has not ... 9184. entity. d) Instructions to Bidders. The Supply and Property Management Office (SPMO) is the overall in charge in the acquisition of new properties and equipment, its utilization and the disposition of unserviceable or no longer needed equipment of the University. Any treaty or international or executive agreement affecting the subject matter of this Act to which the Philippine government is signatory shall be observed. The notice … Limited Source Bidding. Section 54. All affected functions of the Infrastructure Committee of the National Economic and Development Authority Board are hereby transferred to the GPPB. Pre-Procurement Conference. - Limited Source Bidding may be resorted to only in any of the following conditions: a. This IRR-A shall cover all fully domestically-funded procurement activities from procurement planning up to contract implementation and termination, except for the following: a) Acquisition of real property which shall be governed by Republic Act No. Section 56. c. Those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government. Section 55. Section 52. Access to Information.- In all stages of the preparation of the Bidding Documents, the Procuring entity shall ensure equal access to information. The Invitation to Bid shall contain, among others: (a) A brief description of the subject matter of the Procurement; (b) A general statement on the criteria to be used by the Procuring entity for the eligibility check, the short listing of prospective bidders, in the case of the Procurement of Consulting Services the examination and evaluation of Bids, and post-qualification; (c) The date, time and place of the deadlines for the submission and receipt of the eligibility requirements, the pre-bid conference if any, the submission and receipt of bids, and the opening of bids; (d) The Approved Budget for the Contract to be bid; (f) The period of availability of the Bidding Documents, and the place where these may be secured and; (h) Such other necessary information deemed relevant by the Procuring Entity. If the Contractor fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the Head of the Procuring Entity shall issue an order terminating the contract; The Procuring Entity may, at anytime before receipt of the Bidder's verified position paper described in item (c) above withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Contractor's receipt of the notice; Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. Bids submitted after the deadline shall not be accepted. Functions of the BAC.- shall have the following functions: advertise and/or post the invitation to bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of bids, undertake post-qualification proceedings, recommend award of contracts to the Head of the Procuring Entity of his duly authorized representative: Provided, That in the event the Head of the Procuring shall disapprove such recommendation, such disapproval shall be based only on valid, reasonable and justifiable grounds to be expressed in writing, copy furnished the BAC; recommend the imposition of sanctions in accordance with Article XXIII, and perform such other related functions as may necessary, including the creation of a Technical Working Group from a pool of technical, financial and/or legal experts to assist in the procurement process. Direct Contracting. Scope and Application.- This act shall apply to the Procurement of Infrastructure Projects, Goods and Consulting Services, regardless of source of funds, whether local of 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. Contract Prices. Republic Act No. However, in the interest of availability, efficiency and timely delivery of Goods, the Procuring Entity may give preference to the purchase of domestically-produced and manufacturer goods, supplies and materials that meet the specified or desired quality. Provincial Bidders. Section 20. Protests on Decisions of the BAC.- Decisions of the BAC in all stages of procurement may be protested to the head of the procuring entity and shall be in writing. 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