“An Act providing for the Modernization, Regulation and
Standardization of the Procurement Activities of the
Government and for other Purposes”
Scope and Applications:
Must be used for all procurement activities by the
Government of the Philippines and all its branches and
instrumentalities including GOCCs, GFIs, SUCs, LGUs.
It shall apply to the procurement of goods and services,
infrastructure projects, and consulting services,
regardless of source of funds, whether local or foreign.
Transparency
o wide dissemination of bid opportunities and the participation of
pertinent non-government organizations.
o Proper documentation and maintenance of records
Competitiveness
o Public Bidding; alternative methods of procurement must only be
resorted to when competitive bidding is not a feasible option
Streamlining and use of technology in procurement
o must be simple and made adaptable to advances in modern
technology in order to ensure an effective and efficient method
System of Accountability
o Public officials directly or indirectly involved in the procurement
process are responsible and liable for their actions relative thereto
Public Monitoring
o Reports submission to GPPB; observers from NGOs, POs and other
public and private sectors
Composition
o The BAC shall have at least FIVE (5) MEMBERS, but not more than
SEVEN (7) MEMBERS
Responsibilities
o Recommend Method of Procurement
o Create TWG
o Advertise/Post Invitation to Bid
o Pre-Procurement & Pre-Bid Conferences
o Eligibility Check
o Receive & Open Bids
o Evaluate Bids (with assistance of TWG)
o Post-Qualification
o Resolve Motions for Reconsideration
o Recommend Award of Contract
o Recommend Imposition of Sanctions
TWG created by the BAC from a pool of technical, financial
and/or legal experts.
Responsibilities of the TWG:
o Assist BAC in preparing bidding documents
o Assist BAC in eligibility check/short-listing
o Assist BAC in bid evaluation and preparation of reports
o Assist BAC in post-qualification and prepare the post-
qualification summary report
o Assist BAC and BAC Secretariat prepare Resolution
Recommending Award, with regard to technical aspect, if
necessary
All procurement should be within the approved budget of the
procuring entity and should be meticulously and judiciously
planned by the procuring entity concerned.
No government procurement shall be undertaken unless it is in
accordance with an approved Annual Procurement Plan (APP)
Annual Procurement Plan (APP)
o it is a consolidation of all Procurement Project Management
Plans (PPMP) for a procuring entity that is scheduled for
procurement for a calendar year.
Approved Budget for the Contract (ABC)
Refers to budget for the contract duly approved by the
Head of the Procuring Entity
Approved Budget is CEILING for bid prices
Invitation to Bid should specify the APPROVED
BUDGET for the contract and the source of funding
In determining ABC, consider:
Appropriation for the project/procurement
Market price
Inflation and cost of money directly related to the
procurement timetable
Procurement Project Management Plan
it is a procurement plan for goods, infrastructure
projects and consulting services
shall specify the type of contract to be employed,
extent/size of contract, scope/packages, the
procurement methods to be adapted, (indicating if
the procurement task is to be “outsourced”), time
schedule for each procurement activity and the
estimated Budget for each procurement.
The preparation and updating of the PPMPs shall be the
responsibility of the respective Project Management
Offices (PMOs) or end-user units of the procuring
entities.
APP should consider the following factors:
1. The APP should include all procurement activities planned for
the year
2. The APP shall include only those procurements that are
considered crucial to the efficient discharge of governmental
functions
3. The APP shall include provisions for foreseeable emergencies
based on historical records
4. It is paramount that project implementation timelines are met
A review and updating of the individual PPMPs and the APP
shall be done regularly, at least once every six months or as
often as necessary.
End-users
PPMP Reviewed by Recommended by Vice
(with
TWG and Budget President and
Tech. Specs and approved by the HOPE
Officer
estimates
APP
Consolidated by the BAC
Delivered goods
End User
shall be accepted
by the Supply
PR
Office
Purchase Request based on
APP timelines
Offenses
o Any Public Officers and Private Individual
committed any acts or violations as provided in
Rule XXI of RA 9184
Penalties:
o Not less than 6 years and one (1) day but not
more fifteen (15) years
Cover all types of procurement whether than
manually or electronically
