The Government Procurement Act (R.A. 9184) in the Philippines regulates procurement activities across all government branches, requiring transparency, competitiveness, and accountability. It mandates a structured approach to procurement, including the development of an annual procurement plan (APP) and the establishment of a Bids and Awards Committee (BAC) to oversee the procurement process. Violations can lead to significant penalties, including imprisonment for public officers and individuals involved in procurement offenses.

1. GOVERNMENT PROCUREMENT
ACT (R.A. 9184)
BEDONIA – ORBISO - PEGAROM

2. WHAT IS PROCUREMENT?
pro·cure·ment
prəˈkyo͝ormənt/
noun
the action of obtaining or procuring something.
"financial assistance for the procurement of legal advice"
the action or occupation of acquiring military equipment
and supplies.
"defense procurement"

3. “An Act providing for the Modernization, Regulation and
Standardization of the Procurement Activities of the
Government and for other Purposes”

4. 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.
Scope and Applications

6. 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

7. 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

9. 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

10. 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
Head of the Procuring Entity (HOPE)
–the head of the Agency.

11.  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.

12.  Approved Budget for the Contract (ABC)
o Refers to budget for the contract duly approved by the
Head of the Procuring Entity
o Approved Budget is CEILING for bid prices
o Invitation to Bid should specify the APPROVED BUDGET for the
contract and the source of funding
o In determining ABC, consider:
 Appropriation for the project/procurement
 Market price
 Inflation and cost of money directly related to the
timetable

13. Procurement Project Management Plan
o it is a procurement plan for goods, infrastructure
projects and consulting services
o 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.
o 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.

14. Annual Procurement Plan (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.

15. End-users
PPMP
(with Tech. Specs
and
Estimates)
Reviewed by
TWG and Budget
Officer
Recommended by
Vice President and
approved by the
HOPE
APP
Consolidated
by the BAC
PR
Purchase Request based on
APP timelines
Delivered goods
shall be accepted
by the Supply
Office
End User

16. *
*c.d. = calendar days

17. 1. Difference in calendar days between Pre-bid Conference and the Submission and Opening
of Bids is less than twelve (12) calendar days
The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the
submission and receipt of bids, or in case a longer period for the preparation of bids is necessary,
pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the
submission and receipt of bids.
The identified timeline between the pre-bid conference and the day of the opening of bids must be
complied with to allow the prospective bidders to study and review the requirement of the
Entity, and for them to be able to submit a responsive bid.
2. Legality of stopping the issuance of bid documents before the pre-bid conference
[T]he issuance or sale of the bidding documents should not be stopped or withheld before the pre-
bid conference, but should continue, without any interruption, from the time the Invitation to Bid is
first advertised/posted until the deadline for the submission and receipt of bids in accordance with
Section 17.3 of the IRR of RA 9184.

21. 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 -- imprisonment
Cover all types of procurement whether than
manually or electronically