4. What is RA 9184
9
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 Reform Act
5. What is Procurement?
Procurement is the process of purchasing goods
or services and is usually in reference to business
spending.
Business procurement requires preparation,
solicitation, and payment processing, which
usually involves several areas of a company.
6. What is the
Importance of
Procurement?
Without procurement, it would be impossible for most
business operations to function.
Procurement management ensures that all items and
services are properly acquired so that projects and
processes can proceed efficiently and successfully.
8. Republic Act 9184 Otherwise Known as the Government
Procurement Reform Act under Section 12 and its 2016
Implementing Rules and Regulations (IRR), requires the
creation of the Bids and Awards Committee (BAC), Bids
and Awards Committee Secretariat (BACSec) and
Technical Working Group by the Head of Procuring
Entity (HoPE).
The BAC has a fixed term of one (1) year reckoned from
the date of appointment, renewable at the discretion of
the HoPE.
9.
10. Committees are composed of five (5) regular members following Section 11.2 of
RA 9184 IRR:
1. Chairperson, who is at least a third (3rd) ranking permanent official of the Procuring Entity
2. An officer, who is at least a fifth (5th) ranking permanent official, or if not available, an officer of
the next lower rank with knowledge, experience and/or expertise in procurement who, to the
extent possible, represents the legal or administrative area of the Procuring Entity: Provided,
Provisional Members:
1. An officer who has technical expertise relevant to the procurement at hand, and, to the extent
possible, has knowledge, experience and/or expertise in procurement
2. A representative from the end-user or implementing unit who has knowledge of procurement
laws and procedures
3. An officer, who is at least a fifth (5th) ranking permanent official, or if not available, an officer of
the next lower rank with knowledge, experience and/or expertise in procurement who, to the
extent possible, represents the finance area of the Procuring Entity
11. The Chairperson and the Vice-Chairperson shall
also be designated by the HoPE. Moreover, the
Vice-Chairperson shall be a regular member of the
BAC. For purposes of this IRR, the term
“permanent” shall refer to a plantilla position within
the Procuring Entity concerned
12. To facilitate and harmonize procedures and
standards in the procurement process of the
University, there are three (3) BACs, such as:
1. BAC Goods/Regular
2. BAC Research
3. BAC Infrastructure
13. BAC Goods/Regular
The BAC Goods/Regular is in-charge in the
procurement activities under the General
Appropriations Act (GAA), Revolving and
Internally Funded Programs and Projects
of the University.
14. BAC Research
The BAC Research is in-charge in the
procurement activities under the
externally funded research programs
and projects.
15. BAC Infrastructure
The BAC Infrastructure is in-charge in the
procurement activities under the General,
Revolving, Internally and Externally
funded infrastructure programs and
projects.
16. FUNCTIONS AND RESPONSIBILITIES OF THE BAC
1.Advertise and/or post the invitation to bid/request for expression of interest.
2.Conduct pre-procurement and pre-bid conferences.
3.Determine the eligibility of prospective bidders.
4.Receive bids.
5.Conduct the evaluation of bids.
6.Undertake post-qualification proceedings.
7.Resolve motions for reconsideration.
8.Recommend award of contract to the Head of Procuring Entity or his duly
authorized representative.
9.Recommend the imposition of sanctions in accordance with Rule XXIII of RA 9184.
10. Recommend to the Head of Procuring Entity the use of Alternative Methods of
procurement as provided in Rule XVI of RA 9184.
11. Create a Technical Working Group(TWG) from a pool of technical, financial,
and/or legal experts
17. Bids and Awards Committee Secretariat
(BACSec)
Provide administrative support to the BAC.
Organize and make all necessary arrangements
for BAC meetings and conferences. Prepare
minutes of meetings and resolutions of the BAC.
Take custody of procurement documents and other
records.
18. FUNCTIONS AND RESPONSIBILITIES OF THE
BAC SECRETARIAT
1.Provide administrative support to the BAC.
2.Organize and make all necessary arrangements for BAC meetings and conferences.
3.Prepare minutes of meetings and resolutions of the BAC.
4.Take custody of procurement documents and other records.
5.Manage the distribution of Bidding Documents to interested bidders .
6.Advertise and/or post bidding opportunities, including Bidding Documents, and Notices
of Awards.
7.Assist in managing the procurement processes.
8.Monitor procurement activities and milestones for proper reporting to relevant agencies
when required Consolidate PPMPs from various units of the procuring entity to make
them available for review.
9.Be the central channel of communications for the BAC with end-users, PMOs, other
units of the line agency, other government agencies, providers of goods, infrastructure
projects and consulting services, observers and the general public.
19. Technical Working Group
A technical working group is an ad hoc group of
experts on a particular topic who work together on
specific goals.
These meetings are often meant to encourage
stakeholders to discuss the state of research on a
topic and/or to identify gaps in research.
20. FUNCTIONS AND RESPONSIBILITIES OF THE
TECHNICAL WORKING GROUP
1.Assist the BAC in the preparation of the bidding documents, ensuring that the same
properly reflects the requirements of the Procuring Entity and that these conform to the
standards set forth by R.A. 9184, its IRR-A and the PBDs prescribed by the GPPB.
â—Ź Assist the BAC in the conduct of eligibility screening of prospective bidders, and in the
short listing of prospective bidders in case of biddings for consulting services.
2.Assist the BAC in the evaluation of bids and prepare the accompanying reports for the
BAC’s consideration and approval.
3.Assist the BAC in the conduct of post-qualification activities and prepare the post-
qualification summary report for the BAC’s approval.
4.Assist the BAC and BAC Secretariat in preparing the resolution recommending award,
with regard to the technical aspect, if necessary.
5.Provide utmost priority to BAC assignments over all other duties and
responsibilities, until the requirements for the procurement at hand are completed
(Jury Duty).
22. Competitive Bidding – (or Public Bidding) refers to a
method of procurement which is open to participation
by any interested party and which consists of the
following processes: advertisement, pre-bid conference,
eligibility screening of prospective bidders, receipt and
opening of bids, evaluation of bids, post-qualification,
and award of contract, the specific requirements and
mechanics of which shall be defined in the
Implementing Rules and Regulations (IRR) to be
promulgated under R.A. No. 9184.
43. Alternative Methods.
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:
44. (a) 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 preselected suppliers or consultants with known
experience and proven capability relative to the
requirements of a particular contract
45. (b) 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 invoice together with the conditions of sale,
which offer may be accepted immediately or after
some negotiations;
46. (c) Repeat Order
a method of Procurement that involves a direct
Procurement of Goods from the previous
winning bidder, whenever there is a need to
replenish Goods procured under a contract
previously awarded through Competitive
Bidding;
47. (d) Shopping
a method of Procurement whereby the
Procuring Entity simply requests for the
submission of price quotations for readily
available off-the-shelf Goods or ordinary/regular
equipment to be procured directly from
suppliers of known qualification
48. (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