Jaypril Allysa D.
Villanueva
BETCT - 3E
Research Work #1
1. What is RA 9184?
a. R.A. 9184, otherwise known as. the "Government Procurement Reform
Act," in order to lay forth the requirements. rules and regulations for
modernizing, regulating, and standardizing. Government of the
Philippines (GOP) procurement operations.
2. What are the governing principles under RA 9184?
The procurement of the GOP shall be governed by these principles:
a. Transparency in the procurement process and in the implementation of
procurement contracts through wide dissemination of bid opportunities
and participation of pertinent non-government organizations.
b. Competitiveness by extending equal opportunity to enable private
contracting parties who are eligible and qualified to participate in public
bidding.
c. Streamlined procurement process that will uniformly apply to all
government procurement. The procurement process shall be simple
and adaptable to modern technological advances to ensure an
effective and efficient method.
d. A system of accountability where both the public officials directly or
indirectly involved in the procurement process and in the
implementation of procurement contracts and the private parties that
deal with GOP are, when warranted by circumstances, investigated
and held liable for their actions relative to it.
e. Public monitoring of the procurement process and the implementation
of awarded contracts with the end view of guaranteeing that these
contracts are awarded pursuant to the provisions of the Act and this
IRR and that all these contracts are performed strictly according to
specifications. (Section 8 R.A. 9184)
3. State the Scope and application of RA 9184 IRR.
This IRR shall apply to all procurement of any branch, agency, department,
bureau, office, or instrumentality of the GOP, including government-owned and/or
-controlled corporations (GOCCs), government financial institutions (GFIs), state
universities and colleges (SUCs), and local government units (LGUs).
Any Treaty or International or Executive Agreement to which the GOP is a
signatory affecting the subject matter of the Act and this IRR shall be observed. In
case of conflict between the terms of the Treaty or International or Executive
Agreement and this IRR, the former shall prevail.
Unless the Treaty or International or Executive Agreement expressly provides
the use of foreign government/foreign or international financing institution
procurement procedures and guidelines, this IRR shall apply to Foreign-funded
Procurement for goods, infrastructure projects, and consulting services by the GOP.
Consistent with the policies and principles set forth in Sections 2 and 3 of this
IRR, the GOP negotiating panels shall adopt, as its default position, the use of this
IRR, or at the very least, selection through competitive bidding, in all Foreign-funded
Procurement. If the Treaty or International or Executive Agreement states otherwise,
then the negotiating panels shall explain in writing the reasons therefor.
This IRR shall not apply to the following activities:
a. Procurement for goods, infrastructure projects, and consulting services
funded from Foreign Grants covered by R.A. 8182, as amended by R.A. 8555,
entitled “An Act Excluding Official Development Assistance (ODA) from the
Foreign Debt Limit in order to Facilitate the Absorption and Optimize the
Utilization of ODA Resources, Amending for the Purpose Paragraph 1,
Section 2 of Republic Act No. 4860, As Amended”, unless the GOP and the
foreign grantor/foreign or international financing institution agree otherwise;
b. Acquisition of real property which shall be governed by R.A. 8974, entitled “An
Act to Facilitate the Acquisition of Right-of-Way Site or Location for National
Government Infrastructure Projects and for Other Purposes,” and other
applicable laws; and
c. Public-Private sector infrastructure or development projects and other
procurement covered by R.A. 6957, as amended by R.A. 7718, entitled “An
Act Authorizing the Financing, Construction, Operation, and Maintenance of
Infrastructure Projects by the Private Sector, and for Other Purposes,” as
amended: Provided, however, That for the portions financed by the GOP,
regardless of the source of funds, whether local or foreign, the provisions of
this IRR shall apply. (Section 4 R.A. 9184)
4. Definition of the following:
a. Infrastructure Project
i. Include the development, upkeep, demolition, repair, restoration,
or maintenance of roads, bridges, railways, airports, seaports,
communication facilities, civil works components of information
technology projects, shore protection, irrigation, flood control
and drainage, water supply, sanitation, sewerage, and solid
waste management systems, national buildings, school
buildings, hospital buildings, and For the purposes of this IRR
and throughout, the terms "Infrastructure Projects" and "civil
works" or "works" must have the same meaning and be used
interchangeably.
b. Head of Procuring Entity
i. Refers to: (i) the head of the agency or body, or his duly
authorized representative, for NGAs, constitutional commissions
or offices, and branches of government; (ii) the governing board,
or its duly authorized representative, for GOCCs, GFIs, and
SUCs; or (iii) the local chief executive, for LGUs; provided,
however, that in an agency, department, or office where the
procurement is decentralized, the head of each.
c. Goods
i. Refer to all equipment, furniture, stationery, construction
materials, and general support services that may be required in
the course of conducting public business or pursuing any
government undertaking, project, or activity, including
non-personal or contractual services such as the repair and
maintenance of equipment, but excluding consulting services
and infrastructure projects. The phrase "related" or "analogous
services" shall mean, without limitation, the leasing or buying of
office space, media ads, health maintenance services, and other
services necessary for the functioning of the purchasing
organization.
d. Government Procuring Policy Board
i. Every public procurement is subject to monitoring by the GPPB.
The Director-General of NEDA serves as the Alternative
Chairman, with the Secretary of the Department of Budget and
Management serving as the Chairman. The Secretaries of the
Departments of Public Works and Highways, Finance, Trade
and Industry, Health, National Defense, Education, Interior and
Local Government, Science and Technology, Transportation and
Communications, and Energy make up the members of the
Board. The President additionally appoints a member of the
Board who represents the business sector. In order to
participate as Resource People in GPPB Meetings,
representatives from the Commission on Audit, pertinent
government agencies, and professional groups from the
business sector are invited.
e. Philippine Government Electronic Procurement Program
i. The PhilGEPS (Philippine Government Electronic Procurement
System) is the single, centralized electronic portal that shall
serve as the primary and definitive source of information on
government procurement. (Section 8 R.A. 9184)
REFERENCES:
● Government's tool for procurement reforms. PhilGEPS. (n.d.). Retrieved
March 15, 2023, from
https://notices.philgeps.gov.ph/GEPSNONPILOT/aboutGEPS/aboutGEPS.asp
x?menuIndex=5
● Implementing the COSO 2013’s - events.development.asia. (n.d.). Retrieved
March 15, 2023, from
https://events.development.asia/system/files/materials/2017/04/201704-imple
menting-coso-17-principles-audit.pdf
● PS-PhilGEPS. (n.d.). Retrieved March 15, 2023, from
https://ps-philgeps.gov.ph/home/images/legalbases/RevisedIRR.RA9184.pdf
