Government Procurement Reform Act

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CHAPTER TEN: THE GOVERNMENT PROCUREMENT ACT (R.A. nine thousand one hundred eighty-four)

AN ACT PROVIDING FOR THE MODERNIZATION,

STANDARDIZATION AND

REGULATION OF THE

PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES.

ARTICLE ONE: GENERAL PROVISIONS

SECTION ONE. Short Title. - This Act shall be known as the "Government Procurement Reform Act."

SECTION TWO. 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 THREE. Governing Principles on Government Procurement. - All procurement of the national government, its departments, bureaus, offices and agencies, including state universities and colleges, government-owned and/or -controlled corporations, government financial institutions and local government units, shall, in all cases, be governed by these principles:

SECTION FOUR. Scope and Application. - This Act shall apply to the Procurement of Infrastructure Projects, Goods, and Consulting Services,

SECTION FIVE. Definition of Terms. - For purposes of this Act, the following terms or words and phrases shall mean or be understood as follows:

· ABC (Approved Budget for the Contract)

· BAC (Bids and Awards Committee)

· Bidding Documents - refers to documents issued by the Procuring Entity as the basis for Bids.

· Bid- refers to a signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the Bidding Documents.

· Competitive Bidding - refers to a method of procurement which is open to participation by any interested party.

· Consulting Services- refer to services for Infrastructure Projects and other types of projects or activities of the Government requiring adequate external technical and professional expertise that are beyond the capability.

· G-EPS Electronic (Government Procurement

System

· Goods - refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects.

· GPPB (Government Procurement Policy Board)

· Infrastructure Projects include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components and other related construction projects of government.

· IRR (Implementing Rules and Regulations)

· Portal - refers to a website that aggregates a wide variety of content for the purpose of attracting a large number of users.

· Procurement - refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity.

· Procuring Entity - refers to any branch, department, office, agency, or instrumentality of the government, including state universities and colleges, government owned and/or -controlled corporations, government financial institutions, and local government units procuring Goods, Consulting Services and Infrastructure Projects.

SECTION SIX. Standardization of Procurement Process and Forms. - To systematize the procurement process, avoid confusion and ensure transparency, the procurement process, including the forms to be used, shall be standardized insofar as practicable.

SECTION SEVEN. Procurement Planning and Budgeting Linkage. - All procurement should be within the approved budget of the Procuring Entity and should be meticulously and judiciously planned by the Procuring Entity concerned.

SECTION EIGHT. Procurement By Electronic Means. - To promote transparency and efficiency, information and communications technology shall be utilized in the conduct of procurement procedures.

SECTION NINE. Security, Integrity and Confidentiality. - The G-EPS shall ensure the security, integrity and confidentiality of documents submitted through the system. It shall include a feature that provides for an audit trail for on-line transactions and allow the Commission on Audit to verify the security and integrity of the systems at any time.

ARTICLE THREE: COMPETITIVE BIDDING

ARTICLE FIVE. BIDS AND AWARDS COMMITTEE

ARTICLE SIX: PREPARATION OF BIDDING DOCUMENTS

ARTICLE SEVEN: INVITATION TO BID

ARTICLE EIGHT: RECEIPT AND OPENING OF BIDS

ARTICLE NINE: BID EVALUATION

SECTION THIRTY-ONE. Ceiling for Bid Prices

SECTION THIRTY-TWO. Bid for the Procurement of Goods and Infrastructure Projects

SECTION THIRTY-THREE. Bid Evaluation of Short Listed Bidders for Consulting Services

ARTICLE TEN: POST-QUALIFICATION

SECTION THIRTY-FIVE. Failure of Bidding

SECTION THIRTY-SIX. Single Calculated/Rated and Responsive Bid Submission

ARTICLE ELEVEN: AWARD, IMPLEMENTATION AND TERMINATION OF THE CONTRACT

SEC. thirty-eight. Period of Action on Procurement Activities

SEC. thirty-nine. Performance Security

SEC. forty. Failure to Enter into Contract and Post Performance Security

SEC. forty-one. Reservation Clause

SEC. forty-two. Contract Implementation and Termination

ARTICLE Twelve: Domestic and Foreign Procurement

ARTICLE Thirteen: Bidding of Provincial Projects

SEC. forty-five. Provincial Bidders

ARTICLE Fourteen: Lease of Computers, Communications, Information and Other Equipment

ARTICLE Fifteen: Disclosure of

SEC. forty-seven. Disclosure of Relations

ARTICLE Sixteen: Alternative Methods of Procurement

SEC. forty-nine. Limited Source Bidding

SEC. fifty. Direct Contracting

SEC. fifty-one. Repeat Order

SEC. fifty-two. Shopping

SEC. fifty-three. Negotiated Procurement

SEC. fifty-four. Terms and Conditions for the use of Alternative Methods

ARTICLE seventeen: PROTEST MECHANISM

SEC. fifty-six. Resolution of Protests

SEC. fifty-seven. Non-interruption of the Bidding Process

SEC. fifty-eight. Report to Regular Courts; Certiorari

ARTICLE eighteen: SETTLEMENT OF DISPUTES

SEC. sixty. Appeals

ARTICLE nineteen: CONTRACT PRICES AND WARRANTIES

SEC. sixty-two. Warranty

ARTICLE twenty THE GOVERNMENT PROCUREMENT POLICY BOARD

SEC. sixty-four. Membership.

ARTICLE twenty-one PENAL CLAUSE

SEC. Sixty-six. Jurisdiction.

ARTICLE Twenty-two Civil Liability

SEC. Sixty-eight. Liquidated Damages.

ARTICLE Twenty-three Administrative

SEC. Sixty-nine. Imposition of Administrative Penalties.

SEC. Seventy. Preventive Suspension.

SEC. Seventy-one. Lifting of Suspension and Removal of Administrative Disabilities.

ARTICLE Twenty-four Legal Assistance and Indemnification of BAC Members

SEC. Seventy-three. Indemnification of BAC Members.

ARTICLE twenty-five FINAL PROVISIONS

SEC. seventy-five. Implementing Rules and Regulations and Standard Forms.

SEC. seventy-six. Repealing Clause.

SEC. seventy-seven. Separability Clause.

SEC. seventy-eight. Effectivity Clause.

Overview

The Government Procurement Reform Act aims to modernize, standardize, and regulate the procurement activities of the government, promoting transparency and efficiency. It details procedures and principles governing the procurement process.

Key Points

1The act standardizes procurement processes to ensure transparency and efficiency
2It applies to all branches and departments of the government, including local government units
3A Bids and Awards Committee (BAC) is established for overseeing procurement
4Competitive bidding is mandated for procurement, except in specified cases
5The act includes provisions for the use of technology in procurement activities

Details

Category: Government and Policy

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