RA 9184 Flashcards
(37 cards)
AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION
AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE
GOVERNMENT AND FOR OTHER PURPOSES
RA NO. 9184
This Act shall be known as the
GOVERNMENT PROCUREMENT ACT
refers to the budget for the
contract duly approved by the Head of the Procuring Entity
Approved Budget for the Contract (ABC)
– refers to the Bids and Awards Committee established in accordance with Article V of this Act.
BAC
refers to documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects, and Consulting Services to be provided.
BIDDING DOCUMENTS
refers to a signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the Bidding Documents.
BID
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
Republic Act No. 9184 3 opening of bids, evaluation of bids, post-qualification, and award of contract, the specific requirements and mechanics of which shall be defined in the IRR to be promulgated under this Act.
COMPETITIVE BIDDING
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 and/or capacity of the government to undertake
CONSULTING SERVICES
– refers to the Government Electronic Procurement System as provided
in Section 8 of this Act.
G-EPS
refer to all items, supplies, materials and general support services
GOODS
refers to the Government Procurement Policy Board established in accordance with Article XX of this Act.
GPPB
the head of the agency or his duly
authorized official, for national government agencies
Head of the Procuring Entity
include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid
waste management systems, shore protection, energy/power and electrification facilities,
national buildings, school buildings, hospital buildings and other related construction
projects of the government.
Infrastructure Project
refer to the implementing rules and regulations to be promulgated in accordance with Section 75 this Act.
IRR
– refers to a website that aggregates a wide variety of content for the purpose of attracting a large number of users.
PORTAL
– refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity.
PROCUREMENT
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.
PROCURING ENTITY
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.
Standardization of Procurement Process and Forms.
All procurement should be within the approved budget of the Procuring Entity and should be meticulously and judiciously planned by the Procuring Entity concerned. Consistent with government fiscal discipline measures, only those considered crucial to the efficient discharge of governmental functions shall be included in the Annual Procurement Plan to be specified in the IRR.
Procurement Planning and Budgeting Linkage.
To promote transparency and
efficiency, information and communications technology shall be utilized in the conduct of
procurement procedures.
Procurement By Electronic Means. –
The G-EPS shall ensure the
security, integrity and confidentiality of documents submitted through the system.
Security, Integrity and Confidentiality.
All Procurement shall be done through Competitive Bidding, except as provided for in Article XVI of this Act.
Competitive Bidding.
To assist the BAC in the conduct of its functions, the Head of the Procuring Entity shall create a Secretariat that will serve as the main support unit of the BAC.
BAC Secretariat.
Specifications for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements.
Reference to brand names shall not be allowed.
Reference to Brand Names