““An Act providing for the Modernization, Regulation and An Act providing for the Modernization, Regulation and Standardization of the Procurement Activities of the Standardization of the Procurement Activities of the

Government and for other PurposesGovernment and for other Purposes””

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:

Transparencyo wide dissemination of bid opportunities and the participation of

pertinent non-government organizations. o Proper documentation and maintenance of records

Competitivenesso 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

System of Accountability o Public officials directly or indirectly involved in the procurement

process are responsible and liable for their actions relative thereto

Public Monitoringo Reports submission to GPPB; observers from NGOs, POs and

other public and private sectors

Compositiono The BAC shall have at least FIVE (5) MEMBERS, but not more

than SEVEN (7) MEMBERS Responsibilities

o Recommend Method of Procuremento Create TWGo Advertise/Post Invitation to Bido Pre-Procurement & Pre-Bid Conferenceso Eligibility Checko Receive & Open Bidso Evaluate Bids (with assistance of TWG)o Post-Qualificationo Resolve Motions for Reconsiderationo Recommend Award of Contracto Recommend Imposition of Sanctions

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 documentso Assist BAC in eligibility check/short-listingo Assist BAC in bid evaluation and preparation of

reportso Assist BAC in post-qualification and prepare the

post-qualification summary reporto Assist BAC and BAC Secretariat prepare Resolution

Recommending Award, with regard to technical aspect, if necessary

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.

Approved Budget for the Contract (ABC) Refers to budget for the contract duly approved

by the Head of the Procuring Entity Approved Budget is CEILING for bid prices Invitation to Bid should specify the APPROVED

BUDGET for the contract and the source of funding

In determining ABC, consider: Appropriation for the project/procurement Market price Inflation and cost of money directly related

to the procurement timetable

Procurement Project Management Plan it is a procurement plan for goods, infrastructure it is a procurement plan for goods, infrastructure

projects and consulting servicesprojects and consulting services shall specify the type of contract to be employed, shall specify the type of contract to be employed,

extent/size of contract, scope/packages, the extent/size of contract, scope/packages, the procurement methods to be adapted, (indicating if procurement methods to be adapted, (indicating if the procurement task is to be “outsourced”), time the procurement task is to be “outsourced”), time schedule for each procurement activity and the schedule for each procurement activity and the estimated Budget for each procurement.estimated Budget for each procurement.

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.

APP should consider the following factors:1. The APP should include all procurement activities

planned for the year2. 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.

PPMP(with

Tech. Specs and estimates

APP

PR

End-users

Reviewed by TWG and Budget

Officer

Recommended by Vice President and

approved by the HOPE

Consolidated by the BAC

Purchase Request based on APP timelines

Delivered goods shall be accepted

by the Supply Office

End User

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 Cover all types of procurement whether

than manually or electronically