ARTICLE I

GENERAL PROVISIONS
This Revised Implementing Rules and Regulations is promulgated pursuant to

Section 75 of Republic Act No. (R.A.) 9184, otherwise known as the “Government

Procurement Reform Act”, for the purpose of prescribing the necessary rules and

regulations for the modernization, standardization, and regulation of the procurement

activities of the Government of the Philippines. The provisions of this IRR are in line

with the commitment of the GOP to promote good governance and its effort to adhere

to the principle of transparency, accountability, equity, efficiency, and economy in its

procurement process. In order to systematize the procurement process, avoid problems

and ensure accountability, the GPPB shall seek the production and approval of generic

procurement manuals and uniform bid documents and forms, including forms to be

used for major procurement, such as drugs and textbooks.

ARTICLE II

PROCUREMENT PLANNING

For the purposes of this IRR, a procurement project is considered to be critical to the

efficient performance of government functions if it is necessary for day-to-day operations or if it

is in fulfillment of the key mandate of the procurement agency concerned. The APP shall be

authorized by the Head of the Procuring Entity or by a second-ranking official appointed by the

Head of the Procuring Entity to work on its behalf and shall be consistent with its duly approved

annual budget. The strategy shall consider the correct timing / phase of relevant project tasks,

such as engineering design.

 ARTICLE III

PROCUREMENT BY ELECTRONIC MEANS

The GPPB shall assess and approve compliance with the requirements set out above.

With regard to the procurement of non-common use products, infrastructure projects and

consulting services, agencies that, through competitive bidding, employ service providers to

perform their electronic procurement. Compliance with production schedules and other

performance indicators shall be tracked by manufacturers, suppliers, distributors, contractors and

consultants. Registration with the G-EPS is not equivalent to a finding of eligibility, nor is it a

guarantee that a producer, supplier, distributor, contractor or consultant may participate in a

public bid without first being confirmed to be qualified for that particular public bid. The G-EPS

shall consider observers, formally approved by the BAC, to control the procurement process on-

line: provided, however, that such observers have no direct or indirect interest in the contract to

be submitted. G-EPS shall be secured from unauthorized access or disruption by adopting

advanced features such as, but not limited to, firewalls. Periodic examinations shall be carried

out to ensure that the device cannot be compromised.

ARTICLE IV

COMPETITIVE BIDDING

Any procurement shall be made by competitive bidding, except as provided for in Rule

XVI of this IRR-A.

 ARTICLE V

BIDS AND AWARDS COMMITTEE

The BAC shall be committed to ensuring that the procurement entity complies with the

standards set out in the Act and this IRR-A and shall compile a follow-up report on procurement

that is approved and sent to the GPPB by the head of the procurement entity on a course basis. In

order to enhance and improve the professionalization of the procurement unit of the organization

it may consolidate this unit by appointing it as the BAC Secretariat and redeploying appropriate

existing staff to perform this role, as well as the procurement related tasks. The contracting body

may award fees to the members of the BAC not to exceed twenty-five per cent (25 per cent) of

their respective basic monthly income, subject to change of funds.

ARTICLE VI

PREPARATION OF BIDDING DOCUMENTS

The contracting documents shall be produced by the negotiating party in compliance with

the legal forms and guidelines provided by the GPPB.The requirements and other words in the

contract documents shall constitute the technical requirements or conditions required to meet the

needs of the contracting agency in clear and unambiguous terms. The requirement for the

procurement of products shall be focused on the applicable specifications and/or quality

specifications. Comparison to products shall not be allowed. According to their official release to

securityholders, no element of the contracting documents shall be published or transmitted to any

prospective bidder or to any individual having a direct or indirect interest in the project to be

procured, or to any party except those officially approved in the handling of the documents.
 ARTICLE VII

INVITATION TO BID

The BAC, through its Secretariat, shall call for a pre-procurement conference prior to the

announcement or issuance of the Invitation to Apply for Eligibility and to Bid for each

procurement conducted by means of a public tender. Ensure that the procurement is in

accordance with the project and annual procurement plans. Specify the preparation of the project

at task, including, but not limited to, confirmation of the availability of ROWs, ownership of the

affected resources, quality of funds and the contract budget scheduled. A general observation on

the requirements to be used by the contracting body for the qualification test, a partial list of

securityholders, for the selection of consulting services, for the analysis and evaluation of bids

and for post-qualification.

ARTICLE VIII

RECEIPT AND OPENING OF BIDS

The qualification letters of securityholders for the procurement of products, along with

the technical and financial envelopes, shall be provided at well before the time limit set out in the

Instructions to bidders and opened on the date of the opening of the bid to assess the

qualification of each prospective purchaser. A natural or legal person eligible by appropriate

training, training and relevant experience to provide any or all of the types and fields of

consulting services as specified in this IRR-A shall be considered to be a "contractor" subject to

the requirements out in this IRR-A for qualification and post-qualification. The BAC shall open

the bids at the time, date and location stated in the request to tender and the contracting

documents. The buyers or their duly authorized members may participate in the opening of the

bids.