GENERAL PROVISIONS OF RA 9184 AND ITS REVISED IRR

Transcript:GENERAL PROVISIONS OF RA 9184 AND ITS REVISED IRR:
GENERAL PROVISIONS OF RA 9184 AND ITS REVISED IRR CAPACITY DEVELOPMENT DIVISION Government Procurement Policy Board Technical Support Office (GPPB-TSO) 1 Historical Background Early laws on Procurement In 1900, the United States Philippine Commission introduced the American practice of public bidding in procurement in the Philippines Act No. 22 – Chief Engineer of US Army acted as the purchasing agent of government Act No. 74 (1901) – mandated contracts for purchase of school supplies thru invitation to bid and the awarded to the lowest responsive bidder 2 Historical Background Act No. 82 (1901) – Provincial Governors and Municipal Mayors to enter into contracts for public works and purchase of office supplies thru competitive bidding Act No. 146 – creating Bureau of Supply (supplies, materials, equipment etc) EO 16 (1936) – No contract shall be entered into or renewed without public bidding 3 Historical Background The Administrative Code of the Philippines (1917) Procurement – acquisition of supplies, materials and equipment for the various offices and branches of Government (Supply Law) Bureau of Public Works – award of contracts for the construction and repair of national public works and improvements Procurement and Supply Law Office of Insular Purchasing Agent (1910) Division of Purchase and Supply (1932) The Procurement Office (1947) Bureau of Supply under Department of General Services (1958) 4 Historical Background Pre-Reform Procurement Legal Structures Procurement of Civil Works – Presidential Decree No. 1594 (1978) Procurement of Goods – EO No. 302 (1996), EO No. 201 (2000), as amended by EO 262 (2000) Procurement of Consulting Services – NEDA guidelines (1998) Procurement among LGUs – RA No. 7160 (1990) EO 40 (2001) – Consolidated procurement rules and regulations for NGAs, GOCCs and GFIs 5 Enactment of GPRA 6 Procurement Reforms 7 Consolidation of House Bill 4809 and Senate Bill 2248 Signed into law on 10 January 2003 Published on 11 January 2003 Took effect on 26 January 2003 IRR Part A took effect on 8 October 2003 Revised IRR took effect on 2 September 2009 Enactment of GPRA 8 Covers procurement of all government agencies General Rule is Public/Competitive Bidding Alternative Methods of Procurement allowed in highly exceptional cases Use of the Approved Budget for the Contract (ABC) as ceiling for the bid price Use of transparent, objective, and non-discretionary criteria Increased transparency in the procurement process Professionalization of procurement officials Inclusion of Penal and Civil Liabilities Key Features of GPRA