Latest Updates On The Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184

Latest Updates on the
Revised Implementing Rules and

Regulations (IRR) of
Republic Act (RA) No. 9184
1
2016 Revised IRR of RA 9184
Issue/s Revision Impact
Free Trade Mandates adherence to RA 9184 Provide
Negotiations or selection through competitive guidance and
bidding. Otherwise, negotiating directive in
panel shall ensure that the negotiations
reasons for the adoption of a for
international
different rule or method of
agreements
procurement are clearly reflected and executive
in the records of discussion. (Sec. agreements
4.3) (i.e. FTA)
2
Varying Enumerated activities that are not Clarification on
interpretations considered as procurement the
on what are undertakings under RA 9184 and its applicability of
covered by RA IRR: RA 9184 and
9184
its IRR
1. Direct financial or material
assistance to beneficiaries
2. Participation to scholarships,
trainings, continuing education etc.
3. Lease of gov’t property for private
use
4. Job order workers
5. Joint Venture Agreements between
Private Entities and GOCCs or LGUs
6. Disposal of property and assets
(Sec. 4.5)
3
Poor a. MYOA for Multi-year projects Improved
planning; (Sec. 5(b), 7.6); linkage of
Delay in budget to
budget b. Preparation of Indicative APP procurement;
approval; upon issuance of budget call or Efficiency in
Delay in similar document (Sec. 7.3) procurement;
procurement Improved
Under- c. Undertaking Procurement Short monitoring;
spending of Award (Sec. 7.6) Avoid splitting
d. Require submission of APP and of contracts
changes thereto to GPPB
(Sec.7.4)
4
Lack of Allows designation of an officer of the Increases the
members to next lower rank, in case of pool from
constitute unavailability of 5th ranking which HOPE
BAC permanent official (except for BAC select its BAC
Chairperson) (Sec. 11.2.2) members
In case of procurement outsourcing, a

representative from the Procuring
Entity may be designated as a
provisional member
The Chairperson and Vice-chairperson

shall be designated by the local chief
executive (Sec.11.2.2, 11.2.3(a),
11.2.3(b)(iii))
5
Lack of full- Allows designation of an officer of Fast-track
time BAC Sec the next lower rank, in case of procurement
members to unavailability of 5th ranking
support the permanent official
BAC in every
procurement
In case of ad hoc BAC Secretariat,
activity
the HOPE shall assign full-time
support staff in its BAC Secretariat
(Sec. 14.2)
6
Role of Duties of TWG: Avoids
TWG pinpointing of
1.) Review of the Technical responsibilities
Specifications, Scope of Work, and
Terms of Reference;
2.) Review of Bidding Documents;
3.) Shortlisting of Consultants;
4.) Eligibility Screening;
5.) Evaluation of Bids;
6.) Post-Qualification; and
7.) Resolution of Request for
Reconsideration (Sec. 12.1)
7
Lack of The HoPE shall ensure that the BAC, Procurement
training of its Secretariat and TWG members, Professionali-
HOPE, BAC, including other relevant zation
Secretariat procurement personnel are sent to
and TWG attend capacity development
program.
Within six (6) months upon

designation, the BAC, its Secretariat
and TWG members should have
satisfactorily completed such
training or program conducted,
authorized or accredited by the
GPPB through its Technical Support
Office.
8
Low-turn out a. Identify stages of procurement Increase
of when observers are invited; observers’
procurement participation
observers b. Increase the period of notice
from 3 to 5 days
c. Allow access or provide copy of

bidding documents
d. If no observer report within 7

days from activity, there is a
presumption that the BAC
followed the correct procedure
(Sec. 13)
9
Poor a. Bid documents shall reflect the Quality of
specifications necessary specifications required Goods for the
to meet the needs of the PE lowest prices
b. For mixed procurement, PE

shall specify all relevant
requirements for each
procurement type (Sec. 17.2)
Non- Provide instances when bid doc Fairness in
Refundable fees may be refunded to the procurement
Fee bidder, i.e. declaration of failure of
For bid docs bidding under Section 41 (Sec.
17.5)
10
Difficulty in Prohibition on brand names likewise
Ensure
preparing apply to the goods component of
compatibility,
technical Infrastructure Projects interoperability
and
specifications Consulting Services. (Sec. 18), performance,
functionality
Reference to and useful life
Brand Names However, PEs may indicate brand of the
names for items or parts that are equipment.
compatible with the existing fleet or
equipment of the same make and
brand and will maintain the
performance, functionality and
useful life of the equipment.
11
Poor Quality Requirement on detailed Quality of
of Works engineering is emphasized. (Sec. Goods for the
17.6) lowest prices
Delay in Commencement of the Fastrack

procurement procurement process for civil procurement
due to issues works short of award, until a activities
on right of permit to enter, deed of
way sale/donation, writ of possession
is issued (Sec. 17.6)
Volume of Institutionalize procurement by lot Efficiency in
Procurement (Sec. 21.1(b)) procurement
Requests
12
Newspaper a. Increase thresholds for Reduce
advertisement advertisement requirement government
cost for
newspaper
b. 2 years sunset clause on advertisements
advertisement requirement (Sec.
21.2.1)
Low a. Allow conduct of pre-bid via Clarifies
participation video-conferencing, webcasting procurement
of bidders in requirements;
pre-bid Reduce
b. Allow all prospective bidders disqualification;
(even those who did not buy bid Increase
docs) to raise queries (Sec. 22) competition
13
Disqualificati a. Mandatory registration under Easier

on of Platinum Membership (Sec. 8.5.2, eligibility
Bidders/ 25.2) check
Failure of
Biddings due Reduce
to Per GPPB Circular No. 07-2017 disqualification
documentary which took effect on 3 September of bidders/
requirements 2017, the mandatory requirement failure of
under Sec. 8.5.2 on the submission biddings
Low turn-out of PhilGEPS Certificate of Registration Increase
of bidders and Membership under Platinum competition
category for Competitive Bidding,
Limited Source Bidding and Two-
Failed Bidding has been deferred
until revoked by the GPPB.
14
Disqualification b. Mayor’s permit: Easier
of Bidders/ - Allows submission of recently expired eligibility
Failure of check
mayor’s permit with official receipt of
Biddings due
application for renewal of permit
to
documentary - Allows equivalent document Reduce
for
requirements economic zones (Sec. 23.1(a)(ii), disqualification
24.1(a)(ii)) of bidders/
Low turn-out failure of
c. For goods procurement, submission biddings
of bidders
of a Credit Line, as an alternative to Increase
NFCC (Sec. 23.1(a)(viii)) competition
15
Disqualification d. For goods and infrastructure projects, Easier
of fixing the NFCC’s K factor at 15, eligibility
Bidders/Failure regardless of contract duration (Sec. check
of Biddings 23.4.1.4, 23.4.2.7)
due to
documentary Reduce
requirements e. For individual consultants not disqualification
registered as sole proprietors, they can of bidders/
Low turn-out submit BIR Certificate of Registration failure of
of bidders instead of DTI and Mayor’s Permit (Sec. biddings
24.1(a)(ii)) Increase
competition
f. In consulting services, submission of
foreign bidders’ SEC Certificate of
Registration and/or PRC permit is
moved from eligibility to contract award
(Sec. 37.1.4(a)(iv))
16
Strict rules on Bid envelopes that are not properly Reduce
marking/ sealed and marked, as required in the disqualification
sealing of bids bidding documents, shall be accepted, of bidders
provided that the bidder or its duly
authorized representative shall
acknowledge such condition of the bid
as submitted. The BAC shall assume no
responsibility for the misplacement of
the contents of the improperly sealed or
marked bid, or for its premature
opening(Sec. 25.9)
17
Bid Rigging/ a. BAC Secretariat shall notify in Ensure
Simulation of writing all bidders whose bids it transparency
bids; has received through its PhilGEPS- and accurate
registered physical address or representation
official e-mail address (Sec. 25.7) of the bid
submission
b. The BAC shall notify all other

bidders, in writing, of its
recommendation to HOPE of award
of contract to LCRB/HRRB within 3
Calendar Days. (Sec. 37.1.1)
18
Procurement a. Exempts foreign bidders from the Encourage
by Foreign mandatory PhilGEPS Certificate of participation
Service Posts Registration (Sec. 25.2) of foreign
b. Winning bidder shall be required to bidders in the
register (Registration Number only) prior procurement
to contract signing. (Section 37.1.4(a)(ii) by FSPs
Bid and a. Allows the bidder to choose their Avoid undue

Performance preferred form of bid security (Sec. 27.2) disqualification
Securities of bidders who
b. Clarifies the required amount for Bid posted more
Security and Performance Security(Secs. than the
27.2 and 39.2) required
amount.
19
Technical Strengthen post-qualification process: Ensures
capability of a. For Goods, BAC shall check: technical
suppliers and capability of
1. Delay in the partial delivery of goods
contractors bidders from
amounting to ten percent (10%) of the
their past or
contract price in its ongoing contracts;
on-going
2. Bidder’s failure to deliver on schedule contracts
or within any time extension and such
failure amounts to at least ten percent
(10%) of the contract price; or
3. Unsatisfactory performance of the
supplier’s obligations as per contract
terms and conditions at the time of
inspection (Sec. 34.3(b)(iii))
20
Technical b. For Infrastructure Projects, BAC shall Ensures
capability of check: technical
suppliers and 1. Negative slippage of at least 15% in capability of
contractors any one project or a negative slippage bidders from
of at least 10% in each of 2 or more their past or
contracts; on-going
contracts
2. Failure of the contractor to
commence repair works on ongoing
contracts in accordance with Section
34.3
3. Failure of the contractor to
commence repair works on contracts
with pending certificates of acceptance
in accordance with Sec. 34.3
4. Substandard quality of work or
unsatisfactory performance at the time
of inspection.
21
Period of a. Re-scheduling of bid opening BAC/HOPE is

Action per (due to justifiable reasons, i.e given a
procurement lack of quorum, cancellation of standardized
activity office work due to bad weather): time to
determine the
 reschedule on the next working day eligibility and
or at the soonest possible time (Sec. capability of
29) bidders
b. Standardize/adjusted period of
action:
Bid Evaluation for goods and infra

 7 calendar days, regardless of
amount of ABC (Sec. 32.4)
22
Period of Post-qualification: BAC/HOPE is
Action per Within 12 calendar days, or up to 45 given more
procurement calendar days in exceptional cases for time to
activity goods & infrastructure projects, or up to determine the
30 calendar days for consulting services. eligibility and
capability of
In case of post-disqualification of the
bidders
LCB/HRB, the BAC is given a fresh
period to post-qualify the next
LCB/HRB. (Sec. 34.8)
Contract Approval by Higher

Authority:
NGAs, SUCs, LGUs, - 20 cd
GOCCs – 30 cd (Sec. 37.3)
23
Rate of Obligation for the warranty shall be Lower bid
warranty covered by either retention money prices
in an amount equivalent to at least
one percent (1%) but not to
exceed five percent (5%) of
every progress payment, or a
special bank guarantee equivalent
to at least one percent (1%) but
not to exceed five percent
(5%) of the total contract price
(GPPB Resolution No. 30-2017)
24
Retention For Goods, retention money is Reduce
Money reduced from fixed 10% to at least transaction cost
1% (Sec. 62) results to lower
bid prices
For Infrastructure Projects, retention

money is retained at 10%
Termination Once the cumulative amount of PE has the
of contract/ liquidated damages reaches ten discretion w/n to
Liquidated percent (10%) of the amount of the terminate the
contract,
damages contract, the Procuring Entity may especially when
rescind or terminate the contract, the Project is
without prejudice to other courses of near completion
action and remedies available under (but LD already
the circumstances. (Sec. 68) reached 10%)
25
Procurement Removed Procurement Agent as an Clarified that
Agent alternative modality. However, PE may
Procurement
still outsource their procurement
Agent is not a
activities by: method of
a) Requesting other GoP agencies to procurement.
undertake such procurement for
them
b) Engaging private procurement
agents in accordance with GPPB
Guidelines
c) Recruiting or engaging consultants to
assist them directly and/or train their
staff (Sec. 7.3.3)
26
Delay in Specific procurement activities Fastrack
procurement may be held on a Saturday, Sunday, procurement
process due to nonworking day or holiday: activities
declaration of provided, that the BAC, secretariat
holidays and TWG members shall be
available on such date, and the
appropriate supplemental/bid
bulletin is
issued and posted pursuant to the
posting requirements embodied in
section 22.5.3 of
this IRR.
(GPPB Resolution No. 21-2017)
31
Annex “H” of the 2016 Revised IRR
Stringent Prescribed Fastrack procurement

requirements for thresholds for the activities and higher
procurement with requirements on participation from
low ABC Income/Business bidders
Tax Return for SVP
and Omnibus Sworn
Statement for
Emergency Cases
and SVP
(GPPB Resolution
No. 21-2017)
35
Framework Agreement
(Resolution no. 12-2017)
– Provides guidelines on Framework Agreement
– For pilot testing of selected government

agencies
– For expendable or non-expendable goods (and

services) repeatedly required for the regular
course of business
37
Participation of Government Employees’
Cooperatives in Government Procurement
Activities
• Allows participation of Government Employees’

Cooperatives in procurement activities
• The aforementioned shall comply with existing

requirements and regulations
38
Overseas Procurement
• Foreign service posts shall not be required
to post activities in the PhilGEPS website
until modernization project has been
completed
• Continuous posting of RFQs and RFPs in

website and conspicuous area in the place
of the Procuring Entity
39
THANK YOU
Address: Unit 2506 Raffles Corporate Center, F. Ortigas Jr. Road,
Ortigas Center, Pasig City
Telephone: (+632) 9006741 to 44
Website: http://www.gppb.gov.ph
Email: gppb@gppb.gov.ph
45

Latest Updates On The Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184

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Latest Updates On The Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184

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Latest Updates on the

Revised Implementing Rules and

In case of procurement outsourcing, a

The Chairperson and Vice-chairperson

Within six (6) months upon

c. Allow access or provide copy of

d. If no observer report within 7

b. For mixed procurement, PE

Delay in Commencement of the Fastrack

Disqualificati a. Mandatory registration under Easier

b. The BAC shall notify all other

Bid and a. Allows the bidder to choose their Avoid undue

Period of a. Re-scheduling of bid opening BAC/HOPE is

Bid Evaluation for goods and infra

Contract Approval by Higher

(GPPB Resolution No. 30-2017)

For Infrastructure Projects, retention

(GPPB Resolution No. 21-2017)

Stringent Prescribed Fastrack procurement

– For pilot testing of selected government

– For expendable or non-expendable goods (and

• Allows participation of Government Employees’

• The aforementioned shall comply with existing

• Continuous posting of RFQs and RFPs in

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