R EPUBLIC A CT 9184
G OVERNMENT P ROCUREMENT
R EFORM A CT
, Republic Act No. 9184
H. No. 4809
S. No. 2248
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the t wenty-second day of July,
two thousand two.
[REPUBLIC ACT NO. 9184 ] 1
AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION
AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE
GOVERNMENT AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the “Government
Procurement Reform Act.”
SEC. 2. Declaration of Policy. – It is the declared policy of the State to promote
the ideals of good governance in all its branches, departments, agencies, subdivisions, and
instrumentalities, including government-owned and/or -controlled corporations, and local
government units.
SEC. 3. Governing Principles on Government Procurement. – All
procurement of the national government, its departments, bureaus, offices and agencies,
including state universities and colleges, government-owned and/or -controlled corporations,
government financial institutions and local government units, shall, in all cases, be governed
by these principles:
1
R.A. 9184 was signed by Her Excellency President Gloria Macapagal-Arroyo on 10 January 2003, and was
published on 11 January 2003, in two (2) newspapers of general nationwide circulation, namely, Manila Times
and Malaya. It took effect fifteen (15) days after its publication or on 26 January 2003.
1
, Republic Act No. 9184
(a) Transparency in the procurement process and in the implementation of
procurement contracts.
(b) Competitiveness by extending equal opportunity to enable private contracting
parties who are eligible and qualified to participate in public bidding.
(c) Streamlined procurement process that will uniformly apply to all government
procurement. The procurement process shall be simple and made adaptable to advances in
modern technology in order to ensure an effective and efficient method.
(d) System of accountability where both the public officials directly or indirectly
involved in the procurement process as well as in the implementation of procurement
contracts and the private parties that deal with government are, when warranted by
circumstances, investigated and held liable for their actions relative thereto.
(e) Public monitoring of the procurement process and the implementation of
awarded contracts with the end in view of guaranteeing that these contracts are awarded
pursuant to the provisions of this Act and its implementing rules and regulations, and that all
these contracts are performed strictly according to specifications.
SEC. 4. Scope and Application. – This Act shall apply to the Procurement of
Infrastructure Projects, Goods, and Consulting Services, regardless of source of funds,
whether local or foreign, by all branches and instrumentalities of government, its
departments, offices and agencies, including government-owned and/or -controlled
corporations and local government units, subject to the provisions of Commonwealth Act No.
138. Any treaty or international or executive agreement affecting the subject matter of this
Act to which the Philippine government is a signatory shall be observed.
SEC. 5. Definition of Terms. – For purposes of this Act, the following terms or
words and phrases shall mean or be understood as follows:
(a) Approved Budget for the Contract (ABC) – refers to the budget for the
contract duly approved by the Head of the Procuring Entity, as provided for in the General
Appropriations Act and/or continuing appropriations, in the case of National Government
Agencies; the Corporate Budget for the contract approved by the governing Boards,
pursuant to E.O. No. 518, series of 1979, in the case of Government-Owned and/or -
Controlled Corporations, Government Financial Institutions and State Universities and
Colleges; and the Budget for the contract approved by the respective Sanggunian, in the
case of Local Government Units.
(b) BAC – refers to the Bids and Awards Committee established in accordance with
Article V of this Act.
(c) Bidding Documents – 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.
(d) Bid – refers to a signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in response to the Bidding Documents.
(e) Competitive Bidding – 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
2
G OVERNMENT P ROCUREMENT
R EFORM A CT
, Republic Act No. 9184
H. No. 4809
S. No. 2248
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the t wenty-second day of July,
two thousand two.
[REPUBLIC ACT NO. 9184 ] 1
AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION
AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE
GOVERNMENT AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the “Government
Procurement Reform Act.”
SEC. 2. Declaration of Policy. – It is the declared policy of the State to promote
the ideals of good governance in all its branches, departments, agencies, subdivisions, and
instrumentalities, including government-owned and/or -controlled corporations, and local
government units.
SEC. 3. Governing Principles on Government Procurement. – All
procurement of the national government, its departments, bureaus, offices and agencies,
including state universities and colleges, government-owned and/or -controlled corporations,
government financial institutions and local government units, shall, in all cases, be governed
by these principles:
1
R.A. 9184 was signed by Her Excellency President Gloria Macapagal-Arroyo on 10 January 2003, and was
published on 11 January 2003, in two (2) newspapers of general nationwide circulation, namely, Manila Times
and Malaya. It took effect fifteen (15) days after its publication or on 26 January 2003.
1
, Republic Act No. 9184
(a) Transparency in the procurement process and in the implementation of
procurement contracts.
(b) Competitiveness by extending equal opportunity to enable private contracting
parties who are eligible and qualified to participate in public bidding.
(c) Streamlined procurement process that will uniformly apply to all government
procurement. The procurement process shall be simple and made adaptable to advances in
modern technology in order to ensure an effective and efficient method.
(d) System of accountability where both the public officials directly or indirectly
involved in the procurement process as well as in the implementation of procurement
contracts and the private parties that deal with government are, when warranted by
circumstances, investigated and held liable for their actions relative thereto.
(e) Public monitoring of the procurement process and the implementation of
awarded contracts with the end in view of guaranteeing that these contracts are awarded
pursuant to the provisions of this Act and its implementing rules and regulations, and that all
these contracts are performed strictly according to specifications.
SEC. 4. Scope and Application. – This Act shall apply to the Procurement of
Infrastructure Projects, Goods, and Consulting Services, regardless of source of funds,
whether local or foreign, by all branches and instrumentalities of government, its
departments, offices and agencies, including government-owned and/or -controlled
corporations and local government units, subject to the provisions of Commonwealth Act No.
138. Any treaty or international or executive agreement affecting the subject matter of this
Act to which the Philippine government is a signatory shall be observed.
SEC. 5. Definition of Terms. – For purposes of this Act, the following terms or
words and phrases shall mean or be understood as follows:
(a) Approved Budget for the Contract (ABC) – refers to the budget for the
contract duly approved by the Head of the Procuring Entity, as provided for in the General
Appropriations Act and/or continuing appropriations, in the case of National Government
Agencies; the Corporate Budget for the contract approved by the governing Boards,
pursuant to E.O. No. 518, series of 1979, in the case of Government-Owned and/or -
Controlled Corporations, Government Financial Institutions and State Universities and
Colleges; and the Budget for the contract approved by the respective Sanggunian, in the
case of Local Government Units.
(b) BAC – refers to the Bids and Awards Committee established in accordance with
Article V of this Act.
(c) Bidding Documents – 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.
(d) Bid – refers to a signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in response to the Bidding Documents.
(e) Competitive Bidding – 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
2
