Implementing Rules and Regulations of Republic Act No. 12009: The New Government Procurement Act

RULE I: GENERAL PROVISIONS

This Implementing Rules and Regulations (IRR) is issued pursuant to Section 112 of Republic Act No. 12009, also known as the "New Government Procurement Act." The purpose of this IRR is to provide rules for the procurement activities of the Government of the Philippines (GoP) while promoting transparency, competitiveness, efficiency, accountability, sustainability, and good governance.

Section 1: Short Title and Purpose

The IRR is aimed at streamlining the procurement process from planning through to contract implementation, which is essential for delivering public services effectively.

Section 2: Declaration of Policy

Through this IRR, the GoP aims to ensure that public funds are used efficiently. It emphasizes good governance principles such as transparency, competitiveness, efficiency, accountability, public monitoring, professionalization of procurement, and sustainability.

Section 3: Governing Principles on Government Procurement

Transparency: Ensuring that procurement processes are open and accessible, promoting public trust.
Competitiveness: Guaranteeing equal opportunity for all eligible suppliers.
Efficiency: Implementing organized procurement processes that leverage technology.
Proportionality: Aligning procurement conditions to the project needs and scale.
Accountability: Holding public officials responsible for their procurement decisions.
Participatory Procurement: Engaging the public in monitoring procurement activities.
Sustainability: Ensuring that procurement considers the environmental impact.
Professionalism: Establishing standards for procurement professionals.

Section 4: Scope and Application

This IRR applies to all branches of the GoP and covers various entities like GOCCs, GFIs, and LGUs, with certain exceptions outlined for foreign funding regulations.

RULE II: STRATEGIC PROCUREMENT PLANNING

Section 7: Strategic Procurement Planning

A comprehensive procurement strategy should be implemented by all Procuring Entities that aligns with the entity's needs and encompasses environmental impact assessments, risk management strategies, and life cycle costing.

Section 8: Detailed Engineering for Infrastructure Projects

Prior to bidding for infrastructure projects, detailed engineering studies must be completed and approval must be obtained to ensure technical viability.

RULE III: PROCUREMENT BY ELECTRONIC MEANS

Section 20: PhilGEPS

The Philippine Government Electronic Procurement System (PhilGEPS) shall be utilized by all Procuring Entities to promote transparency and operational efficiency. The platform will serve as the primary source of procurement information.

RULE IV: MODES OF PROCUREMENT

Section 26: Modes of Procurement

Various modes of procurement are outlined including competitive bidding, limited source bidding, and direct contracting. Each method has specific conditions and procedures.

Section 27: Competitive Bidding

This mode allows for public participation and transparency in awarding contracts based on specified criteria.

RULE V: BIDS AND AWARDS COMMITTEE (BAC)

Section 41: The BAC and its Composition

The BAC shall manage procurement functions and will be composed of designated officials with procurement proficiency, ensuring integrity and fairness in the procurement process.

Section 42: Functions of the BAC

Recommend modes of procurement.
Publish invitations to bid.
Conduct eligibility screening.
Evaluate bids and recommend award of contracts.

RULE VI: PREPARATION OF BIDDING DOCUMENTS

Section 47: Form and Content of Bidding Documents

Bidding documents must reflect the procurement entity’s needs clearly and include, among others, the ABC, eligibility requirements, and technical specifications.

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RULE XX: ADMINISTRATIVE SANCTIONS

Section 92: Administrative Liability of Public Officers

Public officers may face administrative sanctions for various offenses including procurement delays, misuse of procurement procedures, and non-compliance with the procurement law.

RULE XXI: SUSPENSION AND BLACKLISTING

Section 98: Administrative Liability of Private Entities

Private entities found to violate procurement provisions may face penalties including fine, suspension, or blacklisting based on the severity of the offense.

Conclusion

This IRR embodies detailed procedures and regulations governing government procurement to enhance transparency, accountability, and value for money in public service delivery in the Philippines.

Implementing Rules and Regulations: Republic Act No. 12009 - New Government Procurement Act

Implementing Rules and Regulations: Republic Act No. 12009 - New Government Procurement Act