ICT role in 21st century education and it's challenges.
General Provisions of RA 9184
1. GENERAL PROVISIONS OF
RA 9184 AND ITS REVISED IRR
EMILY R. MARUNDAN
Ed.DELM 310 Educational Legislation
1
2. 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
3. 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
3
4. 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
5. Historical Background
Pre-Reform Procurement Legal Structures
1. Procurement of Civil Works – Presidential Decree No. 1594
(1978)
2. Procurement of Goods – EO No. 302 (1996), EO No. 201
(2000), as amended by EO 262 (2000)
3. Procurement of Consulting Services – NEDA guidelines
(1998)
4. Procurement among LGUs – RA No. 7160 (1990)
5. EO 40 (2001) – Consolidated procurement rules and regulations
for NGAs, GOCCs and GFIs
5
6. 6
Enactment of GPRA
Implementing
Rules and
Regulations
Executive
Orders
Administrative
Issuances
Memorandum
Circulars
Over 100 Procurement Rules and Regulations
Government Procurement Reform
Act
10 January 2003
Implementing Rules and Regulations
(IRR) Part A
8 October2003
Revised IRR
2 September 2009
7. 7
Procurement Reforms
PROBLEMS REFORMS
• Confusion caused by
fragmented legal system
• Enactment of the
Government Procurement
Reform Act (GPRA)
• Inconsistent policies,
rules, and regulations due
to lack of standards
• Creation of the Government
Procurement Policy Board
(GPPB)
• Lack of transparency • Use of PhilGEPS
• Lack of check and balance • Participation of civil
society
8. 8
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
9. 9
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
10. 10
Big procuring entities - defense, education,
health, public works, transportation and
communications
Oversight agencies - budget, planning, finance,
trade, science and technology, interior and local
government, energy
Private Sector Representative
Resource Persons (audit, anti-corruption
agencies)
GPPB as an Inter-Agency Body
11. 11
Policy-Making
Amend implementing rules & regulations of procurement law
(quasi-legislative function)
Prepare generic procurement manual and standard bidding
forms
Capacity Development
Establish a sustainable training program
Monitoring
Assist procuring entities improve their compliance
Review effectiveness of procurement law
GPPB Functions
12. 12
GPPB has no jurisdiction to rule over actual
controversies with regard to the conduct of the
bidding since it has no quasi-judicial functions
under the law.
It is the prerogative and discretion of the
procuring entity through its BAC to come up
with the declaration since they are in the best
position to determine the details of their Project.
(NPM 56-2013)
GPPB Functions
14. 14
Serves as the primary and definitive source of
information on all government procurement
Utilized for the procurement of common-use supplies to
take advantage of bulk purchasing
Features of the PhilGEPS
Electronic Bulletin Board
Electronic Registry
Electronic Catalogue
Virtual Store
Electronic Payment
Electronic Bid Submission
Philippine Government Electronic
Procurement System (PhilGEPS)
15. 15
§8.5.1 RA 9184 IRR requires suppliers, contractors, consultants to
register with PhilGEPS. It does not qualify based on threshold.
Inapplicability of the posting requirement is not tantamount to a
situation where PhilGEPS registration may also be dispensed with
since the amount of the project is not a factor for the condition to apply.
Registration with PhilGEPS is absolute, and must be complied with
regardless of the cost of procurement.
Reference: NPM 34-2013
PhilGEPS Registration
16. 16
Sections 23.4 and 24.4.3 allows the BAC of a procuring
entity to “maintain a registry system using the PhilGEPS
or its own manual or electronic system that allows
submission and/or recording of eligibility requirements
simultaneously with registration.” However, Prospective
bidders not included in the registry system should not
be precluded from participating in any procurement
opportunity.
PhilGEPS Registration
17. 17
This should not be considered an accreditation system,
and is not tantamount to a finding of eligibility, nor a
guarantee that the registered supplier, contractor, or
consultant will be eligible for any particular procurement
activity or contract award. (NPM 16-2013)
PhilGEPS Registration
18. 18
During Public Bidding
Participates as Observer in all stages of the
procurement process
During Contract Implementation
National Text Book Delivery Program “Text
Book Count 1-2-3”
Medicine Monitoring by NAMFREL
Participation of CSOs
19. 19
JSDF PROJECT
R.A. 9184 applies to all branches and/or instrumentalities of
the government:
1. National Government Agencies (NGAs)
2. State Universities and Colleges (SUCs)
3. Government Owned or Controlled Corporations
(GOCCs)
4. Government Financial Institutions (GFIs)
5. Local Government Units (LGUs)
Scope and Coverage
20. 20
It shall apply to all procurement activities involving:
1.Goods and Services
2.Infrastructure Projects
3.Consulting Services
Scope and Coverage
21. 21
Scope and Coverage
Section 4, Revised IRR
All fully domestically-funded procurement activities
All foreign-funded procurement activities, unless otherwise provided in a
treaty or int’l/executive agreement
As may be agreed upon by the GOP and IFI in their treaty or
int’l/executive agreement
• Projects funded from foreign grants
• Projects for International Competitive Bidding
• Consulting Services for National Competitive Bidding
22. 22
EXCEPT:
Procurement for goods, infrastructure projects, and consulting
services funded from Foreign Grants covered by R.A. 8182, as
amended by R.A. 8555, entitled “An Act Excluding Official
Development Assistance (ODA) from the Foreign Debt Limit in order
to Facilitate the Absorption and Optimize the Utilization of ODA
Resources, Amending for the Purpose Paragraph 1, Section 2 of
Republic Act No. 4860, as amended”, unless the GOP and the foreign
grantor/foreign or international financing institution agree otherwise;
Acquisition of real property which shall be governed by R.A. 8974,
entitled “An Act to Facilitate the Acquisition of Right-of-Way Site or
Location for National Government Infrastructure Projects and for
Other Purposes,” and other applicable laws;
Scope and Coverage
23. 23
Public-Private sector infrastructure or development
projects and other procurement covered by R.A. 6957, as
amended by R.A. 7718 (BOT Law), entitled “An Act Authorizing
the Financing, Construction, Operation and Maintenance of
Infrastructure Projects by the Private Sector, and for Other
Purposes,” as amended;
Disposal of government properties;
1. Commission on Audit Circular No. 86-264
2. National Budget Circular No. 425
Scope and Coverage
24. 24
Leasing out of publicly-owned real property for
private use
- Transactions where a government agency
leases out its real property for private use, such
as in the case of a canteen or food
concessionaire, are governed by Executive
Order 301 (Series of 1987), particularly Section
7 thereof, and its associated guidelines.
- Implementing Guidelines for Lease of Privately-
Owned Real Estate guidelines will only apply to
lease of privately-owned real estate by
government agencies for official use. (NPM 50-
2013)
[
Scope and Coverage
25. 25
Formation of Joint Venture Partnerships
between government corporations and private
entities.
- Where a project pertains to a JV between a
GOCC and a private entity in pursuit of
development goals, the rules for such
transaction are either covered by the Joint
Venture Guidelines issued by NEDA
pursuant to §8 of EO 423 (s. 2005); or by
RA 6957 (BOT Law), as amended by RA
7718. RA 9184 and its IRR, including its
Scope and Coverage
27. What is PROCUREMENT?
Procurement refers to the acquisition
of goods, consulting services, and the
contracting for infrastructure projects by
procuring entity.
(Sec. 5(aa), IRR, R.A. 9184)
27
28. GOODS
Refer to –
All items, supplies and materials
Including general support services
Which may be needed in the project or activity,
whether in the nature of equipment, furniture,
stationery, or contractual services, such as:
1.repair and maintenance of equipment and
furniture
2.trucking, hauling, janitorial and security and
other related and analogous services.
EXCEPT: consulting services and infrastructure
28
29. 29
Refer to -
construction, improvement, rehabilitation, repair /restoration of civil
works components of :
1.IT projects
2.Irrigation
3.flood control and drainage
4.water supply
5.sanitation, sewerage and solid waste management
6.national buildings, hospital buildings, and other related
constructions projects of the Government.
RA 9184 and its IRR does not apply to Public/Private Sector
Infrastructure Projects under RA 6957 (Act Authorizing Financing,
Construction, Operation and Maintenance of Infra Projects by the
Private Sector.) as amended by R.A. 7718 (BOT Law)
INFRASTRUCTURE PROJECTS
30. CONSULTING SERVICES
Refer to services for Infrastructure Projects and other
types of projects or activities of the Government
requiring adequate external technical and
professional expertise that are beyond the
capability and/or capacity of the Government to
undertake such as, but not limited to:
(i) advisory and review services;
(ii) pre-investment or feasibility studies;
(iii)design;
(iv)construction supervision;
(v)management and related services; and
31. 31
MIXED PROCUREMENT
In case of projects involving mixed
procurements, the nature of the procurement,
shall be determined based on the primary
purpose of the contract.
Determination shall be made by the procuring
entity.
32. 32
DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
PE is in the best position to determine the
correct classification of its procurement based
on its identified needs and the best way by
which these needs may be addressed,
managed, and satisfied.
It is the motivation or intention of the PE in
pursuing the project that will determine the
33. 33
DETERMINATION OF TYPE OF
PROCUREMENT
Classification of ICT Services
PE should be guided by the parameters
and conditions in the relevant provisions
of RA 9184 and its IRR on what should be
considered as Goods, Infrastructure
Projects or Consulting Services
procurement. (NPM 11-2013)
35. 35
P ublic Monitoring
Awareness and vigilance
A ccountability
Responsibility over actions/decisions (“Answerable”)
C ompetitiveness
Equal opportunity to all eligible bidders
T ransparency
Wider dissemination of bid opportunities
S treamlined Process
Uniformly applicable to all government agencies
Effective and efficient method
Governing Principles
36. 36
1.Allows public involvement of qualified and eligible Civil
Society Organizations (NGOs, PAs, academic institutions,
and religious groups) to observe and monitor the
procurement process until contract implementation.
2.Increased transparency of procurement transactions.
Essence of PUBLIC
MONITORING
37. 37
Pertinent laws and the prescribed
procedures must be faithfully complied
with in the discharge of functions in all
stages of the procurement process as
well as the implementation of contracts.
Private parties that deal with government
should also be held accountable for their
actions.
ACCOUNTABILITY OF
PUBLIC OFFICIALS
38. 38
As a rule, procurement must be conducted
through competitive bidding process, unless
otherwise provided under GPRA, its IRR and this
Manual, then the Alternative Methods of
Procurement can be resorted to.
This is to guarantee:
1.Equitable and fair grounds for competition
among bidders.
2.That no single bidder significantly influences the
outcome of the bidding.
How to ensure
COMPETITIVENESS
39. 39
1. Posting in the Procuring Entity’s website,
2. Posting in the PhilGEPS website, and
3. Posting in a conspicuous place within the
premises of the PE is required for all
procurements.
4. Each procurement transaction must be properly
documented and such records must be
maintained and made available to proper
parties.
How to ensure
TRANSPARENCY
40. 40
1. Uniform application to all government
procurements.
2. Simple and adaptable to advances in
modern technology in order to ensure an
effective and efficient method of
procurement.
GPPB conducts a periodic review of government
procurement procedures, and whenever necessary,
formulates and implements changes thereto.
Essence of STREAMLINED
PROCUREMENT SYSTEM
42. 42
All Procurement shall be done through competitive
bidding except as provided in R.A. 9184.
Resort to alternative methods shall be made:
Only in highly exceptional cases
To promote economy and efficiency
Justified by conditions specified in R.A. 9184 and its
IRR
Procurement Methods
47. 47
FUNCTIONS AND RESPONSIBILITIES:
1. Establishes BAC and appoints its members
Ensures that BAC members give their utmost priority
to duties
Ensures professionalization of members of the
procurement organization
2. Approves the Annual Procurement Plan (APP)
3. Approves/Disapproves the Contract Award
4. Resolves Protests
HEAD OF PROCURING ENTITY
(HOPE)
48. 48
As a general rule, HOPE must create a single BAC.
However, separate BACs may be created under any of the
following conditions:
1.The items to be procured are complex or specialized;
2.If the single BAC cannot reasonably manage the
procurement transactions as shown by delays beyond the
allowable limits; or
3.If the creation is required according to the nature of the
procurement.
BIDS AND AWARDS COMMITTEE
(BAC)
49. 49
PE’s creation of sub-BACs to be placed under
a main BAC is not in compliance with the
requirements under Sec 11 of the IRR of RA
9184.
PE may, however, establish separate BACs
with the composition of the BAC members
subject to the qualifications under Section 11.2.2
of the IRR of RA 9184. Each BAC shall not be
considered as decentralized committees
pursuant to Section 11.1.2 of the IRR since it will
BIDS AND AWARDS COMMITTEE
(BAC)
50. 50
FUNCTIONS AND RESPONSIBILITIES:
Recommends Procurement Method
Creates a Technical Working Group (TWG)
Conducts the bidding activities
Resolves Requests for Reconsideration
Recommends Imposition of Sanctions
Invites Observers during all stages of the procurement
process
Conducts due diligence review or verifications of the
qualifications of observers
Prepares Procurement Monitoring Report
BIDS AND AWARDS COMMITTEE
(BAC)
51. 51
MEMBERSHIP AND QUALIFICATIONS:
BAC members should occupy plantilla positions with
the procuring entity concerned.
All members are regular members except the end-user
member who is considered as a provisional member.
The members, whether regular or provisional, are equally
entitled to participate and to vote during deliberations.
BIDS AND AWARDS COMMITTEE
(BAC)
52. 52
COMPOSITION: 5 but not more than 7 MEMBERS
designated by the HOPE
1.Regular Members:
Chairperson (3rd Ranking Permanent Official);
Member representing the Legal or Administrative areas (5th or 3rd
Ranking Permanent Personnel);
Member representing the Finance Area (5th or 3rd Ranking
Permanent Personnel);
2. Provisional Members
Officer possessing Technical expertise relevant to the procurement.
End user unit Representative.
BIDS AND AWARDS COMMITTEE
(BAC)
53. 53
The members including the Chairman shall be designated by
the Head of the Procuring Entity.
Regular Members
1.Chairman (At least 3rd
Ranking Permanent Official);
2.Member representing the Legal or Administrative areas of the
procuring entity;
3.Member representing the Finance Area of the Procuring Entity.
Provisional Members
1. An officer who has Technical expertise relevant to the procurement.
2.Representative from the end user unit.
BAC for NGAs, GOCCs, GFIs and SUCs
54. 54
The Local Chief Executive shall designate the members of
the BAC.
The BAC members shall elect among themselves who shall
act as the Chairman and Vice-Chairman.
Members:
1.Administrator’s Office
2.Budget Office
3.Legal Office
4.Engineering Office
5.General Services Office
6.End User Office
BAC for Local Government Units
55. 55
Same qualifications as their principals.
Same term as the principal.
Presence of alternate BAC members in BAC meetings
are considered for purposes of quorum.
The relationship of the principal and the
alternate is of co-equal nature, rather than
hierarchical.
Accountability shall be limited to their respective
acts and decisions.
Shall be entitled to the corresponding honoraria
for attendance in meetings.
Alternate BAC Members
56. 56
TERMS OF MEMBERSHIP:
The BAC members shall be designated for a term of one
(1) year only, reckoned from the date of designation.
However, the HOPE may renew or terminate such
designation at his discretion.
Upon expiration of the terms of the current members, they
shall continue to exercise their functions until new BAC
members are designated.
BIDS AND AWARDS COMMITTEE
(BAC)
57. 57
TERMS OF MEMBERSHIP:
In case of resignation, retirement, separation,
transfer, re-assignment, or removal of a BAC
member, the HOPE shall designate a replacement that
has similar qualifications as the official replaced.
The replacement shall serve for the unexpired term. In
case of leave or suspension, the replacement shall serve
only for the duration of the leave or suspension.
BIDS AND AWARDS COMMITTEE
(BAC)
58. 58
1.Head of the Procuring Entity
2.Official who approves procurement contracts;
Designation of the HOPE’s Executive Assistant (EA) as
Provisional Member of the BAC - only when the EA is an
approving authority that it is disqualified under §11.2.5 of
the IRR of RA 9184 from becoming a BAC member.
(NPM 32-2013)
PROHIBITED BAC MEMBERS
59. 59
3. Chief Accountant or Head of the
Provincial/City/Municipal Accounting Office
and his/her staff, unless the Accounting Department
is the end-user unit, in which case the Chief
Accountant, Head of the Accounting Department or
his/her staff may be designated as an end-user
member. (COA Circular Letter No. 2004 – 3)
PROHIBITED BAC MEMBERS
60. 60
Conflict of interest arises when, in the case of the subject
matter of the inquiry, the Chairman of the BAC that conducted
the earlier procurement was eventually designated as OIC-
HOPE.
The subject procurement is deprived of checks and
balances as one of the persons conducting the bid evaluation
and post-qualification, who is no less than the BAC Chair,
may have that degree of proclivity towards the recommended
action of the BAC; thus, the subsequent award of contract
may no longer enjoy the cold neutrality of an impartial HOPE.
(NPM 14-2013)
CONFLICT OF INTEREST
61. 61
HOPE may create a new office or designate an
existing organic office to act as BAC Secretariat
There is no minimum or maximum number of
members of the BAC Secretariat.
Head of the BAC SEC must be at least a 5th or
3rd ranking permanent employee or, if not
available, a permanent official of the next lower rank
BAC SECRETARIAT
62. 62
FUNCTIONS:
Provide administrative support to the BAC
Organize BAC meetings and conferences
Take custody of procurement documents and other
records
Manage the sale and distribution of bidding documents
Advertise/post bidding opportunities and notices of
awards
BAC SECRETARIAT
63. 63
FUNCTIONS:
Assist in managing the procurement process
Monitor procurement activities and milestones
Consolidate PPMPs
Act as central channel of communications
BAC SECRETARIAT
64. 64
FUNCTIONS:
Assist in managing the procurement process
Monitor procurement activities and milestones
Consolidate PPMPs
Act as central channel of communications
BAC SECRETARIAT
65. 65
BAC Secretariat Head cannot notarize resulting contract of
the procurement activities. (NPM 66-2013)
-The BAC Sec provides a vital supporting role for the PE in the
procurement process. If the BAC Sec Head is to notarize the
resulting contract, she would then take on a more central role by
bestowing upon the contract the imprimatur of a legal attestation
by a third person.
-This may invite suspicion of unfaithfulness, conflict of interest,
which may cast doubt on the contract in particular, and the entire
procurement activity as a whole.
BAC SECRETARIAT
66. 66
•BAC Secretariat Head’s authority to sign procurement-
related documents should be confined to those that are
within the scope of her duties and responsibilities under RA
9184 and its IRR, and should exclude those that require
the exercise of discretion, consent or approval on matters
under the jurisdiction of a different authority. (NPM 66-2013)
BAC SECRETARIAT
67. 67
Section 14 of RA 9184 and its IRR limits the
responsibilities of the BAC Secretariat to administrative
support functions and primarily ministerial duties. Since the
BAC Secretariat is limited to these functions, the conduct of
opening and preliminary examination of bids, where
discretion and sound judgment is required, cannot be
considered as clerical or secretariat nature; therefore,
outside the functions of the BAC Secretariat. (NPM 69-
2013)
BAC SECRETARIAT
68. 68
Created by the BAC from a pool of legal, technical
and financial experts
-those experts outside the procuring entity concerned
may be included, i.e. government personnel and officials
and consultants from the private sector and academe
with proven expertise on the sourcing of goods, works or
consulting services. (GPPB Resolution No. 07-2012, GPPB
Circular No. 02-2012)
BAC may create separate TWGs to handle different
procurements
TECHNICAL WORKING GROUP
(TWG)
69. 69
FUNCTIONS:
1.Assist BAC in the following activities:
Preparation of bidding documents
Eligibility check/short-listing
Bid evaluation and preparation of reports
Post-qualification
Preparation of post-qualification summary report
1.Assist BAC and BAC Secretariat in preparing BAC
Resolutions
TECHNICAL WORKING GROUP
(TWG)
70. 70
Observers represent the public, the taxpayers who
are interested in seeing to it that procurement laws are
observed and irregularities are averted.
In all stages of procurement process BAC must
invite, in writing, at least three (3) Observers, at least
3 calendar days before the date of the procurement
stage/activity, who shall be:
Representative from COA
Duly recognized private group in the sector or discipline
of the particular type of procurement involved
Non-Government Organization (NGO)
OBSERVERS
71. 71
BAC is mandated to invite Observers in all stages of the
procurement process, including post-qualification stage.
(See §13 of RA 9184)
GPM enumerates the parties who are to conduct post-
qualification. Although Observers do not conduct post-
qualification of the bidder, they are not precluded from
being invited and be present in the meeting. (NPM 05-
2013)
OBSERVERS
72. 72
Observers shall be allowed access to the following
documents upon their request, subject to signing of a
confidentiality agreement:
1.Minutes of BAC meetings;
2.Abstract of Bids;
3.Post-qualification summary report;
4.APP and related PPMP; and
5.Opened proposals
OBSERVERS
73. 73
RESPONSIBILITIES:
1.Prepare report (jointly or separately) indicating their
observations on the procurement activities
2.Submit report to the PE and furnish a copy to the GPPB
and the Office of the Ombudsman/Resident Ombudsman
3.Immediately inhibit and notify in writing the PE of any
actual or potential conflict of interest
OBSERVERS
74. GRANT OF HONORARIA
PE is authorized to grant honoraria to the
members of the BAC, the TWG, and the BAC
Secretariat provided the amount so granted does not
exceed twenty-five percent (25%) of their
respective basic monthly salary, subject to the
following conditions:
• funds are available for the purpose; and
• the grant of honoraria conforms to the guidelines
promulgated by the DBM. (Section 15, IRR of
R.A. 9184)
74
75. GUIDELINES ON THE GRANT
OF HONORARIA
Budget Circular No. 2004-5A, dated 7 October
2005 As amended by Budget Circular No. 2007-
3, dated 29 November 2007.
Only for successfully completed procurement
projects
Limited to procurement that involves competitive
bidding.
Granted to Chair or Members of the BAC or the
TWG by the LCE concerned.
75
76. GUIDELINES ON THE GRANT
OF HONORARIA
BAC Secretariat performing attendant functions in
addition to their regular duties and functions may be
paid honoraria at the same rate as the TWG Chair
and Members
Those who are receiving honoraria shall no longer be
entitled to overtime pay for procurement-related
services rendered.
Payment of overtime services may be allowed
for the administrative staff, (clerks, messengers
and drivers supporting the BAC, the TWG and the
Secretariat), for procurement activities rendered
in excess of official working hours.
76
77. FUNDING SOURCE
Collections from successfully completed
procurement projects, limited to activities prior to the
awarding of contracts to winning bidders:
proceeds from sale of bid documents;
fees from contractor/supplier registry;
fees charged for copies of minutes of bid openings,
BAC resolutions and other BAC documents;
protest fees;
liquidated damages; and
proceeds from bid security forfeiture
77
78. CEILING FOR HONORARIA
78
Maximum Honorarium rate
per procurement project
BAC Chair Php 3,000.00
BAC Members Php 2,500.00
BAC Secretariat
TWG Chair and Members
Php 2,000.00
Members of the BAC Secretariat whose positions are in the Procurement
Unit of the agency shall not be entitled to honoraria although the payment of
overtime services may be allowed, subject to existing policy on the matter.
Section 5 (g), R.A. 9184
Goods refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationary, materials for construction, or personal property of any kind, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity for such services.
Section 36.3, E.O. 40
Procurement of ICT equipment only, in particular, hardware and/or software, inclusive of data communications, networking equipment and such other peripherals and auxiliary equipment necessary to put an information and communications system into operational mode, shall be considered as “goods”.
BCDA position: Software licensing is the permission to use packaged software with no transfer of ownership. Hence, a software license is not a “good” but rather a subscription or a permit to allow the use of intellectual property.
Section 5 (g), R.A. 9184
Goods refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationary, materials for construction, or personal property of any kind, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity for such services.
Section 36.3, E.O. 40
Procurement of ICT equipment only, in particular, hardware and/or software, inclusive of data communications, networking equipment and such other peripherals and auxiliary equipment necessary to put an information and communications system into operational mode, shall be considered as “goods”.
BCDA position: Software licensing is the permission to use packaged software with no transfer of ownership. Hence, a software license is not a “good” but rather a subscription or a permit to allow the use of intellectual property.
Section 5 (g), R.A. 9184
Goods refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationary, materials for construction, or personal property of any kind, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity for such services.
Section 36.3, E.O. 40
Procurement of ICT equipment only, in particular, hardware and/or software, inclusive of data communications, networking equipment and such other peripherals and auxiliary equipment necessary to put an information and communications system into operational mode, shall be considered as “goods”.
BCDA position: Software licensing is the permission to use packaged software with no transfer of ownership. Hence, a software license is not a “good” but rather a subscription or a permit to allow the use of intellectual property.