Government Procurement Reform Act 9184 (R.A. 9184)

H. No. 4809
S. No. 2248

Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two.

[ REPUBLIC ACT NO. 9184 ]
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:

PREPARATION OF BIDDING DOCUMENTS

SEC. 17. Form and Contents of Bidding Documents. - The Bidding Documents shall be prepared by the Procuring Entity following the standard forms and manuals prescribed by the GPPB. The Bidding Documents shall include the following:

1. Approved Budget for the Contract;
2. Instructions to Bidders, including criteria for eligibility, bid evaluation and post-qualification, as well as the date, time and place of the pre-bid Conference (where applicable), submission of bids and opening of bids;
3. Terms of Reference;
4. Eligibility Requirements;
5. Plans and Technical Specifications;
6. Form of Bid, Price Form, and List of Goods or Bill of Quantities;
7. Delivery Time or Completion Schedule;
8. Form and Amount of Bid Security;
9. Form and Amount of Performance Security and Warranty; and,
10. Form of Contract, and General and Special Conditions of Contract.

The Procuring Entity may require additional document requirements or specifications necessary to complete the information required for the bidders to prepare and submit their respective bids.

SEC. 18. Reference to Brand Names. - Specifications for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed.

SEC. 19. Access to Information. - In all stages of the preparation of the Bidding Documents, the Procuring Entity shall ensure equal access to information. Prior to their official release, no aspect of the Bidding Documents shall be divulged or released to any prospective bidder or person having direct or indirect interest in the project to be procured.