Compile

ra 9184

An Act Providing For The Modernization, Standarization And Regulation Of The Procurement Activities Of The Government And For Other Purposes

ra 9184

government procurement reform act

* transparency
* competitiveness
* streamlined procurement process
* system of accountability
* public monitoring

Governing Principles on Government Procurement

Procurement

refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity.

lease

Procurement shall also include the \___ of goods and real estate.

Goods

refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects

Consulting Services

refer to services for Infrastructure Projects and other types of projects or activities of the Government requiring adequate external technical and professional experts that are beyond the capability and/or capacity of the government to undertake

Infrastructure Projects

include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings and other related construction projects of the government.

Approved Budget for the Contract

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 National Government Agencies

Bids and Awards Committee

aka BAC

Bidding Documents

refer 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.

Bid

refers to signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the Bidding Documents.

Bidder

Refers to an eligible contractor, manufacturer, supplier, distributor and/or consultant competing for the award of a contract in any procurement by the GOP.

Competitive Bidding

refers to a method of procurement which is open to participation by any interested party

Philippine Government Electronic Procurement System

aka PhilGEPS

PhilGEPS

serve as the primary and definitive source of information on government procurement.

Head of the Procuring Entity

the head of the agency or his duly authorized official, for national government agencies

Head of the Procuring Entity

the governing board or its duly authorized official, for government-owned and/or-controlled corporations

Head of the Procuring Entity

the local chief executive, for local government units.

Procuring Entity

refers to any branch, department, office, agency, or instrumentality of the government, including state universities and colleges, government-owned and/or - controlled corporations, government financial institutions, and local government units procuring Goods, Consulting Services and Infrastructure Projects.

T

\[T/F] All procurement should be within the approved budget of the Procuring Entity and should be meticulously and judiciously planned by the Procuring Entity concerned.

T

\[T/F] No government Procurement shall be undertaken unless it is in accordance with the approved Annual Procurement Plan of the Procuring Entity.

Electronic Procurement System

aka EPS

5, 7

The BAC shall have at least \___ members, but not more than \___ members.

jose v. camacho

chancellor of BAC

* BAC goods/regular
* BAC research
* BAC infrastructure

technical working group

* determine the eligibility of prospective bidders
* receive and open bids
* conduct the evaluation of bids

functions of BAC

EligibilityScreeningEvaluation of BidsPost-Qualification

functions of technical working group

2

To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the Commission on Audit, at least \___ observers to sit in its proceedings, one(1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a non- government organization

BAC Secretariat

To assist the BAC in the conduct of its functions, the Head of the Procuring Entity shall create a Secretariat that will serve as the main support unit of the BAC.

* purchase request
* public bidding
* alternative methods of procurement
* purchase order
* delivery

basic steps in procurement

2 million

procurement of Goods costing \___ and below

5 million

procurement of Infrastructure Projects costing \___ and below

1 million

procurement of Consulting Services costing \___ and below

T

\[T/F] No bidding and award of contract for Infrastructure Projects shall be made unless the detailed engineering investigations, surveys and designs, for the project have been sufficiently carried out and duly approved in accordance with the standards and specifications prescribed by the HoPE concerned or his duly authorized representative, pursuant to the recommendation of the end-user or implementing unit and in accordance with the provisions of Annex “A”33 of this IRR.

T

\[T/F] Reference to brand names shall not be allowed except for items or parts that are compatible with the existing fleet or equipment of the same make and brand, and to maintain the performance, functionality and useful life of the equipment.

12 calendar days, 7 calendar days

The pre-bid conference shall be held at least \___ before the deadline for the submission and receipt of bids, but not earlier than \___ from the PhilGEPS posting of the Invitation to Bid or Bidding Documents and in the case of Consulting Services, from the determination of the shortlisted consultants.

technical component of the bid, financial component of the bid

Bidders shall submit their bids through their duly authorized representative using the forms specified in the Bidding Documents in two (2) separate sealed bid envelopes: \___ and \___

T

\[T/F] A bidder may modify his bid, provided that this is done before the deadline for the receipt of bids.

T

\[T/F] A bidder may, through a letter, withdraw his bid or express his intention not to participate in the bidding before the deadline for the receipt of bids.

2%

bid security for cash/check/letter

5%

bid security for surety bond

T

\[T/F] The ABC shall be the upper limit or ceiling for the Bid prices.

Post-qualification

the stage where the bidder with the Lowest Calculated Bid, in the case of Goods and Infrastructure Projects, or the Highest Rated Bid, in the case of Consulting Services, undergoes verification and validation whether he has passed all the requirements and conditions as specified in the Bidding Documents.

15 calendar days

Within a period not exceeding \___ from the determination and declaration by the BAC of the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid, and the recommendation of the award, the Head of the Procuring Entity or his duly authorized representative shall approve or disapprove the said recommendation.

10 calendar days

Within \___ from receipt of the Notice of Award, the Winning bidder shall formally enter into contract with the Procuring Entity.

7 calendar days

The Procuring Entity shall issue the Notice to Proceed to the winning bidder not later than \___ from the date of approval of the contract by the appropriate authority.

3 months

The procurement process from the opening of bids up to the award of contract shall not exceed \___, or a shorter period to be determined by the procuring entity concerned.

Performance security

To guarantee the faithful performance by the winning bidder of its obligations under the contract in accordance with the Bidding Documents, it shall post a \___ prior to the signing of the contract.

Bidding document fee

fee to recover the cost for the preparation and development

Bid Security

a guarantee that, after receipt of the Notice of Award, the winning bidder shall enter into contract with the Procuring Entity

Performance security

guarantee for the faithful performance of and compliance with his obligations under the contract

25%

Repeat orders shall not exceed \___ of the quantity of each item in the original contrac

Two Failed Biddings

Where there has been failure of competitive bidding or Limited Source Bidding for the second time as provided in Section 35 of the Act and this IRR.

Emergency Cases

In case of imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities

Take-Over of Contracts

Take-over of contracts, which have been rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities

Adjacent/Contiguous

Where the subject contract is adjacent or contiguous to an ongoing Infrastructure Project or Consulting Service where the consultants have unique experience and expertise to deliver the required service

Standard

a document, established by consensus and approved by a recognized body, that provides for common and repeated use, rules and guidelines or characteristics for activities or their results, aimed at achieving the optimum degree of order in a given context.

Codes

a document that provides requirements, specifications, guidelines or characteristics that can be used consistently to ensure that materials, products, processes, and services are fit for their purpose.

Codes

to protect the public by setting up the minimum acceptable level of safety for buildings, products and processes.

1977

\[year] AMTEC was established with the objective of improving the quality of agricultural machines by writing test standards and testing these machines against the established standards.

1995

\[year] PSAE created its Codes and Standards Committee with 10 subcommittees based on the different agricultural engineering concerns

1998

\[year] RA 8559 empowered the Board of Agricultural Engineers of the Professional Regulation Commission (BOAE-PRC) in collaboration with concerned agencies to develop a code of technical standards for Agricultural Engineering.

2000

\[year] BAR funded the BOAE- PRC-PSAE-PCARRD- UPLB proposal entitled “Enhancing the Implementation of AFMA Through Improved Agricultural Engineering Standards.” (71 standards were developed)

2001

\[year] AMTEC in partnership with PSAE and other concerned agencies, shall be charged with the formulation and development of the official agriculture and fisheries machinery standards which shall be subjected to public hearings by the NAFC prior to its approval by the Secretary of Agriculture.

2005

\[year] DA continued to fund AMTEC for the development of standards for agricultural machinery. 17 standards were developed and adopted by DA and PRC

2007

\[year] National Meat and Inspection Service of the Department of Agriculture funded the project in the development of standards for slaughterhouse equipment for hogs. 12 standards were developed and to be adopted by DA and PRC.

2009

\[year] DA Administrative Order 28 and PRC Board Resolution were issued for the adoption of the PAES on Farm-to- Market Roads.

2015

\[year] 11 volumes of PAES consisting general guidelines and procedures, rules for structure and metrication, production machinery, postharvest machinery, engineering materials, agricultural structures, irrigation and drainage, \n and slaughterhouse equipment

2016

\[year] PABE Act of 2016 (RA 10915). The existing Philippine Agricultural Engineering Standards (PAES) shall be transformed into a Philippine Agricultural and Biosystems Engineering Standards (PABES) and shall serve as Code of Technical Standards of all registered and licensed agricultural and biosystems engineers in the practice of their profession.

2022

\[year] As of the moment, based on AMTEC’s website, there were 256 standards developed (PAES/PABES/PNS). 74 were developed by BAFS.

* scope
* fabrication req’t
* performance req’t
* safety, workmanship, and finish
* warranty for fabrication and durability
* maintenance and operation
* marking

contents of standards

ra 8293

An Act Prescribing The Intellectual Property Code And Establishing The Intellectual Property Office, Providing For Its Powers And Functions, And For Other Purposes

Intellectual Property

the creation or product of the human mind.

Intellectual Property

describes ideas, inventions, technologies, artworks, music and literature, that are intangible when first created, but become valuable in tangible form as products

Intellectual Property Rights

are legally secured rights of the person holding the IP to benefit from his work/invention and investments

* To allow creator to benefit from its creation
* To foster return on investment
* To contribute to the well-being and development of the society
* To support the creation of jobs

importance of ipr

Intellectual Property Office of the Philippines

aka IPOPHIL

IPOPHIL

the government agency mandated to implement the law protecting intellectual property rights in the Philippines as provided for under R.A. 8293.

Utility Model

a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application.

7 years

A utility model is entitled to \___ of protection from the date of filing, with no possibility of renewal.

industrial design

any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors

Mark

means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods

collective mark

usually belong to a group or association of enterprises

collective mark

Used to distinguish the goods and services of members of the association from those of other undertakings.

Copyright

the legal protection extended to the owner of the rights in an original work. “Original work” refers to every production in the literary, scientific and artistic domain.

Ethics

a branch of philosophy that defines what is good for the individual and the society and establishes the nature of obligations, or duties, that people owe themselves and to one another.

character, customs

The word ethics is derived from the Greek word ethos, which means "__" and from the Latin word mores, which means "__”

Engineering Ethics

the study of moral issues and decisions confronting individuals and organizations engaged in engineering.

Engineering Ethics

the study of moral issues and decisions confronting individuals and organizations engaged in engineering.

* global issues
* rights of engineers
* responsibility for safety

scope of engineering ethics

code of ethics

a written system of standards for ethical conduct.

Engineering Ethics

It could express the principles which should govern the professional relations of an agricultural engineer to his client or employer, to the other professionals, and to the public.

Ethical Awareness

the ability to discern between right and wrong

Ethical Competency

the ability to engage in sound moral reasoning and consider carefully the implications of alternative actions

Registered Agricultural Engineers

must adhere to a Code of Ethics and Professional Standards, which provides for the maintenance of high standards and competence and integrity.

Registered Agricultural Engineers

a natural person who has issued a certificate of registration by the Board of Agricultural Engineering and has taken an oath of profession of agricultural engineers.

Client

the person or entity, which retains an agricultural engineer that engaged in the practice of agricultural engineering for the performance of professional services.

Employer

the person or entity that employs and agricultural engineer for the rendition of agricultural engineering and related services.

Enterprise

any person or entity whether organized for profit or not for which an agricultural engineer renders professional services.