FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Ihird Regular Session 
) 
) 
) 
SENATE 
3375 
S.B.NO. __ _ 
Introduced by Senator TEOFISTO "TG" GUINGONA III 
EXPLANATORY NOTE 
This bill seeks to amend RA No. 9184, also known as "the Government Procurement 
Reform Act," by expanding the list of offenses that can be committed under said Act Under 
this Act, recommending, approving, and/or awarding a contract to a bidder that is not legally, 
technically, andlor financially capable will now be punishable. Other acts that will become 
punishable are: approving, and/or accepting goods, products, and/or services different from 
those approved by the appropriate procurement committees, and/or those indicated in the 
supply contract; and for no lawful cause, changing or causing the change of specifications 
and/or other technical requirements to favor a particular supplier. 
The reason for the amendment of RA No. 9184 is to ensure that the procurement 
process will not be used as a means for corruption. 
This bill is a product of the public hearing conducted by the Committee on 
Accountability of Public Officers & Investigations (Blue Ribbon Committee) on the 
Philippine National Police (PNP) Helicopter Deal. 
In view of the foregoing, the immediate enactment of this measure is e mestly sought 
"TG" GUINGONA III 


I 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Ihird Regular Session 
) 
) 
) 
SENATE 
3375 
S.B.NO. __ _ 
Introduced by Senator TEOFISTO "TG" GUINGONA III 
rx_ 
AN ACT AMENDING SECTION 65 OF REPUBLIC ACT NO. 9184, OTHERWISE 
KNOWN AS THE GOVERNMENT PROCUREMENT REFORM ACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
SECTION l. Section 65 of Republic Act No. 9184 otherwise known as the Government 
Procurement Reform Act is hereby further amended to read as follows: 
Section 65. Offenses and Penalties. -
(a) Without prejudice to the provisions of Republic Act No. 
3019, otherwise known as the "Anti-Graft and Corrupt Practice 
Act" and other penal laws, public officers who commit any of 
the following acts shall suffer the penalty of imprisonment of 
not less than six (6) years and one (1) day, but not more than 
fifteen (15) years: 
I. Open any sealed Bid including but not limited to 
Bids that may have been submitted through the 
electronic system and any and all documents required to 
be sealed or divulging their contents, prior to the 
appointed time for the public opening of Bids or other 
documents. 
2. Delaying, without justifiable cause, the screening for 
eligibility, opening of bids, evaluation and post 
evaluation of bids, and awarding of contracts beyond 
the prescribed periods of Bids or other documents. 
3. Unduly influencing or exerting undue pressure on 
any member of the BAC or any officer or employee of 
the procuring entity to take a particular bidder. 
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4. Splitting of contracts which exceed procedural 
purchase limits and competitive bidding. 
5. When the head of the agency abuses the exercise of 
his power to reject any and all bids as mentioned under 
Section 41 of this Act with manifest preference to any 
bidder who is closely related to him in accordance with 
Section 47 of this Act. 
6. RECOMMENDING, APPROVING, AND/OR 
AWARDING A CONTRACT TO A BIDDER 
THAT IS NOT LEGALLY, TECHNICALLY, 
AND/ORFINANClALLY CAPABLE. 
7. APPROVING AND/OR ACCEPTING GOODS, 
PRODUCTS, AND/OR SERVICES DIFFERENT 
FROM 
THOSE 
APPROVED 
BY 
THE 
APPROPRlA TE 
PROCUREMENT 
COMMITTEES, AND/OR THOSE INDICATED IN 
THE SUPPLY CONTRACT 
8. FOR NO LAWFUL CAUSE, CHANGING OR 
CAUSING THE CHANGE OF SPECIFICATIONS 
AND/OR 
OTHER 
TECHNICAL 
REQUIREMENTS TO FAVOR A PARTICULAR 
SUPPLIER. 
When any of the foregoing acts is done in collusion 
with private individuals, the private individuals shall 
likewise be liable for the offense. 
In addition, the public officer involved shall also suffer 
the penalty of temporary disqualification from public 
office, while the private individual shall be permanently 
disqualified from 
transacting 
business 
with 
the 
government. 
(b) Private individuals who commit any of the following acts, 
including any public officer, who conspires with them, shall 
suffer the penalty of imprisonment of not less than six (6) years 
and one (1) day but not more than fifteen (15) years: 
1. When two or more bidders agree and submit different 
Bids as if they were bona fide, when they knew that one 
or more of them was so much higher than the other that 
it could not be honestly accepted and that the contract 
will surely be awarded to the pre-arranged lowest Bid 
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2. When a bidder maliciously submits different Bids 
through two or more persons, corporations, partnerships 
or any other business entity in which he has interest of 
create the appearance of competition that does not in 
fact exist so as to be adjudged as the winning bidder. 
3. When two or more bidders enter into an agreement 
which call upon one to refrain from bidding for 
Procurement contracts, or which call for withdrawal of 
bids already submitted, or which are otherwise intended 
to secure as undue advantage to anyone ofthem. 
4. When a bidder, by himself or in connivance with 
others, employ schemes which tend to restrain the 
natural rivalry of the parties or operates to stifle or 
suppress competition and thus produce a result 
disadvantageous to the public. 
In addition, the persons involved shall also suffer the penalty of 
temporary or perpetual disqualification from public office and 
be permanently disqualified from transacting business with the 
government. 
. 
( c) Private individuals who commit any of the following acts, 
lind any public officer conspiring with them, shall suffer the 
penalty of imprisonmel,t of not less than six (6) years and one 
(\) day but more than fifteen (15) years: 
l. Submit eligibility requirements of whatever kind and 
nature that contain false information or falsified 
documents calculated to influence the outcome of the 
eligibility 
screening 
proc~ss. 
or 
conceal 
such 
information in the eligibility requirements when the 
information will le'ld to 'I declaration of ineligibility 
from participating in public bidding. 
2. Submit Bidding Documents of whatever kind and 
nature than contain false information or falsified 
documents or conceal such information in the Bidding 
Documents, in order to influence the outcome of the 
public bidding. 
3. Participate in a public bidding using the name of 
another or allow another to use one's name for the 
purpose of patiicipating in a public bidding. 
4. Withdraw a Bid, after it shall have qualified as the 
Lowest Calculated Bid/Highest Rated Bid, or to accept 
and award, without just c'luse or for the purpose of 
forcing the Procuring Entity 'to award the contract to 
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another bidder. This shall include the non-submission 
of requirements such as, but not limited to, performance 
security, preparatory to the final award of the contract. 
(d) When the bidder is a juridical entity, criminal liability and 
the accessory penalties shall be imposed on its directors, 
officers or employees who actually commit any of the 
foregoing acts. 
SECTION 2. Separability Clause. - If for any reason, any section or provision of this Act is 
declared invalid or unconstitutional, the other sections or provision hereof not affected 
thereby shall continue to be in full force and effect 
SECTION 3. Repealing Clause. - All laws, decrees, orders, rules and regulations, and other 
issuances, or parts thereof which are inconsistent with the provisions of this Act are hereby 
deemed repealed, amended or modified accordingly. 
Sj:\CTION 4 Effectivity. - This ~ct &)1al\ t~ke effect aft~r fifteen (15) days following its 
p1.!\l\iclltiop ill tjw Offici~1 Ga~ettt} or ip two (2) pew&pap~rs pf gener~J circuilltion 
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