FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES
HB.No.__ 4283

Introduced by Representative Feliciano R. Belmonte, Jr. and
Representative Neptali M. Gonzales Il

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 9184, otherwise known as the
“Government Procurement Reform Act.” More particularly, this measure amends
Sections 4 (Scope and Application), 18 (Reference To Brand Names), 55 (Protest on
the Decisions of the BAC) and 56 (Resolution of Protests) of the existing law to make

them more transparent and more responsive to the challenges of government
procurement.

Under this proposal, parties shall apply as a first option, the provisions of this act
for any procurement that may arise from the govemment, its departments and
instrumentalities, regardless of the source of funds. In case a foreign government or
financing institution opt to use another option not provided for in this act, they shall be
required to explain in writing the reasons for doing so and commit to review their
positions on a regular intervals.

Moreover, specifications for the procurement of goods shall be based on
relevant characteristics and performance requirements and not on brand names except
in cases where reference to a particular brand name is necessary to clarify an

incomplete specification or when a degree of standardization is required to ensure
continuity for certain essential features.

Finally, this act allows protest on the decision of the Bids and Awards
Committee (BAC) of the procuring entity to be lodged with the Government

Procurement Policy Board (GPPB) through the filing of a verified position paper and the
payment of a protest fee.

Consistent with the goals and objectives of the 16-point Agenda of the President

on the fight against corruption, the urgent passage of this measure is fervently prayed
for

FELICIANO BELMONTE, JR NEPTALI M. GONZALES II


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FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

HOUSE OF REPRESENTATIVES

H1BNo 2283

Introduced by Representative Feliciano R. Belmonte, Jr. and
Representative Neptali M. Gonzales I!

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 9184,
OTHERWISE KNOWN AS THE “GOVERNMENT PROCUREMENT REFORM ACT”

Be it enacted by the House of Representatives and Senate of the Philippines in
Congress assembled:

SECTION 1. Sec. 4 of Republic Act No. 9184 is hereby further amended to read
as follows:

“SEC. 4. Scope and Application. — This Act shall apply to the
Procurement of Infrastructure Projects, Goods, and Consulting Services,
regardless of source of funds, whether focal or foreign, by all branches
and instrumentalities of government, its departments, offices and
agencies, including government-owned and/or-controlled corporations

and local government units, subject to the provisions of Commonwealth
Act No. 138.

Any treaty or international or executive agreement affecting the subject
matter of this Act to which the Philippine government is a signatory shall
be observed. Parties to said agreement are enjoined to apply, as a first
gption, the provisions of this act, for any procurement that may arise
therefrom. Should the foreign government_or_international_financing
institution waive the application of this act and insist_on using another
option, they shall explain in writing the reasons therefor and commit to
review their positions at regular intervals.”

SECTION 2. Section 18 of Republic Act No. 9184 is hereby amended to read as
follows:

“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, except in the following instances:

(a) when reference to brand name is necessary to clarify an otherwise

incomplete specification; or,

(b) if_is_has been determined that_a degree of standardization is
necessary in order to ensure continuity for certain essential features.

In these instances, the words “or equivalent” shall be added after such



teference. the specification _shall_permit the acceptance of offers for
goods which have similar characteristics and which provide performance
at least substantially equivalent to those specified.”

SECTION 3. Sections 55 and 56 of Republic Act No. 9184 are hereby amended
to read as follows:

“SEC 55. Protest on Decisions of the [BAC] Procuring Entity. - Decisions
of the [BAC] Procuring Entity in all stages of procurement may be
protested to the (head of the procuring entity] Government Procurement
Policy Board (GPPB) and shall be in writing. Decisions of the [BAC]
Procuring Entity may be protested by filing a verified position paper and
paying a non-refundable protest fee. The amount of the protest fee and

the periods during which the protests may be filed and resolved shall be
specified in the IRR.

SEC. 56, Resolution of Protests. The protests shall be resolved
strictly on the basis of records of the [BAC] Procuring Entity. [Up to a
certain amount to be specified in the IRR, the decisions of the Head of the

Procuring Entity shall be final] The GPPB shall form an independent
panel composed of procurement experts which shall resolve the protest,

SECTION 4. Separability Clause. If any provision or part hereof is held invalid or

Unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 5. Repealing Clause. All laws, presidential decrees, executive
orders, proclamations and/or administrative regulations which are inconsistent with the

provisions of this Act are hereby amended, modified, superseded or repealed
accordingly

SECTION 6. Effectivity Clause. This Act shall take effect fifteen (15) days from
its publication in at least two newspapers of national circulation.

Approved,

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