Art 16 25.R.A 9184
Art 16 25.R.A 9184
Art 16 25.R.A 9184
R.A 9184
ARTICLE XV
DISCLOSURE OF RELATIONS
ARTICLE XVI
ALTERNATIVE METHODS OF
PROCUREMENT
SEC. 48. Alternative Methods. Subject to
the prior approval of the Head of the
Procuring Entity or his duly authorized
representative, and whenever justified by the
conditions provided in this Act, the Procuring
Entity may, in order to promote economy and
efficiency, resort to any of the following
alternative methods of Procurement
(c) Take-over of contracts, which have been rescinded or terminated for causes provided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;
(d) Where the subject contract is adjacent or contiguous to an on-going infrastructure
project, as defined in the IRR: Provided, however, That the original contract is the result of
a Competitive Bidding; the subject contract to be negotiated has similar or elated scopes of
work; it is within the contracting capacity of the contractor; the contractor uses the same
prices or lower unit prices as in the original contract less mobilization cost; the amount
involved does not exceed the amount of the ongoing project; and, the contractor has no
negative slippage: Provided, further, That negotiations for the procurement are
commenced before the expiry of the original contract. Whenever applicable, this principle
shall also govern consultancy contracts, where the consultants have unique experience
and expertise to deliver the required service
ARTICLE XVII
PROTEST MECHANISM
ARTICLE XVIII
SETTLEMENT OF DISPUTES
SEC. 59. Arbitration. Any and all disputes arising from the
implementation of a contract covered by this Act shall be submitted to
arbitration in the Philippines according to the provisions of Republic
Act No. 876, otherwise known as the "Arbitration Law": Provided,
however, That, disputes that are within the competence of the
Construction Industry Arbitration Commission to resolve shall be
referred thereto. The process of arbitration shall be incorporated as a
provision in the contract that will be executed pursuant to the
provisions of this Act: Provided, That by mutual agreement, the
parties may agree in writing to resort to alternative modes of dispute
resolution
ARTICLE XIX
CONTRACT PRICES AND WARRANTIES
SEC. 61. Contract Prices. For the given scope of work
in the contract as awarded, all bid prices shall be
considered as fixed prices, and therefore not subject to
price escalation during contract implementation, except
under extraordinary circumstances and upon prior
approval of the GPPB. For purposes of this Section,
extraordinary circumstances shall refer to events that
may be determined by the National Economic and
Development Authority in accordance with the Civil Code
of the Philippines, and upon the recommendation of the
procuring entity concerned.
The contractor shall undertake the repair works, at his own expense, of any
defect or damage to the infrastructure projects on account of the use of
materials of inferior quality within ninety (90) days from the time the Head of
the Procuring Entity has issued an order
to undertake repair. In case of failure or refusal to comply with this
mandate, the government shall undertake such repair works and shall be
entitled to full reimbursement of expenses incurred therein upon demand.
Any contractor who fails to comply with the preceding paragraph shall suffer
perpetual disqualification from participating in any public bidding and his
property or properties shall be subject to attachment or garnishment
proceedings to recover the costs.
All payables of government in his favor shall be offset to recover the costs.
ARTICLE XX
THE GOVERNMENT PROCUREMENT POLICY
BOARD
ARTICLE XXI
PENAL CLAUSE
SEC. 65. Offenses and Penalties. (a) Without
prejudice to the provisions of Republic Act No. 3019,
otherwise known as the Anti-Graft and Corrupt
Practices 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:
ARTICLE XXII
CIVIL LIABILITY
SEC. 67. Civil Liability in Case of Conviction. Without
prejudice to administrative sanctions that may be imposed in
proper cases, a conviction under this Act or Republic Act No.
3019 shall carry with it civil liability, which may either consist of
restitution for the damage done or the forfeiture in favor of the
government of any unwarranted benefit derived from the act or
acts in question or both, at the discretion of the courts.
SEC. 68. Liquidated Damages. All contracts executed in
accordance with this Act shall contain a provision on liquidated
damages which shall be payable in case of breach thereof. The
amount thereof shall be specified in the IRR.
ARTICLE XXIII
ADMINISTRATIVE SANCTIONS
SEC. 69. Imposition of Administrative Penalties. (a)
In addition to the provisions of Articles XXI and XXII of
this Act, the Head of the Procuring Entity, subject to
the authority delegated to the BAC, if any, shall impose
on bidders or prospective bidders, the administrative
penalty of suspension for one (1) year for the first
offense, and suspension of two (2) years for the second
offense from participating in the public bidding
process, for the following violations:
ARTICLE XXIV
LEGAL ASSISTANCE AND INDEMNIFICATION
OF BAC MEMBERS
SEC. 72. Private Legal Assistance. All the members
of the BAC are hereby authorized to engage the services
of private lawyers or extend counsel immediately upon
receipt of Court Notice that a civil or criminal action, suit
or proceeding is filed against them. The lawyer's fee
shall be part of the indemnification package for the BAC
members, subject to the provisions of Section 73 hereof.
ARTICLE XXV
FINAL PROVISIONS
SEC. 74. Oversight Committee. There is hereby
created a Joint Congressional Oversight Committee to
oversee the implementation of this Act for a period not
exceeding five (5) years from the effectivity of this Act.
The Committee shall be composed of the
Chairman of the Senate Committee on Constitutional
Amendments and Revision of Laws and two members
thereof appointed by the Senate President, and the
Chairman of the House Committee on Appropriations,
and two members thereof to be appointed by the Speaker
of the House of Representatives