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               GPC Early Bird Deadline           CGBP       What is MCLE?

1.5 Days: 24 & 25 NOVEMBER 2011 - starts at 9am * THE PENINSULA MANILA, MAKATI CITY
With many government and Public-Private Partnership (PPP) projects up for grabs next year, let’s start drafting that perfect and defect-free government contract. This 1.5 days seminar will feature two of the most experienced government contract experts as they share with you everything–you-need-to-know about government contracts. They will provide you with best practices contract templates, reveal those difficult to find contract clauses, and update you with the latest regulations, and share with you real case studies and actual lessons from the field so you can avoid those costly mistakes, pitfalls and traps in crafting government and PPP contracts.

And what do you do when you are stuck in a bad deal. We have all the answers and we will guide you and equip you with the working knowledge so you can effectively forge a successful contract with the government! This is MCLE-accredited by the Supreme Court.

   Limited Seats Only, Pre-Registration Required

   Avail of Early Bird and

   Contact Person: Camille Jonas
   Manila lines (+632) 556-8968 or 69
   Manila Telefax (+632) 842-7148 or 59
   Cebu lines (+63 32) 512-3106 or 07

Lecturer 1: Atty. Jose A. Bernas – Has extensive experience in dealing with government contracts given his involvements in various industries ranging from real estate and IT to construction and finance. To date, he holds the record of successfully winning in the Supreme Court the annulment of the biggest government contract in the Philippines – the PIATCO deal. He is the Managing Partner of Bernas Law Offices. Professorial lecturer in government contracts, Ateneo Law School.

Lecturer 2: Atty. Alberto C. Agra – Secretary of Justice until June 2010. He also held various positions in government as Solicitor General and Government Corporate Counsel. He is a strong advocate of PPP, professor of laws (1993 to present), and co-author of Knowing BOT and JV. He currently heads Forensic Law and Policy Strategies, Inc. and Forensic Solutions, a think tank offering services in the fields of policy, law reform, advocacy and governance.

   Who Should Attend:

    • Businessmen
    • Contractors
    • GOCCs & LGUs
    • Nat’l Gov’t Agencies
    • Lawyers, Negotiators
    • All those doing business with the
    • Anyone who has a problem with a
        government contract


   Seminar Investment is P11,980
   inclusive of Meals, Resource Kit, &
   Certificate of Attendance
Business World Online       Tri-ISys Tri-ISys International Chamber of Commerce

Best Practices in Government & PPP Contracts

What You Really Need To Know In Crafting Government & PPP Contracts

The Peninsula Manila, Makati City, Philippines
Thursday & Friday, 1.5 Days: November 24 & 25, 2011 - stars at 9am

Course Outline

Day 1: 9:00 am to 5:00 pm

Lecturer: Atty. Jose A. Bernas
                  Managing Partner, Bernas Law Offices

A. What are the General Laws on Government Contracts? (Lecture)

•    BOT Law
•    Government Procurement Reform Act
•    Art. VI, Sec. 29 of Constitution
•    Fund Appropriation by the Legislature and Certification of Availability of Funds
•    Jurisprudence
•    General Policy on Bidding

B. Who is Authorized to Represent the Republic?
     (Case and Lecture)

     A. Case Study
     B. Lecture

•    Contracting Authority of Public Officers as Agent of Government
•    By Authority of President and executive heads of government agencies generally vested with contracting authority
•    Limits on Contracting Authority (Full Powers document)
•    Effect on Government of contract executed by contracting officer without or outside scope of actual authority
•    Inadequacy of Apparent Authority
•    Art. IX, Sec. 17 of Constitution

C. Who are Accountable for Government Contracts?

     A. Case Study
     B. Lecture

•    Government generally liable under contract for breach by contracting agency
•    Implied waiver of state immunity from suit
     Suability vs. Liability
•    Estoppel and Ratification
•    The Absence of Power to Contract-Illegal Contracts
•    Contracting officers personally bound/liable under contracts executed beyond limits of authority;
     Personal liability under contract declared void

Practical Legal and Business Issues on Pre-Qualification

     A. Case Study

Practical Legal and Business Issues on Scoring and Bid Evaluation

     A. Case Study

Contract Management, Modifications and Changes

     A. Case Study

Special Contract Provisions

     A. Case Study
     B. Lecture

•    Indemnity Provisions Covering “Business Risks”
•    Guarantees

Termination of Government Contracts

•    Authority to Terminate Contracts and Types of Terminations
•    Termination for Default
•    Power to Settle Contracts and to Terminate for the Convenience of the Government

Protest and Disputes

     A. Lecture

•    Time Limits
•    Protest Bonds
•    Appeal to Courts
•    Right to Public Information
•    Suits By Third Parties

Administrative Matters

•    In General
•    Contract Execution
•    Safeguarding Confidential Information
•    Contract Record Reporting
•    Dealing with Corruption

Common Pitfalls in Contract Stipulations/Provisions

•    Redflags to Avoid
•    Wordings to include
•    How to Protect Yourself against Liability
     (With a discussion on Anti-Graft Law, Plunder)

Breach of Contract

•    Remedies for Breach
•    Consequence of Breach

Day 2: 9:00 am to 12:00 nn

Lecturer: Atty. Alberto C. Agra
                  President, Forensic Solutions

1.    Review of various types of PPP Contracts
2.    Developing Key PPP Contract Clauses
3.    Contract Risk identification and Allocation
4.    Creating Legal Due Diligence for PPPs
5.    Contract Drafting Exercises: Multiple Choice Questions
6.    Common Mistakes and Pitfalls to Avoid in Drafting PPP Contracts
7.    Lawsuit-Proofing Your PPP Contract

SEMINAR FEE PER PERSON: P 11,980 (Fee covers Meals, Resource Kit, Certificate of Attendance)


• Less 5% for early registrants (on registrations made on or before October 24, 2011)
• Less 5% for early payment (if made on or before November 14, 2011)
• Less 5% for group registration (minimum of 3 participants)

REGISTER NOW to avail of Early Bird and Group DISCOUNTS
Share |
Download: Flyer - Black&White (.PDF 515kb)
                         Course Outline (.PDF 251kb)