WEDNESDAY, THURSDAY & FRIDAY, SEPTEMBER 4, 5 & 6, 2024 * 1:00PM TO 5:00PM VIA ZOOM
This three-session webinar on zoom will provide a comprehensive discussion on The New Government Procurement Act or RA 12009, effective August 13, 2024, particularly Procurement of Infrastructure Projects. This newly-enacted law supersedes the 21-year old RA 9184 and aims to introduce a fit-for-purpose modalities to achieve value for money, procurement efficiency and high-quality public services.
For public officials, avoid getting into trouble due to violation and ignorance of these changes in the procurement law. For the private sector, avoid disqualification due to non-compliance!
He is a practitioner, lecturer, consultant, and adviser to many national and local government agencies, private companies, and law firms on procurement law. His expertise in public procurements was honed by his former government positions:
- President and Chief Operations Officer, NORTHRAIL Corporation
- Deputy Administrator, Metropolitan Waterworks and Sewerage System
- Executive Director of the National Solid Waste Management
Commission and the Pasig River Rehabilitation Commission
After leaving government service in 2018, he earned his Public Procurement Specialist Certification from the Government Procurement Policy Board (GPPB) and National Engineering Center of the University of the Philippines (UP-NEC) and has since become a regular lecturer on Government Procurements for the MCLE Programs of the UP College of Law - Institute for the Administration of Justice.
He currently serves as Senior Policy and Legal Adviser for the USAID Clean Cities Blue Ocean project for Fiji, Micronesia & Papua New Guinea and in similar capacity for the 3R PROMAR Project of GIZ.
Heads of Procuring Entities
BAC of National Government Agencies
BAC of Local Government Units (LGUs)
BAC of GOCCs
BAC TWG Members
BAC Secretariat Members
Suppliers and Service Providers
Contractors and Consultants
Those who want to participate in Bidding for Government Projects
1. Context of Lecture (Transition Provisions)
The New Government Procurement Act or RA 12009 that took effect on
August 13, 2024 in comparison with RA 9184 and its IRR
In the absence of the implementing rules and regulation of RA 12009, RA 9184 will continue to be in effect.
The IRR for the new law will only be available180 days or 6 months after the promulgation of the new law.
According to Article XXIII, Section 113 of RA 12009 in its Transitory Provision:
“Prior to the effectivity of the IRR of this Act (RA 12009), the provisions of Republic Act 9184 and
its IRR shall remain in force and effect in order to ensure the continued implementation of programs,
activities, and projects."
2. undamental Principles in Government Procurement under NGPA and GPRA
3. Procurement Organizations (Composition, Roles, and Responsibilities)
a. National Level Organizations (GPPB, GPPB-TSO, PS-DBM, and PhilGEPS)
b. Agency-Level Organizations
i. Head of Procuring Entity (HoPE)
ii. Bids and Awards Committee (BAC): for National Government Agencies, Government Corporations,
and for Local Government Units
iii. Technical Working Group (TWG)
iv. BAC Secretariat
v. Observers
vi. End Users
4. Procurement Planning, Management, and Monitoring (PPMP, APP, PMR, and APCPI)
a. Preparations of Technical Specifications (SOW)
b. Determination of ABC
c. Annual Cash Based and Multi-Year Budget (E.O. 91)
d. Determination of Winning Bid Parameter under GPRA and under NGPA
e. Selection of Procurement Modality under GPRA and under NGPA
f. Consolidation, Revisions, and Approvals
5. Philippine Bidding Documents (PBDs) for Infrastructure
a. Section Invitation to Bid (IB)
b. Section Instructions to Bidders (ITB) *
c. Section Bid Data Sheet (BDS)
d. Section General Conditions of Contract (GCC) *
e. Section Special Conditions of Contract (SCC)|
f. Section Specifications
g. Section Drawings
h. Section Bill of Quantities (BoQ) or Bill of Materials (BoM)
i. Section Bidding Forms
j. Section Foreign-Assisted Projects (when applicable)
6. Early Procurement Activities (EPA)
7. Standard and Electronic Bidding Procedures for Infrastructure Projects
a. Pre-procurement Conference|
b. Posting or Advertisement (when allowed)
c. Pre-Bid Conference and Bid Bulletins
d. Sealing and Marking of Bids
e. Modification and Withdrawal of bids
f. Bid Submission and Receipt
g. Opening and Preliminary Examination of Bids
i. Platinum Certificate
ii. Bid Security
iii. Compliance with Technical Requirements
iv. Compliance with Financial Requirements and Bid
h. Detailed Bid Evaluation
i. Post-qualification
j. Award of Contract
k. Contract Execution
l. Notice to Proceed
8. Request for Reconsideration and Protest Mechanism
9. Declaration of Failure of Bidding by the BAC
10. Reservation Clause or Declaration of Failure of Bidding by the HoPE
11. Procurement of Design-Build Infrastructure Projects
12. Alternative Modes of Procurement (AMP) under NGPA vs. GPRA
13. Limited Source Bidding (Section 49)
14. Direct Contracting (Section 50) (For goods only)
15. Repeat Order (Section 51) (For goods only)
16. Shopping (Section 52) (For goods only)
17. Negotiated Procurements (Section 53) (that are available to Infrastructure Projects)
a. Two-Failed Biddings (Section 1)
b. Emergency Cases (Section 2)
c. Take-Over Contracts (Section 3)
d. Adjacent and Contiguous Contract (Section 4)
e. Agency to Agency (Section 5)
f. Scientific, Scholarly, or Artistic Work, Exclusive Technology, and Media Services (Section 53.6)
g. Small Value Procurement (SVP) (Section 9)
h. NGO Participation (Section 11)
i. Community Participation (Section 12)
j. UN Agencies, International Organizations or International Financing Institutions (Section 53.13)
18. Liquidated Damages
19. Contract Termination Guidelines due to Negative Slippage
20. Criminal, Civil, & Administrative Provisions
21. Blacklisting Guidelines
Contact Person: Elisha Afloro
Mobile Number (+63 919) 910-8129
Telefax: (+632) 8842-7148 or 59
Email: elisha_cgbp@yahoo.com
