SESSION 1: MONDAY, NOVEMBER 18, 2024 * 1:30PM TO 4:45PM VIA ZOOM
SESSION 2: TUESDAY, NOVEMBER 19, 2024 * 1:30PM TO 4:45PM VIA ZOOM
SESSION 3: WEDNESDAY, NOVEMBER 20, 2024 * 8:30AM TO 12:00NN VIA ZOOM
SESSION 4: THURSDAY, NOVEMBER 21, 2024 * 8:30AM TO 12:00NN VIA ZOOM
This four-session webinar on zoom will provide you with the salient features of the The New Government Procurement Act or RA 12009, effective August 13, 2024, particularly the Procurement of Goods vs. RA 9184. In the absence of the implementing rules and regulations (IRR) of the new law, the existing one will continue to be in effect and its IRR will be the subject of a comprehensive discussion for this training. The lecture will include best practices applications, solutions and remedies, updates and Supreme Court decisions.
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!
Register EARLY to ensure slot availability!
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 Secretariat Members
BAC TWG Members
Suppliers and Service Providers
Contractors
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 2016 IRR
The IRR for RA 12009 Implementing Rules and Regulations, may be reasonably expected within 180 days or 6 months after its promulgation. 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. Fundamental Principles in Government Procurement under Government Procurement Reform Act (GPRA-RA 9184) and
under the New Government Procurement Act (NGPA-RA12009)
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 or Performance Specifications
b. Determination of ABC
c. Annual Cash Based and Multi-Year Budget (E.O. 91)
d. Determination of Winning Bid Parameters 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 Goods and Services
a. Section I. Invitation to Bid (IB)
b. Section II. Instructions to Bidders (ITB) *
c. Section III. Bid Data Sheet (BDS)
d. Section General Conditions of Contract (GCC) *
e. Section Special Conditions of Contract (SCC)
f. Section VI. Schedule of Requirements
g. Section VII. Technical Specifications
h. Section VIII. Updated Checklist of Technical and Financial Documents
6. Required Forms and Templates
7. Procuring CSE from the Procurement Service DBM
8. Early Procurement Activities (EPA)
9. Standard and Electronic Bidding Procedures for Goods and Support Services
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
10. Request for Reconsideration and Protest Mechanism
11. Declaration of Failure of Bidding by the BAC
12. Reservation Clause or Declaration of Failure of Bidding by the HoPE
13. Procurement through Framework Agreement
14. Alternative Modes of Procurement (AMP) under NGPA vs. GPRA
15. Limited Source Bidding (Section 49)
16. Direct Contracting (Section 50) (For goods only)
17. Repeat Order (Section 51) (For goods only)
18. Shopping (Section 52) (For goods only)
19. Negotiated Procurements (applicable to Goods and Support Services) under GPRA and NGPA
a. Two-Failed Biddings (Section 53.1)
b. Emergency Case Procurement (Section 53.2)
c. Take-Over Contracts (Section 53.3)
d. Agency to Agency (Section 53.5)
e. Scientific, Scholarly, or Artistic Work, Exclusive Technology, and Media Services (Section 53.6)
f. Defense Cooperation Agreement (Section 53.8)
g. Small Value Procurement (SVP) (Section 53.9)
h. Lease of Real Property or Venue (Section 53.10)
i. NGO Participation (Section 53.11)
j. Community Participation (Section 53.12)
k. UN Agencies, International Organizations, or International Financing Institutions (Section 53.13)
l. Direct Retail Procurement of Petroleum Fuels, Oils, Lubricants (POL), Airline Tickets, and Online Subscriptions
(GPPB Resolution No. 05-2022) (Section 53.14)
20. Liquidated Damages
21. Contract Termination Guidelines due to Negative Slippage
22. Criminal, Civil, & Administrative Provisions
23. Blacklisting Guidelines
Contact Person: Elisha Afloro
Mobile Number (+63 919) 910-8129
Telefax: (+632) 8842-7148 or 59
Email: elisha_cgbp@yahoo.com
