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At the end of this module, learners are expected to:
UNDERSTAND the background and rationale behind the
development of Republic Act (RA) No. 12009.
INTRODUCE the new provisions under RA No. 12009 and its
Implementing Rules and Regulations (IRR) from RA No. 9184
and its IRR.
EXPLAIN the key reforms and improvements under RA
No. 12009 and its IRR for application in procurement projects.
OBJECTIVES
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1.Brief Background of the NGPA
2.General Provisions of the
NGPA and its IRR
3.Key Features of the NGPA and
its IRR
OUTLINE
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3
WHY THE CHANGE?
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Identified gaps in RA No. 9184: slow processes, low
bidder participation, and challenges in contract
implementation
Need for modernization: digital transformation,
sustainable procurement approaches, and risk-based
procurement planning
TIMELINE OF REFORMS
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6
Assessment of
Public
Procurement in
the Philippines
2019-2021
Early
Recommendations
on Reforms to
RA No. 9184
2022
Consultations &
Stakeholder
Engagements on
the Updating of
Procurement
Rules
2022-2023
Legislative
Process
2023-2024
Approval and
Publication of
RA No. 12009
July 2024
Publication of
the IRR
February 2025
Approval of
Standard Forms
May 2025
Transitory Period
(After 3 years from the
approval of standard forms)
2025-2028
Full compliance
with RA No. 12009
May 2028
🔹 The IRR of RA No. 12009 took effect on
February 25, 2025 or 15 days after its publication
on February 10, 2025.
🔹Standard procurement forms were approved
on May 14, 2025.
🔹 The GPPB, HoPE, Procuring Entities, and
BACs have three (3) years from the approval of
standard bidding forms to fully comply with the
NGPA.
TRANSITORY PROVISION
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(Reference: RA No. 12009, IRR Section 113)
Republic Act (RA) No. 12009: prevailing law governing public
procurement.
Implementing Rules and Regulations (IRR): detailed guide for
Procuring Entities and other stakeholders on how to apply the law, as
approved by the Government Procurement Policy Board (GPPB).
Guidelines: supplement the IRR on specific aspects or instances in
procurement, as issued by the GPPB. (Reference: RA No. 12009,
IRR Sections 4 & 112 in relation to Section 91)
HIERARCHY OF PROCUREMENT REGULATIONS
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Manuals or Toolkits: practical resources on the step-by-step procedures for implementing
the IRR and guidelines, as developed by the GPPB.
Standard Bidding Forms: templates related to government procurement that ensure
consistency across Procuring Entities, as issued by the GPPB. (Reference: RA No.
12009, IRR Section 6)
8
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KNOWLEDGE CHECK
Considering that RA No.
9184 and its IRR are already
repealed, may procuring
entities still use its
provisions, forms,
guidelines and circulars to
implement RA No. 12009?
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KNOWLEDGE CHECK
ANSWER: RA No. 12009 and its IRR should
already be applied during the transition period.
Nonetheless, Procuring Entities may continue
to use existing forms and guidelines issued
under RA No. 9184. For provisions in RA No.
12009 that do not yet have specific guidelines but
are substantively similar to those under RA No.
9184—such as those on Framework Agreement
(FA), Design and Build (D&B) Scheme, Early
Procurement Activities (EPA), and others—
entities may apply the corresponding RA No. 9184
guidelines, provided they are consistent with
the new law. This approach ensures continuity
and compliance without interrupting procurement
processes.
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10
Z
(Reference: RA No. 12009, IRR Sections 6.2 and 113.3)
The provisions of this IRR align with the
commitment of the Government of the
Philippines to:
Promote the ideals of good
governance;
Achieve value for money; and
Ensure the most advantageous
outcome for government by
interpreting the rules in favor of
government procurement.
DECLARATION OF POLICY
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(Reference: RA No. 12009, IRR Section 2)
GOVERNING PRINCIPLES
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Enhanced
Accountability
Participatory
Procurement
Sustainability Professionalism
Open contracting
practices and standards
Enhanced
Transparency
Improved
Competitiveness
Proportionality
Increased
Efficiency
Equal Opportunity to all
Private and Public Entities
Use of emerging technologies
and innovative solutions
New principle to ensure
fit-for-purpose approaches
Administrative liability of
both public officers and
private entities
Enhances the role of
Observers that include
CSOs and POs
New principle to consider
social, economic, and
environmental impact to
procurement projects
New principle to
institutionalize
professionalization of
procurement practitioners
13
(Reference: RA No. 12009, IRR Section 3)
SCOPE AND APPLICATION
GOODS
INFRASTRUCTURE
PROJECTS
CONSULTING
SERVICES
Scope: Applies to all procurement by any branch,
agency, department, bureau, office, or
instrumentality of the GoP, including GOCCs, GFIs,
SUCs, and LGUs, regardless of source of funds.
Treaties or international or executive agreements
prevail over the IRR in case of conflict. If silent on
foreign-funded procurement, the IRR applies.
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(Reference: RA No. 12009, IRR Section 4)
EXCLUSIONS / EXCEPTIONS
GOODS
INFRASTRUCTURE
PROJECTS
CONSULTING
SERVICES
🔹RA 12009 AND ITS IRR SHALL NOT APPLY TO:
Procurement funded from foreign grants, unless the GoP and the
foreign grantor agree otherwise;
Acquisition of real property governed by the right of way; and
Public-private sector infrastructure or development projects covered
by the PPP, provided that for portions financed by the GoP, the IRR
shall apply
🔹NON-PROCUREMENT ACTIVITIES:
Direct assistance, in cash or in kind, to beneficiaries;
Participation in local or foreign scholarships or trainings governed by
CSC, DBM, or COA, including regular assessment or review
programs and strategic planning sessions governed by applicable
COA, CSC and DBM rules and regulations;
Engagement of Contract of Service and Job Order personnel; and
Disposal of government properties, unless otherwise provided
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(Reference: RA No. 12009, IRR Section 4)
Approved Budget
for the Contract
Now includes the phrase “within authorized amount” to provide
clarity and flexibility
Beneficial Owner
Requires full disclosure of ultimate owners or controlling interests of
bidders
Fit-for-Purpose
Emphasizes procurement approaches to meet specific project
needs and objectives
Life Cycle Cost Considers the total cost of ownership over the entire life of an asset
Value for Money
Focuses on achieving the most advantageous combination of cost,
quality, and sustainability
DEFINITION OF TERMS
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Procurement-specific Concepts:
16
(Reference: RA No. 12009, IRR Section 5)
Legal
Eligibility
Refers to the legal capacity of a bidder as
evidenced by permits, licenses, and/or registrations
required by law to enter into contracts with the
government.
Financial
Eligibility
Pertains to the financial capacity of a bidder to
undertake and complete the procurement project.
Technical
Eligibility
Having the experience or expertise to undertake the
procurement project.
DEFINITION OF TERMS
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Bidder Eligibility:
17
(Reference: RA No. 12009, IRR Section 5)
Blacklisting
Refers to an administrative penalty imposed by the Head of
Procuring Entity that prohibits a person or entity, including its
affiliates, from participating in all government procurement
activities for a specified period.
End-User or
Implementing
Unit
Pertains to the office or employee responsible for identifying,
planning, designing, and implementing a procurement project
based on the agency's needs; if separate, their roles and
responsibilities are defined by the Procuring Entity.
Jury Duty
Emphasizes the responsibility of BAC, TWG, Secretariat
members, and End-User or Implementing Unit to prioritize
procurement assignments over all other duties until the
procurement requirements are completed.
DEFINITION OF TERMS
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Bidder Eligibility:
18
(Reference: RA No. 12009, IRR Section 5)
Environmental
Impact
Refers to effects of products, services, or activities on
the environment and ecosystems.
Green Criteria Refers to standards used to evaluate and select goods
and services based on their environmental impact.
Philippine
Products and
Services
Emphasizes preference for local goods and services.
DEFINITION OF TERMS
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Sustainable Public Procurement:
19
(Reference: RA No. 12009, IRR Section 5)
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KEY FEATURES OF RA NO. 12009 & ITS IRR
STRENGTHENS STRATEGIC
PROCUREMENT PLANNING
AND BUDGETING LINKAGE
PROMOTES VALUE FOR
MONEY AND EFFICIENT
PROCUREMENT
PRACTICES
MODERNIZES PROCUREMENT
PROCESSES AND ENABLES
INTEROPERABILITY
INSTITUTIONALIZES
SUSTAINABLE PUBLIC
PROCUREMENT
ENHANCES TRANSPARENCY
AND ENSURES GREATER
ACCOUNTABILITY
INSTITUTIONALIZES
PROCUREMENT
PROFESSIONALIZATION
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Mandatory Market
Scoping
Risk Management
Whole Life Cycle
Approach
Supply Positioning
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All procurement
shall be
undertaken with
proper and
sufficient
planning and
preparation.
Fit-for-Purpose and
Proportional Strategies
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(Reference: RA No. 12009, IRR Sections 7-19)
STRENGTHENS STRATEGIC PROCUREMENT PLANNING
AND BUDGETING LINKAGE
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Life Cycle Assessment (LCA) & Life Cycle Cost Analysis (LCCA): LCA assesses
environmental impact, while LCCA evaluates total cost from acquisition to disposal for
cost efficiency.
Subcontracting: Provides clear requirements to ensure compliance and accountability.
Multi-year Contracting: Enables long-term contracts for project continuity and budget
efficiency.
Early Procurement Activities (EPA): Allows EPA, short of award, pending budget
approval to prevent project delays.
Design and Build Scheme: Fast-tracks project implementation with a single point of
responsibility for design and construction.
Strategic Procurement Considerations
STRENGTHENS STRATEGIC PROCUREMENT PLANNING
AND BUDGETING LINKAGE
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(Reference: RA No. 12009, IRR Section 7.3)
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Engagement of a Procurement Agent: Now recognized as a strategy to assist PEs with
limited procurement capacity.
Framework Agreement: Expanded to include Goods, Infrastructure, and Consulting
Services for procurement flexibility.
Pooled Procurement: Enhances efficiency through demand aggregation.
Renewal of Regular and Recurring Services: Removes cap on renewals; allows more
than 1-year term contract for telecommunications and office space rentals.
Warehousing and Inventory System: Strengthens storage and tracking with an
auditable system; PEs to develop specific guidelines.
Strategic Procurement Considerations
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(Reference: RA No. 12009, IRR Section 7.3)
STRENGTHENS STRATEGIC PROCUREMENT PLANNING
AND BUDGETING LINKAGE
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KEY FEATURES OF RA NO. 12009 & ITS IRR
STRENGTHENS STRATEGIC
PROCUREMENT PLANNING
AND BUDGETING LINKAGE
PROMOTES VALUE FOR
MONEY AND EFFICIENT
PROCUREMENT
PRACTICES
MODERNIZES PROCUREMENT
PROCESSES AND ENABLES
INTEROPERABILITY
INSTITUTIONALIZES
SUSTAINABLE PUBLIC
PROCUREMENT
ENHANCES TRANSPARENCY
AND ENSURES GREATER
ACCOUNTABILITY
INSTITUTIONALIZES
PROCUREMENT
PROFESSIONALIZATION
25
MODERNIZES PROCUREMENT PROCESSES
AND ENABLES INTEROPERABILITY
🔹Strengthened PhilGEPS
Enhanced data security, integrity, and confidentiality
Features of the PhilGEPS, such as e-Marketplace
🔹Electronic Procurement
End-to-end process from planning to contract management
Interconnected database among relevant agencies
Electronic payment integration
🔹Procurement Data Analytics
Assist Procuring Entities in their procurement planning
Guide oversight bodies for data-driven policy interventions
Shows patterns or trends to detect fraud
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(Reference: RA No. 12009, IRR Sections 20-25)
Strategic Procurement Considerations
Strategic Procurement Considerations
Mandatory Video Recording and Live Streaming
Coverage: All procurement-related conferences for
Competitive Bidding, which includes pre-procurement
conference, pre-bid conference, bid opening, and other
meetings of the BAC, must be video recorded.
Threshold: Above Php10 million for Goods, above
Php20 million pesos for Infrastructure Projects, and
above Php 5 million pesos for Consulting Services.
Video recordings must be stored for a minimum of five
(5) years and be made available to the public upon
request and payment of a fee.
Livestream the preliminary examination and the
opening of the bids to the public on the PE website,
social media account, or any other form of livestreaming
services.
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NOTE:
For procurement
involving national
security, the HoPE can
decide whether to
record the conferences,
considering sensitivity
and confidentiality.
MODERNIZES PROCUREMENT PROCESSES
AND ENABLES INTEROPERABILITY
27
(Reference: RA No. 12009, IRR Section 38)
🔹
🔹
🔹
🔹
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KEY FEATURES OF RA NO. 12009 & ITS IRR
STRENGTHENS STRATEGIC
PROCUREMENT PLANNING
AND BUDGETING LINKAGE
PROMOTES VALUE FOR
MONEY AND EFFICIENT
PROCUREMENT
PRACTICES
MODERNIZES PROCUREMENT
PROCESSES AND ENABLES
INTEROPERABILITY
INSTITUTIONALIZES
SUSTAINABLE PUBLIC
PROCUREMENT
ENHANCES TRANSPARENCY
AND ENSURES GREATER
ACCOUNTABILITY
INSTITUTIONALIZES
PROCUREMENT
PROFESSIONALIZATION
28
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Shopping
Direct Procurement for Science,
Technology, and Innovation
Competitive Dialogue
Direct Acquisition
Unsolicited Offer with Bid Matching
Direct Sales
PROMOTES VALUE FOR MONEY AND
EFFICIENT PROCUREMENT PRACTICES
Negotiated Procurement
Direct Contracting
Competitive Bidding
(No longer the default mode of bidding)
Repeat Order
Small Value Procurement
(Increased to Php2,000,000 for NGAs)
Limited Source Bidding
(Reference: RA No. 12009, IRR Sections 26-37)
MODES OF PROCUREMENT
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QUALITY + PRICE QUALITY
30
(Reference: RA No. 12009, IRR Section 49)
PROMOTES VALUE FOR MONEY AND
EFFICIENT PROCUREMENT PRACTICES
BID EVALUATION / AWARD CRITERIA
GOODS
INFRASTRUCTURE
PROJECTS
CONSULTING
SERVICES
Strengthened Contract Implementation & Management:
The NGPA, through its IRR, consolidates the pertinent
guidelines on contract implementation (i.e., Annex D, E,
and F of RA No. 9184), covering critical aspects, such as
requirements for contract execution, termination,
modifications, liquidated damages, and advance payments, if
applicable.
Modifications during Contract Implementation: Applies to
all types of procurement, including Consulting Services
which now allows Contract Amendment where the total
increase in cost does not exceed 20% of the original
contract price.
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(Reference: RA No. 12009, IRR Section 71)
PROMOTES VALUE FOR MONEY AND
EFFICIENT PROCUREMENT PRACTICES
CONTRACT IMPLEMENTATION & TERMINATION
🔹
🔹
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KEY FEATURES OF RA NO. 12009 & ITS IRR
STRENGTHENS STRATEGIC
PROCUREMENT PLANNING
AND BUDGETING LINKAGE
PROMOTES VALUE FOR
MONEY AND EFFICIENT
PROCUREMENT
PRACTICES
MODERNIZES PROCUREMENT
PROCESSES AND ENABLES
INTEROPERABILITY
INSTITUTIONALIZES
SUSTAINABLE PUBLIC
PROCUREMENT
ENHANCES TRANSPARENCY
AND ENSURES GREATER
ACCOUNTABILITY
INSTITUTIONALIZES
PROCUREMENT
PROFESSIONALIZATION
32
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ENHANCES TRANSPARENCY AND ENSURES
GREATER ACCOUNTABILITY MEASURES
1.COA
2.From a duly recognized private group in
a sector or discipline relevant to the
procurement at hand
3.From a civil society organization (CSO)
or people’s organization (PO) which
shall meet the qualifications
Note:
Observer’s mandatory submission of
reports
GPPB to maintain a registry or roster of
qualified observers
The beneficial ownership information
shall be a requirement to participate
in government procurement,
specifically: Competitive Bidding,
Limited Source Bidding, Competitive
Dialogue, or Unsolicited Offer with Bid
Matching.
The GPPB shall maintain an online
registry of beneficial ownership
information of bidders which shall be
accessible to the public.
(Reference: RA No. 12009, IRR Sections 43 and 82)
Expanded Role of Observers Full Disclosure of Beneficial Ownership
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ENHANCES TRANSPARENCY AND ENSURES
GREATER ACCOUNTABILITY MEASURES
(Reference: RA No. 12009, IRR Sections 83, 85, and 87)
Allows bidders to formally
contest procurement
decisions of the BAC they
believe are unfair or non-
compliant with the law.
Contents of a verified position
paper
Electronic filing system to be
develop by the GPPB
Resort to Courts: Allowed
only after exhausting all
administrative remedies
Temporary Restraining
Orders (TROs): Only the
Supreme Court can issue a
TRO, preliminary injunction,
or mandatory injunction in
procurement cases.
Allows parties to settle
procurement disputes outside of
court through agreed resolution
methods.
Includes mediation, conciliation,
early neutral evaluation, mini-trial,
or a combination thereof under
RA No. 9285.
Construction-related disputes
must be referred to the
Construction Industry
Arbitration Commission (CIAC).
PROTEST MECHANISM JUDICIAL INTERVENTION ALTERNATIVE DISPUTE
RESOLUTION
REVIEW AND APPEAL MECHANISMS
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🔹Offenses
(i) Premature opening of bids and
disclosure of contents;
(ii) Unjustified delays in procurement
processes;
ENHANCES TRANSPARENCY AND ENSURES GREATER
ACCOUNTABILITY MEASURES
1.Administrative penalties
even without criminal
prosecution.
2.Preventive suspension of
BAC, TWG, or Secretariat
members during
investigation.
3.Civil liability for damages or
unwarranted benefits upon
conviction.
iii) Undue influence on BAC members or procurement
officers;
(iv) Contract splitting to bypass bidding thresholds;
(v) Abusing bid rejection powers for preferential
treatment;
(vi) Simulating procurement eligibility requirements; or
(vii) Non-compliance with mandatory procurement
provisions.
35
(Reference: RA No. 12009, IRR Section 92)
SANCTIONS
ADMINISTRATIVE LIABILITIES OF PUBLIC OFFICERS
🔹Corrective measure based on severity of offense:
Fines for violations.
Rehabilitation & corrective action plans for compliance.
Probationary monitoring of performance.
Mandatory trainings/workshops to improve procurement practices.
🔹Offenses are identified under each penalty.
ADMINISTRATIVE LIABILITIES OF PRIVATE ENTITIES
Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are
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ENHANCES TRANSPARENCY AND ENSURES GREATER
ACCOUNTABILITY MEASURES
🔹Penalties:
Suspension prohibits participation in specific PE for a set period;
mere violation of rules and procedures.
Blacklisting disqualifies entities from all government
procurements, either for a set period or permanently; grounds are
tainted with fraud or collusion.
36
(Reference: RA No. 12009, IRR Section 98)
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KEY FEATURES OF RA NO. 12009 & ITS IRR
STRENGTHENS STRATEGIC
PROCUREMENT PLANNING
AND BUDGETING LINKAGE
PROMOTES VALUE FOR
MONEY AND EFFICIENT
PROCUREMENT
PRACTICES
MODERNIZES PROCUREMENT
PROCESSES AND ENABLES
INTEROPERABILITY
INSTITUTIONALIZES
SUSTAINABLE PUBLIC
PROCUREMENT
ENHANCES TRANSPARENCY
AND ENSURES GREATER
ACCOUNTABILITY
INSTITUTIONALIZES
PROCUREMENT
PROFESSIONALIZATION
37
🔹 Green Public Procurement: mandates government entities to
incorporate environmentally friendly criteria in their procurement
processes, aiming to reduce the ecological footprint of public purchases.
🔹Development of a Green Market: calls for the creation of a Green Local
Market to promote sustainable local products and services, supported by a
DTI-led certification program for green products.
🔹Inclusive Procurement Program: aims to provide equal opportunities in
government procurement to vulnerable sectors, microenterprises, social
enterprises, and startups, emphasizing inclusivity across various social
and economic dimensions.
🔹Gender Responsive Procurement: reinforces the commitment to gender
equality by requiring procuring entities to prioritize gender equity in all
procurement activities, with policies being developed to promote fair
competition with a focus on gender parity.
INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT
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ECONOMIC
ENVIRONMENTAL
SOCIAL
(Reference: RA No. 12009, IRR Sections 72, 74 - 77)
38
Green Public Procurement (GPP) is an approach which
Procuring Entities must acquire Goods, Infrastructure, &
Consulting Services with reduced environmental impact
throughout their life cycle.
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(Reference: RA No. 12009, IRR Section 73)
🔹 Green criteria must be embedded in procurement planning, design, and
specifications to support climate action & disaster resilience.
🔹Bids that include green specifications will be given greater weight during
evaluation.
INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT
🔹Procuring Entities must submit annual reports on the quantity
and value of green procurements to the GPPB to improve
environmental standards and track progress.
39
Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are
encouraged to regularly check for updates to ensure they are referencing the most current information.
2025-0001
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KEY FEATURES OF RA NO. 12009 & ITS IRR
STRENGTHENS STRATEGIC
PROCUREMENT PLANNING
AND BUDGETING LINKAGE
PROMOTES VALUE FOR
MONEY AND EFFICIENT
PROCUREMENT
PRACTICES
MODERNIZES PROCUREMENT
PROCESSES AND ENABLES
INTEROPERABILITY
INSTITUTIONALIZES
SUSTAINABLE PUBLIC
PROCUREMENT
ENHANCES TRANSPARENCY
AND ENSURES GREATER
ACCOUNTABILITY
INSTITUTIONALIZES
PROCUREMENT
PROFESSIONALIZATION
40
The DBM shall create procurement positions based on CSC-approved qualification
requirements, as recommended by the GPPB, to ensure expertise in procurement.
The GPPB shall develop the following:
The PRC shall develop Professional Licensing Requirements, in consultation with the
GPPB.
INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION
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Competency
Framework
Skills, knowledge, and
abilities required for
procurement
professionals.
Certification
Framework
Implements a
certification system to
validate procurement
expertise.
Code of Ethics
Ethical standards
and principles to
guide procurement
professionals
Inclusive Capacity
Development Program
Procurement practitioners from
both public and private sectors to
ensure accountability, supplier
diversity, competition, efficiency
and value for money
41
WHOLE-OF-GOVERNMENT PROCUREMENT APPROACH
WHOLE-OF-GOVERNMENT APPROACH
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🔹 The GPPB will provide continuous training, capacity-building,
and support to stakeholders involved in government procurement.
(Reference: RA No. 12009, IRR Section 109)
INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION
🔹Government agencies, including SUCs, GOCCs, GFIs, and
LGUs, must allocate a portion of their capacity development
funds for training BAC members, Secretariats, and TWGs.
🔹The GPPB will partner with SUCs and other institutions to deliver
training programs and set standards for accreditation.
🔹Procuring Entities, through the HoPE, must submit
progress reports to the GPPB on capacity development.
42
🔹BAC Establishment
Each Procuring Entity must establish a BAC at its head office.
Decentralized units act as their own PE, with HoPE delegating authority.
Multiple BACs may be created for efficiency when necessary.
🔹Other Important Points
Chief Accountant (or LGU Treasurer) cannot be a regular BAC member.
Fixed BAC term: 1 year, renewable up to 3 consecutive terms (HoPE may extend).
Staggered designations encouraged for knowledge transfer.
BIDS AND AWARDS COMMITTEE
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(Reference: RA No. 12009, IRR Section 41)
🔹BAC Composition
Five (5) OR seven (7) members.
Provisional member may include
sustainability officers.
44
BIDS AND AWARDS COMMITTEE
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encouraged to regularly check for updates to ensure they are referencing the most current information.
2025-0001
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🔹BAC Functions (Revised under RA No. 12009)
A. Recommend to the HoPE the use of any modes of procurement under
Rule IV of the IRR.
I. Recommend award of contracts to the HoPE or the duly authorized
representative; Provided, that in the event the HoPE shall disapprove
such recommendation, such disapproval shall be based only on valid,
reasonable, and justifiable grounds to be expressed in writing, copy
furnished the BAC;
K. Prepare a procurement monitoring report that shall be approved and
submitted by the HoPE to the GPPB on a semestral basis. The contents and
coverage of this report shall be in the form prescribed by the GPPB provided
in this IRR.
(Reference: RA No. 12009, IRR Section 42)
45
🔹BAC Honoraria
Eligibility and Amount
All BAC, TWG, and Ad Hoc Secretariat Members
may receive honoraria up to 30% of their basic
monthly salary, subject to fund availability.
Undersecretaries, Assistant Secretaries, and
equivalent ranks designated as BAC members
are also entitled to honoraria.
BIDS AND AWARDS COMMITTEE
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encouraged to regularly check for updates to ensure they are referencing the most current information.
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(Reference: RA No. 12009, IRR Section 45)
Exclusion
Officials and employees whose primary function is procurement are not
entitled to honoraria.
46
GOVERNMENT PROCUREMENT POLICY BOARD
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GPPBMEMBERSHIP
DBM NEDA DepEd
DILG DND DoTr
DPWH
PS-DBM
PRIVATESECTOR
REPRESENTATIVE
DBM
NEDA DepEd DILG DND DoTr
DPWH DOE DOF
DOH DICT
DOST DTI PhilSA
PRIVATESECTOR
REPRESENTATIVE
RA No. 9184 RA No. 12009
(Reference: RA No. 12009, IRR Section 91)
47
Enhanced Role and Functions
GOVERNMENT PROCUREMENT POLICY BOARD
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🔹Central Policy & Oversight Body: Leads public procurement reforms while
aligning with regional and international obligations.
(Reference: RA No. 12009, IRR Section 91)
🔹Key Functions:
Policy Development – Formulates and amends IRR,
procurement manuals, bidding documents, and standard
forms; establishes an online automated system for
inquiries.
Procurement Professionalization – Implements capacity-building programs
for procurement practitioners.
Strategic Procurement Monitoring – Uses data analytics for improved
procurement planning and evidence-based policymaking.
48
Selection of forms of
securities:
For bid securities: at the
option of the bidders.
For performance securities:,
warranty securities, and
advance payment securities:
at the discretion of the
Procuring Entity.
Letter of Credit or bank
guarantee issued by any
bank
REVISED SECURITY
POLICIES
JOINT VENTURE
PARTICIPATION
PERIOD OF
ACTION
OTHER NOTABLE CHANGES
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RA No. 12009 now sets
specific qualifications
for joint ventures.
Each partner’s primary
purpose must be related
to the procurement
project
(Reference: RA No. 12009, IRR
Sections 56, 68, 90, 71.2.5 )
The procurement process
(from bid opening to
contract award) must not
exceed 60 calendar days
(previously 90 days under
RA No. 9184).
The GPPB may adjust
this period, but not
beyond 90 days.
(Reference: RA No. 12009, IRR
Section 67)
(Reference: RA No. 12009, IRR
Section 52)
49
Movable properties shall also be
subject to government procurement
using the most applicable mode of
procurement.
Example: Lease of Photocopiers
LEASE OF MOVABLE PROPERTIES
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(Reference: RA No. 12009, IRR Section 80)
50
QUESTION & ANSWER
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encouraged to regularly check for updates to ensure they are referencing the most current information.
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51
(02) 5322 6222
LEARNING.GPPB.GOV.PH
TRAINING@GPPB.GOV.PH
COMMONWEALTH AVE., DILIMAN, QUEZON CITY

01 KEY PROVISIONS on NGPA and PROFESSIONALIZATION.pdf

  • 1.
  • 2.
    At the endof this module, learners are expected to: UNDERSTAND the background and rationale behind the development of Republic Act (RA) No. 12009. INTRODUCE the new provisions under RA No. 12009 and its Implementing Rules and Regulations (IRR) from RA No. 9184 and its IRR. EXPLAIN the key reforms and improvements under RA No. 12009 and its IRR for application in procurement projects. OBJECTIVES Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 2
  • 3.
    1.Brief Background ofthe NGPA 2.General Provisions of the NGPA and its IRR 3.Key Features of the NGPA and its IRR OUTLINE Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 3
  • 5.
    WHY THE CHANGE? Note:Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 5 Identified gaps in RA No. 9184: slow processes, low bidder participation, and challenges in contract implementation Need for modernization: digital transformation, sustainable procurement approaches, and risk-based procurement planning
  • 6.
    TIMELINE OF REFORMS Note:Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 6 Assessment of Public Procurement in the Philippines 2019-2021 Early Recommendations on Reforms to RA No. 9184 2022 Consultations & Stakeholder Engagements on the Updating of Procurement Rules 2022-2023 Legislative Process 2023-2024 Approval and Publication of RA No. 12009 July 2024 Publication of the IRR February 2025 Approval of Standard Forms May 2025 Transitory Period (After 3 years from the approval of standard forms) 2025-2028 Full compliance with RA No. 12009 May 2028
  • 7.
    🔹 The IRRof RA No. 12009 took effect on February 25, 2025 or 15 days after its publication on February 10, 2025. 🔹Standard procurement forms were approved on May 14, 2025. 🔹 The GPPB, HoPE, Procuring Entities, and BACs have three (3) years from the approval of standard bidding forms to fully comply with the NGPA. TRANSITORY PROVISION Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 7 (Reference: RA No. 12009, IRR Section 113)
  • 8.
    Republic Act (RA)No. 12009: prevailing law governing public procurement. Implementing Rules and Regulations (IRR): detailed guide for Procuring Entities and other stakeholders on how to apply the law, as approved by the Government Procurement Policy Board (GPPB). Guidelines: supplement the IRR on specific aspects or instances in procurement, as issued by the GPPB. (Reference: RA No. 12009, IRR Sections 4 & 112 in relation to Section 91) HIERARCHY OF PROCUREMENT REGULATIONS Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Manuals or Toolkits: practical resources on the step-by-step procedures for implementing the IRR and guidelines, as developed by the GPPB. Standard Bidding Forms: templates related to government procurement that ensure consistency across Procuring Entities, as issued by the GPPB. (Reference: RA No. 12009, IRR Section 6) 8
  • 9.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 9 KNOWLEDGE CHECK Considering that RA No. 9184 and its IRR are already repealed, may procuring entities still use its provisions, forms, guidelines and circulars to implement RA No. 12009? 2025-0003 V.2 | 27 JUNE 2025
  • 10.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. KNOWLEDGE CHECK ANSWER: RA No. 12009 and its IRR should already be applied during the transition period. Nonetheless, Procuring Entities may continue to use existing forms and guidelines issued under RA No. 9184. For provisions in RA No. 12009 that do not yet have specific guidelines but are substantively similar to those under RA No. 9184—such as those on Framework Agreement (FA), Design and Build (D&B) Scheme, Early Procurement Activities (EPA), and others— entities may apply the corresponding RA No. 9184 guidelines, provided they are consistent with the new law. This approach ensures continuity and compliance without interrupting procurement processes. 2025-0003 V.2 | 27 JUNE 2025 10 Z (Reference: RA No. 12009, IRR Sections 6.2 and 113.3)
  • 12.
    The provisions ofthis IRR align with the commitment of the Government of the Philippines to: Promote the ideals of good governance; Achieve value for money; and Ensure the most advantageous outcome for government by interpreting the rules in favor of government procurement. DECLARATION OF POLICY Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 12 (Reference: RA No. 12009, IRR Section 2)
  • 13.
    GOVERNING PRINCIPLES Note: Anyunauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Enhanced Accountability Participatory Procurement Sustainability Professionalism Open contracting practices and standards Enhanced Transparency Improved Competitiveness Proportionality Increased Efficiency Equal Opportunity to all Private and Public Entities Use of emerging technologies and innovative solutions New principle to ensure fit-for-purpose approaches Administrative liability of both public officers and private entities Enhances the role of Observers that include CSOs and POs New principle to consider social, economic, and environmental impact to procurement projects New principle to institutionalize professionalization of procurement practitioners 13 (Reference: RA No. 12009, IRR Section 3)
  • 14.
    SCOPE AND APPLICATION GOODS INFRASTRUCTURE PROJECTS CONSULTING SERVICES Scope:Applies to all procurement by any branch, agency, department, bureau, office, or instrumentality of the GoP, including GOCCs, GFIs, SUCs, and LGUs, regardless of source of funds. Treaties or international or executive agreements prevail over the IRR in case of conflict. If silent on foreign-funded procurement, the IRR applies. Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 14 (Reference: RA No. 12009, IRR Section 4)
  • 15.
    EXCLUSIONS / EXCEPTIONS GOODS INFRASTRUCTURE PROJECTS CONSULTING SERVICES 🔹RA12009 AND ITS IRR SHALL NOT APPLY TO: Procurement funded from foreign grants, unless the GoP and the foreign grantor agree otherwise; Acquisition of real property governed by the right of way; and Public-private sector infrastructure or development projects covered by the PPP, provided that for portions financed by the GoP, the IRR shall apply 🔹NON-PROCUREMENT ACTIVITIES: Direct assistance, in cash or in kind, to beneficiaries; Participation in local or foreign scholarships or trainings governed by CSC, DBM, or COA, including regular assessment or review programs and strategic planning sessions governed by applicable COA, CSC and DBM rules and regulations; Engagement of Contract of Service and Job Order personnel; and Disposal of government properties, unless otherwise provided Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 15 (Reference: RA No. 12009, IRR Section 4)
  • 16.
    Approved Budget for theContract Now includes the phrase “within authorized amount” to provide clarity and flexibility Beneficial Owner Requires full disclosure of ultimate owners or controlling interests of bidders Fit-for-Purpose Emphasizes procurement approaches to meet specific project needs and objectives Life Cycle Cost Considers the total cost of ownership over the entire life of an asset Value for Money Focuses on achieving the most advantageous combination of cost, quality, and sustainability DEFINITION OF TERMS Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Procurement-specific Concepts: 16 (Reference: RA No. 12009, IRR Section 5)
  • 17.
    Legal Eligibility Refers to thelegal capacity of a bidder as evidenced by permits, licenses, and/or registrations required by law to enter into contracts with the government. Financial Eligibility Pertains to the financial capacity of a bidder to undertake and complete the procurement project. Technical Eligibility Having the experience or expertise to undertake the procurement project. DEFINITION OF TERMS Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Bidder Eligibility: 17 (Reference: RA No. 12009, IRR Section 5)
  • 18.
    Blacklisting Refers to anadministrative penalty imposed by the Head of Procuring Entity that prohibits a person or entity, including its affiliates, from participating in all government procurement activities for a specified period. End-User or Implementing Unit Pertains to the office or employee responsible for identifying, planning, designing, and implementing a procurement project based on the agency's needs; if separate, their roles and responsibilities are defined by the Procuring Entity. Jury Duty Emphasizes the responsibility of BAC, TWG, Secretariat members, and End-User or Implementing Unit to prioritize procurement assignments over all other duties until the procurement requirements are completed. DEFINITION OF TERMS Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Bidder Eligibility: 18 (Reference: RA No. 12009, IRR Section 5)
  • 19.
    Environmental Impact Refers to effectsof products, services, or activities on the environment and ecosystems. Green Criteria Refers to standards used to evaluate and select goods and services based on their environmental impact. Philippine Products and Services Emphasizes preference for local goods and services. DEFINITION OF TERMS Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Sustainable Public Procurement: 19 (Reference: RA No. 12009, IRR Section 5)
  • 21.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 KEY FEATURES OF RA NO. 12009 & ITS IRR STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 21
  • 22.
    Mandatory Market Scoping Risk Management WholeLife Cycle Approach Supply Positioning Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 All procurement shall be undertaken with proper and sufficient planning and preparation. Fit-for-Purpose and Proportional Strategies 22 (Reference: RA No. 12009, IRR Sections 7-19) STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE
  • 23.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Life Cycle Assessment (LCA) & Life Cycle Cost Analysis (LCCA): LCA assesses environmental impact, while LCCA evaluates total cost from acquisition to disposal for cost efficiency. Subcontracting: Provides clear requirements to ensure compliance and accountability. Multi-year Contracting: Enables long-term contracts for project continuity and budget efficiency. Early Procurement Activities (EPA): Allows EPA, short of award, pending budget approval to prevent project delays. Design and Build Scheme: Fast-tracks project implementation with a single point of responsibility for design and construction. Strategic Procurement Considerations STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE 23 (Reference: RA No. 12009, IRR Section 7.3)
  • 24.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Engagement of a Procurement Agent: Now recognized as a strategy to assist PEs with limited procurement capacity. Framework Agreement: Expanded to include Goods, Infrastructure, and Consulting Services for procurement flexibility. Pooled Procurement: Enhances efficiency through demand aggregation. Renewal of Regular and Recurring Services: Removes cap on renewals; allows more than 1-year term contract for telecommunications and office space rentals. Warehousing and Inventory System: Strengthens storage and tracking with an auditable system; PEs to develop specific guidelines. Strategic Procurement Considerations 24 (Reference: RA No. 12009, IRR Section 7.3) STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE
  • 25.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 KEY FEATURES OF RA NO. 12009 & ITS IRR STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 25
  • 26.
    MODERNIZES PROCUREMENT PROCESSES ANDENABLES INTEROPERABILITY 🔹Strengthened PhilGEPS Enhanced data security, integrity, and confidentiality Features of the PhilGEPS, such as e-Marketplace 🔹Electronic Procurement End-to-end process from planning to contract management Interconnected database among relevant agencies Electronic payment integration 🔹Procurement Data Analytics Assist Procuring Entities in their procurement planning Guide oversight bodies for data-driven policy interventions Shows patterns or trends to detect fraud Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 26 (Reference: RA No. 12009, IRR Sections 20-25)
  • 27.
    Strategic Procurement Considerations StrategicProcurement Considerations Mandatory Video Recording and Live Streaming Coverage: All procurement-related conferences for Competitive Bidding, which includes pre-procurement conference, pre-bid conference, bid opening, and other meetings of the BAC, must be video recorded. Threshold: Above Php10 million for Goods, above Php20 million pesos for Infrastructure Projects, and above Php 5 million pesos for Consulting Services. Video recordings must be stored for a minimum of five (5) years and be made available to the public upon request and payment of a fee. Livestream the preliminary examination and the opening of the bids to the public on the PE website, social media account, or any other form of livestreaming services. Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 NOTE: For procurement involving national security, the HoPE can decide whether to record the conferences, considering sensitivity and confidentiality. MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY 27 (Reference: RA No. 12009, IRR Section 38) 🔹 🔹 🔹 🔹
  • 28.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 KEY FEATURES OF RA NO. 12009 & ITS IRR STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 28
  • 29.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 29 Shopping Direct Procurement for Science, Technology, and Innovation Competitive Dialogue Direct Acquisition Unsolicited Offer with Bid Matching Direct Sales PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES Negotiated Procurement Direct Contracting Competitive Bidding (No longer the default mode of bidding) Repeat Order Small Value Procurement (Increased to Php2,000,000 for NGAs) Limited Source Bidding (Reference: RA No. 12009, IRR Sections 26-37) MODES OF PROCUREMENT
  • 30.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 QUALITY + PRICE QUALITY 30 (Reference: RA No. 12009, IRR Section 49) PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES BID EVALUATION / AWARD CRITERIA
  • 31.
    GOODS INFRASTRUCTURE PROJECTS CONSULTING SERVICES Strengthened Contract Implementation& Management: The NGPA, through its IRR, consolidates the pertinent guidelines on contract implementation (i.e., Annex D, E, and F of RA No. 9184), covering critical aspects, such as requirements for contract execution, termination, modifications, liquidated damages, and advance payments, if applicable. Modifications during Contract Implementation: Applies to all types of procurement, including Consulting Services which now allows Contract Amendment where the total increase in cost does not exceed 20% of the original contract price. Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 31 (Reference: RA No. 12009, IRR Section 71) PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES CONTRACT IMPLEMENTATION & TERMINATION 🔹 🔹
  • 32.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 KEY FEATURES OF RA NO. 12009 & ITS IRR STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 32
  • 33.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 33 ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY MEASURES 1.COA 2.From a duly recognized private group in a sector or discipline relevant to the procurement at hand 3.From a civil society organization (CSO) or people’s organization (PO) which shall meet the qualifications Note: Observer’s mandatory submission of reports GPPB to maintain a registry or roster of qualified observers The beneficial ownership information shall be a requirement to participate in government procurement, specifically: Competitive Bidding, Limited Source Bidding, Competitive Dialogue, or Unsolicited Offer with Bid Matching. The GPPB shall maintain an online registry of beneficial ownership information of bidders which shall be accessible to the public. (Reference: RA No. 12009, IRR Sections 43 and 82) Expanded Role of Observers Full Disclosure of Beneficial Ownership
  • 34.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 34 ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY MEASURES (Reference: RA No. 12009, IRR Sections 83, 85, and 87) Allows bidders to formally contest procurement decisions of the BAC they believe are unfair or non- compliant with the law. Contents of a verified position paper Electronic filing system to be develop by the GPPB Resort to Courts: Allowed only after exhausting all administrative remedies Temporary Restraining Orders (TROs): Only the Supreme Court can issue a TRO, preliminary injunction, or mandatory injunction in procurement cases. Allows parties to settle procurement disputes outside of court through agreed resolution methods. Includes mediation, conciliation, early neutral evaluation, mini-trial, or a combination thereof under RA No. 9285. Construction-related disputes must be referred to the Construction Industry Arbitration Commission (CIAC). PROTEST MECHANISM JUDICIAL INTERVENTION ALTERNATIVE DISPUTE RESOLUTION REVIEW AND APPEAL MECHANISMS
  • 35.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 🔹Offenses (i) Premature opening of bids and disclosure of contents; (ii) Unjustified delays in procurement processes; ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY MEASURES 1.Administrative penalties even without criminal prosecution. 2.Preventive suspension of BAC, TWG, or Secretariat members during investigation. 3.Civil liability for damages or unwarranted benefits upon conviction. iii) Undue influence on BAC members or procurement officers; (iv) Contract splitting to bypass bidding thresholds; (v) Abusing bid rejection powers for preferential treatment; (vi) Simulating procurement eligibility requirements; or (vii) Non-compliance with mandatory procurement provisions. 35 (Reference: RA No. 12009, IRR Section 92) SANCTIONS ADMINISTRATIVE LIABILITIES OF PUBLIC OFFICERS
  • 36.
    🔹Corrective measure basedon severity of offense: Fines for violations. Rehabilitation & corrective action plans for compliance. Probationary monitoring of performance. Mandatory trainings/workshops to improve procurement practices. 🔹Offenses are identified under each penalty. ADMINISTRATIVE LIABILITIES OF PRIVATE ENTITIES Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY MEASURES 🔹Penalties: Suspension prohibits participation in specific PE for a set period; mere violation of rules and procedures. Blacklisting disqualifies entities from all government procurements, either for a set period or permanently; grounds are tainted with fraud or collusion. 36 (Reference: RA No. 12009, IRR Section 98)
  • 37.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 KEY FEATURES OF RA NO. 12009 & ITS IRR STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 37
  • 38.
    🔹 Green PublicProcurement: mandates government entities to incorporate environmentally friendly criteria in their procurement processes, aiming to reduce the ecological footprint of public purchases. 🔹Development of a Green Market: calls for the creation of a Green Local Market to promote sustainable local products and services, supported by a DTI-led certification program for green products. 🔹Inclusive Procurement Program: aims to provide equal opportunities in government procurement to vulnerable sectors, microenterprises, social enterprises, and startups, emphasizing inclusivity across various social and economic dimensions. 🔹Gender Responsive Procurement: reinforces the commitment to gender equality by requiring procuring entities to prioritize gender equity in all procurement activities, with policies being developed to promote fair competition with a focus on gender parity. INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 ECONOMIC ENVIRONMENTAL SOCIAL (Reference: RA No. 12009, IRR Sections 72, 74 - 77) 38
  • 39.
    Green Public Procurement(GPP) is an approach which Procuring Entities must acquire Goods, Infrastructure, & Consulting Services with reduced environmental impact throughout their life cycle. Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 (Reference: RA No. 12009, IRR Section 73) 🔹 Green criteria must be embedded in procurement planning, design, and specifications to support climate action & disaster resilience. 🔹Bids that include green specifications will be given greater weight during evaluation. INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT 🔹Procuring Entities must submit annual reports on the quantity and value of green procurements to the GPPB to improve environmental standards and track progress. 39
  • 40.
    Note: Any unauthorizedsharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 KEY FEATURES OF RA NO. 12009 & ITS IRR STRENGTHENS STRATEGIC PROCUREMENT PLANNING AND BUDGETING LINKAGE PROMOTES VALUE FOR MONEY AND EFFICIENT PROCUREMENT PRACTICES MODERNIZES PROCUREMENT PROCESSES AND ENABLES INTEROPERABILITY INSTITUTIONALIZES SUSTAINABLE PUBLIC PROCUREMENT ENHANCES TRANSPARENCY AND ENSURES GREATER ACCOUNTABILITY INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 40
  • 41.
    The DBM shallcreate procurement positions based on CSC-approved qualification requirements, as recommended by the GPPB, to ensure expertise in procurement. The GPPB shall develop the following: The PRC shall develop Professional Licensing Requirements, in consultation with the GPPB. INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 Competency Framework Skills, knowledge, and abilities required for procurement professionals. Certification Framework Implements a certification system to validate procurement expertise. Code of Ethics Ethical standards and principles to guide procurement professionals Inclusive Capacity Development Program Procurement practitioners from both public and private sectors to ensure accountability, supplier diversity, competition, efficiency and value for money 41
  • 42.
    WHOLE-OF-GOVERNMENT PROCUREMENT APPROACH WHOLE-OF-GOVERNMENTAPPROACH Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 🔹 The GPPB will provide continuous training, capacity-building, and support to stakeholders involved in government procurement. (Reference: RA No. 12009, IRR Section 109) INSTITUTIONALIZES PROCUREMENT PROFESSIONALIZATION 🔹Government agencies, including SUCs, GOCCs, GFIs, and LGUs, must allocate a portion of their capacity development funds for training BAC members, Secretariats, and TWGs. 🔹The GPPB will partner with SUCs and other institutions to deliver training programs and set standards for accreditation. 🔹Procuring Entities, through the HoPE, must submit progress reports to the GPPB on capacity development. 42
  • 44.
    🔹BAC Establishment Each ProcuringEntity must establish a BAC at its head office. Decentralized units act as their own PE, with HoPE delegating authority. Multiple BACs may be created for efficiency when necessary. 🔹Other Important Points Chief Accountant (or LGU Treasurer) cannot be a regular BAC member. Fixed BAC term: 1 year, renewable up to 3 consecutive terms (HoPE may extend). Staggered designations encouraged for knowledge transfer. BIDS AND AWARDS COMMITTEE Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 (Reference: RA No. 12009, IRR Section 41) 🔹BAC Composition Five (5) OR seven (7) members. Provisional member may include sustainability officers. 44
  • 45.
    BIDS AND AWARDSCOMMITTEE Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 🔹BAC Functions (Revised under RA No. 12009) A. Recommend to the HoPE the use of any modes of procurement under Rule IV of the IRR. I. Recommend award of contracts to the HoPE or the duly authorized representative; Provided, that in the event the HoPE shall disapprove such recommendation, such disapproval shall be based only on valid, reasonable, and justifiable grounds to be expressed in writing, copy furnished the BAC; K. Prepare a procurement monitoring report that shall be approved and submitted by the HoPE to the GPPB on a semestral basis. The contents and coverage of this report shall be in the form prescribed by the GPPB provided in this IRR. (Reference: RA No. 12009, IRR Section 42) 45
  • 46.
    🔹BAC Honoraria Eligibility andAmount All BAC, TWG, and Ad Hoc Secretariat Members may receive honoraria up to 30% of their basic monthly salary, subject to fund availability. Undersecretaries, Assistant Secretaries, and equivalent ranks designated as BAC members are also entitled to honoraria. BIDS AND AWARDS COMMITTEE Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 (Reference: RA No. 12009, IRR Section 45) Exclusion Officials and employees whose primary function is procurement are not entitled to honoraria. 46
  • 47.
    GOVERNMENT PROCUREMENT POLICYBOARD Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 GPPBMEMBERSHIP DBM NEDA DepEd DILG DND DoTr DPWH PS-DBM PRIVATESECTOR REPRESENTATIVE DBM NEDA DepEd DILG DND DoTr DPWH DOE DOF DOH DICT DOST DTI PhilSA PRIVATESECTOR REPRESENTATIVE RA No. 9184 RA No. 12009 (Reference: RA No. 12009, IRR Section 91) 47
  • 48.
    Enhanced Role andFunctions GOVERNMENT PROCUREMENT POLICY BOARD Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 🔹Central Policy & Oversight Body: Leads public procurement reforms while aligning with regional and international obligations. (Reference: RA No. 12009, IRR Section 91) 🔹Key Functions: Policy Development – Formulates and amends IRR, procurement manuals, bidding documents, and standard forms; establishes an online automated system for inquiries. Procurement Professionalization – Implements capacity-building programs for procurement practitioners. Strategic Procurement Monitoring – Uses data analytics for improved procurement planning and evidence-based policymaking. 48
  • 49.
    Selection of formsof securities: For bid securities: at the option of the bidders. For performance securities:, warranty securities, and advance payment securities: at the discretion of the Procuring Entity. Letter of Credit or bank guarantee issued by any bank REVISED SECURITY POLICIES JOINT VENTURE PARTICIPATION PERIOD OF ACTION OTHER NOTABLE CHANGES Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 RA No. 12009 now sets specific qualifications for joint ventures. Each partner’s primary purpose must be related to the procurement project (Reference: RA No. 12009, IRR Sections 56, 68, 90, 71.2.5 ) The procurement process (from bid opening to contract award) must not exceed 60 calendar days (previously 90 days under RA No. 9184). The GPPB may adjust this period, but not beyond 90 days. (Reference: RA No. 12009, IRR Section 67) (Reference: RA No. 12009, IRR Section 52) 49
  • 50.
    Movable properties shallalso be subject to government procurement using the most applicable mode of procurement. Example: Lease of Photocopiers LEASE OF MOVABLE PROPERTIES Note: Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 (Reference: RA No. 12009, IRR Section 80) 50
  • 51.
    QUESTION & ANSWER Note:Any unauthorized sharing, reproduction, or commercialization is strictly prohibited and may be subject to legal action. Please note that the GPPB-TSO is not liable for any inaccuracies arising from the use of outdated versions. Users are encouraged to regularly check for updates to ensure they are referencing the most current information. 2025-0001 V.2 | 27 JUNE 2025 51
  • 52.