RA 12009 IRR Effectivity: Transition Rules from RA 9184 Explained

The Implementing Rules and Regulations (IRR) of Republic Act No. 12009, the New Government Procurement Act, was issued pursuant to Section 112 of RA 12009. Under the law, the IRR takes effect after its publication in a newspaper of general circulation or in the Official Gazette, and the transition from the old procurement law, RA 9184, is governed by the effectivity and transitory provisions of RA 12009 itself. Procurement activities already commenced under RA 9184 before the effectivity of RA 12009 are generally allowed to proceed under the old rules, while new procurements must comply with RA 12009 and its IRR.

What the RA 12009 IRR is and why it matters

The IRR was issued pursuant to Section 112 of RA 12009, otherwise known as the New Government Procurement Act. Its stated purpose is to prescribe the necessary rules and regulations for the procurement activities of the Government of the Philippines, in accordance with the state policies and principles declared under the Act.

The IRR is formulated to assist Procuring Entities in the conduct of procurement planning up to contract implementation, to facilitate government procurement and delivery of public service. It applies to all procurement by any branch, agency, department, bureau, office, or instrumentality of the government, including government-owned or controlled corporations, government financial institutions, state universities and colleges, and local government units.

How the effectivity of the IRR works

The IRR is issued under Section 112 of RA 12009. Under the law, the IRR becomes effective after its publication in a newspaper of general circulation or in the Official Gazette. The specific date of effectivity is fixed by the publication of the IRR itself.

Once effective, the IRR governs all covered procurement activities. In case of doubt in the application, interpretation, and construction of any of the provisions under RA 12009 and the IRR, the same shall be resolved in favor of government procurement, per Section 2 of the IRR.

Transition from RA 9184 to RA 12009

RA 12009 revised RA 9184, otherwise known as the Government Procurement Reform Act. The transition is governed by the effectivity and transitory provisions of RA 12009. The general rule is that procurement activities already commenced under RA 9184 before the effectivity of RA 12009 continue to be governed by RA 9184 and its IRR, while procurement activities commenced after the effectivity of RA 12009 are governed by the new law and its IRR.

Procuring Entities with existing contracts and ongoing procurement projects should review their status to determine which regime applies. The IRR itself is formulated to assist Procuring Entities in the conduct of procurement planning up to contract implementation, which means it applies prospectively to procurement activities undertaken after its effectivity.

Key changes Procuring Entities must prepare for

RA 12009 introduces several changes that Procuring Entities must incorporate into their processes. The modes of procurement under Section 26 of RA 12009 now include competitive bidding, limited source bidding, competitive dialogue, unsolicited offer with bid matching, direct contracting, direct acquisition, repeat order, small value procurement, negotiated procurement, direct sales, and direct procurement for science, technology and innovation.

The IRR also emphasizes strategic procurement planning and budgeting linkage. Under Section 7, all procurement shall be undertaken with proper and sufficient planning and preparation, including supply positioning, analysis of available modes of procurement, risk management, and disposal procedures. Procuring Entities must adopt a procurement strategy that includes fit-for-purpose and proportional approaches.

The PhilGEPS remains the single electronic portal for all procurement activities, per Section 20 of RA 12009. All Procuring Entities must register with the PhilGEPS and ensure their access to an online network.

What Procuring Entities should do now

Procuring Entities should update their internal procurement manuals and standard bidding documents to conform with RA 12009 and its IRR. They should also review their Annual Procurement Plan and Project Procurement Management Plans to ensure consistency with the new requirements.

Training for Bids and Awards Committee members, Technical Working Group members, and Secretariat staff should cover the new modes of procurement, the fit-for-purpose approach, and the expanded use of the PhilGEPS. Where an existing Memorandum of Agreement with a procurement agent has not yet been implemented upon the effectivity of RA 12009, Section 15 of RA 12009 encourages Procuring Entities to revisit and amend the same as may be necessary to conform with the provision.

Frequently asked questions

When did the RA 12009 IRR take effect?

The IRR took effect after its publication in a newspaper of general circulation or in the Official Gazette, in accordance with Section 112 of RA 12009. The specific date depends on the date of publication of the IRR.

Does the RA 12009 IRR apply to procurement already started under RA 9184?

Procurement activities already commenced under RA 9184 before the effectivity of RA 12009 are generally governed by RA 9184 and its IRR. New procurement activities commenced after the effectivity of RA 12009 are governed by the new law and its IRR.

What is the difference between RA 9184 and RA 12009?

RA 12009 revised RA 9184, the Government Procurement Reform Act. RA 12009 introduces new modes of procurement, strengthens strategic procurement planning, and expands the use of the PhilGEPS as the single electronic portal for all procurement activities.

Practical takeaways

• The RA 12009 IRR was issued pursuant to Section 112 of RA 12009 and takes effect after publication.
• Procurement already commenced under RA 9184 before the effectivity of RA 12009 is generally governed by the old rules.
• New procurement activities must comply with RA 12009 and its IRR.
• Procuring Entities should update their manuals, bidding documents, and procurement plans to reflect the new law.
• In case of doubt in the interpretation of RA 12009 and its IRR, the same shall be resolved in favor of government procurement.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• IRR of REPUBLIC ACT NO. 12009 - THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 12009 OR THE NEW GOVERNMENT PROCUREMENT ACT

• REPUBLIC ACT NO. 12009 - AN ACT REVISING REPUBLIC ACT NO. 9184, OTHERWISE KNOWN AS THE "GOVERNMENT PROCUREMENT REFORM ACT", AND FOR OTHER PURPOSES

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.