The evolving regulatory landscape for unsolicited proposals
The rules governing procurement have changed significantly over the past three years. In 2022, the Implementing Rules & Regulations (IRR) for the Build-Operate-and-Transfer (BOT) Law underwent two revisions — in March and September, respectively. In April 2023, the National Economic and Development Authority’s (NEDA) Revised Guidelines and Procedures for Entering into Joint Venture (JV) Agreements Between Government and Private Entities, otherwise known as the “2023 NEDA JV Guidelines,” took effect and repealed the 2013 Revised NEDA JV Guidelines. In July 2023, R.A. No. 11966, otherwise known as the Public-Private Partnership (PPP) Code was signed, repealing not only the BOT Law and its IRR, but the 2023 NEDA JV Guidelines as well (along with other guidelines formulated by various government instrumentalities involving partnerships between the government and the private sector not covered by the Government Procurement Reform Act or GPRA).
