Submitted by Karen A.

Guazon
EBSCE E22-5316
CEAP-422 CE Laws
Practical Exercise 1

A) Analyze and Summarize chapter by chapter or Article by article the Law or Republic Act
that regulates the practice of engineering Profession

Republic Act No. 544* (As Amended by R.A. 1582) An Act to Regulate the Practice of Civil
Engineering in the Philippines

Senator Panfilo M. Lacson has reintroduced the Act as Senate Bill no. 2770. The senator
brought the Act to life by outlining how civil engineers now must consider a wider range of
topics and integrate socioeconomic and environmental concerns with technical components of
construction projects.

Article 1 :

Civil Engineering Law is the republic act of Civil engineering practice. Scope of works can be as
follows; consultation, design, preparation of plans, specifications, estimates, erection,
installation, and supervision of the construction of streets, bridges, highways, railroads, airports
and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks;
buildings, fixed structures for irrigation, flood protection, drainage, water supply, and
sewerage works; demolition of permanent structures; and tunnels. A civil engineer is a person
who is board Certified by the Board of Civil Engineering.

Article II

The Board of Civil Engineering is composed of Chairman and two other members is appointed
by the President of the Philippines. Board members hold office for 3 years. They can be
removed for violating regulated practices of the board required as enforced by the Secretary of
Public Works and Communications. They are vested with the authority to administer oaths,
issue suspend or revoke certificates of registration for the practice of civil engineering and
other activities relative to the scope of the work mentioned. In this section qualifications of the
board member appointees are set and shall be met before being appointed. Fees are also
indicated at this clause with a portion to be given to the Board for each examiner.

Article III.

The Philippine Civil Engineering Law governs the Board of Civil Engineers. It indicates the Board,
an administrative body in charge of controlling civil engineering projects in the Philippines. The
board is composed of the chairman and two other members, all of whom were chosen by the
President of the Philippines. Among the Board's primary responsibilities is to examine the
following: the submission of registration applications, the issuance of registration certificates to
those who comply, and the management of

the application of civil engineering principles and the imposition of penalties for violators of the
rules of the Act. The Board is in charge of punishing, suspending, or revoking certificates of
registration for people who don't follow the Act's guidelines.

Article IV

The Philippine Civil Engineering Law concerns the act's enforcement and criminal
provisions. It outlines the responsibility of law enforcement officials to uphold the act's
provisions and bring legal action to those who transgress it. Additionally, the article specifies
that no one shall engage in the civil without first getting a legitimate registration certificate
from the Board for Civil Engineers. Those who contravene the rules of the act, such as civil
engineering without a license or utilizing consequences such as a fine and/or imprisonment for
having a certificate of registration that has been revoked or suspended.

Article V

Preparation of plans and supervision of construction by a registered Civil Engineer. It

shall be unlawful for any person to practice the scope of the works indicated in this bill without
prior supervision of a registered Civil Engineer. Civil Engineering is a professional service,
admission to which must be determined by an individual, hence no partnership, corporation or
association may be registered or licensed as such. Only a citizen of the Philippines is allowed to
take the board examination. Roster of Civil Engineers shall be prepared by the Commissioner of
PRC.

B). Analyze and Summarize chapter by chapter or Article by article Republic Act 9184 – New
Government Procurement Act.

Article 1

The general guidelines for the Philippine government's procurement of goods and
services are outlined in the Government Procurement Reform Act. It specifies the policy and
principles that govern procurement in the Philippines, as well as the Act's scope, purposes, and
objectives. The article gives the Philippine Government Procurement Policy Board (GPPB) the
authority to issue rules, regulations, and guidelines to implement the Act's provisions and
establishes it as the central authority overseeing government procurement activities.
Additionally, it mandates that all government agencies adhere to the Act's provisions and
implement procurement policies and procedures in accordance with the law.

Article 2.

deals with the planning of procurement. It stipulates that all procurement activities
must be meticulously planned and within the procuring entity's approved budget. The Annual
Procurement Plan should only include procurement activities that are deemed essential to the
effective performance of governmental duties. Without following the approved Annual
Procurement Plan, there should be no government procurements. The procuring entity's head
must approve the plan, and it must be in line with the approved annual budget. In accordance
with the guidelines laid out in the implementing rules and regulations (IRR), the plan must be
developed and revised.

Article 3

Is related to electronic procurement. It advances straightforwardness and proficiency by

requiring the usage of data and correspondence innovation in obtainment methodology. The G-
EPS, a single portal, is the most important place to get information about government
procurement. As long as these modifications are in accordance with the provisions of the act,
the GPPB is authorized to approve modifications to the procurement procedure to
accommodate technological advancements. While agencies may hire service providers to
conduct electronic procurement for non-common use items, infrastructure projects, and
consulting services as long as they meet the minimum requirements established by the GPPB,
all procuring entities are required to use the G-EPS for the procurement of common supplies.

Article 4

Is the requirement that competitive bidding be used in procurement. Unless otherwise

specified in Article XVI of the same act, this procedure must be followed for all procurements,
according to the article.

Article 5

The Bid and Awards Committee (BAC) and its responsibilities are detailed in Article V of
the Act. A single BAC with a minimum of five and a maximum of seven members chosen by the
head of the procuring entity must be established for each entity. Advertising, pre-procurement
and pre-bid conferences, determining bidder eligibility, evaluating bids, and recommending
awards to the head of the procuring entity are all responsibilities of the BAC. A procurement
monitoring report must be submitted semiannually by the BAC to ensure that the procuring
entity complies with the act and IRR standards. A secretariat is established to assist the BAC,
and observers from a private group and a non-governmental organization are invited to
observe the proceedings for the purpose of transparency. The GPPB will establish a training
program to professionalize BACs, secretariats, and technical working groups, and BAC members
may receive honoraria of up to 25% of their basic monthly salary.

Article VI

The process of creating bid documents for procurement procedures is outlined in Article
VI. Utilizing standard forms and manuals established by the GPPB (Government Procurement
Policy Board), the procuring entity is responsible for the preparation of the bidding documents.
The form of the contract, instructions to bidders, terms of reference, eligibility requirements,
plans and technical specifications, delivery time, bid security, performance security and
warranty, and the approved budget should all be included in the bidding documents. If
necessary, the procuring entity may demand additional documents. There should be no
mention of brand names in the specifications for purchasing goods; instead, they should be
based on relevant characteristics and performance requirements. Prior to their official release,
the procuring entity must ensure equal access to information and keep the bidding documents
confidential.

Article VII

The procedure for inviting bids is outlined in Article VII of the procurement law. This
includes holding a pre-procurement conference to evaluate procurement readiness and verify
the certification of funds' availability. The brief description of the procurement, the eligibility
criteria, the date and time of bid submission and receipt, the approved budget, the source of
funds, the contract duration, and any other pertinent information deemed necessary by the
Procuring Entity must be included in the invitation to bid, which must be advertised in a
manner that ensures widespread dissemination. Additionally, a pre-bid conference must be
held and may be requested by any potential bidder.

Article VIII

In the procurement of goods, infrastructure projects, and consulting services, the

procedures for receiving and opening bids are outlined in Article VIII. The Bid and Awards
Committee (BAC) or its designated office is in charge of determining whether or not potential
bidders meet the eligibility requirements. The technical and financial parts of a bid must be
submitted separately in sealed envelopes simultaneously. The bid deadline must be established
by the BAC, and any bids received after the deadline will not be considered. Before the
deadline, a bidder may modify or withdraw their bid. A bid security, which is a guarantee that
the winning bidder will enter into a contract and provide the required performance security,
must be included with every bid. The validity of bids and bid securities is required to be
specified. The minutes of the bid opening will be made available to the general public upon
request, and the BAC will open all bids in public at a specified time, date, and location.

Article IX

The procedure for evaluating bids in procurement activities is outlined in Article IX. The
Bid and Awards Committee (BAC) must first check the bids’ technical parts to ensure they have
all the necessary documents. Only bids that pass this check will be considered for the financial
part. Based on their financial component, the BAC will rank the bids in order of calculated price
from lowest to highest for procurement of goods and infrastructure projects. The shortlisted
bids for consulting services will be given numerical ratings based on things like experience,
performance, personnel quality, price, and methodology. The procedure will be repeated until a
winning bidder is selected, and the bid with the highest rating will be subject to negotiations
and clarification with the Head of the Procuring Entity. The ABC (Approved Budget for the
Contract) sets the ceiling for bid prices, and any bids that go over the ceiling will be rejected.

Article X

Post-qualification in a bidding process for goods, infrastructure projects, or consulting

services is the topic of Article X. In the case of goods and infrastructure projects, the bidder
with the lowest calculated bid or the highest rated bid goes through verification to see if they
have fulfilled all of the conditions and requirements outlined in the bidding documents. The
contract is awarded to the bidder if their bid is selected as the lowest calculated responsive bid
or the highest rated responsive bid. The procedure is repeated until either the lowest
calculated responsive bid or the highest rated responsive bid is selected in the event that the
bidder does not meet the requirements. If no bids are received, no bids qualify, or the highest-
rated/lowest-calculated responsive bid refuses to accept the award without justifiable cause,
the bidding process has failed.

Article XII

Contract award, implementation, and termination are governed by Act Article XI. The
recommendation must be approved or disapproved by the head of the procuring entity or a
representative within 15 days of determining the lowest calculated or highest rated bid. Within
ten days of receiving the winning bid, the procuring entity must send the winning bidder a
Notice of Award and have the winning bidder sign a contract with the procuring entity. From
opening bids to awarding the contract, the procurement process should take no more than
three months, and various procurement activities should be completed within a reasonable
time frame. Before signing the contract, the winning bidder must post a performance security.
The next-ranked bid will be taken into consideration if the winning bidder fails to sign a contract
or provide the required security. In certain circumstances, such as collusion or failure to follow
bidding procedures, the agency head reserves the right to reject bids, declare a failure to bid, or
deny the contract. The IRR will contain the standard general and special conditions for contracts
as well as the rules and guidelines for contract implementation and termination

Article XIII

The procurement of both domestic and imported goods is the subject of Article XII of
the procurement act. No matter where they come from, any and all suppliers, manufacturers,
and distributors that meet the requirements can participate in the procurement process.
However, in order to guarantee availability, efficiency, and prompt delivery of goods,
domestically produced and manufactured goods may be given preference if they meet the
desired quality requirements. The procurement must be in accordance with the nation's
obligations under international agreements or treaties.

Article XIV

The lease of office and construction equipment, such as computers, communication,

and information technology equipment, is governed by Article XIV of the Act. The same act-
required public bidding and procurement procedures apply to these leases.

Article XV

Bidders must submit a sworn affidavit per Article XV of the act detailing any family ties
they may have with the head of the purchasing entity up to the third degree. The bid will be
automatically disqualified if you don't meet this requirement.

Article XVI

According to Article XVI of the Philippine Procurement Act, a purchasing entity can use a
variety of other procurement strategies to boost efficiency and the economy. Limited Source
Bidding, Direct Contracting, Repeat Order, Shopping, and Negotiated Procurement are some of
the other alternatives. The head of the procuring entity must first approve the use of these
alternate methods, and they must meet the Act's requirements. When goods are only available
from a limited number of sources, when procurement is proprietary when there is an
unanticipated contingency, when two bids have failed, and when there is imminent danger, the
methods are utilized. In all instances, the purchasing entity must ensure that the government
receives the best possible price.
Article XVII

The protest mechanism for decisions made by the Bids and Awards Committee (BAC) is
covered in Article XVII. A verified position paper and a nonrefundable fee can be used to
protest the BAC's decisions in writing. The protests must be resolved in accordance with the
records of the BAC, and the head of the procuring entity's decision is final up to a certain limit
set by the Implementing Rules and Regulations (IRR). Before any award can be made, the
protest procedure must be finished, and legal action can only be taken after the protest
procedure has been finished. The head of the procuring entity's final decisions are the
responsibility of the regional trial court, and court proceedings must adhere to Rule 65 of the
1997 Rules of Civil Procedure. Any law granting the Supreme Court sole authority to issue
injunctions and temporary restraining orders pertaining to government infrastructure projects
is unaffected by this provision.

Article XVIII

The procedure for resolving disputes pertaining to contracts covered by the

Procurement Law is outlined in Article XVIII. In accordance with Republic Act No., any disputes
that arise during the contract's implementation will be resolved through arbitration in the
Philippines. 876, which is also called the Arbitration Law.

However, the Construction Industry Arbitration Commission will be referred to for any
disputes that fall under its purview. In accordance with the Procurement Law, the arbitration
procedure must be included in the contract. Alternative methods of dispute resolution may be
utilized if both parties are in agreement. A petition for review to the Court of Appeals may be
filed in opposition to the arbitral award or any decision made in accordance with this section.
The Rules of Court will govern the appeal, which must be based solely on legal issues.

Article XIX

The Philippine Procurement Act's Article XIX establishes guidelines for contract prices
and warranties. Contract prices are to be considered fixed and cannot be increased unless the
GPPB gives its approval in exceptional circumstances. The purchase of goods necessitates the
provision of a warranty to address any manufacturing flaws. The warranty obligation is covered
by retention funds or a bank guarantee. The contractor must provide a warranty security in the
form of cash, a bank guarantee, a letter of credit, a Government Service Insurance System
bond, or a callable surety bond for infrastructure projects. The government will take over and
be reimbursed for expenses if the contractor doesn't fix any problems within 90 days. The
contractor's property can be taken away or garnished if they don't comply, and they won't be
able to bid in public again. In order to recover costs, any payments in the contractor's favor will
be offset.
Article XXI

Infractions committed during the procurement process by public officials, private

individuals, or individuals working together are the subject of the penal clause in Article XXI.
Opening sealed bids, delaying the screening process, using undue influence, severing contracts,
and providing false information in bidding documents are all offenses. These offenses can result
in prison sentences ranging from six years and one day to fifteen years, as well as temporary or
permanent exclusion from public office and the prohibition of doing business with the
government. Directors, officers, and employees of a legal entity that commits an offense may
also face penalties for criminal liability and accessory. According to the laws that are currently
in effect, the appropriate court has jurisdiction over these offenses.

Article XXII

Infractions of the procurement procedure are subject to administrative sanctions in

Article XXIII of the Act. Administrative penalties, such as the forfeiture of the bid security or
performance security or the suspension from participating in the public bidding process for a
predetermined amount of time, may be imposed by the head of the procuring entity. If there is
evidence of guilt in relation to charges filed under Articles XXI and XXII of the Act or for
dishonesty, this article also grants the head of the procuring entity the authority to preventively
suspend any member of the technical working group, the secretariat, or the BAC. The Civil
Service Commission's regulations must be followed when removing disabilities, administrative
penalties, and preventive suspensions.

Article XXIII

Infractions of the procurement procedure are subject to administrative sanctions in

Article XXIII of the Act.

Administrative penalties, such as the forfeiture of the bid security or performance

security or the suspension from participating in the public bidding process for a predetermined
amount of time, may be imposed by the head of the procuring entity. If there is evidence of
guilt in relation to charges filed under Articles XXI and XXII of the Act or for dishonesty, this
article also grants the head of the procuring entity the authority to preventively suspend any
member of the technical working group, the secretariat, or the BAC. The Civil Service
Commission's regulations must be followed when removing disabilities, administrative
penalties, and preventive suspensions.
Article XXIV

According to Article XXIV of the law, members of the Bids and Awards Committee (BAC)
are entitled to legal assistance and indemnification. If BAC members learn that a civil or criminal
case has been filed against them, they are allowed to hire private lawyers, according to the
policy. Lawyer's fees will be covered by the indemnification plan developed by the Government
Procurement Policy Board (GPPB) for BAC public servants. This indemnification package may
include liability insurance, free legal assistance, and other protections. Members of the BAC
who are found to have engaged in gross negligence or misconduct, on the other hand, will not
be compensated. In order to receive indemnification in the event of a settlement or
compromise, the procuring entity must have received legal advice indicating that the public
officials have not committed gross negligence or misconduct. The settlement-related issues will
be the only ones eligible for indemnification. In addition, BAC members and the BAC Secretariat
have the right to seek medical attention for any injuries they sustain while carrying out their
duties.

Article XXV

Article XXV of the Act outlines the final provisions, which include the creation of a Joint
Congressional Oversight Committee to oversee the law's implementation for five years. Within
60 days of the law's publication, the GPPB and members of the Oversight Committee will
develop the necessary implementation rules and regulations with the President of the
Philippines' approval. Within 30 days of the approval of the rules and regulations, standard
procurement forms will be created and approved.

C). Top 10 Civil Engineering Skills

1. Project management
a. For this position, you need to know how design works and have made models
and charts before. Employers prefer candidates who have actual experience
planning, designing, and arranging buildings or infrastructure. Technical
knowledge of bar bending schedule, project billing, estimation, and quantity
surveying can also help you land a job.
2. Proficiency in Math and Physics
a. In order for these professionals to identify and resolve issues in civil
engineering, they need to be familiar with physics and mathematics. Complex
formulas are used to comprehend and calculate building specifications. This
ensures that the structure complies with state and federal building codes.
3. Technical skills
 a. An understanding of design methods and prior experience creating models and
charts are required for this position. Candidates with hands-on experience
planning, designing, and arranging infrastructure or buildings are preferred by
employers. You can also get a job by having technical knowledge of bar bending
schedule, project billing, estimation, and quantity surveying.
4. Problem-solving
a. A civil engineer finds solutions to a variety of issues throughout a project, from
the planning phase to the design and execution phases. Complex technical
issues with building design, client demand, or planning restrictions may arise.
They can find effective solutions and guarantee project continuity thanks to
their problem-solving skills. They come up with viable, secure, and cost-effective
solutions by making use of their capacity for problem-solving.
5. Teamwork
a. An engineer works as part of a team on any civil engineering project. To
complete a project, you collaborate with coworkers and external or third-party
vendors. If you want to know if you can cooperate and work as a team, you
need to have good teamwork skills. This makes sure that buildings and civil
structures meet the expected quality standard and speeds up the project's
completion.

6. Verbal communication skills

a. Verbal communication skills are a sought-after engineering skill. You need
excellent communication skills to convey concepts and construction procedures
to professionals like architects and construction workers. Candidates who are
able to clearly explain their plan and building design to others are frequently
hired by employers.

7. Attention to details
a. A lot of the projects need to be done with a lot of precision. This ability is
necessary for civil engineers who plan, design, and build buildings in accordance
with safety and construction regulations. The smallest of considerations
determines the quality of structures and buildings.

8. Critical thinking skills

a. The majority of projects in civil engineering are difficult, extensive, and costly.
You need to be able to think critically in order to effectively solve a civil
engineering problem. Employers frequently choose candidates who are able to
 offer effective solutions and weigh the advantages and disadvantages of each
option.

9. Organisation skills
a. One of your daily job duties is to keep an eye on how a building is being built. It
is your duty to ensure that the project's rules, budget, and design documents
are followed. As part of this, the processes and procedures must be
documented. The capacity to organize and manage such documents with
teammates is a desirable skill. A civil engineer organizes every aspect of the
project to ensure that team members are aware of their responsibilities.

10. Working under pressure

a. Civil engineering projects can become extremely unpredictable even with
careful planning, which can cause delays or cost overruns. Employers prefer
candidates who can handle such difficult circumstances without jeopardizing
the project. Instead of feeling stressed and overwhelmed, it helps you deal with
the situation strategically and calmly.