ce laws presentation about the philippine government procurement 2nd edition

8/9/2019 ce laws presentation about the philippine government procurement 2nd edition

1/27

RULE VIII – RECEIPT AND

OPENING OF BIDS


2/27

Section 23. Eligibilit Re!"i#e$ent% &o# t'e P#oc"#e$ent

o& Goo(% )n( In)%t#"ct"#e P#o*ect%

23.1. For purposes of determining the eligibility of bidders usingthe criteria stated in Section 23.5 of this IRR, only the followingdocuments shall be reuired by the !"#, using the formsprescribed in the !idding $ocuments%

)+Cl)%% ,A- Doc"$ent%

Leg)l Doc"$ent%i& Registration certificate from S'#, $epartment of (rade and

Industry )$(I& for sole proprietorship, or #$" for cooperati*es,or any proof of such registration as stated in the !idding

$ocuments.ii& +ayors permit issued by the city or municipality where the

principal place of business of the prospecti*e bidder is located.

iii& (a- clearance per '-ecuti*e rder 3/0, Series of 25, asfinally re*iewed and appro*ed by the !IR.


3/27

Tec'nic)l Doc"$ent%

i*& Statement of the prospecti*e bidder of all its ongoing

go*ernment and pri*ate contracts, including contracts

awarded but not yet started, if any, whether similar or not

similar in nature and comple-ity to the contract to be bid and

*& In the case of procurement of infrastructure proects, a *alid

4hilippine #ontractors "ccreditation !oard )4#"!& license

and registration for the type and cost of the contract to be bid.

Fin)nci)l Doc"$ent%*i& (he prospecti*e bidders audited financial statements,

showing, among others, the prospecti*e bidders total and

current assets and liabilities, stamped recei*ed6 by the !IR or

its duly accredited and authori7ed institutions, for thepreceding calendar year which should not be earlier than two

)2& years from the date of bid submission.

*ii& (he prospecti*e bidders computation for its 8et Financial

#ontracting #apacity )8F##&.


4/27

b+ Cl)%% ,B- Doc"$ent

9alid oint *enture agreement ):9"&, in case the oint *entureis already in e-istence. In the absence of a :9", duly

notari7ed statements from all the potential oint *enture

partners stating that they will enter into and abide by the

pro*isions of the :9" in the instance that the bid is successful

shall be included in the bid. Failure to enter into a oint *enturein the e*ent of a contract award shall be ground for the

forfeiture of the bid security. 'ach partner of the oint *enture

shall submit the legal eligibility documents. (he submission of

technical and financial eligibility documents by any of the oint

*enture partners constitutes compliance.


5/27

23.. Eligibilit C#ite#i)

23.5.1. For the procurement of goods%

23.5.1.1. (he following shall be eligible to participate in the

bidding for the supply of goods%

a& $uly licensed Filipino citi7ens;sole proprietorships

b& 4artnerships duly organi7ed under the laws of the

4hilippines and of which at least si-ty percent )


6/27

23.5.2. For the procurement of infrastructure proects%23.5.2.1. (he following persons;entities shall be allowed to

participate in the bidding for infrastructure proects%

a& $uly licensed Filipino citi7ens;sole proprietorships

b& 4artnerships duly organi7ed under the laws of the

4hilippines and of which at least se*enty?fi*e percent )@5=& of

the interest belongs to citi7ens of the 4hilippines

c& #orporations duly organi7ed under the laws of the

4hilippines, and of which at least se*enty?fi*e percent )@5=&

of the outstanding capital stoc> belongs to citi7ens of the4hilippines

d& #ooperati*es duly organi7ed under the laws of the

4hilippines, and of which at least se*enty?fi*e percent )@5=&

belongs to citi7ens of the 4hilippines or


7/27

Section 2/. Eligibilit Re!"i#e$ent% )n( S'o#t

Li%ting &o# Con%"lting Se#0ice%

2A.1. For purposes of determining the eligibility and short list of

bidders in accordance with Sections 2A.A and 2A.5 of this

IRR, only the following documents shall be reuired by the

!"#, using the forms prescribed in the !idding $ocuments%

)+ Cl)%% ,A- Doc"$ent%

Leg)l Doc"$ent%

i& Registration certificate from S'#, $epartment of (rade and

Industry )$(I& for sole proprietorship, or #$" for cooperati*es,

or any proof of such registration as stated in the !idding

$ocuments

ii& +ayors permit issued by the city or municipality where the

principal place of business of the prospecti*e bidder is

located and

iii& (a- clearance per '-ecuti*e rder 3/0, Series of 25, asfinally re*iewed and appro*ed by the !IR.


8/27

Tec'nic)l Doc"$ent%

i*& Statement of the prospecti*e bidder of all its ongoing andcompleted go*ernment and pri*ate contracts, including

contracts awarded but not yet started, if any, whether similar

or not similar in nature and comple-ity to the contract to be

bid, within the rele*ant period as pro*ided in the !idding

$ocuments.*& Statement of the consultant specifying its nationality and

confirming that those who will actually perform the ser*ice are

registered professionals authori7ed by the appropriate

regulatory body to practice those professions and allied

professions, including their respecti*e curriculum *itae.


9/27

Fin)nci)l Doc"$ent

*i& (he consultants audited financial statements, showing, amongothers, the consultants total and current assets and liabilities,

stamped recei*ed6 by the !IR or its duly accredited and

authori7ed institutions, for the preceding calendar year which

should not be earlier than two )2& years from the date of bid

submission.b+ Cl)%% ,B- Doc"$ent

9alid oint *enture agreement ):9"&, in case a oint *enture

is already in e-istence. In the absence of a :9", duly notari7ed

statements from all the potential oint *enture partners statingthat they will enter into and abide by the pro*isions of the :9" in

the instance that the bid is successful, shall be included in the

bid. Failure to enter into a oint *enture in the e*ent of a contract

award shall be ground for the forfeiture of the bid security. 'ach

partner of the oint *enture shall submit the legal eligibility


10/27

2/./. Eligibilit C'ec1 o& P#o%ecti0e Bi((e#%

2A.A.1. (he eligibility en*elopes of prospecti*e bidders for

procurement of consulting ser*ices shall be submitted on or

before the deadline specified in the Reuest for '-pression of

Interest, and shall be opened before the dates of the pre?bid

conference and bid opening to determine eligibility of prospecti*e

bidders, who shall then be allowed to acuire or purchase the

rele*ant !idding $ocuments from the procuring entity. "prospecti*e bidder may be allowed to submit his eligibility

reuirements electronically in accordance with Section 0.5 of this

IRR.

2/.. S'o#t Li%ting o& P#o%ecti0e Bi((e#%

2A.5.1. Bith respect to a particular contract for consulting ser*ices

to be bid, the concerned procuring entity shall only consider for

short listing those consultants whose contracts, as identified in

the eligibility documents submitted for registration, are similar in

nature and comple-ity to the contract to be bid, based on theReuest for '-pression of Interest.


11/27

Section 2. S"b$i%%ion )n( Receit o& Bi(%

25.1. !idders shall submit their bids through their duly authori7ed

representati*e using the forms specified in the !idding

$ocuments in two )2& separate sealed bid en*elopes, and

which shall be submitted simultaneously. (he first shallcontain the technical component of the bid, including the

eligibility reuirements under Section 23.1 of this IRR, and the

second shall contain the financial component of the bid.


12/27

Section 2. 4o(i&ic)tion )n( 5it'(#)6)l o&

Bi(%

2


13/27

Section 27. Bi( Sec"#it

[email protected]. "ll bids shall be accompanied by a bid security, payable to

the procuring entity concerned as a guarantee that the

successful bidder shall, within ten )1& calendar days or less,

as indicated in the Instructions to !idders, from receipt of thenotice of award, enter into contract with the procuring entity

and furnish the performance security reuired in Section 3/ of

this IRR, e-cept when Section [email protected] of this IRR allows a longer

period. Failure to enclose the reuired bid security in the form

and amount prescribed herein shall automatically disualifythe bid concerned.


14/27

Section 28. Bi( V)li(it

20.1. !ids and bid securities shall be *alid for a reasonableperiod as determined by the Cead of the 4rocuring 'ntityconcerned, which shall be indicated in the !idding$ocuments, but in no case shall the period e-ceed one

hundred twenty )12& calendar days from the date of theopening of bids.

20.2. Should it become necessary to e-tend the *alidity of thebids and bid securities beyond one hundred twenty )12&

calendar days, the procuring entity concerned shall reuest inwriting all those who submitted bids for such e-tension beforethe e-piration date therefore. !idders, howe*er, shall ha*ethe right to refuse to grant such e-tension without forfeitingtheir bid security.


15/27

Section 29. Bi( Oening

(he !"# shall open the bids immediately after the

deadline for the submission and receipt of bids. (he time,

date, and place of the opening of bids shall be specified in the

!idding $ocuments. (he bidders or their duly authori7edrepresentati*es may attend the opening of bids. (he !"#

shall adopt a procedure for ensuring the integrity, security, and

confidentiality of all submitted bids. (he minutes of the bid

opening shall be made a*ailable to the public upon written

reuest and payment of a specified fee to reco*er cost ofmaterials.


16/27

RULE I: – BID

EVALUATION


17/27

Section 3;. P#eli$in)#

E the submitted documents ofeach bidder against a chec>list of reuired documents to

ascertain if they are all present, using a non?discretionary

pass;fail6 criterion, as stated in the Instructions to !idders. If

a bidder submits the reuired document, it shall be rated

passed6 for that particular reuirement. In this regard, bidsthat fail to include any reuirement or are incomplete or

patently insufficient shall be considered as failed6. therwise,

the !"# shall rate the said first bid en*elope as passed6.


18/27

3.2. Immediately after determining compliance with the reuirements inthe first en*elope, the !"# shall forthwith open the second bid en*elope

of each remaining eligible bidder whose first bid en*elope was rated

passed.6 (he second en*elope of each complying bidder shall be

opened within the same day, e-cept as pro*ided under Section 33 of

this IRR. In case one or more of the reuirements in the seconden*elope of a particular bid is missing, incomplete or patently

insufficient, and;or if the submitted total bid price e-ceeds the "!#, the

!"# shall rate the bid concerned as failed6. nly bids that are

determined to contain all the bid reuirements for both components shall

be rated passed6 and shall immediately be considered for e*aluation

and comparison.


19/27

Section 3=. Ceiling &o# Bi( P#ice%

31.1. (he "!# shall be the upper limit or ceiling for acceptablebid prices. If a bid price, as e*aluated and calculated in

accordance with this IRR, is higher than the "!#, the bidder

submitting the same shall be automatically disualified. (here

shall be no lower limit or floor on the amount of the award.

31.2. For Foreign?funded 4rocurement, the "!# shall be applied

as the ceiling, pro*ided that the following conditions are met%

!idding $ocuments are obtainable free of charge on afreely accessible website. If payment of !idding $ocuments is

reuired by the procuring entity, payment could be made up

on the submission of bids.


20/27

Section 32. Bi( E0)l")tion &o# t'e

P#oc"#e$ent o& Goo(% )n( In)%t#"ct"#e

P#o*ect%32.1. +embers of the !"#, including its staff and personnel, as well as

its Secretariat and (BD, are prohibited from ma>ing or accepting any

communication with any bidder regarding the e*aluation of their bids

until the issuance of the 8otice of "ward. Cowe*er, the !"#, through

its Secretariat, may as> in writing the bidder for a clarification of its

bid. "ll responses to reuests for clarification shall be in writing.

32.2. For the procurement of goods and infrastructure proects, the

purpose of bid e*aluation is to determine the Eowest #alculated !id

using the following steps%

#ompleteness of the bid.

"rithmetical corrections.


21/27

32.2.A. !ids shall then be ran>ed in the ascending order of their total

calculated bid prices, as e*aluated and corrected for computational

errors, and other bid modifications, to identify the Eowest #alculated

!id. (otal calculated bid prices, as e*aluated and corrected for

computational errors, and other bid modifications, which e-ceed the "!# shall be disualified.

32.3. "fter all bids ha*e been recei*ed, opened, e-amined, e*aluated,

and ran>ed, the !"# shall prepare the corresponding "bstract of

!ids. "ll members of the !"# shall sign the "bstract of !ids andattach there to all the bids with their corresponding bid securities

and the minutes or proceedings of the bidding. (he "bstract of !ids

shall contain the following%

a& 8ame of the contract and its location, if applicable

b& (ime, date and place of bid opening and

c& 8ames of bidders and their corresponding calculated bid prices

arranged from lowest to highest, the amount of bid security and the

name of the issuing entity.


22/27

Section 33. Bi( E0)l")tion o& S'o#t

Li%te( Bi((e#% &o# Con%"lting Se#0ice%

33.1. From submission and receipt of bids until the appro*al by

the Cead of the 4rocuring 'ntity of the ran>ing of short listed

bidders, those that ha*e submitted their bids are prohibited

from ma>ing any communication with any !"# member,

including its staff and personnel, as well as its Secretariat and(BD, regarding matters connected to their bids. Cowe*er, the

!"#, through its Secretariat, may as> in writing the bidder for

a clarification of its bid. "ll responses to reuests for

clarification shall be in writing.


23/27

33.2. (he purpose of bid e*aluation is to determine the Cighest

Rated !id using the following steps%

33.2.1. (he !"# shall conduct a detailed e*aluation of bidsusing either of the following e*aluation procedures as

specified in the !idding $ocuments%

a& uality?!ased '*aluation 4rocedure

b& uality?#ost !ased '*aluation 4rocedure


24/27

RULE :

POST>?UALIFICATION


25/27

Section 3/. Ob*ecti0e )n(

P#oce%% o& Po%t>?")li&ic)tion3A.1. (he Eowest #alculated !id;Cighest Rated !id shall undergo post?

ualification in order to determine whether the bidder concerned

complies with and is responsi*e to all the reuirements and

conditions as specified in the !idding $ocuments.

3A.2. Bithin three )3& calendar days from receipt by the bidder of the

notice from the !"# that the bidder has the Eowest #alculated !id

or Cighest Rated !id, the bidder shall submit the following

documentary reuirements to the !"#%

a& Eatest income and business ta- returnsb& #ertificate of 4hilD'4S Registration or 4hilD'4S Registration

8umber if the procuring entity is a 4hilippine foreign office or post,

pro*ided that participating bidders should register with the

4hilD'4S prior to bid opening and


26/27

Section 3. F)il"#e o& Bi((ing

35.1. (he !"# shall declare the bidding a failure when%a& 8o bids are recei*ed

b& "ll prospecti*e bidders are declared ineligible

c& "ll bids fail to comply with all the bid reuirements or fail post?

ualification, or, in the case of consulting ser*ices, there is no

successful negotiation or

d& (he bidder with the Eowest #alculated Responsi*e !id;Cighest

Rated Responsi*e !id refuses, without ustifiable cause, to accept

the award of contract, and no award is made in accordance with

Section A of the "ct and this IRR.

35.2. In order to determine the reason for the failed bidding, the !"#

shall conduct a mandatory re*iew and e*aluation of the terms,

conditions, and specifications in the !idding $ocuments, including

its cost estimates.


27/27

Section 3. Single C)lc"l)te(@R)te( )n(

Re%on%i0e Bi( S"b$i%%ion " single calculated;rated and responsi*e bid shall be considered for award if it

falls under any of the following circumstances%a& If after ad*ertisement, only one prospecti*e bidder submits an EI and;or

applies for eligibility chec>, in accordance with the pro*isions of this IRR,

and it meets the eligibility reuirements or criteria, after which it submits a

bid which is found to be responsi*e to the bidding reuirements

b& If after ad*ertisement, more than one prospecti*e bidder submits an EIand;or applies for eligibility chec>, in accordance with the pro*isions of this

IRR, but only one bidder meets the eligibility reuirements or criteria, after

which it submits a bid which is found to be responsi*e to the bidding

reuirements or

c& If after the eligibility chec>, more than one bidder meets the eligibilityreuirements, but only one bidder submits a bid, and its bid is found to be

responsi*e to the bidding reuirements.

ce laws presentation about the philippine government procurement 2nd edition

Documents

Transcript of ce laws presentation about the philippine government procurement 2nd edition