STANDARD BIDDING PROCEDURES FOR INFRASTRUCTURE …
Transcript of STANDARD BIDDING PROCEDURES FOR INFRASTRUCTURE …
STANDARD BIDDING PROCEDURES
FOR INFRASTRUCTURE
PROJECTS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and
distribution without the author’s approval is prohibited.
MODULE OBJECTIVES
By the end of this module, participants should be able to:
1. Understand key concepts in the bidding procedures
for the procurement of infrastructure projects; and
2. Implement procurement activities involving
infrastructure projects, in compliance with Republic
Act No. 9184 and its 2016 revised Implementing
Rules and Regulations.
General Principles and Considerations I
II Competitive Bidding Procedure and
Requirements for Infrastructure Projects
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and
distribution without the author’s approval is prohibited.
GENERAL PRINCIPLES AND
CONSIDERATIONS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
GENERAL MODE OF PROCUREMENT
Competitive Bidding (Sec. 10, IRR of R.A. No. 9184)
Default Method
Alternative Methods of
Procurement (Sec. 48 to 54, IRR of R.A. No. 9184)
Exception
It is a method of procurement
which is open to participation by
any interested party and which
consists of the following
processes:
1) advertisement,
2) pre-bid conference,
3) eligibility screening of
prospective bidders,
4) receipt and opening of bids,
5) evaluation of bids,
6) post-qualification, and
7) award of contract.
(Sec. 5(h), IRR of RA 9184)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
COMPETITIVE BIDDING
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without the author’s approval is prohibited.
PROCUREMENT STANDARD
No procurement shall be undertaken unless it is in accordance with the approved
Annual Procurement Plan (APP) of the PE
The method of procurement to be used shall be as indicated in the approved APP
Mode of
Procurement
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
INFRASTRUCTURE PROJECTS
Include the construction, improvement,
rehabilitation, demolition, repair,
restoration or maintenance of roads and
bridges, railways, airports, seaports,
communication facilities, civil works components
of information technology projects, irrigation,
flood control and drainage, water supply,
sanitation, sewerage and solid waste
management systems, shore protection,
energy/power and electrification facilities,
national buildings, school buildings, hospital
buildings, and other related construction projects
of the government. This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REQUIREMENTS PRIOR TO COMMENCEMENT OF
PROCUREMENT
These shall likewise form part of the Bidding Documents
The DPWH Standard
Specifications for Public
Works and Highways (“Blue
Book”) shall be the main
basis for the standards and
codes to be met by the goods
and materials to be furnished
and work performed or tested
for the Contract.
� Scope of Work/
Technical Specifications
Graphic
representation of
the Works required
� Plans/Drawings
List of the specific
items of the Work
and their
corresponding unit
prices, lump sums,
and/or provisional
sums
� Bill of Quantities
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REQUIREMENTS PRIOR TO COMMENCEMENT OF
PROCUREMENT
� Plans/Drawings
� Bill of Quantities
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REQUIREMENTS PRIOR TO COMMENCEMENT OF
PROCUREMENT
Detailed Engineering:
❑Detailed engineering investigations, surveys and designs
❑ In case of projects with pending acquisition of right-of-way site or
location, the procurement process may commence, but no award of
contract shall be made until:
� an authority or permit to enter is issued by the property owner; or
� a notarized deed of sale or deed of donation is executed in favor
of the government; or
� a writ of possession is issued by a court of competent
jurisdiction
Exemption: In case of Design and Build Scheme (Annex “G” of the 2016
Revised IRR of RA No. 9184)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
DETAILED ENGINEERING FOR THE PROCUREMENT
OF INFRASTRUCTURE PROJECTS
Annex “A” of the 2016 revised IRR of RA No. 9184
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without the author’s approval is prohibited.
A schedule of detailed engineering activities involves the following:
a) Survey
b) Site Investigation
c) Soils and Foundation Investigation
d) Construction Materials Investigation
e) Preparation of Design Plans
f) Preparation of Technical Specifications
g) Preparation of Quantity and Cost Estimates
h) Preparation of Program of Work
i) Preparation of Proposed Construction Schedule
(and estimated Cash Flow for projects with
Schedule over Six (6) Months)
j) Preparation of Site or Right-of-Way Plans
including Schedule of Acquisition
k) Preparation of Utility Relocation Plan
l) Preparation and Submission of Design Report
m) Environmental Impact Statement for critical
project as defined by the Department of
Environment and Natural Resources (DENR)
n) Preparation of minimum requirements for a
Construction Safety and Health Program for the
project being considered
o) Value Engineering Studies
p) Preparation of Bid/Tender Documents
DETAILED ENGINEERING FOR THE PROCUREMENT
OF INFRASTRUCTURE PROJECTS
Annex “A” of the 2016 revised IRR of RA No. 9184
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
Work under detailed engineering may cover the following:
a) Design Standards
b) Field Surveys and Investigations
c) Contract Plans
d) Quantities
e) Special Provisions
f) Unit Prices
g) Approved Budget for the Contract
h) Bidding Documents
i) Program of Work
j) Contract Time or Duration
k) Warranty Period
l) Preparation of Utility Relocation Plan
m) Value Engineering Site or Right-of-
Way Acquisition Plans and
Resettlement Action Plans
WHO ARE ELIGIBLE BIDDERS
Duly licensed Filipino citizens/sole proprietorships
Partnerships with at least 60% Filipino interest or
ownership
Corporations with at least 60% Filipino interest or
ownership
Cooperatives duly organized under the laws of the
Philippines
Joint Ventures (JVs) with at least 60% Filipino
interest or ownership
Foreign bidders when provided under any Treaty
or International or Executive Agreement
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
FOREIGN EQUITY REQUIREMENT IN
GOVERNMENT PROCUREMENT
✔Promulgated the 11th Foreign Investment Negative List (FINL) which provides for limitation
on investment by foreign entities in specific business and/or industry
✔ Intended to ease restrictions on foreign participation in certain investment areas or
activities by increasing the threshold of how much foreign entities may own from 25% to
40%
Executive Order No. 65, s. 2018
✔Partnerships duly organized under the laws of the Philippines and which at least 60%
[from 75%] of the interest belongs to citizens of the Philippines
✔Corporations duly organized under the laws of the Philippines, and of which at least 60%
of the outstanding capital stock belongs to citizens of the Philippines
✔For persons/entities forming themselves into a joint venture, Filipino ownership or interest of
the joint venture concerned shall be at least 60%
Amendment on Foreign Equity Requirement
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without the author’s approval is prohibited.
WHO ARE ELIGIBLE BIDDERS
JVs with less than 60% Filipino
ownership or interest may be allowed
to participate if:
❑The structures to be built require the
application of techniques and/or
technologies which are not adequately
possessed by a person/entity meeting
the 60% Filipino ownership requirement
Provided further that Filipino ownership
or interest shall not be less than 25%
GOCCs may be eligible to
participate only if they can
establish that:
❑They are legally and
financially autonomous;
❑They operate under
commercial law; and
❑They are not attached
agencies of the PE
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
INVITATION TO OBSERVERS
Represent the public, the taxpayers who are
interested in seeing to it that procurement laws are
observed and irregularities are averted Must be invited in writing at least five (5) calendar
days (CD) before the date of the following
procurement stage/activity:
Pre-bid Conference Preliminary Bid
Examination
Bid Evaluation Post-Qualification
At least three (3)
Observers
COA
Duly recognized
private sector
group
NGO
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
ONLINE ACCESS TO OBSERVERS
Online monitoring for
observers using the mPhilGEPS
PEs to provide online access to
observers for monitoring all stages of
procurement using the mPhilGEPS
PEs to inform the GPPB-TSO via
email ([email protected]) if
online access cannot be provided
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GPPB Resolution No. 04-2021 and Circular No. 01-2021
COMPETITIVE BIDDING
PROCEDURE AND
REQUIREMENTS FOR
INFRASTRUCTURE PROJECTS
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STANDARD BIDDING PROCEDURE FOR
INFRASTRUCTURE PROJECTS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
USE OF DIGITAL SIGNATURES
GPPB Resolution No. 16-2019;
GPPB Resolution No. 09-2020
Procurement officers and
officials may digitally or
electronically sign procurement
documents
PPMP and APP
RFQ/ RFP
PBDs
Invitation to Bid/ REI
Supplemental/ Bid
Bulletin
Notice of Postponement
Notice of Eligibility
Notice of Shortlisting
Abstract of Quotations
Abstract of Bids
Bid Evaluation Report
Notice to the LCB
Post- Qualification Report
Notice of Post-Disqualification
Notice of Award
Approval of Higher
Authority
Notice to Proceed
BAC Resolutions
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USE OF VIDEOCONFERENCING, WEBCASTING & SIMILAR TECHNOLOGY
(GPPB Resolution No. 24-2018)
Procurement Activities that may be conducted electronically
Pre-Procurement Conference Bid Opening All other procurement
activities/ meetings
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
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TRANSPARENCY REQUIREMENTS
FOR PROCURING ENTITIES
All PEs are reminded of the transparency
and accountability requirements under RA
No. 9184 and its 2016 IRR, the General
Appropriations Act (GAA), Resolutions
issued by the Government Procurement
Policy Board (GPPB) and other relevant
laws, rules and regulations.
GPPB Circular No. 01-2021
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TRANSPARENCY REQUIREMENTS
FOR PROCURING ENTITIES
Document or Information
Invitation to Bid
Downloadable complete
Bidding Documents
Supplemental Bid Bulletin,
if applicable
Notice of Postponement
PhilGEPS
website
Conspicuous
Place
PE’s website, if
any Others
✓ ✓ ✓ Conspicuous
Place
✓ ✓ ✓ Conspicuous
Place
✓ ✓ ✓ Send to all those
who have secured
the Bid Docs
✓ ✓ ✓ Conspicuous
Place
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TRANSPARENCY REQUIREMENTS
FOR PROCURING ENTITIES
Document or Information
Notice of Award
Notice to Proceed
Approved Contract
PhilGEPS
website
Conspicuous
Place
PE’s website, if
any Others
✓ ✓ ✓ Conspicuous
Place
✓ ✓ Conspicuous
Place
✓ ✓ Conspicuous
Place
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Decisions made of at least a majority of the BAC members present, using such
technology shall be considered valid and binding
QUORUM A member of the BAC (including
Chairperson and Vice-
Chairperson) may be present
either in person or face-to-face
through videoconferencing,
webcasting or similar
technology for PEs with such technology
USE OF VIDEOCONFERENCING, WEBCASTING & SIMILAR TECHNOLOGY
(GPPB Resolution No. 24-2018)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
PRE-PROCUREMENT CONFERENCE
� Description and scope of the contract
� Approved Budget for the Contract
(ABC)
� Contract duration
� Whether project is in accordance with
the PPMP and APP
� Availability of appropriations
� Completeness and correctness of the
Bidding Documents
Purpose: To determine the readiness of the procurement
� Completion of the detailed engineering
according to the prescribed standards in
the case of Infrastructure Projects
� Availability of right-of-way site or location,
and the possession of affected properties
� Review and adopt the procurement
schedule
� Reiterate and emphasize the importance
of confidentiality
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
PRE-PROCUREMENT CONFERENCE
❑Conducted
prior to
advertisement
or posting of
the Invitation to
Bid (IB)
❑Mandatory for
projects with
Approved Budget
for the Contract
(ABC) above
PhP5,000,000.00
Condition
❑Bids and Awards
Committee (BAC)
❑BAC Secretariat
❑Technical Working
Group (TWG)
❑Consultants for the
subject procurement
project, if any
❑End-user unit
❑Other Officials
� Participants Timeline
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REFERENCE TO BRAND NAMES
Sec. 18 of RA 9184 and its IRR
❑The prohibition applies to the procurement of goods, and
goods component of Infrastructure Projects and Consulting
Services.
❑Specifications should be based on relevant characteristics,
functionality and performance requirements, except for
items or parts that are compatible with the existing fleet or
equipment of the same make and brand, and to maintain the
performance, functionality and useful life of the equipment.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
ADVERTISEMENT/POSTING OF THE
INVITATION TO BID
To signal the
start of the
bidding process
and invite
interested
bidders to
participate in the
procurement
activity
Purpose
Bid opportunity, including complete Bidding Documents
shall be posted continuously for seven (7) CDs, in the
following: ✔ Philippine Government Electronic Procurement System
(PhilGEPS);
✔ Website of the PE, if any;
✔ Website of IFI, if applicable; and
✔ At any conspicuous place in the premises of the PE.
Guidelines
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SUNSET PROVISION ON ADVERTISEMENT IN
NEWSPAPER
However:
Advertisement of bid opportunities in a newspaper
shall no longer be required two (2) years after the
effectivity of the 2016 Revised IRR of RA No. 9184 or
from October 28, 2018 onwards (GPPB Resolution
No. 22-2018)
PEs that cannot post its opportunities in the PhilGEPS for
justifiable reasons shall continue to publish its advertisements in
a newspaper of general nationwide circulation
Posting shall be for a continuous period of 7 calendar days
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
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POSTING IN OFFICIAL WEBSITE AND
SOCIAL MEDIA PLATFORMS
All agencies and instrumentalities
under the Executive Department shall
post the Request for Invitation to Bid
on their official websites and social
media platforms in an organized
manner and shall ensure its security
and integrity
GPPB Circular No. 01-2021
BIDDING DOCUMENTS FEE
❑ PEs may charge fees for the acquisition of Bidding
Documents based on the following rates:
APPROVED BUDGET FOR THE
CONTRACT
MAXIMUM COST OF BIDDING
DOCUMENTS IN PHP
500, 000 and below 500.00
More than 500, 000 up to 1 Million 1,000.00
More than 1 Million up to 5 Million 5,000.00
More than 5 Million up to 10 Million 10,000.00
More than 10 Million up to 50 Million 25,000.00
More than 50 Million to 500 Million 50,000.00
More than 500 Million 75,000.00
May be refunded based on the
grounds provided for under Section 41 (Reservation
Clause)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
PRE-BID CONFERENCE
❑ To discuss, clarify and explain, among other things,
the eligibility requirements and the technical and
financial components of the contract to be bid
including questions and clarifications raised by the
prospective bidders before and during the Pre-Bid
Conference
❑ It is open to prospective bidders, but attendance shall
not be mandatory
Purpose
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without the author’s approval is prohibited.
PRE-BID CONFERENCE
❑Held at least 12 CDs before deadline for bid
submission but not earlier than 7 CDs from the
PhilGEPS posting of the IB and Bidding
Documents
❑May be held at least 30 CDs before deadline for
bid submission, considering the following:
✔Method, nature, and complexity of contract
✔International participation is more
advantageous
Timeline
❑Mandatory for
projects with
ABC of
PhP1,000,000.00
or more
Condition
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
Minutes of the Pre-Bid Conference is no longer required to be
posted in the website of the PE.
GPPB Resolution No. 04-2021
MEASURES TO MAXIMIZE PRE-BID CONFERENCE
BAC shall have a proactive role during the Pre-Bid Conference by:
Initiating discussions on the requirements of the
project
Discussing the common reasons of bidders’
disqualification and ways to prevent occurrence of
such reasons
GPPB Resolution No. 02-2018
Issuance of Supplemental/Bid Bulletin at its own
initiative or in response to requests for clarifications
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
MEASURES TO MAXIMIZE PRE-BID CONFERENCE
BAC shall have a proactive role during the Pre-Bid Conference by:
GPPB Resolution No. 02-2018
Provision of alternative documents to the Eligibility
Requirements
Relaxing the eligibility requirements for foreign
consultants
Separate eligibility requirements for individual
consultants
Less stringent rules in sealing and marking of bids
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SUPPLEMENTAL/BID BULLETINS
Issued by the BAC, duly signed
by BAC Chairperson, to:
❑ Answer requests for
clarification or interpretation
❑ Clarify or modify any
provision of Bidding Docs
Purpose
❑ Must be issued at
least 7 CDs
before deadline
for bid
submission
❑ Meanwhile,
queries should be
submitted to the
BAC 10 CDs
before deadline
for bid
submission
Timeline
❑Must be posted in
PhilGEPS and PE’s
website, and at a
conspicuous place within
the premises of the PE
❑Bidders who have
submitted bids before
issuance of
Supplemental/Bid Bulletin
must be informed in
writing and allowed to
modify or withdraw their
bids
Conditions
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Office, and any form of reproduction and distribution without the author’s approval is prohibited.
SUBMISSION AND RECEIPT OF BIDS
Bids should be submitted
to the BAC on the date,
time, and either at its
physical address or
through online
submission specified in
the IB, through the
bidder’s duly authorized
representative in a Two-
Envelope System
Financial Proposal
Bids should be valid for a period not exceeding one hundred twenty
(120) calendar days from the date of the opening of bids
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
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Enclose the ORIGINAL eligibility and
technical documents in one sealed
envelope marked “ORIGINAL –
TECHNICAL COMPONENT” and the
ORIGINAL financial component in
another sealed envelope marked
“ORIGINAL – FINANCIAL
COMPONENT” (Apply the same for copies, if PE quested, but
marking should be “Copy # - Technical/Financial
Component”)
1
SEALING AND MARKING OF BIDS
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without the author’s approval is prohibited.
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Seal both envelopes in an
outer envelope marked
“ORIGINAL BID”
(Apply the same for copies, if PE requested,
but marking should be “Copy # of Original
Bid”)
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SEALING AND MARKING OF BIDS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
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The ORIGINAL
Technical/Financial Envelope
and the COPY Envelopes, if
any, shall be CONTAINED in
ONE ENVELOPE 3
SEALING AND MARKING OF BIDS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SEALING AND MARKING OF BIDS
Unsealed or unmarked
bid envelopes or in case
of electronic bid
submission, not in
compressed archive
folders and are not
password-protected
REJECTED
Improperly sealed and
marked bid envelopes or
not properly compressed
and password-protected
ACCEPTED Provided that the bidder or
its duly authorized
representative shall
acknowledge such condition
of the bid as submitted.
ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
GPPB RESOLUTION NO. 09-2020
1. Through Any Electronic Means Available
Online or electronic submission and receipt of bids for procurement
modalities where a two-envelope procedure or sealed price quotation is
required shall be allowed.
2. Through the GPPB Online Portal
https://gppbgovph.com/ Currently being developed
The BAC shall decide whether to allow the online or electronic submission and
receipt of bids based on the PE’s procurement needs and capabilities, and shall
be clearly stated in the IB, including bidding documents if allowed
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
Capable of
generating an audit
trail of transactions
to ensure the
security, integrity and
authenticity of bid submissions
ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
GPPB RESOLUTION NO. 09-2020
SUBMISSION THROUGH ANY ELECTRONIC MEANS AVAILABLE
PASSWORD-PROTECTED
BIDDING DOCUMENTS
Password Protection
Archive Format
Compression
�
Upon receipt of the first and second envelopes, PEs shall generate a Bid
receipt page for the official time of submission which can be saved or
printed by the bidder
Passwords shall be disclosed by the
Bidders only during the actual bid opening
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
CERTIFICATION ON ELECTRONIC SUBMISSION
AND RECEIPT OF BIDS
GPPB RESOLUTION NO. 12-2020
Certification, using GPPB-prescribed format, must:
❑ Be issued by the highest official managing the Information
Technology system of the agency
❑ Describe the electronic system or procedure to be used by
the PE for the electronic submission and receipt of bids, and
compliant with the requirements under GPPB Resolution No.
09-2020
❑ Submitted to the GPPB-TSO through
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SUBMISSION AND RECEIPT OF BIDS
Bids submitted after the deadline shall not be accepted
Date of submission should not be later than the
following periods from the last day of posting of the IB:
ABC (in PhP) PERIOD (in CD)
50,000,000.00 and Below 50
Above 50,000,000.00 65
The BAC Secretariat shall notify in writing all bidders
whose bids it has received through its PhilGEPS-
registered physical address or official e-mail address
within 7 CD from the date of the bid opening
For bids submitted
electronically, the PEs shall
generate a Bid receipt page for
the official time of submission
which can be saved or printed
by the bidder, upon receipt of
the first and second envelope
(GPPB Resolution No. 09-2020)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SUBMISSION AND RECEIPT OF BIDS
MODIFICATION OF BIDS
All Bids may be
modified before
the deadline
WITHDRAWAL OF BIDS
❑ LETTER of WITHDRAWAL, must be
received prior to the deadline for
submission and receipt of bids
❑ Withdrawing bidder is NOT allowed
to submit another Bid.
❑ For bids withdrawn within the interval
between the deadline and expiration
of Bid validity, the Bid Security shall
be FORFEITED
For electronic bid submission, Bidders shall send
another Bid equally secured, properly identified, and
labelled as a “modification” of the one previously
submitted. The time indicated in the latest Bid receipt
page generated shall be the official time of submission.
(GPPB Resolution No. 09-2020)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
OPENING AND PRELIMINARY EXAMINATION OF BIDS
The BAC shall open the bids in public immediately after the deadline for the
submission and receipt of bids
Checking presence
or absence of
submitted documents
against a checklist of
required documents
using a non-
discretionary
“pass/fail” criterion
▪ Only 2nd Envelopes of
bidders whose 1st Envelope
was rated “Passed” will be
opened
▪ Bids with missing,
incomplete or patently
insufficient, and/or bid price
exceeding the ABC shall be
rated “Failed”
Ranking
Only bidders
whose both 1st
and 2nd
envelopes were
rated “Passed”
will be ranked
Opening of
1st Envelope Opening of
2nd Envelope An electronic
copy that cannot
be opened or is
Corrupted shall
be considered
non-responsive
and, thus,
automatically
disqualified.
OPENING AND PRELIMINARY EXAMINATION OF BIDS
4.57
In case the submitted bids cannot be opened
as scheduled due to justifiable reasons, the
BAC shall take custody of the said bids and
reschedule the opening on the next working
day or at the soonest possible time through
the issuance of a Notice of Postponement
to be posted in the PhilGEPS website and the
website of the PE concerned.
OF
POSTPONEMENT
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without the author’s approval is prohibited.
OPENING AND EVALUATION OF 1ST ENVELOPE
1. Legal Documents
2. Technical
Documents
3. Financial
Documents
Eligibility Requirements
1. Bid Security
2. Project
Requirements
3. Omnibus Sworn
Statement
Technical Requirements Opening of 1st Envelope –
Eligibility Docs & Technical
Requirements
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ELIGIBILITY REQUIREMENTS C
las
s “
A”
� PhilGEPS
Certificate of
Registration
and
Membership
Legal
� Statement of all ongoing
contracts
� Statement of Single Largest
Completed Contract (SLCC)
� Philippine Contractors
Accreditation Board (PCAB)
License (For Joint Venture)
� Net Financial
Contracting
Capacity
(NFCC)
Technical Financial
Class “B” � In case of JV, JV Agreement entered into by the parties
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ELIGIBILITY REQUIREMENTS (CLASS “A”)
PhilGEPS Certificate of Registration and Membership
All bidders shall upload and maintain in PhilGEPS a current
and updated file of the following Class “A” eligibility
documents under Sections 23.1(a) and 24.1(a):
1. Registration Certificate;
2. Mayor’s/Business Permit or its Equivalent Document;
3. Tax Clearance;
4. PCAB license and registration; and
5. Audited Financial Statements (AFS)
Mandatory submission of PhilGEPS Certificate of Registration and Membership under Platinum category
for Competitive Bidding, Limited Source Bidding and Two-Failed Bidding has been suspended, thus,
bidders can submit the individual eligibility documents. However, said Certificate shall be required to be
submitted during post-qualification (GPPB Circular No. 07-2017)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
ELIGIBILITY REQUIREMENTS (CLASS “A”)
PhilGEPS Certificate of Registration and Membership
For foreign bidders participating in the procurement by a Philippine
Foreign Service Office or Post, they shall submit their eligibility
documents under Section 23.1, 2016 IRR of R.A. No. 9184.
Provided, that the winning bidder shall register with the PhilGEPS
in accordance with Sec. 37.1.4 of the 2016 IRR of R.A. No. 9184.
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LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
❑Recently expired Mayor’s/Business permit shall
be accepted together with the official receipt as
proof that the bidder has applied for renewal
within the period prescribed by the concerned
LGU.
❑However, the renewed permit shall be
submitted as a post-qualification requirement
in accordance with Sec. 34.2 of the 2016 IRR of
R.A. No. 9184
MAYOR’S PERMIT
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LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
❑ Submission of BIR receipt for renewal of Tax
Clearance will not suffice in lieu of a valid Tax
Clearance Requirement since substitution is not
allowed under Section 34.2 of the IRR of R.A. No.
9184.
❑ Submission of Provisionary Tax Clearance issued by
the BIR for bidding purposes is not acceptable form
of Tax Clearance. (GPPB Resolution No. 01-2014)
TAX CLEARANCE
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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
STATEMENT OF ALL ONGOING GOVERNMENT AND
PRIVATE CONTRACTS
❑ Statement of the prospective bidder of all ongoing
government and private contracts, including
contracts awarded but not yet started, if any, whether
similar or not similar in nature and complexity to the
contract to be bid. (Sec. 23.1(a)(iv), IRR of R.A. No.
9184)
❑ The statement shall include all information required in
the Philippine Bidding Documents prescribed by
GPPB
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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
SINGLE LARGEST COMPLETED CONTRACTS (SLCC)
❑ The SLCC completed should be similar to the contract to be bid, or
has the same major categories of work
❑ The SLCC’s value should be at least 50% of the ABC to be bid upon
adjustment to current prices using the PSA consumer price indices
❑ Contractors under Small A and Small B categories without similar
experience on the contract may participate if the cost of the contract
to be bid is not more than the Allowable Range of Contract Cost
(ARCC) of their registration
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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
❑A valid PCAB License or Special PCAB
License for JV, and Registration for the type
and cost of the contract to be bid, should be
valid at the time of the deadline for the
submission and opening of bids. PCAB LICENSE
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NON-ACCEPTABILITY OF TEMPORARY PCAB LICENSE
✔License issued by the Philippine
Contractors Accreditation Board
allowing an entity to engage in
business as a contractor
✔Turn-around time for its issuance is
twenty (20) calendar days
PCAB License
✔Refers to the document issued by
PCAB to a contractor who has filed for
renewal of PCAB License before the
30th day of June but have not yet been
processed due to high volume of
applicants
Temporary PCAB License ✋
GPPB Resolution No. 10-2019
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NON-ACCEPTABILITY OF TEMPORARY PCAB LICENSE
GPPB Resolution No. 10-2019
Infrastructure Projects, either procured through competitive bidding
or alternative methods of procurement.
Bidders shall submit a valid PCAB License for the following procurement
projects:
Goods or Consulting Services with civil works component, either
procured through competitive bidding or alternative methods of
procurement.
Temporary PCAB License shall not be accepted as an eligibility or
documentary requirement in lieu of a valid PCAB license
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without the author’s approval is prohibited.
FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
AUDITED FINANCIAL STATEMENT
Audited financial statements, showing, among
others, the bidder’s total and current assets and
liabilities, stamped “received” by the BIR or its
duly accredited and authorized institutions, for
the preceding calendar year which should not be
earlier than two (2) years from the date of bid
submission.
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FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
❑ The NFCC value should be at least equal to the ABC to be bid
NET FINANCIAL CONTRACTING CAPACITY (NFCC)
The constant NFCC’s K factor is set at 15,
regardless of contract duration – Financial Component
[(Current assets minus current liabilities) (K)] minus
the value of all outstanding or uncompleted portions
of the projects under ongoing contracts, including
awarded contracts yet to be started, coinciding with
the contract to be bid.
NFCC =
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FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
NET FINANCIAL CONTRACTING CAPACITY (NFCC)
❑ The values of the domestic bidder’s current assets and
current liabilities shall be based on the latest AFS submitted
to the BIR.
❑ For purposes of computing the foreign bidder’s NFCC, the
value of the current assets and current liabilities shall be
based on their AFS prepared in accordance with
international financial reporting standards.
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ELIGIBILITY REQUIREMENTS (CLASS “B”)
REQUIREMENTS FOR JOINT VENTURES
� Legal Eligibility
Documents (or
PhilGEPS Certificates
of Registration under
Platinum membership
category)
To be Submitted by
All Partners
� Technical Eligibility
Documents
� Financial Eligibility
Documents
To be Submitted by
Any of the Partners
� Valid Joint Venture Agreement
Joint Submission
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ELIGIBILITY REQUIREMENTS FOR FOREIGN BIDDERS
Equivalent
Class “A” Documents
Issued in the country of the Foreign Bidder
Must be in ENGLISH
If not, it must have a translation in ENGLISH
by any of the following:
❑ relevant foreign government agency;
❑ the foreign government agency
authorized to translate documents, or
❑ a registered translator in the foreign
bidder’s country.
Documents shall be authenticated by the appropriate Philippine foreign service
establishment/post or the equivalent office having jurisdiction over the foreign
bidder’s affairs in the Philippines.
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For Contracting Parties to
the Apostille Convention,
the documents shall be
authenticated through an
apostille by the
Competent Authority,
except for countries
identified by the Department
of Foreign Affairs (DFA) that
will still require legalization
(red ribbon) by the relevant Embassy or Consulate.
ELIGIBILITY REQUIREMENTS FOR FOREIGN BIDDERS
NEW PROVISION
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TECHNICAL REQUIREMENTS
BID SECURITY
To guarantee that the
successful bidder shall,
within ten (10) CDs from
receipt of the notice of
award, enter into contract
with the PE and furnish
the performance security
required
Purpose
Form of Bid Security Amount
a) Cash or cashier’s/ manager’s check
2% of ABC b) Bank guarantee/draft or Irrevocable Letter of
Credit, issued by a universal or commercial bank
c) Surety bond callable upon demand, accompanied
by certification from Insurance Commission 5% of ABC
e) Bid Securing Declaration No percentage
required
❑Only 1 form of Bid Security is required to be submitted
❑ Bidders have the option to choose their preferred form of bid security
*For biddings conducted by LGUs, these may be issued by other banks
certified by the BSP as authorized to issue such financial instrument
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TECHNICAL REQUIREMENTS
BID SECURING DECLARATION
(GPPB Resolution No. 16-2020)
A document/undertaking signed
by the bidder committing to pay
the corresponding fine and be
automatically disqualified from
bidding of any procurement
contract of ant PE for a period of
time, upon receipt of the
Blacklisting Order (BO), in the
event it violated any of the
conditions stated therein
REVISED PROVISION
❑ Penalty of
disqualification for two
(2) years from bidding
for any procurement
contract with any PE,
upon receipt of the BO;
and
❑ Payment of fine to be
calculated in accordance
to the rules set
REVISED PENALTIES
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TECHNICAL REQUIREMENTS
PROJECT REQUIREMENTS
Must contain the following:
� Organizational chart for the contract to be bid
� List of contractor’s personnel (e.g., Project Manager, Project
Engineers, Materials Engineers, and Foremen), to be assigned to
the contract to be bid, with their complete qualification and
experience data; and
� List of contractor’s major equipment units, which are owned,
leased, and/or under purchase agreements, supported by proof
of ownership or certification of availability of equipment from the
equipment lessor/vendor for the duration of the project
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TECHNICAL REQUIREMENTS
REVISED
OMNIBUS
SWORN
STATEMENT
FORM (GPPB Resolution
No. 16-2020)
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SIXTH EDITION OF THE PHILIPPINE BIDDING
DOCUMENTS
ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
The SCANNED Copies of the FIRST ENVELOPE with the
Required Forms shall be considered as compliant with the
requirements of bid submission,
✔ subject to the submission of the original copies of the
following during post-qualification:
1. Bid Security or Bid Securing Declaration
2. Omnibus Sworn Statement
Non-submission of these forms shall be a ground for post-
disqualification, pursuant to Section 30.1 of the 2016 revised
IRR of RA No. 9184
GPPB RESOLUTION NO. 16-2020
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ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
GPPB RESOLUTION NO. 09-2020
subject to submission of Business or Mayor's permit after award of contract but before payment;
subject to compliance therewith after award of contract but before payment
Unnotarized Bid Securing Declaration
Expired Business or Mayor's permit with
Official Receipt of renewal application
Omnibus Sworn Statement
PEs shall accept alternate
documentary requirements
for procurement activities
during a State of Calamity,
or implementation of
community quarantine or
similar restrictions
declared, which existence
shall be determined and
validated by the BAC
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CONTENTS OF 2ND ENVELOPE
Opening of 2nd
Envelope – Financial
Proposal
1. Financial Bid Form,
including bid prices
and bill of quantities,
as well as applicable
price schedules
2. Other documents
required in the
bidding documents
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DETAILED EVALUATION OF BIDS
To determine the
Lowest Calculated
Bid (LCB) , by: ❑ Establishing
correct
calculated prices
of bids; and
❑ Ranking
calculated total
bid prices from
lowest to highest
Purpose
A non-discretionary
criterion shall be used,
which shall include
consideration of: ❑ Completeness of
bids; and
❑ Minor arithmetical
corrections
Results shall be
contained in the
Abstract of Bids
Method
Should be
completed
within 7 CD
from the
deadline for
receipt of
proposals
Timeline
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DETAILED EVALUATION OF BIDS
Unless the Instructions to
Bidders (ITB) specifically
allows partial bids, those
not providing all required
items shall be considered
non-responsive
Placing no price is
considered as non-
responsive
Specifying a “0” or “-”
means it is offered for
free
Prohibition on communication w/ bidders from bid
evaluation until award of contract
NO CONTACT RULE
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POST-QUALIFICATION
To determine whether
the LCB complies with
and is responsive to all
requirements and
conditions as specified
in the Bidding
Documents, to be
declared the Lowest
Calculated and
Responsive Bid (LCRB)
Purpose
A non-
discretionary pass
or fail criterion
shall be used to
“Verify, Validate
and Ascertain” all
statements and
documents
submitted by the
LCB
Method
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POST-QUALIFICATION
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SEC CERTIFICATE OF REGISTRATION FOR
FOREIGN BIDDERS
Within ten (10) CD from receipt by the winning bidder of the Notice of Award,
the following documents shall be submitted before the contract may be
awarded:
i. xxx
ii. xxx
iii. The SEC Certificate of Registration of the foreign
corporation/consulting firm and/or the authority or license from the
appropriate government agency or professional regulatory body of the
foreign professionals engaging in the practice of regulated professions
and allied professions, where applicable.
Section 37.1.4 (a)(iii) of the IRR of RA 9184
Amendment
GPPB Resolution No. 25-2019
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AWARD OF CONTRACT
❑ The BAC shall recommend award of contract to
the Lowest Calculated and Responsive Bid
(LCRB) at submitted price or calculated price,
whichever is lower.
❑ The BAC shall notify all other bidders, in
writing, of its recommendation to HoPE of
award of contract to LCRB within 3 CD from
the issuance of the resolution recommending
award
Award of contract is subject to the
following conditions within 10 CD from
issuance of NOA:
� If JV, submission of JVA
� In the case of procurement by a
Philippine Foreign Office or Post,
PhilGEPS Registration Number
� If foreign-funded and stated in treaty,
international or executive agreement,
PCAB License
� Posting of Performance Security
� Signing of Contract upon compliance
with all documentary requirements
� If required, approvals by higher
authority
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AWARD OF CONTRACT
POSTING OF PERFORMANCE SECURITY
To guarantee
performance of
obligation by the
LCRB in such form
and amount
specified in the
Bidding
Documents
Purpose
❑ Ground for
disqualification
❑ Next-ranked LCB
shall undertake post-
qualification
❑ Bid security shall be
forfeited without
prejudice to the
imposition of
sanctions
Effects of Failure to Post
Form of Performance Security Amount
a) Cash or
cashier’s/manager’s check
issued by Universal of
Commercial Bank* Not less than
10% of the
Contract Price b) Bank draft/guarantee or
Irrevocable LC issued by
Universal of Commercial
Bank*
c) Surety bond callable upon
demand certified by the
Insurance Commission as
authorized to issue such
security
Not less than
30% of the
Contract Price
*For biddings conducted by LGUs, these may be
issued by other banks certified by the BSP as
authorized to issue such financial instrument
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without the author’s approval is prohibited.
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
REVISED PERFORMANCE SECURING
DECLARATION FORM
(GPPB Resolution No. 16-2020)
Similar to the PSD used in Framework Agreement, such
declaration shall state, among others, that the winning bidder
that it will be automatically disqualified from bidding of any
procurement contract of any procuring entity for a period of
one (1) year for the first offense or two (2) years for the
second offense, upon receipt of the Blacklisting Order, in the
event it violates any of the conditions stated in the contract. � An unnotarized PSD may be accepted, subject to submission of a
notarized PSD before payment, unless the same is replaced with a
performance security in the prescribed form
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AWARD OF CONTRACT
CONTRACT SIGNING
GOCC’s
CONCERNED
BOARD
APPROVING
HIGHER AUTHORITY
20 CD Maximum days from receipt to APPROVE
or DISAPPROVE the CONTRACT
30 CD Maximum days from receipt to APPROVE
or DISAPPROVE the CONTRACT
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AWARD OF CONTRACT
ISSUANCE OF NOTICE TO PROCEED
TIMEFRAME: The PE shall issue the
Notice to Proceed (NTP) together with a copy
or copies of the approved contract to the
successful bidder within 7 CD from the date
of approval of the contract by the appropriate
government approving authority.
NOA within 3 CD from issuance, in:
NTP and the approved contract within 15 CD
from the issuance of the NTP, in: All notices called for by the terms of the contract
shall be effective only at the time of receipt
thereof by the successful bidder.
PhilGEPS PE’s Website Conspicuous Place
POSTING REQUIREMENT
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85 85
ADDITIONAL TRANSPARENCY REQUIREMENTS
Posting of procurement
documents
• PhilGEPS
• Agency's Official Website
(Transparency Seal)
• Social Media Platforms
What to post?
• Advertisements of procurement
projects
• Post-award information
Post-award information shall also
be published
once in a newspaper of general
circulation
86 86
POSTING IN NEWSPAPERS
GPPB Resolution No. 04-2021, pursuant to Sec 4 of AO No. 34
For ABC of Php 50,000,000 and above
(Executive Department)
AWARD OF CONTRACT
POSTING OF WARRANTY SECURITY
To guarantee that the
contractor shall perform his
responsibilities and shall
answer for an liability
arising due to: ❑ improper construction
❑ use of inferior
quality/standard
❑ any violation of the contract
plans and specifications
Purpose
Type of Structural Defects
and Failures
Warranty
Period
Permanent
Structures(Types 4 and 5;
Ex. steel, iron, concrete)
15 years
Semi-Permanent structures
(Types 1,2 and 3; Ex. roads,
concrete river control,
drainage, irrigation lined
canals)
5 years
Other structures (Ex.
wooden bridges, spring
developments)
2 years
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AWARD OF CONTRACT
POSTING OF WARRANTY SECURITY
Form of Warranty Security Amount
a) Cash or cashier’s/manager’s check
issued by Universal of Commercial
Bank*
Not less than 5% of
the Contract Price
b) Bank draft/guarantee or Irrevocable LC
issued by Universal of Commercial
Bank*
Not less than 10% of
the Contract Price
c) Surety bond callable upon demand
certified by the Insurance Commission
as authorized to issue such security
Not less than 30% of
the Contract Price
*For biddings conducted by LGUs, these may be issued by other banks certified by
the BSP as authorized to issue such financial instrument
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AWARD OF CONTRACT
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FAILURE OF BIDDING
Effects
1. Mandatory review shall be
conducted by BAC
2. Based on findings, BAC
shall:
• Revise terms, conditions,
specifications
• Adjust ABC, subject to
required approvals
3. Re-bidding
4. Re-advertisement
Declared by the BAC when:
No bids are received;
Bids were received but no
one was eligible;
All bids failed to post qualify; or
Refusal of the post-qualified
bidder to accept award
without justifiable cause
SECTION 35 This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
CANCELLATION/TERMINATION OF
PROCUREMENT ACTIVITIES
GPPB RESOLUTION NO. 09-2020
Without prejudice to Section 35.1 of the 2016 revised IRR of RA No. 9184, the BAC,
upon consultation with the end-user unit, shall be allowed to cancel or terminate the
conduct of procurement activities for any justifiable reason, such as but not limited to:
the physical and economic conditions have
significantly changed so as to render the
project no longer economically, financially, or
technically feasible, as determined by the
end-user unit;
1
the project is no longer necessary as
determined by the end-user unit;
2
the source of funds for the project has
been withheld or reduced through no fault of the PE; or
3
brought about by the declaration of a State
of Calamity, or implementation of
community quarantine or similar
restrictions.
4
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RESERVATION CLAUSE
Grounds
❑ Prima facie evidence of collusion
❑ BAC is found to have failed in following the
prescribed bidding procedures
❑ For justifiable reasons, the award of contract
will not redound to the benefit of the
Government: � Physical and economic conditions have
significantly changed;
� Project is no longer necessary
� Source of funds for the project has been
withdrawn/reduced.
HoPE reserves the right to:
Reject any and all bids
Declare a failure of
bidding; or
Not award the contract
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RECOMMENDED POSSIBLE PERIOD TO COMPLETE
THE PROCUREMENT ACTIVITY
26 CDs
.
141 or
156 CDs Excluding Approval of Higher Authority, if applicable
EARLIEST PERIOD MAXIMUM PERIOD
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PERIOD TO COMPLETE PROCUREMENT PROCESS
In the case of Jacomille v. Abaya, et al., the
petitioner contends that the public respondents
failed to comply with the periods provided by law,
specifically the 3-month period from the opening
of the bids up to the award of the contract under
Section 38 of RA 9184. The Supreme Court held
that “[t]he different periods provided by RA 9184
within which certain stages of the procurement
process must be completed is not merely directory
but mandatory.”
Thus, it concluded that such irregularity rendered
the procurement process null and void.
PROCUREMENT PROCESS
From Opening of Bids to
Award of Contract shall
NOT EXCEED 3
MONTHS
G.R. No. 212381, 22 April 2015
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