UPDATE ON CENTRAL BAC /

ROBAC COMPLIANCE TO
PROJECT BOARD COM.
INSTRUCTION ON 07-21-2021
August 02, 2021
HOW TO OPEN BIDS
 2021-04-002 (INFRA) - Ayer
Sample Bid Data Village Subdivision Phase III
Sheet
NPM No. 024-2018
Located in Brgy. Sta. Catalina, Zamboanga
City
 HOW OR WHEN A BIDDER IS
CONSIDERED DISQUALIFIED
 1 A bidder may be disqualified during
Eligibility Screening, and Post-Qualification
under Sections 23 and 34 of RA No. 9184 and
its 2016 IRR, respectively.
During Eligibility Screening, the submission
How may a bidder of the eligibility documents enumerated in
Section 23.1 of the 2016 IRR of RA No. 9184
be disqualified? is a mandatory requirement that must be
complied with by prospective bidders, such
NPM No. 024-2018
that failure to submit any of the documents
or the submission of an otherwise
incomplete or patently insufficient
document, will disqualify the bidder based
on the non-discretionary “pass/fail” criterion
under Section 30.1 of the 2016 IRR.
 1 Disqualification during the Post-
Qualification stage is covered by Section 34
of the 2016 IRR, where the Bids and Awards
Committee (BAC) verifies, validates and
ascertains all statements made and the
documents submitted by the bidder with the
How may a bidder Lowest Calculated Bid (LCB) or Highest
rated bid (HRB), as the case may be, using
be disqualified? non-discretionary pass/fail criteria. [T]he
verification under the post-qualification
NPM No. 024-2018 stage is not limited to the examination of
documents submitted by the bidder, but
also includes inspection of the subject
equipment vis-à-vis the technical
specifications specified in the bidding
documents.
 1 In the event that the verification, validation,
and ascertainment conducted by the
Procuring Entity (PE) yield a negative result;
or on the scheduled date of inspection, the
bidder fails to present the sample good or
equipment for examination or evaluation,
How may a bidder the BAC has the prerogative to declare the
bidder post-disqualified for failure to comply
be disqualified? with the requirements. Additionally, in case
the BAC determines that the bidder with the
NPM No. 024-2018 LCB or HRB fails the criteria for post-
qualification, it shall immediately notify the
said bidder in writing of its post-
disqualification and the grounds therefor
pursuant to Sections 34.3 and 34.5 of the
2016 IRR.
 1
Moreover, Section 23.6 of the 2016 IRR
How may a bidder states that if the PE uncovers any
misrepresentation made in the eligibility
be disqualified? requirements, statements or documents, it
shall consider the prospective bidder as
NPM No. 024-2018 ineligible and shall disqualify it from
obtaining an award of contract.
 2 During the Opening of Bids, the BAC shall
check the submitted documents of each
bidder against a checklist of required
documents to ascertain if they are all
Preliminary present, using a non-discretionary
“pass/fail” criterion, as stated in the
Examination of Bids Instructions to Bidders. If a bidder submits
the required document, it shall be rated
Sec. 30, RA 9184 “passed” for that particular requirement. In
this regard, bids that fail to include any
requirement or are incomplete or patently
insufficient shall be considered as “failed.”
 2 Receipt of the scanned copies shall be
considered as compliant with the requirements
of the said bid submission, subject to the
submission of the original copies of the
following:

Preliminary I. bid securing declaration or other forms

Examination of Bids
Sec. 30, RA 9184
of bid security excluding cash, and
II. the omnibus sworn statement.
These forms shall be submitted by the bidder to
and duly received by the BAC concerned during
the post-qualification stage.
The non-submission of these forms on the set
period shall render the bid submission as non-
compliant and shall result in the post-
disqualification of the bid.
 2 Immediately after determining compliance
with the requirements in the first envelope,
the BAC shall forthwith open the second bid
envelope of each remaining eligible bidder
whose first bid envelope was rated “passed.”
Preliminary In case any of the requirements in the
Examination of Bids second envelope of a particular bid is
missing, incomplete or patently insufficient,
Sec. 30, RA 9184
and/or if the submitted total bid price
exceeds the ABC, the BAC shall rate the bid
concerned as “failed.” Only bids that are
determined to contain all the bid
requirements for both components shall be
rated “passed” and shall immediately be
considered for evaluation and comparison.
3
The ABC shall be the upper limit or ceiling
Ceiling for Bid for acceptable bid prices. If a bid price, as
Prices evaluated and calculated in accordance with
this IRR, is higher than the ABC, the bidder
Sec. 31, RA 9184
submitting the same shall be automatically
disqualified. There shall be no lower limit or
floor on the amount of the award.

Total calculated bid prices, as evaluated and corrected for computational errors, and other bid
modifications, which exceed the ABC shall be disqualified. Sec. 32.2.4, RA 9184
 4 Unless the Instructions to Bidders
specifically allow partial bids, bids not
addressing or providing all of the required
items in the Bidding Documents including,
where applicable, bill of quantities, shall be
Completeness of considered non-responsive and, thus,
the bid automatically disqualified. In this regard,
where a required item is provided, but no
Sec. 32.2.1, RA 9184 price is indicated, the same shall be
considered as non-responsive, but
specifying a zero (0) or a dash (-) for the said
item would mean that it is being offered for
free to the Government, except those
required by law or regulations to be
provided for.
5

Disclosure of All bidders also found to have conflicting

interests with each other shall be
Relations disqualified to participate in the
procurement at hand, without prejudice to
Sec. 47.2, RA 9184 the imposition of appropriate
administrative, civil, and criminal sanctions.
MECHANISM OF
BLACKLISTING
1.1

Submission of eligibility
Grounds for requirements containing
Blacklisting false information or falsified
Section 69, RA 9184 documents.
1.2 Submission of Bids that
contain false information or
falsified documents, or the
Grounds for concealment of such
Blacklisting information in the Bids in
order to influence the
Section 69, RA 9184
outcome of eligibility
screening, or any other stage
of the competitive bidding.
1.3

Allowing the use of one’s

Grounds for name or using the name of
Blacklisting another for purposes of
Section 69, RA 9184 competitive bidding.
1.4 Withdrawal of a bid, or
refusal to accept an award, or
enter into contract with the
Grounds for Government without
justifiable cause, after he had
Blacklisting been adjudged as having
Section 69, RA 9184 submitted the Lowest
Calculated Responsive Bid or
Highest Rated Responsive
Bid.
1.5

Refusal or failure to post the

Grounds for required performance
Blacklisting security within the prescribed
Section 69, RA 9184 time.
1.6

Grounds for Termination of the contract

Blacklisting due to the default of the
bidder.
Section 69, RA 9184
1.7
Refusal to clarify or validate
in writing its bid during post-
Grounds for qualification within a period
Blacklisting of seven (7) calendar days
Section 69, RA 9184 from receipt of the request
for clarification.
1.8

Any documented attempt by

Grounds for a bidder to unduly influence
Blacklisting the outcome of the bidding in
Section 69, RA 9184 his favor.
1.9 All other acts that tend to
defeat the purpose of the
competitive bidding, such as
Grounds for habitually withdrawing from
Blacklisting bidding, submitting late Bids
or patently insufficient bid,
Section 69, RA 9184
for at least three (3) times
within a year, except for valid
reasons.
2.1 Initiation of Action
The following are responsible
for the initiation:
Procedure of 1. Any Bidder / Prospective
Action Bidder
2. Duly Authorized Observer
3. Bids and Awards
Committee
2.2 Notification
BAC notifies Contractor in
writing upon verification:
Procedure of 1. That a compliant has
been filed
Action 2. That he has opportunity
to show cause
3. That a hearing shall be
conducted upon request.
4. The consequence of
being blacklisted
2.3 Submission

Contractor shall submit its

Procedure of written answer to BAC with
Action documentary evidence and
request for hearing, if he so
desires, within 5 CD from
receipt of notification where
no extension shall be
allowed.
3.1
When the Contractor does
Procedure of Action: not submit an answer after 5
If Contractor does not CD from receipt of
submit answer
notification from BAC , the
BAC shall recommend to
HoPE the suspension of the
Contractor and the forfeiture
of Bid Security.
3.2

Procedure of Action:
If Contractor does not Within 15 CD from receipt of
submit answer BAC Resolution and records
of BAC proceedings, HoPE
determines existence of
reasonable cause.
3.3

Procedure of Action: If it is determined that there

If Contractor does not
submit answer is NO existence of reasonable
cause,

DISMISS THE CASE.

3.4
If it is determined that there
Procedure of Action: is an existence of reasonable
If Contractor does not
submit answer cause,

Hope issues a Suspension

Order and forfeiture of Bid
Security.
4.1

Procedure of Action:
Contractor submits an If within 5CD from receipt of
answer notification from BAC, the
Contractor submits an
answer, there shall be a
request for hearing.
4.2
If request for hearing is
approved, the BAC shall then
Procedure of Action: immediately schedule the
Contractor submits an
answer date and time for the conduct
of hearing .

In that hearing, the BAC shall

determine the existence of
fault.
4.3

Procedure of Action: If request for hearing is

Contractor submits an disapproved, the BAC shall
answer
determine the existence of
fault base on the complaint,
answer and documentary
evidence and facts verified.
4.4

Procedure of Action:
Contractor submits an When the BAC determined
answer that there is the existence of
fault, Hope issues a
Suspension Order and
forfeiture of bid security.
4.5

Procedure of Action:
Contractor submits an
answer When the BAC determined
that there is NO existence of
fault, the case is dismissed.
5.1

Effect of 1. Contractor is suspended

Decision to participate in the level
of the Procuring Entity
only, upon receipt of the
notice of decision
5.2
2. The suspension shall
remain in effect during
Effect of the period of motion for
Decision reconsideration and
protest and shall
terminate only upon
reversal of the decision
by HoPE or appellate
authority.
5.3
3. If no motion for
Effect of reconsideration or
Decision protest is filed, the
decision shall become
final and executory after
the lapse of 7 calendar
days from the receipt of
the notice of decision.
MECHANISM IN THE FILING
OF PROTEST
Sec. 55, RA 9184
 1
Bidder concerned may file a
request for reconsideration
on the decision of the BAC
Decision of Bids and at any stage of the
Awards Committee (BAC) procurement process.
Request for reconsideration
is a requisite prior to filing a
protest, if any.
 The Motion or Request for
2 Reconsideration must be filed
within three (3) calendar
days upon receipt of written
notice from the BAC (e.g.,
Motion for notice of ineligibility, post-
disqualification) or upon
Reconsideration verbal notification (during
the opening of bids) by a failed
bidder of its intention to file a
motion for reconsideration.
In case a failed bidder signifies his intention to file a request for reconsideration, the BAC shall keep the
bid envelopes of the said failed bidder unopened and/or duly sealed until such time that the request for
reconsideration has been resolved (Sec. 55.1)
 3
The BAC ( Central BAC /
Regional Office BAC
Bids and Awards depending on where the
Committee procurement was undertaken)
shall issue its final decision/
resolution on the request for
reconsideration.
4.1
IF GRANTED
BAC Decision/ Questioned action/decision is
Resolution reversed or modified.

Inform bidder of the decision.

End of issue.
4.2
DENIED
BAC Decision/
Resolution Inform bidder of the decision.
 Protest, in the form of a
5 verified position paper and
accompanied by a non-
refundable protest fee, may be
filed in writing to the Head of
Procuring Entity (HoPE) [with an
ABC of P50 million and below for
infrastructure– Regional Manager,
Protest ABC above P50Million for
infrastructure – General Manager]
within seven (7) calendar days
from receipt of the BAC
decision/resolution denying the
request for reconsideration.
In no case shall any protest taken from any decision treated in this Rule shall stay or delay the bidding process. Provided, however,
that the protests must first be resolved before any award is made (Sec. 57).
The non-refundable protest fee shall be in an amount equivalent to no less than one percent (1%) of the Approved Budget for the
Contract (ABC) (Sec. 55.3).
 6 The Bidder shall file the
protest addressed to the
HoPE with non-refundable
protest fee with the BAC
BAC Secretariat Secretariat (Central BAC Sec.
or ROBAC Sec. depending on
where the procurement was
undertaken) of the procuring
entity.
7 The Bidder shall secure from the
BAC Secretariat an Order of
Payment Form which is a
Treasury requisite in the payment of the
protest fee to the NHA
Department Treasury Department (TD).
Payment of Protest Fee shall be
made to the TD. An Official
Receipt shall be issued by the
TD as proof of payment.
8

General The BAC shall endorse the

Manager protest to the appropriate
official concerned
 9.1
IF GRANTED
General Manager Questioned action/decision
Decision/ Resolution that is subject of protest is
reversed/modified

Inform bidder of the decision.

End of issue.
 9.2 DENIED
The decision/action of the
duly authorized official on
General Manager the protest filed by bidders
Decision/ Resolution for procurements with an
ABC/Contract Amount of up
to P20 million shall be
considered as final.
Inform the Bidder of the
decision.
 9.3
BAC Secretariat

General Manager The Head of the BAC-

Decision/ Resolution Secretariat shall furnish the
GPPB within seven (7)
calendar days a copy of the
decision resolving the protest.
10

COURT ACTION
End of protest.