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STANDARD BIDDING PROCEDURES AND

BIDDING DOCUMENTS FOR CONSULTING


SERVICES

(INTERMEDIATE LEVEL)

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
I

II Procurement Procedure and Requirements for Consulting Services

III Alternative Modes for Consulting Services


III

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

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GENERAL MODE OF PROCUREMENT

• Use of Competitive
Bidding

• Except for instances


provided in Article XVI
Section 10, Article IV, RA No. 9184

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without the author’s approval is prohibited.
PROCUREMENT STANDARD
NO APP
NO PROCUREMENT

The METHOD OF PROCUREMENT in the


approved APP shall be used.
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

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.
Definition of Consulting Services

Services for infrastructure projects and other types of projects or


activities requiring adequate external technical and professional
expertise that are beyond the capability and/or capacity of the GoP
to undertake.
1 advisory and review services;
2 pre-investment or feasibility studies;
3 design;
4 construction supervision;
5 management and related services; and
6 other technical services or special studies.

Does not cover Janitorial, Security, Photocopying, Messengerial, and Other


General Services

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.
Who is a Consultant?

A natural or juridical person,


qualified by appropriate
education, training and
relevant experience to
render any or all of the types
and fields of consulting
services.

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.
IMPORTANT CONSIDERATIONS
Important Considerations in Hiring Consultants

Filipino First Policy (Article XII of the Constitution)

Consultant’s professional independence


Prohibition on conflict of interest

Hiring is based on proven expertise, experience and


capability

Technology and knowledge transfer to the procuring


entity shall be required in the provision of consulting
services, where applicable.

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.
Important Considerations in Hiring Consultants

Filipino Foreign
Consultants Consultants

Hired whenever the services required Hired in the event Filipino consultants
for the project are within their expertise do not have sufficient expertise and
and capability in order to manifest trust capability to render the services required
and confidence in and promote the under the project, as determined by the
development of Filipino consultancy HOPE

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.
Eligible Consultants

INDIVIDUAL SOLE
PROPRIETORSHIP
Filipino citizen
Owned by Filipino citizen,
registered with the BDT

PARTNERSHIP CORPORATION
60% Owned by Filipino Citizens, 60% Owned by Filipino Citizens,
registered with the SEC registered with the SEC

COOPERATIVES JOINT VENTURE


60% Owned by Filipino Citizens, 60% Filipino-owned
registered with the CDA

Section 24.3.1 of the 2016 Revised IRR of RA 9184)

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Conflict of Interest

Consultancy assignment is in conflict with prior or current


obligations to other clients and Consultant is unable to carry
out the assignment in the best interest of the procuring entity.

Examples of Conflict

Conflict between consulting activities and


procurement of goods or works

Conflict among consulting assignments

Relationship with the procuring entity’s staff

(See Section 47.2(f-j) of the 2016 Revised IRR of RA 9184)

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Conflict of Interest

Sec. 47.2(f-j), 2016 IRR of RA 9184

f) A bidder participated as a consultant in the preparation of the design or


technical specifications of the Goods and related services that are the
subject of the bid;
g) A bidder lends, or temporarily seconds, its personnel to firms or
organizations which are engaged in consulting services for the preparation
related to procurement for or implementation of the project, if the personnel
would be involved in any capacity on the same project;
h) A consultant combines the function of consulting with those of
contracting and/or supply of equipment;

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Conflict of Interest

Sec. 47.2(f-j), 2016 IRR of RA 9184

i) A consultant is associated with, affiliated to, or owned by a contractor or a


manufacturing firm with departments or design offices offering services as
consultants.
j) If there is a conflict among consulting projects, the consultant (including its
personnel and subcontractors) and any subsidiaries or entities controlled by such
consultant shall not be recruited for the relevant project. The duties of the
consultant depend on the circumstances of each case. While continuity of
consulting services may be appropriate in particular situations where no conflict
exists, a consultant cannot be recruited to carry out a project that, by its nature,
shall result in conflict with a prior or current project of such consultant.

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.
Conflict of Interest

GPM Volume 4

 A consultant has controlling shareholders in common with another consultant;


 A consultant receives or has received any direct or indirect subsidy from any
other consultant;
 A consultant has the same legal representative as that of another consultant for
purposes of the same bid;
 A consultant has a relationship, directly or through third parties, that puts them
in a position to have access to information about or influence on the bid of another
consultant or influence the decisions of the Procuring Entity regarding this bidding
process;
 A consultant submits more than one bid in this bidding process

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Invitation to Observers

Must be invited in writing at least five (5) calendar


days (CD) before the date of the following
procurement stage/activity:
At least three (3)
Observers Preliminary
Eligibility Checking
COA Examination of Bids
Duly recognized
Shortlisting Bid Evaluation
private sector
group
Pre-Bid Conference Post-Qualification
NGO

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Online Access to Observers

1 Online monitoring for


observers using the mPhilGEPS

2
PEs to provide online access to
observers for monitoring all stages of
procurement using the mPhilGEPS

3
PEs to inform the GPPB-TSO via
email (observers@gppb.gov.ph) if
online access cannot be provided

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.
PROCUREMENT
PROCEDURE

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.
STANDARD COMPETITIVE BIDDING PROCEDURE
FOR CONSULTING SERVICES

Pre-Procurement Eligibility Check Pre-Bid


Advertisement
Conference and Shortlisting Conference
7 cd >20 30 cd
Before bid submission if with
cd international participation

12/ 30
Bid Opening cd
>75
cd
Award
Post- of Contract
Bid Evaluation Negotiation < 12
> 10 Qualification
> 21 to 30
cd cd cd

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
Recommended Possible Period to
Complete the Procurement Activity

EARLIEST PERIOD

36 cd
MAXIMUM PERIOD

180 cd .

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21 and distribution
without the author’s approval is prohibited.
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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22 and distribution
without the author’s approval is prohibited.
Transparency Requirements for
Procuring Entities
PhilGEPS Conspicuous PE’s website, if
Document or Information Others
website Place any

✓ ✓ ✓
Request for Expression Conspicuous
of Interest (REI) Place

✓ ✓ ✓
Downloadable complete Conspicuous
Bidding Documents Place

Supplemental Bid Send to all those


Bulletin, if applicable ✓ ✓ ✓ who have secured
the Bid Docs

Notice of Postponement ✓ ✓ ✓
Conspicuous
Place

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
23 and distribution
without the author’s approval is prohibited.
Transparency Requirements for
Procuring Entities
PhilGEPS Conspicuous PE’s website, if
Document or Information Others
website Place any

Results of the evaluation, Furnish all


as approved by the Head of ✓ ✓ participating
shortlisted
the Procuring Entity consultants

Notice of Award ✓ ✓ ✓
Conspicuous
Place

Notice to Proceed ✓ ✓
Conspicuous
Place

Approved Contract
✓ ✓

24
Use of Videoconferencing, Webcasting &
Similar Technology
GPPB Resolution 24-2018

Procurement Activities that may be conducted electronically

All other procurement


Pre-Procurement Conference Bid Opening
activities/ meetings

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
25 and distribution
without the author’s approval is prohibited.
Use of Videoconferencing, Webcasting &
Similar Technology

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

Decisions made of at least a majority of the BAC members present,


using such technology shall be considered valid and binding
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
26 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 Notice of Eligibility Post- Qualification Report

RFQ/ RFP Notice of Shortlisting Notice of Post-Disqualification

PBDs Abstract of Quotations Notice of Award


Approval of Higher
Invitation to Bid/ REI Abstract of Bids Authority
Supplemental/ Bid Notice to Proceed
Bid Evaluation Report
Bulletin
Notice of Postponement Notice to the LCB BAC Resolutions

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

Determination of Readiness of Procurement

• Should be in accord with the PPMP, APP, and ABC


• Completeness of Bidding Documents
• Criteria for Eligibility Screening and short listing,
including weights and minimum score required
• Evaluation of proposals, including the evaluation
procedure (QBE or QCBE), corresponding weights
and minimum technical score required
• Actual number of consultants in the short list

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

Request for Expression of Interest (REI) shall contain the following:

1. Funding Source 7. Number of Shortlisted


2. ABC Consultants
3. Name of Contract 8. Shortlisting Criteria and Rating
4. Brief Description of the Project System
5. Date, Time and Address for 9. Eligible Consultants
Submission of Eligibility 10. Evaluation Method
Documents 11. Contract Duration
6. Where to obtain bidding 12. Reservation Clause
documents 13. Contact Details

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 and Posting

Distribution and Sale of Bidding Documents:

The BAC shall issue the Bidding Documents upon payment of the corresponding cost thereof to the
collecting/disbursing officer of the PE concerned, if applicable.

If documents have been downloaded, BAC shall only accept the submitted bid envelopes, upon
payment of the corresponding bid fee, if applicable.
BAC must issue copies of the bidding documents to the Observers free of charge.

Bidding Documents Fee may be refunded in accordance with the Guidelines on the Sale of Bidding
Documents based on the grounds provided for under Section 41 of the Act and this IRR.

(Section 17.5 of the 2016 Revised IRR of RA 9184)

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Advertisement/Posting
PURPOSE: START THE BIDDING PROCESS AND INVITE INTERESTED BIDDERS TO
PARTICIPATE IN THE PROCUREMENT ACTIVITY

TIMELINE

7
calendar days
www.xxxx.gov.ph

continuously

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 Clause

GPPB Resolution No. 22-


2018 (Sunset Clause)
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.

32
32 and distribution
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without the author’s approval is prohibited.
Posting in Official Website and
Social Media Platforms

All agencies and instrumentalities under


the Executive Department shall post the
Request for Expression of Interest on
their official websites and social media
platforms in an organized manner and
shall ensure its security and integrity

GPPB Circular No. 01-2021

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
33 and distribution
without the author’s approval is prohibited.
Bidding Documents Fee
APPROVED BUDGET FOR THE MAX. COST OF BIDDING
CONTRACT 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


May be refunded
based on the More than 10 Million up to 50 Million 25,000.00
grounds provided
for under Section More than 50 Million to 500 Million 50,000.00
41 (Reservation
Clause) More than 500 Million 75,000.00

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 Check and Shortlisting

Submission of REIs and Eligibility Requirements

REI • A prospective bidder should submit its


Expression of Interest (Eligibility
Eligibility Documents Submission Form) together
Requirements
with the required eligibility documents on or
before the date and time for the submission
of such requirements.

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 Check and Shortlisting

Determination of Eligibility of
Prospective Consultant

• The BAC shall use non-discretionary


“pass/fail” criteria

• All bidders shall upload and maintain in


PhilGEPS a current and updated file of
the Class “A” eligibility documents

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.
Class “A” Documents

Recently expired Mayor’s or


Technical
Legal Business Permit and the Official
Receipt as proof of application
• Statement of completed and ongoing
• PhilGEPS Certificate of Registration
and payment for the renewal ofgovernment and private projects
the permit
Registration Certificate from SEC, will suffice
DTI (for
• • Consultant’s statement of its nationality and key
Statement of the prospective bidder
sole proprietorship, or CDA (for cooperatives) personnel are registered
of all its professionals (includes
ongoing government and
• Mayor’s/Business Permit or equivalent Curriculum Vitae)private contracts, including contracts
document for EEZs awarded but not yet started, if any,

• Tax Clearance
Financial whether similar or not similar in
∙ Audited financial nature and complexity
statement stampedto the contract
Submission of BIR receipt for to be bid
renewal of Tax Clearance will not “received” by the BIR or its duly
suffice in lieu of a valid Tax accredited institution for the preceding
Clearance calendar year which should not be earlier
than two (2) years from the date of bid
submission.
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.
Class “B” Document

WITH AN EXISTING submission of a valid joint venture


JOINT VENTURE: agreement

submission by each of the potential JV


members of a duly notarized
WITHOUT AN
EXISTING JOINT statement stating that they will enter into
VENTURE: and abide by the provisions of the joint
venture in case their bid is successful.
Failure to enter into a joint venture =
ground for the forfeiture of the bid
security. (Sec. 23.1(b), 2016 IRR of RA
9184)
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without the author’s approval is prohibited.
Effectivity of the PhilGEPS Platinum Submission

TIMELINE
• GPPB Resolution No. 15-2021

01
January 2022
• Lifting of suspension on the mandatory
use of amended PhilGEPS platinum
certificate

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.
Joint Ventures
❑ All co-venturers shall submit their
legal documents, while any of the
co-venturers shall submit technical
and financial documents.

❑ Each partner of the joint venture


shall submit the PhilGEPS
Certificate of Registration in
accordance with Sec. 8.5.2 of the
2016 IRR of RA No. 9184.

40
40 and distribution
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ELIGIBILITY REQUIREMENTS FOR FOREIGN BIDDERS
Equivalent Class “A” Documents
Language of Documents Authentication of Documents
Eligibility requirements
English language submitted by foreign
issued by the relevant bidders shall be
foreign government authenticated
agency, the foreign
government agency Apostille, except for
authorized to translate certain countries
documents, or registered identified that require
translator in the foreign legalization
bidder’s country
- GPPB Resolution No.
13-2019

Image from dfa.gov.ph

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without the author’s approval is prohibited.
NOTICE OF POSTPONEMENT

In case the submitted eligibility envelopes


cannot be opened as scheduled due to
justifiable reasons, the BAC shall take
custody of the said envelopes and
reschedule the opening on the next working OF
day or at the soonest possible time through

4.57
the issuance of a Notice of Postponement
to be posted in the PhilGEPS website and the
website of the Procuring Entity concerned.
POSTPONEMENT

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without the author’s approval is prohibited.
ELIGIBILITY CHECK AND SHORTLISTING

• Shortlisting is the process of Short listed consultants shall


be invited to participate in
determining the most qualified the bidding for this project
consultants from those that submitted through a Notice of
eligibility requirements Eligibility and Short
Listing issued by the BAC.

• Short list shall consist of 3 to 7


consultants, with 5 as the preferable NOTICE OF
ELIGIBILITY
number. AND SHORT
LISTING

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 CHECK AND SHORT LISTING

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 Check and Short listing

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 CHECK AND SHORT LISTING

• BAC ranks the prospective consultants that meet


the passing score from highest to lowest to
determine the shortlisted consultants

• BAC recommends the shortlist to the HoPE for


consideration and approval

• Only shortlisted consultants can submit


proposals

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 the evaluation procedure and criteria,


and requests for clarification from shortlisted
consultants.
• Conducted at least 12 cd before the deadline for
Submission and Opening of bids but not earlier
than 7 cd from the determination of the
shortlisted consultants.
• Required for contracts with ABC of at least 1M,
discretionary for contracts with BAC below 1M

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 the Pre-Bid Conference

GPPB Resolution 02-2018 Initiating discussions on the requirements of the project

Discussing the common reasons of bidders’


disqualification and ways to prevent

Issuance of Supplemental/Bid Bulletin at its own


initiative or in response to requests for clarifications

Provision of alternative documents to the


Eligibility Requirements

Relaxing the eligibility requirements for


Pro-Active Role of BAC during Pre-Bid foreign consultants
Conference
Separate eligibility requirements for individual
consultants

Less stringent rules in sealing and marking of bids


48 and distribution
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without the author’s approval is prohibited.
Supplemental/Bid Bulletins

Issued to answer requests for clarification (query


submitted 10 cd before deadline) or interpretation,
and upon BAC’s initiative to clarify or modify any
provision of Bidding Docs (at least 7 cd before
deadline for bids).

Posted in PhilGEPS and PE’s website, and at any


conspicuous place within the premises of the
Procuring Entity. (Sec. 22.5.3, 2016 IRR of RA 9184)

Supplemental/Bid Bulletin

49
49 and distribution
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without the author’s approval is prohibited.
Bid Opening

Bids submitted should be on the date, time, and place


Submission of specified in the advertisement through a Two-Envelope
Technical and System:
Financial Proposals 1st Envelope - Technical
Proposals must be Component
properly marked
and sealed as 2nd Envelope –
required in the Financial Component
bidding documents

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without the author’s approval is prohibited.
Contents of Technical and Financial Proposals

FIRST ENVELOPE: SECOND ENVELOPE:


TECHNICAL PROPOSAL FINANCIAL PROPOSAL

• Technical Proposal Submission Form (TPF1) • Financial Proposal Submission Form (FPF 1)
• Bid security in its required form, amount and validity period • Summary of Costs;
• Description of organization and outline of recent • Breakdown of Price per Activity
experience
• Breakdown of Remuneration per Activity
• List of on-going and completed government and private
contracts (TPF2) • Reimbursables per Activity
• Comments and suggestions on the Terms of Reference • Other items as may be required in the bidding
(TPF3) documents.
• Approach, work plan and schedule (TPF4)
• Organizational chart of the key and support staff indicating
their tasks (TPF5)
• List of key personnel with CVs (TPF6)
• Time Schedule (TPF7)
• Work Plan (TPF8)
• Omnibus Sworn Statement

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without the author’s approval is prohibited.
Alternative Bids

Consultants participating in more


than one bid or associating with any
BID 1
other entity other than those already
provided in its eligibility documents
and allowed by the Procuring Entity

4.57
BID 2
highest is 5.00
shall be disqualified.
BID 3

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without the author’s approval is prohibited.
Bid Security
PURPOSE: FORMS:

To guarantee that the


successful bidder
2%
of the
shall, within ten (10) ABC

CDs from receipt of the


notice of award, enter
CASH OR CASHIER’S/ BID SECURING DECLARATION
into contract with the MANAGER’S CHECK
PE and furnish the BANK GUARANTEE / DRAFT OR
performance security IRREVOCABLE LETTER OF CREDIT,
ISSUED BY A UNIVERSAL OR
required. COMMERCIAL BANK

5% SURETY BOND CALLABLE


of the UPON DEMAND
ABC

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without the author’s approval is prohibited.
Bid Securing Declaration
BID SECURING DECLARATION
(GPPB Resolution No. 16-2020)

REVISED PROVISION REVISED PENALTIES

A document/undertaking signed ❑ Penalty of


by the bidder committing to pay disqualification for two
the corresponding fine and be (2) years from bidding
automatically disqualified from for any procurement
bidding of any procurement contract with any PE,
contract of ant PE for a period of upon receipt of the BO;
time, upon receipt of the and
Blacklisting Order (BO), in the ❑ Payment of fine to be
event it violated any of the calculated in accordance
conditions stated therein to the rules set

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without the author’s approval is prohibited.
Bid Validity

BID VALIDITY
Bids shall remain valid for the
period specified in the Bid Data Sheet
which shall not exceed one hundred

120 cd twenty (120) calendar days from the


date of the opening of bids.
highest is 5.00
from the date of the opening of bids
4.57
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without the author’s approval is prohibited.
Revised Omnibus Sworn Statement (OSS)

GPPB Resolution 16-2020

Non-inclusion in blacklist Labor Laws and Standards

Authenticity of Documents Non-payment (directly or indirectly) any


commission, amount, fee, or any form of
Verification Authority consideration in relation to any
procurement project or activity
Signatory’s Authority
In case advance payment was made or
Disclosure of Relations given, failure to perform or deliver any of
the obligations and undertakings in the
contract shall be sufficient grounds to
Responsibilities of Bidders constitute criminal liability (*new*)

56
56 and distribution
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without the author’s approval is prohibited.
Alternative Documentary Requirements
GPPB Resolution 09-2020

PEs shall accept identified alternate documentary requirements for


procurement activities during a State of Calamity, or implementation of
community quarantine or similar restrictions declared

Unnotarized Bid Securing


Declaration
Expired Business or Mayor's subject to submission of Business or
permit with Official Receipt of Mayor's permit after award of contract but
renewal application before payment;

subject to compliance therewith after


Omnibus Sworn Statement award of contract but before payment

57
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without the author’s approval is prohibited.

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