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SIMPLIFIED PHILIPPINE

BIDDING DOCUMENTS (PBDS)


FOR GOODS AND
INFRASTRUCTURE PROJECTS

NAME OF SPEAKER
Contents of the Simplified PBDs for Goods and
I Infrastructure Projects

II Preparation of Simplified PBDs for Goods and


Infrastructure Projects
Philippine Bidding Documents and its Purpose

PE may customize the PBDs:


What are Philippine Bidding Documents?
To suit the PE’s specific
Philippine Bidding documents (PBDs) are documents issued by the needs, particularly for
Procuring Entity to provide the prospective bidders all the necessary specialized procurement,
information that they need to prepare their bids. pursuant to Section 6.2 of the
2016 revised IRR of RA No.
PBDs clearly and adequately define the following: 9184, subject to the approval
of the GPPB;
Scope of work, ABC, Minimum legal, technical Documents and other
duration, outputs of and financial requirements requirements that bidder The PE shall specify in the
the contract to be eligible to bid. must include in his bid. PBDs the requirements,
criteria, and other conditions of
the bidding procedures and of
Process and rules for: submission and receipt of the ensuing contract as
Terms and conditions of
bids, evaluation of bids, post-qualification, and award applicable to each component
contract.
of contract.
of the Procurement Project in
case of mixed procurements.

3
GPPB Resolution No. 15-2020

GPPB Resolution No. 15-2020,


dated 28 July 2020
• Approving the Adoption of the 6th
Edition of the PBDs and Related
Documents
• Combined repetitive clauses
• Refined provisions for consistency
Effectivity of the 6th Edition of PBDs :
!!! October 6, 2020

4
GPPB Resolution No. 16-2020

• Published and took effect on 26 September


2020
• Approved the Guidelines on the
Preparation of the Simplified PBDs for
Goods and Infrastructure Projects and
Submission of Required Forms
• Approved the use of the PBD Builder in the
GPPB Online Portal for the online
preparation of PBDs for Goods and
Infrastructure Projects

5
Reasons for the PBDs Simplification

Discrepancies Confusion in Varying formats Language used


in the rules the use of of the PBDs does not match
and the Bidding
bidding forms
Forms

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.
Strategy for PBDs Simplification

Delete Combined Included


clauses that repetitive deleted
have legal clauses portions in the
bases GPM
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.
Strategy for PBDs Simplification

Separated Separated Updated and


Bidding Forms section on refined
from the PBDs Foreign-Assisted provisions in
Projects PBDs
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.
6th Edition Philippine Bidding Documents

WHY ONLY GOODS AND CIVIL WORKS?

PERCENTAGE OF POSTED BID NOTICES FOR PUBLIC BIDDING


(BASED ON PHILGEPS DATA AS OF 30 JUNE 2020)

Procurement Project 2016 2017 2018 2019

Goods 39.00% 48.72% 38.43% 40.79%


Infrastructure Projects 59.83% 49.57% 59.32% 57.55%

Consulting Services 1.17% 1.71% 2.25% 1.66%

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.
Contents of the Simplified
Philippine Bidding Documents
Simplified Edition of PBDs for Goods

112
pages for the 5th edition of PBDs
for the Procurement of Goods
40
pages for the 6th edition of PBDs
for the Procurement of Goods
Simplified Edition of PBDs for Infrastructure Projects

114
pages for the 5th edition of PBDs for
the Procurement of Infrastructure
Projects
36
pages for the 6th edition of PBDs
for the Procurement of
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.
New Features of the 6th Edition PBDs

NUMBER OF SECTIONS, CLAUSES & PAGES

Number of Number of Number of


Procurement Project
Sections Clauses Pages

PBD Edition 5th 6th 5th 6th 5th 6th

Goods 9 8 65 27 112 42

Infrastructure Projects 10 9 85 37 113 36

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.
New Features of the 6th Edition PBDs

NEW SECTIONS IN THE PBDS

1 Glossary of Acronyms, Terms, and Abbreviations

2 Checklist of Technical and Financial 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.
Contents of the 6th Edition PBDs

GPPB Resolution No. 16-2020

ABC Invitation to Bid Scope of Bid


Once issued by the
GPPB, the use of PBDs
Documents
Criteria for Bid Evaluation shall be mandatory
comprising the
eligibility Criteria
bid
upon all PEs.
Time /Place for
Technical
Procurement Delivery Date
Specifications
Activities

15
Contents of the 6th Edition PBDs

GOODS 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.
Salient Changes in the PBDs Contents

INVITATION TO BID (IB)

bid submission through (i) manual method by going to the physical office,
1
(ii) electronic or online method via the internet, or (iii) both methods.

2 use of webcasting and video conferencing for BAC proceedings.

use of a back-up data or cloud storage for large files uploaded for online
3
bid submissions.
internet links are provided for downloading of the bidding documents and
4
online 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.
Salient Changes in the PBDs Contents

INSTRUCTION TO BIDDERS (ITB)

Funding information is now distinguished with respect to Early


1
Procurement Activities. [ITB Clause 2]
There is one General Statement stating that the 2016 revised IRR of RA No.
2 9184 and its associated issuances shall be the primary source for the Bidding
Requirements. [ITB Clause 3]
The PBDs for Goods now clarifies on firms having foreign ownership that would
3
like to participate in the public bidding of goods. [ITB Clause 5.2]
It included submission of eligibility documents to the implementing or end-user
4
unit if subcontracting is allowed during contract implementation. [ITB Clause 7]
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.
Salient Changes in the PBDs Contents

INSTRUCTION TO BIDDERS (ITB)

Note that only the translated documents shall be authenticated through an


4
Apostille pursuant to GPPB Resolution No. 13-2019. [ITB Clause 10.3]

Paraphrased the bid and payment currencies PBDs to include a qualification that
5 the foreign denominations shall be accepted or tradeable by the Bangko
Sentral ng Pilipinas. [ITB Clause 13 Goods / ITB Clause 14 Infra]

The PBDs for Goods now clarifies on firms having foreign ownership that would
6
like to participate in the public bidding of goods. [ITB Clause 5.2]

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.
Salient Changes in the PBDs Contents

INSTRUCTION TO BIDDERS (ITB)

Bidders are only required to submit only one (1) copy of the technical
7
and financial bid components

8
If PE allows online or electronic bid submission, the Bid shall be digitally
signed.

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.
Salient Changes in the PBDs Contents

GENERAL CONDITIONS OF CONTRACT (GCC)

There is one General Statement under the Scope of Contract which also
1 provides that the 2016 IRR of RA No. 9184 is the primary legal source for
the terms and conditions of contract. [GCC Clause 1]

Advance Payment and Terms of Payment have also been clarified in the
2
PBDs for Goods. [GCC Clause 2]

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.
Salient Changes in the PBDs Contents

PBDs FOR GOODS UNDER A FRAMEWORK AGREEMENT

GPPB Resolution No. 27-2019 on the Guidelines on Framework


1 Agreement only showed Framework Agreement List, Technical
Specifications, and the Framework Agreement itself. With these new
PBDs, Procuring Entities can just simply select the clauses applicable to
the Framework Agreement.

2 Framework Agreement Clauses in the new PBDs have instructions or


excerpts from The Guidelines on the Use of Framework 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.
Preparation of the Simplified
Philippine Bidding Documents
Preparation of the PBDs

GPPB RESOLUTION NO. 16-2020

❑ Published and took effect on 26 September 2020


❑ Approved the Guidelines on the:

1. Preparation of the Simplified PBDs for Goods and


Infrastructure Projects; and
2. Submission of Required Forms for all Procurement
Projects.

GPPB CIRCULAR NO. 4-2020

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.
Preparation of the PBDs

RA 9184 and its 2016 revised IRR, including PE may customize the PBDs:
the GPMs and associated issuances shall
apply in the use and implementation of the To suit the PE’s specific needs, particularly for
PBDs. specialized procurement, subject to the approval of
the GPPB; [Sec. 6.2 IRR]

PEs are mandated to use the latest The PE shall specify in the PBDs the requirements,
approved PBDs and the standard forms to criteria, and other conditions of the bidding
be submitted by the Bidders under Sections procedures and of the ensuing contract as applicable
17.1 and 23 of the 2016 revised IRR. to each component of the Procurement Project in
case of mixed procurements. [Sec. 17.2 IRR]

PEs shall not : (i) amend the required documents/info in Sec. 17 and 23 of the 2016 IRR of RA No. 9184
on the form and contents of the PBDs and the eligibility requirements, or (ii) require the bidders to
submit additional eligibility documents other than what are required under the said rules.

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.
Preparation of the PBDs

FOREIGN ASSISTED PROJECTS


(ITEM 7.0 OF THE CIRCULAR) PEs shall utilize PBDs in these instances:

The Development Partner has not indicated


Unless a Treaty or International or in the loan agreement that its specific rules
and the PBDs shall be used for its project
Executive Agreement expressly states
[Sec. 4.3 IRR]; or
the use of another set of bidding
documents, the PEs shall likewise utilize Both parties have acceded through the grant
the PBDs and the Required Forms for agreement that RA No. 9184 and its 2016
their foreign-assisted projects. [Section revised IRR, including the PBDs would be
4.3 IRR] used for the project. [Sec. 4.4(a) IRR]

A careful study on the FAP-specific requirements of the Development Partners must be


undertaken by the PEs to align with their procurement guidelines, as necessary.

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.
SIXTH EDITION OF THE
Preparation of the PBDs PHILIPPINE BIDDING
DOCUMENTS
THE PBDs MAY BE PREPARED BY THE PE IN TWO WAYS:

The existing manual method


The new electronic method

2
by downloading a copy of the

1
through the PBD Builder in
latest approved PBDs from
the GPPB Online Portal, once
the GPPB website, then
operational, through this link:
updating the contents based
https://gppbgovph.com/PBDL
on its current Procurement
istings.php
Project

The Project Identification Number shall be based on the PE’s internal rules.
The said identification number shall be maintained or used until the successful award or
cancellation of the Procurement Project.
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.
SIXTH EDITION OF THE
Preparation of the PBDs PHILIPPINE BIDDING
DOCUMENTS
THE PEs SHALL INDICATE IN THE PBDs THE FOLLOWING:

1 ABC 4 Scope of Work or Terms of


Reference
2 Information in the Invitation to Bid
5 Technical Specifications
3 Information required in the Bid
Data Sheet that supplement, Delivery Date or Completion
6
amend, or identify the requirements Schedule
included in the Instruction to
Bidders, which are specific to the
Procurement Project

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.
SIXTH EDITION OF THE PHILIPPINE
Submission of Required Forms BIDDING
DOCUMENTS

Required Forms

Mandatory Provisions of Required Forms

Templates of Required Forms

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.
SIXTH EDITION OF THE PHILIPPINE
Submission of Required Forms BIDDING
DOCUMENTS
REQUIRED FORMS TO BE SUBMITTED BY THE BIDDER

1 Standard bidding forms vs. “Required Forms”

2 The “Required Forms” are expressly provided in Item 5.1 of the Circular.

3 The Required Forms to be notarized are in Item 5.4 of the Circular.

4 violation of the Bid Securing Declaration of Performance Securing Declaration’s


terms shall be penalized with automatic disqualification from 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.
SIXTH EDITION OF THE PHILIPPINE
Submission of Required Forms BIDDING
DOCUMENTS
REQUIRED FORMS TO BE SUBMITTED BY THE BIDDER

5
Non-submission of original copies of the Bid Security or Bid Securing
Declaration shall be a ground for post-disqualification, pursuant to
Section 30.1 of the 2016 revised IRR of RA No. 9184.

For the Bid Form, Price Schedules, BSD, OSS, JVA or Notarized Statements
as to forming JV for Goods, PSD, if used, and Contract Agreement Form, the
6
Bidder or its authorized representative shall be required to provide its name,
legal capacity, and signature thereon.

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.
SIXTH EDITION OF THE PHILIPPINE
Submission of Required Forms BIDDING
DOCUMENTS
MANDATORY PROVISIONS OF REQUIRED FORMS

1 Mandatory provisions of Required Forms are those provisions that are


prescribed in the rules.
2
These mandatory provisions are expressly stated in Item 6.1 of the Circular.

3 The PEs shall check compliance of the submitted forms with the mandatory
provisions.

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.
SIXTH EDITION OF THE PHILIPPINE
Submission of Required Forms BIDDING
DOCUMENTS
TEMPLATES OF REQUIRED FORMS

Templates are provided for easy reference, which may also be downloaded through
1
this link: https://www.gppb.gov.ph/downloadables.php. (Item 5.2 of the Circular)

Bidders are highly encouraged to use the templates provided to minimize errors or
omissions in the forms submitted; however, their non-use is not a ground for
2
disqualification, provided that the form submitted includes all the mandatory
provisions required. (Item 5.3 of the Circular)

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.
Required Forms to be submitted by Bidders
For all Procurement Projects

Additional for Goods


Form of Contract
Price
Bid Form
Contract Price Schedule
Statement of
Bid Security (as identified in ongoing SLCC
Sec 17(j) of 2016 Revised IRR) contracts

Omnibus Sworn
Statement

34
SIXTH EDITION OF THE PHILIPPINE BIDDING
Required Forms to be submitted by Bidders
DOCUMENTS

❑ Bid Form Should bear Bidder or


❑ Price Schedules authorized
❑ Bid Securing Declaration representative’s:
❑ Omnibus Sworn Statement
✔ Name
❑ JVA
✔ Legal Capacity
❑ Performance Securing Declaration
✔ Signature
❑ Contract Agreement Form
SIXTH EDITION OF THE PHILIPPINE BIDDING
Required Forms to be submitted by Bidders
DOCUMENTS
PROVISION OF THE FOLLOWING TEMPLATES
Downloadable from https://www.gppb.gov.ph/downloadables.php

❑ Bid Form for the Procurement of Goods


NOTE: Failure to use
❑ Bid Form for the Procurement of Infrastructure Projects
said templates is
❑ Price Schedule for Goods Offered from Abroad
not a ground for
❑ Price Schedule for Goods Offered from Within the Philippines
disqualification
❑ Bid Securing Declaration*
❑ Contract Agreement Form for the Procurement of Goods
❑ Contract Agreement Form for the Procurement of Infrastructure *Should be notarized,
Projects* including the JVA or
❑ Omnibus Sworn Statement* duly notarized
❑ Performance Securing Declaration* statements from all
potential JV Partners
Revised Templates of Required Forms
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 for
automatically disqualified from 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

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.
Revised Templates of Required Forms
REVISED OMNIBUS SWORN STATEMENT
(GPPB Resolution No. 16-2020)
New Form containing the following:

❖ Non-inclusion in blacklist (*revised*) ❖ Non-payment (directly or indirectly) any


❖ Authenticity of documents commission, amount, fee, or any form of
❖ Verification authority consideration in relation to any
❖ Signatory’s authority procurement project or activity
❖ Disclosure of relations ❖ In case advance payment was made or
❖ Responsibilities of bidders given, failure to perform or deliver any of
❖ Labor laws and standards the obligations and undertakings in the
contract shall be sufficient grounds to
constitute criminal liability (*new*)

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.
Revised Templates of Required Forms

REVISED
OMNIBUS
SWORN
STATEMENT
FORM
(GPPB Resolution
No. 16-2020)

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.
Revised Templates of Required Forms

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

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.
Bid Forms

Bid Prices in figures and


words
Bid price include cost of all
taxes itemized in the bid
form and reflected in price
schedule
Price Schedule
1. The price of the Goods quoted EXW in
Philippine Peso.

2. The cost of all sales and other taxes


already paid or payable

3. The cost of transportation,


insurance, and other costs incidental
to delivery of the Goods to their final
Destination

4. The price of other (incidental)


services, if any.
Use of Foreign Currency for Bid Prices

For goods that will be supplied from


outside the Philippines

Bid prices may be quoted in local currency or


tradeable currency accepted by BSP

Bids denominated in foreign currency shall


be converted to PHP on bid opening for bid
evaluation purposes

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
43 and distribution
without the author’s approval is prohibited.
Bid Security
All Bids must be submitted with a Bid Securing Declaration or any form
of Bid Security

BID SECURITY
BID SECURING DECLARATION
An act wherein the bidder ❑ Cash or Cashier’s / manager’s
Check issued by a Universal or
contracts with the procuring
entity to pay the performance
security within 10 days from
or Commercial bank
❑ Bank Draft/guarantee or
irrevocable letter of credit
receipt of the "notice of award" ❑ Surety bond callable upon
as indicated in the bid demand issued by a surety or
documents. insurance company

BIDS (-) BID SECURITY/ BDS = NON RESPONSIVE


44
Contract Agreement Form

NEW PROVISION

Winning bidder agrees that additional contract


documents or information prescribed by the
GPPB that are subsequently required for
execution or submission after the contract
execution, such as the Notice to Proceed,
Variation Orders, and Warranty Security, shall
likewise form part of the Contract.

45
Omnibus Sworn Statement

NEW PROVISIONS

ii. Bidder is not “blacklisted” …, by itself or by


relation, membership, association, affiliation,
or controlling interest with another blacklisted
person or entity as defined and provided for in
the Uniform Guidelines on Blacklisting.

ix. In case of advance payment – failure to deliver


is grounds for Estafa or commission of fraud

46
Performance Securing Declaration
To be submitted within 10 CD

REVISED PROVISION

ii. Automatic Disqualification from bidding any


procurement contract for violations under the
contract

First offense – 1 year blacklisting


Second offense – 2 years blacklisting

47
Other Required Forms
Form Content
Statement of the Bidder Kinds of Goods and dates of delivery
of all its ongoing
government and private
contracts
SLCC Name of the completed contract with contract
date, period and amount
Committed Line of 1. ABC to be bid; 2. Amount, which should be at least
Credit (CLC) equal to ten percent (10%) of the ABC; and 3. Name of
issuing foreign Universal or Commercial Bank, as
confirmed or authenticated by a local Universal or
Commercial Bank.
48
Other Required Forms
Form Content
Notarized Statements as Parties to enter into and abide by the provisions of the
to forming JV for Goods JVA in the event that the bid is successful; and failure
to enter into JVA in the event of a contract award shall
be a ground for bid disqualification and subsequent
forfeiture of the bid security
Certification as to Certification from the relevant government office of
reciprocity to foreign their country stating that Filipinos are allowed to
bidders for Goods participate in their government procurement activities
for the same item/product

49
Grounds for Disqualification

• Non-submission of required forms = disqualification, subject to the


requirements for scanned copies in online or electronic bid
6.4
submissions
• Non-inclusion of mandatory provisions = disqualification

For forms required to be notarized, absence or a finding against the


6.5 truthfulness of the notarization = disqualification, unless allowed to be
submitted at a later date (e.g. NP-EC or during state of calamity)

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
50 and distribution
without the author’s approval is prohibited.
Online PBD Builder

Enable electronic method of preparing the


PBDs to minimize errors; and

Facilitate the effective conduct of public


procurement (preparation of bidding
documents, and submission and receipts of
bids) of goods and infrastructure projects until
the completion of the modernized PhilGEPS.

https://gppbgovph.com/pbdsetup.php

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
51 and distribution
without the author’s approval is prohibited.
Contact us:
Unit 2504 Raffles Corporate Center, F. Ortigas Road, Ortigas
THANK YOU! Center, Pasig City, Philippines 1605

TeleFax: (632)7900-6741 to 44
Email address: training@gppb.gov.ph

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