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STANDARD BIDDING

PROCEDURES FOR GOODS AND


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.
MODULE OBJECTIVES
By the end of this module, participants should be able to:

Understand key concepts in the bidding procedures for


the procurement of Goods and Services and
Infrastructure Projects.
Undertake procurement activities involving infrastructure
projects, in compliance with Republic Act No. 9184 and
its 2016 revised Implementing Rules and Regulations.
GENERAL PRINCIPLES AND CONSIDERATIONS

PROCUREMENT PROCEDURE AND REQUIREMENTS FOR:

Goods and Services Infrastructure Projects


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

GENERAL RULE:

COMPETITIVE BIDDING
Section 10, Article IV, RA No. 9184

exemption to the rule:


ALTERNATIVE METHODS OF
PROCUREMENT
under Rule XVI of IRR of RA 9184
COMPETITIVE BIDDING
PROCUREMENT STANDARD

NO APP
NO PROCUREMENT

The METHOD OF PROCUREMENT in


the approved APP shall be used.
?
?
GOODS & ?
SERVICES
SUPPLIES &
SUBSCRIPTIONS MATERIALS
& LICENSES

REPAIRS SECURITY &


JANITORIAL
SERVICES

LEASE OF FURNITURES &


OFFICE SPACE OFFICE FIXTURES
EQUIPMENT
INFRASTRUCTURE
PROJECTS
BIDDING PROCEDURE
SINGLE STAGE
SINGLE STAGE 2 - PW PROTECTED
2 - ENVELOPE SYSTEM BIDDING DOCUMENTS
EARLIEST PERIOD

BID TECHNICAL
PW: XXXX
TECHNICAL
FINANCIAL

FINANCIAL
PW: XXXX
WHO ARE ELIGIBLE BIDDERS?

Duly licensed Corporations with at least Cooperatives duly


Filipino citizens/ sole 60% Filipino interest organized under the laws
proprietorships or ownership of the Philippines
Foreign bidders
(Treaty or
International or
Executive Agreement)
Partnerships with at Joint Ventures (JVs) with at
least 60% Filipino least 60% Filipino interest
interest or ownership or ownership
FOREIGN EQUITY REQUIREMENT IN
GOVERNMENT PROCUREMENT
AMENDMENT ON FOREIGN EQUITY
REQUIREMENT

EO 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%.
INVITATION TO OBSERVERS
AT LEAST 3 OBSERVERS:
They MUST be invited in writing at least
FIVE (5) CALENDAR DAYS (CD) before the date
of the following procurement activity:

PRE-BID CONFERENCE PRELIMINARY BID


EXAMINATION

COA
DULY RECOGNIZED POST-QUALIFICATION BID EVALUATION
PRIVATE SECTOR
GROUP

NGO
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

GPPB Circular No. 01-2021


APPROVAL OF HIGHER AUTHORITY

APPROVING
HIGHER 20 cd
AUTHORITY Maximum days from receipt to APPROVE or
DISAPPROVE the CONTRACT

GOCC’s
CONCERNED
BOARD
30 cd
Maximum days from receipt to APPROVE or
DISAPPROVE the CONTRACT

15
USE OF DIGITAL SIGNATURE
PPMP and APP Notice of Eligibility Post- Qualification Report

RFQ/ RFP Notice of Shortlisting Notice of Post-DQ

PBDs Abstract of Quotations Notice of Award

Invitation to Bid/ REI Abstract of Bids Approval of Higher Authority

Supplemental/ Bid Bulletin Bid Evaluation Report Notice to Proceed

Notice of Postponement Notice to the LCB/HRB BAC Resolutions

PROCUREMENT OFFICERS AND OFFICIALS


MAY DIGITALLY OR ELECTRONICALLY
SIGN PROCUREMENT DOCUMENTS
GPPB RESOLUTION NO. 16-2019
GPPB RESOLUTION NO. 09-2020
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.

(GPPB RESOLUTION NO. 24-2018)

Decisions made of at least a majority of the BAC members present, using such
technology shall be considered valid and binding
USE OF VIDEOCONFERENCING,
WEBCASTING & SIMILAR TECHNOLOGY
PROCUREMENT ACTIVITIES THAT MAY BE CONDUCTED ELECTRONICALLY

PRE-PROCUREMENT BID OPENING ALL OTHER PROCUREMENT


CONFERENCE ACTIVITIES/ MEETINGS

(GPPB RESOLUTION NO. 24-2018)


COMPETITIVE BIDDING
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 GOODS AND SERVICES
Pre-Procurement Advertisement Pre-Bid
Conference 7 Conference 1 cd
cd as
necessary

Opening of 1st Envelope –


Submission of Opening of 2nd Envelope –
Eligibility Documents &
Financial Proposal
Bids 45 Technical Proposal

cd

Bid Evaluation Award


Post-qualification
and Ranking of Contract 15
7 cd 12/
45 cd cd
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 INFRASTRUCTURE PROJECT
Pre-Procurement Advertisement Pre-Bid
Conference 7 Conference 1 cd
cd as
necessary

Opening of 1st Envelope –


Submission of Opening of 2nd Envelope –
Eligibility Documents &
Financial Proposal
Bids Technical Proposal
50 or
65 cd

Bid Evaluation Award


Post-qualification
and Ranking of Contract 15
7 cd 12/
45 cd cd
RECOMMENDED POSSIBLE PERIOD TO COMPLETE
THE PROCUREMENT ACTIVITY FOR GOODS

MAXIMUM PERIOD

136 CDs
EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable
RECOMMENDED POSSIBLE PERIOD TO COMPLETE THE
PROCUREMENT ACTIVITY FOR INFRA PROJECTS

MAXIMUM PERIOD

EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable


PRE-PROCUREMENT CONFERENCE
PURPOSE: TO DETERMINE THE READINESS OF THE PROCUREMENT

TIMELINE CONDITION PARTICIPANTS

Mandatory for projects ❑ BAC


with ABC above Php2M ❑ BAC Secretariat
Conducted prior to ❑ TWG
advertisement or for Goods, above
❑ Consultants for the subject
posting of the IB Php5M for Infra procurement project, if any
Projects, & above ❑ End-user unit
Php1M for CS ❑ Other Officials
REFERENCE TO BRAND NAMES

❑ 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.
SEC. 18 OF RA 9184 AND ITS IRR
ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
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
GPPB RESOLUTION NO. 09-2020

1 THROUGH ANY
ELECTRONIC MEANS
2
THROUGH GPPB
AVAILABLE ONLINE PORTAL
https://gppbgovph.com/
CERTIFICATION ON ELECTRONIC
SUBMISSION AND RECEIPT OF BIDS
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
ITcertification@gppb.gov.ph
GPPB RESOLUTION NO. 12-2020
ADVERTISEMENT / POSTING OF THE
INVITATION TO BID
PURPOSE: START THE BIDDING PROCESS AND INVITE INTERESTED BIDDERS TO
PARTICIPATE IN THE PROCUREMENT ACTIVITY

TIMELINE

7
calendar days
www.xxxx.gov.ph

continuously
SUNSET PROVISION ON ADVERTISEMENT
IN NEWSPAPER

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)
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

May be refunded More than 5 Million up to 10 Million 10,000.00


based on the
grounds provided More than 10 Million up to 50 Million 25,000.00
for under Section More than 50 Million to 500 Million 50,000.00
41 (Reservation
Clause) More than 500 Million 75,000.00
PRE-BID CONFERENCE

TIMELINE PURPOSE
at least To discuss, clarify and explain,
among other things, the eligibility

12
calendar days
requirements and the technical
and financial components of the
contract to be bid including
questions and clarifications
before deadline for raised by the prospective bidders
bid submission but not before and during the Pre-Bid
earlier than 7 CDs
from the PhilGEPS Conference
posting
PRE-BID CONFERENCE

MEASURES TO MAXIMIZE
PRE-BID CONFERENCE

BAC SHALL HAVE A


PROACTIVE ROLE
DURING THE PRE-BID
CONFERENCE …

GPPB RESOLUTION 02-2018


PRE-BID CONFERENCE

MINUTES OF THE MEETING


PRE-BID CONFERENCE

shall no longer be
posted in PE’s
website

GPPB RESOLUTION 04-2021


SUPPLEMENTAL/BID BULLETINS

TIMELINE PURPOSE
issued at least
BID BULLETIN Issued by the BAC, duly
signed by BAC

7
calendar days
Chairperson, to:
❑ Answer requests for
clarification or
interpretation
before deadline for ❑ Clarify or modify any
bid submission.
Queries should be submitted
provision of Bidding
to the BAC 10 CDs before Documents
deadline for bid submission.
SUBMISSION AND RECEIPT OF BIDS
(For Goods and Infrastructure Projects)
BID VALIDITY

Financial
Proposal

120calendar days
from the date of the
opening of bids
ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
GUIDELINES THROUGH ELECTRONIC MEANS
GPPB RESOLUTION NO. 09-2020

ALLOWS ACCESS TO A PASSWORD

1 2-FACTOR SECURITY PROCEDURE:


ARCHIVED AND PASSWORD
2 PROTECTED BIDDING DOCUMENTS.
Passwords shall be disclosed by the Bidders
PROTECTED only during the actual bid opening

3 CAPABALE OF GENERATING AN
AUDIT TRAIL OF TRANSACTIONS
BIDS SUBMITTED ELECTRONICALLY

TECHNICAL

BID
Submitted bids must be
encrypted and password
protected.
FINANCIAL
GPPB RESOLUTION NO. 09-2020
SEALING AND MARKING OF BIDS

1 ORIGINAL
TECHNICAL
ORIGINAL

ORIGINAL
TECHNICAL

ORIGINAL
BID
ORIGINAL Each envelope shall contain the name
FINANCIAL
FINANCIAL of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]
SEALING AND MARKING OF BIDS

2 COPY 1

COPY 1
COPY 1
TECHNICAL

TECHNICAL

COPY 2
BID
COPY 2
Each envelope shall contain the name
FINANCIAL
FINANCIAL of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]
SEALING AND MARKING OF BIDS

3 ORIGINAL BID

ORIGINAL ORIGINAL

BID
TECHNICAL FINANCIAL

COPY 1 - BID

COPY 1 COPY 1
TECHNICAL FINANCIAL Each envelope shall contain the name
of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]
SEALING AND MARKING OF BIDS

IMPROPERLY
SEALED
UNSEALED
& &
UNMARKED BID MARKED

NOT IMPROPERLY
COMPRESSED COMPRESSED
& PASSWORD & PASSWORD
PROTECTED PROTECTED
SUBMISSION AND RECEIPT OF BIDS
Date of submission should not be later than the
following periods from the last day of posting of IB: For bids submitted
electronically, the PEs
shall generate a Bid
GOODS INFRA INFRA receipt page for the
official time of

45 50 65 calendar calendar
submission which can
be saved or printed by
the bidder, upon receipt
calendar days days of the first and second
days Php50M above envelope
below Php50M
GPPB RESOLUTION
NO. 09-2020
SUBMISSION AND RECEIPT OF BIDS

MODIFICATION OF BIDS WITHDRAWAL OF BIDS For electronic bid


submission, Bidders shall
❑ Before the deadline of ❑ LETTER of WITHDRAWAL, send another Bid equally
submission of bids must be received prior to secured, properly identified,
❑ Bidder shall not be the deadline for submission and labelled as a
allowed to retrieve its and receipt of bids “modification” of the one
original bid previously submitted. The
❑ For bids withdrawn within
❑ Submit new bid equally time indicated in the latest
the interval between the
sealed, properly Bid receipt page
deadline and expiration of
identified, linked to its generated shall be the
original bid and marked Bid validity, the Bid Security
official time of submission.
as a “MODIFICATION” shall be FORFEITED.
GPPB RESOLUTION
NO. 09-2020
OPENING AND PRELIMINARY EXAMINATION OF BIDS
(For Goods and Infrastructure Projects)
The BAC shall open the bids in public immediately after the deadline for the
submission and receipt of bids

1st ENVELOPE 2ND ENVELOPE Ranking


❑ presence or
absence Only bidders
Only 2nd Envelopes
❑ checklist of whose 1st and 2nd
of bidders whose 1st
required envelopes were
Envelope was rated
documents rated “PASSED”
❑ non-discretionary “PASSED” shall be
will be ranked as
“pass/fail” opened
read
criterion
OPENING OF BIDS SUBMITTED ELECTRONICALLY

Passwords shall be
disclosed by the bidders
only during the actual bid
opening.
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

❑ 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
❑ Post in the PhilGEPS website and the
website of the PE concerned
OPENING AND EVALUATION OF 1ST ENVELOPE
(For Goods and Infrastructure Projects)
TECHNICAL COMPONENT
Eligibility Technical
Requirements Requirements

Class “A”
✔Legal Documents Bid Security
✔Technical Documents
✔Financial Documents

Class “B”
Project Requirements
✔Joint Venture Agreement

Omnibus Sworn Statement


ELIGIBILITY REQUIREMENTS
CLASS “A”
CLASS “A” CLASS “A”
TECHNICAL CLASS “B”
LEGAL Documents FINANCIAL Documents
Documents
Net Financial In case of Joint
PhilGEPS Certificate of Statement of All
Contracting Venture, JV
Registration (PLATINUM Ongoing
Capacity (NFCC) or Agreement entered
MEMBERSHIP) Contracts
CLC (for Goods) into by the parties
OR
SEC Certificate of Statement of Single
Registration / DTI Largest Completed
Registration Contract (SLCC)
Mayor’s Business
Permit
Tax Clearance Valid PCAB License / Special PCAB
License for JVA (for Infra)
Audited Financial
Statement
Statement of the Consultant
specifying its Natinality (for
Consulting)
LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

MAYOR’S PERMIT ❑ Recently expired Mayor’s/Business


permit SHALL BE ACCEPTED together
with the OR

❑ The renewed permit shall be submitted


as a POST-QUALIFICATION
REQUIREMENT in accordance with
Sec. 34.2 of the 2016 IRR of RA 9184
LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

❑ Submission of BIR receipt for renewal


TAX CLEARANCE
of Tax Clearance will not suffice in lieu
of a valid Tax Clearance Requirement.

❑ Submission of Provisionary Tax


Clearance issued by the BIR for
bidding purposes is not acceptable
form of Tax Clearance (GPPB
Resolution No. 01-2014).
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Goods and Infrastructure Projects)
STATEMENT OF ALL ONGOING GOVERNMENT AND
PRIVATE CONTRACTS

❑ Statement of the 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.

❑ The statement shall include ALL information


required in the Bidding Documents
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Goods and Services)
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)

GENERAL RULE EXEPTIONS


EXPANDABLE
SUPPLIES
if then
at the outset and after require at least 2 similar

SERVICES &
25% market research,
applying the general
contracts aggregate
amount at least
NON-EXPANDABLE equivalent to required
rule will likely result to:
SUPPLIES percentage; and largest
FAILURE OF

50%
of the similar contracts
BIDDING amounts to at least 50%
or of required percentage.
MONOPOLY
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Goods and Services)
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)

EXPENDABLE GOODS NON-EXPENDABLE GOODS


ABC = P1,000,000.00 ABC = P1,000,000.00
GR: 25% of the ABC GR: 50% of the ABC

THUS: Previous contract should be at least THUS: Previous contract should be at least
P250,000.00 (required percentage) P500,000.00 (required percentage)

EXCEPTION: The aggregate amount of at EXCEPTION: The aggregate amount of at least 2


least 2 similar contracts is at least equivalent similar contracts is at least equivalent to required
to the required percentage; and Largest of the percentage; and Largest of the similar contracts
similar contracts amounts to at least 50% of amounts to at least 50% of required percentage.
required percentage.
THUS: 1st contract = P300,000.00
THUS: 1st contract = P100,000.00 2nd contract = P400,000.00
2nd contract = P200,000.00
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Infrastructure Projects)
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (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
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Infrastructure Projects)
PHILIPPINE CONTRACTOR’S ACCREDITATION BOARD
PCAB LICENSE

❑ valid PCAB License or

❑ Special PCAB License for JV

❑ 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.
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Infrastructure Projects)
NON-ACCEPTABILITY OF TEMPORARY PCAB LICENSE

PCAB License Temporary PCAB License

✔ License issued by the Philippine ✔ Refers to the document issued by


Contractors Accreditation Board PCAB to a contractor who has filed for
allowing an entity to engage in renewal of PCAB License before the
business as a contractor 30th day of June but have not yet been
✔ Turn-around time for its issuance is processed due to high volume of
twenty (20) calendar days applicants

GPPB RESOLUTION NO. 10-2019


FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

AUDITED FINANCIAL STATEMENT

❑ showing, among others, the total and


current assets and liabilities
❑ stamped “RECEIVED” by the BIR or its duly
accredited and authorized institutions
❑ AFS for the preceding calendar year which
should not be earlier than two (2) years
from the date of bid submission
FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
(For Goods and Infrastructure Projects)

NET FINANCIAL CONTRACTING CAPACITY (NFCC)

❑ The NFCC value should be at least equal to the ABC to


be bid.
[(Current assets minus current liabilities) (K)] minus the

=
value of all outstanding or uncompleted portions of the
NFCC projects under ongoing contracts, including awarded
contracts yet to be started, coinciding with the contract
to be bid.

The constant NFCC’s K factor is set at 15, regardless of


contract duration

For Goods : either NFCC or Credit Line Certificate


(CLC)
ELIGIBILITY REQUIREMENTS (CLASS “B”)
REQUIREMENTS FOR JOINT VENTURES

JOINT SUBMISSION
VALID JOINT VENTURE AGREEMENT

to be submitted by to be submitted by
ALL partners ANY of the partners
🗹 Legal Eligibility 🗹 Technical Eligibility
Documents (or Documents
PhilGEPS Certificates 🗹 Financial Eligibility
of Registration under Documents
Platinum membership
category)
PROJECT REQUIREMENTS
(GOODS AND SERVICES)

Conformity with the Schedule of


1 Requirements

2 Conformity with the Technical


Specifications
PROJECT REQUIREMENTS
(INFRASTRUCTURE PROJECTS)
Organizational Chart for the
contract to be bid
1
List of Contractor’s Key
Personnel
2
List of Contractor’s Major
Equipment Units
3
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
BID SECURITY
BID SECURING DECLARATION

REVISED PROVISION REVISED PENALTIES


A document/undertaking
signed by the bidder ❑ Penalty of
committing to pay the disqualification for two
corresponding fine and be (2) years from bidding
automatically disqualified for any procurement
from bidding of any contract with any PE,
procurement contract of a upon receipt of the BO
PE for a period of time,
upon receipt of the ❑ Payment of fine to be
BLACKLISTING ORDER calculated in accordance
(BO), in the event it violated any with the rules set
of the conditions stated therein
GPPB RESOLUTION NO. 16-2020
OMNIBUS SWORN STATEMENT
REVISED OMNIBUS SWORN STATEMENT

❖ 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*)

GPPB RESOLUTION NO. 16-2020


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 9184.
GPPB RESOLUTION NO. 16-2020
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
GPPB RESOLUTION NO. 09-2020

PEs shall accept alternate Unnotarized Bid


documentary requirements Securing Declaration
for procurement activities
during a State of Calamity, Expired Business or
or implementation of Mayor's permit with subject to submission of Business or
community quarantine or Official Receipt of renewal Mayor's permit after award of
application contract but before payment;
similar restrictions
declared, which existence
shall be determined and Omnibus Sworn subject to compliance therewith after
validated by the BAC Statement award of contract but before
payment
OPENING AND EVALUATION OF 2nd
ENVELOPE (GOODS & SERVICES)

FINANCIAL COMPONENT
Bid Form

Applicable Price Schedule


(Goods from Abroad or within the Philippines)

Certification from the DTI if claiming preference as DOMESTIC


BIDDER (RA No. 10667)
OPENING AND EVALUATION OF 2nd
ENVELOPE (INFRASTRUCTURE PROJECTS)
FINANCIAL COMPONENT
Financial Bid Form

Bid Prices in the Bill of Quantities

Detailed Estimates

Cash Flow by Quarter


DETAILED EVALUATION OF BIDS
PURPOSE METHOD
TIMELINE
To determine the A non-discretionary
Lowest Calculated Bid criterion shall be used, should be
(LCB) or Highest rated which shall include completedwithin
Bid (HRB) , by: consideration of:

❑ Establishing correct
calculated prices of
bids; and
❑ Ranking calculated
❑ Completeness of bids;
and
❑ Minor arithmetical
corrections
7
calendar days
from the deadline for receipt
total bid prices from Results shall be contained of proposals
lowest to highest in the ABSTRACT OF BIDS
DETAILED EVALUATION OF BIDS

NO CONTACT RULE:
Prohibition on communication w/ bidders from bid evaluation until
award of contract
BID EVALUATION

DOMESTIC PREFERENCE
Domestic Foreign
Bidder Bidder Applies where the lowest bid has a
foreign component (foreign bid) and
the next lowest bid has a domestic
component (domestic bidder)

❑ The lowest foreign bid is


100k 100k increased by 15%

100k ❑ The lowest domestic bidder


100k matches the lowest bid of the
foreign bidder
BID EVALUATION
DOMESTIC PREFERENCE

SAMPLE COMPUTATION:
NEXT LOWEST
LOWEST CALCULATED BID
CALCULATED BID
Foreign Bidder Domestic Bidder
Bid 2,653,360.00 3,009,492.00
% Preference x 15%
398,004.00
+ 2,653,360.00
Bid as
3,051,364.00 3,009,492.00
increased
Award to Domestic Bidder at 2,653,360.00, or
RESULT Award to Foreign Bidder if Domestic Bidder refuses
POST-QUALIFICATION
TIMELINE
should be completed within
PURPOSE METHOD
To determine whether
the LCB/HRB complies
with and is responsive
to all requirements and
A non-discretionary
pass or fail criterion
12
calendar days
conditions as specified shall be used to
in the Bidding “VERIFY, VALIDATE TIMELINE
Documents, to be AND ASCERTAIN” all
declared the Lowest statements and should be completed within

Calculated and documents submitted


Responsive Bid (LCRB)
or Highest rated
by the LCB/HRB
45
calendar days (Goods and Infra)
Responsive Bid (HRRB) EXCEPTIONAL cases upon approval by the HoPE
POST-QUALIFICATION
SEC CERTIFICATE OF REGISTRATION FOR
FOREIGN BIDDERS
AMENDMENT SECTION 37.1.4 (A)(III) OF THE IRR OF RA 9184

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.
GPPB RESOLUTION NO. 25-2019
AWARD OF CONTRACT

❑ The BAC shall recommend award of contract to the


LCRB or HRRB/SRRB at submitted price or calculated
price, whichever is lower.

❑ The BAC shall notify all other bidders, in writing, of TIMELINE


its recommendation to HoPE of award of contract to
within
LCRB or HRRB within 3 CD from the issuance of the
resolution recommending award.
15
calendar days
APPROVE or
DISAPPROVED by the HoPE
AWARD OF CONTRACT
POSTING REQUIREMENT

NOTICE OF
AWARD
within

3
calendar days
www.xxxx.gov.ph

from the date of issuance of


the NOA
AWARD OF CONTRACT

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
PERIOD TO COMPLETE PROCUREMENT PROCESS
G.R. No. 212381, 22 April 2015

In the case of Jacomille v. Abaya, et al., the


petitioner contends that the public respondents
PROCUREMENT PROCESS failed to comply with the periods provided by law,
From Opening of Bids to specifically the 3-month period from the opening
Award of Contract shall of the bids up to the award of the contract under
Section 38 of RA 9184. The Supreme Court held
NOT EXCEED 3 that “[t]he different periods provided by RA 9184
MONTHS 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.
AWARD OF CONTRACT UNDER REENACTED BUDGET

Objective
✔ To clarify that agencies may award contract
during reenacted budget under certain
instances. Hence, PEs never have to wait
for the new GAA to be enacted

Coverage
✔ Issued in December 2018 in anticipation of
reenacted budget in 2019
✔ This guidelines are still applicable in any
and future instances of reenacted budget

80
Award of Contract Under Reenacted Budget

For purposes of Awards The validity of bids, the


of Contracts Period of time for bid securities, shall be
under a Reenacted Bud the award of contract extended, at the option
get, the 15-day period & termination of the bidder, to adjust
for the HoPE to approve of procurement proces to the new
and to issue the Notice s shall begin to procurement timeline in
of Award & the three- run again upon case the period is tolled
month period within effectivity of the new pending the
which to complete the GAA enactment of new GAA
procurement process
shall be tolled

81
PERFORMANCE SECURITY
PURPOSE:
FORMS:
To guarantee performance
Not less
than
GOODS AND
of obligation by the 5% CONSULTANCY
LCRB/HRRB in such form of the
Contract
and amount specified in CASH OR CASHIER’S/ Price Not less
than
the Bidding Documents. MANAGER’S CHECK
BANK GUARANTEE / DRAFT OR
10%
of the
FAILURE TO POST: IRREVOCABLE LETTER OF CREDIT,
ISSUED BY A UNIVERSAL OR INFRA PROJ. Contract
Price


COMMERCIAL BANK
Ground for disqualification

❑ Next-ranked LCB/HRB shall


undertake post-qualification
Not less
than

30%
Bid security shall be
forfeited without prejudice SURETY BOND CALLABLE
of the UPON DEMAND
to the imposition of Contract
sanctions Price
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
REVISED PERFORMANCE SECURING DECLARATION FORM

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

GPPB RESOLUTION NO. 16-2020


CONTRACT SIGNING
APPROVING HIGHER GOCC’s CONCERNED
AUTHORITY BOARD

20 30
calendar days
calendar days
APPROVE or APPROVE or
DISAPPROVE the DISAPPROVE the
CONTRACT CONTRACT
NOTICE TO PROCEED (NTP)
ISSUANCE POSTING REQUIREMENT
within NTP &
CONTRACT

7 within

15
calendar days
from the date of approval of
the contract

calendar days
All notices called for by the from the date of issuance
terms of the contract shall www.xxxx.gov.
be effective only at the ph
time of receipt thereof by
the successful bidder.
POSTING REQUIREMENT

TheNOANOA, and NTP along with the contract are required to


NTP
be posted at the websites of PhilGEPS and the agency, and
at any conspicuous place within three (3) calendar days and
15 calendar days from the respective date of issuance

86
ADDITIONAL TRANSPARENCY REQUIREMENTS OF POST-
AWARD INFORMATION OF PROCUREMENT PROJECTS

Posting of procurement documents

1. PhilGEPS
2. Agency's Official Website
(Transparency Seal)
3. Social Media Platforms

GPPB Resolution No. 04-2021

87
POSTING IN NEWSPAPERS

For ABC of Php 50,000,000 and above


(Executive Department)

Post-award information shall also


be published
once in a newspaper of general
circulation
GPPB Resolution No. 04-2021, pursuant to Sec 4 of AO No. 34

88
POST-AWARD INFORMATION

POSTING REQUIREMENT
ABC of
Post-award
Php50M
and above information
shall also be
published
once in a
EXECUTIVE DEPARTMENT
newspaper of
general
circulation.
GOCCs & GFIs

STATE UNIVERSITIES &


COLLEGES (SUCs)
GPPB RESOLUTION NO. 04-2021, pursuant to sec 4 of AO No. 34

89
FAILURE OF BIDDING
BAC shall DECLARE A
WAY FORWARD:
FAILURE OF BIDDING, when:
❑ Mandatory review shall be
No bids are received; conducted by BAC

Bids were received but no ❑ Based on its findings, BAC shall:


one was eligible; ❖ Revise terms, conditions,
specifications
All bids failed to post qualify; or ❖ Adjust ABC, subject to required
approvals
Refusal of the post-qualified ❖ Re-bidding
❖ Re-advertisement
bidder to accept award
without justifiable cause
Sec. 35 of RA 9184

90
CANCELLATION / TERMINATION OF
PROCUREMENT ACTIVITIES
1 2 3 4
The physical and
The source Brought about
economic The project by the
conditions have of funds for
significantly is no longer declaration of
changed so as to necessary the project a State of
render the project has been Calamity, or
as implementatio
no longer withheld or
economically, determined n of
reduced
financially, or by the through no
community
technically quarantine or
feasible, as end-user fault of the similar
determined by the unit PE restrictions
end-user unit
GPPB RESOLUTION NO. 09-2020

91
RESERVATION CLAUSE
HoPE reserves the right to: GROUNDS:
❑ Prima facie evidence of collusion
Reject any and all bids ❑ BAC is found to have failed in following
the prescribed bidding procedures
Declare a failure of ❑ For justifiable reasons, the award of
bidding contract will not redound to the benefit of
the Government:
Not award the contract ❖ Physical and economic conditions have
significantly changed;
❖ Project is no longer necessary
❖ Source of funds for the project has
been withdrawn/reduced.
Sec. 41 of RA 9184
gppb@gppb.gov.ph

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