Section 1.
5 Annex E of the IRR of RA 9184 (08-2011)
In claiming for any Variation Order, the
contractor shall, within seven (7) calendar
days after such work has been
commenced or after the circumstances
leading to such condition(s) leading to the
extra cost, and within twenty-eight (28)
calendar days deliver a written
communication giving full and detailed
particulars of any extra cost in order that it
may be investigated at that time. Failure
to provide either of such notices in the
time stipulated shall constitute a waiver
by the contractor for any claim. The
preparation and submission of Variation
Orders are as follows:
In claiming for any Variation Order, the
contractor shall, within seven (7) calendar
days after such work has been commenced
pursuant to Section 3.2 hereof; or, within
twenty-eight (28) calendar days after the
circumstances or reasons justifying a claim
for extra cost shall have occurred, deliver a
notice giving full and detailed particulars of
any extra cost in order that it may be
investigated at that time. Failure to provide
either of such notices in the time stipulated
shall constitute a waiver by the contractor
for any claim. The preparation and
submission of Variation Orders are as
follows:
 a) If the procuring entitys No revision
representative/Project Engineer believes
that a Change Order or Extra Work
Order should be issued, he shall prepare
the proposed Order accompanied with
the notices submitted by the contractor,
the plans therefor, his computations as
to the quantities of the additional works
involved per item indicating the specific
stations where such works are needed,
the date of his inspections and
investigations thereon, and the log book
thereof, and a detailed estimate of the
unit cost of such items of work, together
with his justifications for the need of
such Change Order or Extra Work Order,
and shall submit the same to the Head
of the Procuring Entity for approval.
b) The procuring entitys
representative/Project Engineer,
upon receipt of the proposed
Change Order or Extra Work
Order shall immediately instruct
the technical staff of the Region
to conduct an on-the-spot
investigation to verify the need
for the work to be prosecuted. A
report shall be submitted directly
to the procuring entitys
representative/Project Engineer
b) The Head of the Procuring
Entity or his duly authorized
representative procuring entitys
representative/Project Engineer,
upon receipt of the proposed
Change Order or Extra Work Order
shall immediately instruct the
appropriate technical staff or office
of the procuring entity to conduct
an on-the-spot investigation to
verify the need for the work to be
prosecuted and to review the
proposed plan, quantities, and
prices of the work involved.
c) The procuring entitys
representative/Project Engineer,
after being satisfied that such
Change Order or Extra Work
Order is justified and necessary,
shall review the estimated
quantities and prices and forward
the proposal with the supporting
documentation to the Head of
the Procuring Entity or his duly
authorized representative for
consideration.
c) The technical staff or
appropriate office of the
procuring entity shall submit a
report of their findings and
recommendations, together with
the supporting documents, to the
Head of the Procuring Entity or
his duly authorized
representative for consideration.
d) If, after the review of the
plans, quantities and estimated
cost of the items of work
involved, the proper office of the
procuring entity empowered to
review and evaluate Change
Orders or Extra Work Orders
recommends approval thereof,
the Head of the Procuring Entity
or his duly authorized
representative, believing the
Change Order or Extra Work
Order to be in order, shall
approve the same.
d) The Head of the Procuring
Entity or his duly authorized
representative, acting upon the
recommendation of the technical
staff or appropriate office, shall
approve the Change Order or
Extra Work Order after being
satisfied that the same is
justified, necessary, and in order.
 e) The timeframe for the No revision
processing of the Variation
Orders from the preparation up
to the approval by the
procuring entity concerned
shall not exceed thirty (30)
calendar days.
Section 3.1 Annex E of the IRR of RA 9184
Under no circumstances shall a
contractor proceed to
commence work under any
Change Order or Extra Work
Order unless it has been
approved by the Head of the
Procuring Entity or his duly
authorized representative.
Exceptions to the preceding
rule are the following:
3.1. Under no circumstances shall a
contractor proceed to commence
work under any Change Order or
Extra Work Order unless it has been
approved by the Head of the
Procuring Entity or his duly authorized
representative. Exceptions to the
preceding rule are the following:
 a. The Head of the Procuring
Entity or his duly authorized
representative may, subject to the
availability of funds, authorize the
immediate start of work under any
Change Order or Extra Work Order
under any or all of the following
conditions:
i) In the event of an emergency
where the prosecution of the work
is urgent to avoid detriment to
public service, or damage to life
and/or property; and/or
ii) When time is of the essence;
3.2. However, under any of the
following conditions, the procuring
entitys representative/Project
Engineer may, subject to the
availability of funds and within the
limits of his delegated authority,
allow the immediate start of work
under any Change Order or Extra
Work Order:
i) In the event of an emergency
where the prosecution of the work is
urgent to avoid detriment to public
service, or damage to life and/or
property; and/or
ii) When time is of the essence;
 Provided, however, That such
approval is valid on work done
up to the point where the
cumulative increase in value of
work on the project which has
not yet been duly fully
approved does not exceed five
percent (5%) of the adjusted
original contract price
whichever is less;
Provided, however, That such
approval is valid on work done
up to the point where the
cumulative increase in value of
work on the project which has
not yet been duly fully
approved does not exceed five
percent (5%) of the adjusted
original contract price
whichever is less;
 Provided, further, That No revision
immediately after the start of
work, the corresponding Change
Order or Extra Work Order shall
be prepared and submitted for
approval in accordance with the
above rules herein set.
Payments for works
satisfactorily accomplished on
any Change Order or Extra Work
Order may be made only after
approval of the same by the
Head of the Procuring Entity or
his duly authorized
representative.
 b. For a Change Order or Extra
Work Order involving a
cumulative amount exceeding
five percent (5%) of the
original contract price, no work
thereon may be commenced
unless said Change Order or
Extra Work Order has been
approved by the procuring
entitys representative/ Project
Engineer.
Provided, finally, That for a
Change Order or Extra Work
Order involving a cumulative
amount exceeding five percent
(5%) of the original contract
price, no work thereon may be
commenced unless said
Change Order or Extra Work
Order has been approved by
the Head of the Procuring
Entity or his duly authorized
representative procuring
entitys representative/ Project
Engineer.
Section 55.3 of the IRR of RA 9184 (05-2012)

The protest must be filed within seven (7) calendar

days from receipt by the party concerned of the
resolution of the BAC denying its request for
reconsideration. A protest may be made by filing a
verified position paper with the Head of the
Procuring Entity concerned, accompanied by the
payment of a non-refundable protest fee. The non-
refundable protest fee shall be as follows:
Section 55.4 of the IRR of RA 9184
The verified position paper shall contain the following information:
a) The name of bidder;
b) The office address of the bidder;
c) The name of project/contract;
d) The implementing office/agency or procuring entity;
e) A brief statement of facts;
f) The issue to be resolved; and
g) Such other matters and information pertinent and relevant to the proper
resolution of the protest.
The position paper must be verified by an affidavit that the affiant has read and
understood the contents thereof and that the allegations therein are true and
correct of his personal knowledge or based on authentic records. An unverified
position paper shall be considered unsigned, produces no legal effect, and
results to the outright dismissal of the protest.
In addition, the bidder shall likewise certify under oath that:
a) he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency
and, to the best of his knowledge, no such other action or claim is
pending therein;
b) if there is such other pending action or claim, he is including a
complete statement of the present status thereof; and
c) if he should thereafter learn that the same or similar action or claim
has been filed or is pending, he shall report that fact within five (5)
days therefrom to the Head of Procuring Entity wherein his protest is
filed.
Failure to comply with the foregoing requirements shall not be curable
by mere amendment of the verified position paper.
Section 23.5.2.5 of the IRR of RA 9184 (11-2012)
The prospective bidder must have an experience of
having completed, within a period of ten (10) years
from the date of submission and receipt of bids, at least
one (1) contract that is similar to the contract to be bid,
and whose value, adjusted to current prices using the
NSO consumer price indices, must be at least fifty
percent (50%) of the ABC to be bid: Provided, however,
That contractors under Small A and Small B categories
without similar experience on the contract to be bid
may be allowed to bid if the cost of such contract is not
more than fifty percent (50%) of the Allowable Range of
Contract Cost (ARCC) of their registration based on the
guidelines as prescribed by the PCAB.
For Foreign-funded Procurement, the GOP and the
foreign government/foreign or international financing
institution may agree on another track record
requirement.
Moreover, a contract shall be considered similar to
the contract to be bid if it has the same major
categories of work.
The prospective bidder must have an experience of
having completed at least one (1) contract that is
similar to the contract to be bid, and whose value,
adjusted to current prices using the NSO consumer
price indices, must be at least fifty percent (50%) of
the ABC to be bid: Provided, however, That
contractors under Small A and Small B categories
without similar experience on the contract to be bid
may be allowed to bid if the cost of such contract is
not more than fifty percent (50%) of the Allowable
Range of Contract Cost (ARCC) of their registration
based on the guidelines as prescribed by the PCAB.
For Foreign-funded Procurement, the GOP and the
foreign government/foreign or international financing
institution may agree on another track record
requirement.
Moreover, a contract shall be considered similar to
the contract to be bid if it has the same major
categories of work.
Section 23.5.2.4 of the IRR of RA 9184

The Constructors Performance The Owners Certificate of Final

Evaluation System (CPES)
rating and/or certificate of
completion and owners
acceptance of the contract
must be satisfactory.
Acceptance; or the
Constructors Performance
Evaluation Summary (CPES)
Final Rating and/or the
Certificate of Completion, must
be satisfactory.
Section 8.5.2 of the IRR of RA 9184 (12-2012)
Eligibility requirements may be sent
electronically to a procuring entity through
the PhilGEPS: Provided, however, That the
prospective bidder concerned shall submit
a certification to the BAC at least seven (7)
calendar days before the deadline for the
submission and opening of the technical
and financial envelopes that the documents
submitted are authentic copies of the
original, complete, and all statements and
information provided therein are true and
correct: Provided, further, That the PhilGEPS
shall allow manual submission of eligibility
requirements. The PhilGEPS shall generate
and send an acknowledgement of any
eligibility requirement received by it.
Eligibility requirements may be sent
electronically or manually to the PhilGEPS.
When a manufacturer, supplier, distributor,
contractor, or consultant registers with
PhilGEPS, it shall submit along with the
requirements a certification stating that the
documents submitted are complete and
authentic copies of the original, and all
statements and information provided
therein are true and correct. Upon
confirmation, validation, and verification of
the documents submitted, PhilGEPS may
issue, in favor of the registered entity, a
Certificate of Registration and Membership
that contains the certification mentioned in
the preceding sentence.
Section 23.4 of the IRR of RA 9184
To facilitate determination of eligibility, the
BAC of a procuring entity may maintain a
registry system using the PhilGEPS or its own
manual or electronic system that allows
submission and/or recording/entry of eligibility
requirements simultaneously with registration.
23.4.1. The registry system shall contain the
foregoing Class A documents which should
be maintained current and updated by the
bidder concerned at least once a year or more
frequently when needed.
23.4.2. A bidder who maintains a current and
updated file of his Class A Documents shall
be issued a certification by the BAC to that
effect, which certification may be submitted to
the procuring entity concerned in lieu of the
foregoing Class A documents.
To facilitate determination of eligibility, the
BAC of a procuring entity may use the
contents of the PhilGEPS electronic registry of
manufacturers, suppliers, distributors,
contractors, and/or consultants.
23.4.1. The PhilGEPS registry system shall
contain the foregoing Class A documents,
which should be maintained current and
updated by the bidder concerned at least
once a year or more frequently as may be
necessary.
23.4.2. A bidder who maintains a current and
updated file of his Class A Documents may
submit to the procuring entity, in lieu of the
said documents, the Certificate of
Registration and Membership issued by
PhilGEPS pursuant to Section 8.5.2.
Section 24.4.3 of the IRR of RA 9184
To facilitate determination of eligibility, the
BAC of a procuring entity may maintain a
registry system using the PhilGEPS or its own
manual or electronic system that allows
submission and/or recording/entry of eligibility
requirements simultaneously with registration.
24.4.3.1. The registry system shall contain the
foregoing Class A documents which should
be maintained current and updated by the
bidder concerned at least once a year or more
frequently when needed.
24.4.3.2. A bidder who maintains a current
and updated file of his Class A Documents
shall be issued a certification by the BAC to
that effect, which certification may be
submitted to the procuring entity concerned in
lieu of the foregoing Class A documents.
To facilitate determination of eligibility, the
BAC of a procuring entity may use the
contents of the PhilGEPS electronic registry of
manufacturers, suppliers, distributors,
contractors, and/or consultants.
24.4.3.1. The PhilGEPS registry system shall
contain the foregoing Class A documents,
which should be maintained current and
updated by the bidder concerned at least once
a year or more frequently as may be
necessary.
24.4.3.2. A bidder who maintains a current
and updated file of his Class A Documents
may submit to the procuring entity, in lieu of
the said documents, the Certificate of
Registration and Membership issued by
PhilGEPS pursuant to Section 8.5.2.
Section 54.5 of the IRR of RA 9184 (20-2012)
Performance and warranty
securities, as prescribed in
Sections 39 and 62 of this IRR,
shall be submitted for
contracts acquired through the
alternative methods of
procurement, except for
Shopping under Section 52 and
Negotiated Procurement under
Sections 53.2 (emergency
cases), 53.9 (small value
procurement), 53.10 (lease of
real property), and 53.13 (UN
Performance and warranty
securities, as prescribed in Section
39 and 62 of this IRR, shall be
submitted for contracts acquired
through the alternative methods of
procurement, except for Shopping
under Section 52 and Negotiated
Procurement under Sections 53.2
(emergency cases), 53.5 (Agency-
to-Agency), 53.9 (small value
procurement), 53.10 (lease of real
estate property), 53.12
(Community Participation), and
53.13 (UN agencies),
Implementing Guidelines on Agency-to-Agency Agreements
Section 5(c)
Subject to appropriate guidelines, the
Procuring Agency may require the
Servicing Agency to post a
performance security under Section
39 of R.A. 9184 and/or post a
warranty security under Section 62 of
R.A. 9184.
Section 6(e)
Pursuant to Section 5 (c), the MOA
shall reflect the agreement of the
parties with regard to the posting of a
performance bond and/or a warranty
security.
Section 5(c)
Subject to appropriate guidelines, the
Procuring Agency may require the
Servicing Agency to post a performance
security under Section 39 of R.A. 9184
and/or post a warranty security under
Section 62 of R.A. 9184.
Section 6(e)
Pursuant to Section 5(c), the MOA shall
reflect the agreement of the parties with
regard to the posting of a performance
bond and/or a warranty security.
Sections 5(d) and (e) to Sections 5(c) and
(d), respectively.
Section 6(f) to Section 6(e).
Philippine Bidding Documents Invitation to Bid for Goods (25-2012)
A complete set of Bidding
Documents may be purchased
by interested Bidders on
[insert date of availability of
Bidding Documents] from the
address below and upon
payment of a nonrefundable
fee for the Bidding Documents
in the amount of [insert
amount in Pesos].
A complete set of Bidding
Documents may be acquired
by interested Bidders on
[insert date of availability of
Bidding Documents] from the
address below {Insert if
necessary: and upon
payment of a
nonrefundable fee for the
Bidding Documents,
pursuant to the latest
Guidelines issued by the
GPPB, in the amount of
Philippine Bidding Documents Clause 18, ITB for Goods

18.1 The bid security in the
amount stated in the BDS shall be
equal to the percentage of the
ABC in accordance with the
following schedule:
18.1 The bid security in the amount
stated in the BDS shall be equal to the
percentage of the ABC in accordance
with the following schedule:

For biddings conducted by LGUs, the Bidder may also
submit bid securities in the form of cashiers/managers
check, bank draft/guarantee, or irrevocable letter of
credit from other banks certified by the BSP as
authorized to issue such financial statement.
For biddings conducted by LGUs, the Bidder may also submit bid
securities in the form of cashiers/managers check, bank
draft/guarantee, or irrevocable letter of credit from other banks
certified by the BSP as authorized to issue such financial statement.
The Bid Securing Declaration mentioned above is an
undertaking which states, among others, that the bidder
shall enter into contract with the procuring entity and
furnish the performance security required under ITB Clause
33.2, from receipt of the Notice of Award, and committing to
pay the corresponding fine, and be suspended for a period of
time from being qualified to participate in any government
procurement activity in the event it violates any of the
conditions stated therein as provided in the guidelines
issued by the GPPB.
Philippine Bidding Documents Clause 24.7, ITB for Goods

A Bidder determined as failed has three (3) 35 Protest Mechanism

calendar days upon written notice or, if present
at the time of bid opening, upon verbal Decision of the procuring
notification, within which to file a request or
motion for reconsideration with the BAC: entity at any stage of the
Provided, however, that the motion for procurement process may be
reconsideration shall not be granted if it is
established that the finding of failure is due to questioned in accordance with
the fault of the Bidder concerned: Provided, Section 55 of the revised
further, that the BAC shall decide on the
request for reconsideration within seven (7) Implementing Rules and
calendar days from receipt thereof. If a failed Regulations of Republic Act
Bidder signifies his intent to file a motion for
reconsideration, the BAC shall keep the bid 9184.
envelopes of the said failed Bidder unopened
and/or duly sealed until such time that the
DELETE Clause 24.7 of Section
motion for reconsideration or protest has been II. Instruction to Bidders and
resolved.
INSERT New provision, Clause
35
Philippine Bidding Documents Clause 11, GCC for Goods
11.2 For Goods supplied from abroad, the terms of payment shall
be as follows:
(a) On Contract Signature: Ten percent (10%) of the Contract Price
shall be paid within sixty (60) days from signing of the Contract
and upon submission of a claim and a bank guarantee for the
equivalent amount valid until the Goods are delivered and in the
form provided in Section VIII. Bidding Forms.
(b) On Delivery: Seventypercent (70%) of the Contract Price shall
be paid to the Supplier within sixty (60) days after the date of
receipt of the Goods and upon submission of the documents (i)
through (vi) specified in the SCC provision on Delivery and
Documents.
(c) On Acceptance: The remaining twenty percent (20%) of the
Contract Price shall be paid to the Supplier within sixty (60) days
after the date of submission of the acceptance and inspection
certificate for the respective delivery issued by the Procuring
Entitys authorized representative. In the event that no inspection
or acceptance certificate is issued by the Procuring Entitys
authorized representative within forty five (45) days of the date
shown on the delivery receipt the Supplier shall have the right to
claim payment of the remaining twenty percent (20%) subject to
the Procuring Entitys own verification of the reason(s) for the
failure to issue documents (vii) and (viii) as described in the SCC
provision on Delivery and Documents.
11.2 For Goods supplied from abroad, the terms of payment shall
be as follows:
(a) On Contract Signature: Fifteen percent (15%) of the Contract
Price shall be paid within sixty (60) days from signing of the
Contract and upon submission of a claim and a bank guarantee for
the equivalent amount valid until the Goods are delivered and in
the form provided in Section VIII. Bidding Forms.
(b) On Delivery: Sixty-five percent (65%) of the Contract Price
shall be paid to the Supplier within sixty (60) days after the date of
receipt of the Goods and upon submission of the documents (i)
through (vi) specified in the SCC provision on Delivery and
Documents.
(c) On Acceptance: The remaining twenty percent (20%) of the
Contract Price shall be paid to the Supplier within sixty (60) days
after the date of submission of the acceptance and inspection
certificate for the respective delivery issued by the Procuring
Entitys authorized representative. In the event that no inspection
or acceptance certificate is issued by the Procuring Entitys
authorized representative within forty five (45) days of the date
shown on the delivery receipt the Supplier shall have the right to
claim payment of the remaining twenty percent (20%) subject to
the Procuring Entitys own verification of the reason(s) for the
failure to issue documents (vii) and (viii) as described in the SCC
provision on Delivery and Documents.
Philippine Bidding Documents Invitation to Bid for Infrastructure Projects
A complete set of Bidding
Documents may be purchased
by interested Bidders on from
the address below and upon
payment of a nonrefundable
fee for the Bidding Documents
in the amount of [insert
amount in Pesos].
A complete set of Bidding
Documents may be acquired
by interested Bidders on
[insert date of availability of
Bidding Documents] from the
address below {Insert if
necessary: and upon
payment of a
nonrefundable fee for the
Bidding Documents,
pursuant to the latest
Guidelines issued by the
GPPB, in the amount of
Philippine Bidding Documents Clause 18, ITB for Infrastructure Projects

18.1 The bid security 18.1 The bid security

in the amount stated in the amount stated
in the BDS shall be in the BDS shall be
equal to the equal to the
percentage of the percentage of the
ABC in accordance
ABC in accordance
with the following
with the following
schedule:
schedule:
Philippine Bidding Documents Clause 18, ITB for Infrastructure Projects
For biddings conducted by
LGUs, the Bidder may also
submit bid securities in the
form of cashiers/managers
check, bank draft/guarantee,
or irrevocable letter of credit
from other banks certified by
the BSP as authorized to issue
such financial statement.
For biddings conducted by LGUs, the Bidder may
also submit bid securities in the form of
cashiers/managers check, bank draft/guarantee,
or irrevocable letter of credit from other banks
certified by the BSP as authorized to issue such
financial statement.
The Bid Securing Declaration mentioned
above is an undertaking which states, among
others, that the bidder shall enter into
contract with the procuring entity and furnish
the performance security required under ITB
Clause 32.2, from receipt of the Notice of
Award, and committing to pay the
corresponding fine, and be suspended for a
period of time from being qualified to
participate in any government procurement
activity in the event it violates any of the
conditions stated therein as provided in the
guidelines issued by the GPPB.
Philippine Bidding Documents Clause 24.7, ITB for Infrastructure Projects

A Bidder determined as failed has three (3) 34 Protest Mechanism

calendar days upon written notice or, if present
at the time of bid opening, upon verbal Decision of the procuring
notification, within which to file a request or
motion for reconsideration with the BAC: entity at any stage of the
Provided, however, that the motion for procurement process may be
reconsideration shall not be granted if it is
established that the finding of failure is due to questioned in accordance with
the fault of the Bidder concerned: Provided, Section 55 of the revised
further, that the BAC shall decide on the
request for reconsideration within seven (7) Implementing Rules and
calendar days from receipt thereof. If a failed Regulations of Republic Act
Bidder signifies his intent to file a motion for
reconsideration, the BAC shall keep the bid 9184.
envelopes of the said failed Bidder unopened
and/or duly sealed until such time that the
DELETE Clause 24.7 of Section
motion for reconsideration or protest has been II. Instruction to Bidders and
resolved.
INSERT New provision, Clause
35
Philippine Bidding Documents Clause 12.1 (a), ITB for Infrastructure
Projects
(iii.13) the statement shall be
supported by the Constructors
Performance Evaluation
System (CPES) rating sheets,
and/or certificates of
completion and owners
acceptance, if applicable;
(iii.13) the statement shall be
supported by the Owners
Certificate of Final Acceptance
or the Certificate of
Completion and, whenever
applicable, the Constructors
Performance Evaluation
Summary (CPES) Final Rating,
which must be satisfactory;
Philippine Bidding Documents Clause 5.4, ITB for Infrastructure Projects
(a) Unless otherwise provided
in the BDS, the Bidder must
have completed, within ten
(10) years from the submission
of bids, a single contract that
is similar to this Project,
equivalent to at least fifty
percent (50%) of the ABC
adjusted to current prices
using the National Statistics
Office consumer price index.
(a) Unless otherwise provided in the BDS,
the Bidder must have an experience of
having completed at least one (1)
contract that is similar to this Project,
equivalent to at least fifty percent (50%)
of the ABC adjusted to current prices using
the National Statistic Office consumer
price index. However, contractors under
Small A and Small B categories without
similar experience on the contract to be
bid may be allowed to bid if the cost of
such contract is not more than fifty
percent (50%) of the Allowable Range of
Contract Cost (ARCC) of their registration
based on the guidelines as prescribed by
the PCAB.
Philippine Bidding Documents Clause 32.2, ITB for Infrastructure Projects
Philippine Bidding Documents Clause 32.2, BDS for Infrastructure Projects
1. The amount of __________
[Insert 5% of ABC], if
performance security is in
cash, cashiers/managers
check, bank draft/guarantee or
irrevocable letter of credit;
2. The amount of __________
[Insert 30% of ABC] if
performance security is in
Surety Bond;
1. The amount of __________
[Insert 10% of the Total
Contract Price], if
performance security is in
cash, cashiers/managers
check, bank draft/guarantee or
irrevocable letter of credit;
2. The amount of __________
[Insert 30% of the Total
Contract Price] if
performance security is in
Surety Bond;
Section 23.4.3 of the IRR of RA 9184 (27-2012)
If the procuring entity maintains a
registry system using the PhilGEPS or
its own electronic system, a
prospective bidder, whether or not
duly registered in either system, shall
submit a written letter of intent and/or
its application for eligibility and latest
Class A documents, to the BAC on or
before the deadline specified in the
Bidding Documents. Any application
for eligibility or updates submitted
after the deadline for the submission
of the letter of intent shall not be
considered for the bidding at hand.
DELETE Section 23.4.3 of the
revised IRR of RA 9184, and
the similar provision under
Section 24.4.3.3 of the same
IRR, requiring the submission
of a written LOI and/or
application of eligibility
together with the latest Class
A Documents in case the
procuring entity maintains a
registry system using the
PhilGEPS or its own electronic
system.
Section 24.4.3.3 of the IRR of RA 9184

If the procuring entity maintains a registry Deleted

system using the PhilGEPS or its own
electronic system, a prospective bidder,
whether or not duly registered in either
system, shall submit a written letter of
intent and/or its application for eligibility
and latest Class A documents, to the
BAC on or before the deadline specified in
the Bidding Documents which shall in no
case be later than the date for the
submission and receipt of bids. Any
application for eligibility or updates
submitted after the deadline for the
submission of the letter of intent shall not
be considered for the bidding at hand.
Section 23.1(a)(iii) of the IRR of RA 9184 (29-2012)
Statement of the prospective
bidder of all its ongoing and
completed 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, within the
relevant period as provided in the
Bidding Documents. The statement
shall include all information
required in the PBDs prescribed by
the GPPB.
Statement of the prospective bidder of all its 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, within the relevant
period as provided in the Bidding Documents; and
Statement identifying the bidders single largest completed
contract similar to the contract to be bid, except under conditions
provided for in Section 23.5.1.3 of this IRR, within the relevant
period as provided in the Bidding Documents in the case of goods.
All of the above statements shall include all information required
in the PBDs prescribed by the GPPB.
AMEND Section 23.1(a)(iii) of the IRR of RA 9184
To interpret that failure to include an immaterial ongoing contract
or failure to disclose complete information in the statement of
contracts shall result in the following:
GPPB Resolution No. 2012, dated 23 November 2012. Page 3 of 3
a. Disqualification of the bidder for non-compliance with the
eligibility requirement under Sections 23.1 or 24.1 of the revised
IRR.
b. Blacklisting under Section 65.3 (a) or (b) of the revised IRR.
Section 53.12 of the IRR of RA 9184 (03-2013)
Where, in the interest of
project sustainability or to
achieve certain specific social
objectives, it is desirable in
selected project components
to call for participation of local
communities in the delivery of
services, the procuring entity
shall propose the procedures,
specifications, and contract
packaging which are subject to
the approval of the GPPB.
Where, in the interest of project
sustainability or to achieve certain specific
social objectives, it is desirable in selected
projects, or its components, to call for
participation of local communities in the
delivery of goods, including non-
consulting services, and simple
infrastructure projects, subject to the
guidelines to be issued by the GPPB.
AMEND Section 53.12 of the IRR of RA 9184
DEVELOP AND FORMULATE Guidelines to
provide the procedures for the
implementation of the projects through
Community Participation pursuant to Section
53.12 of the revised IRR of RA 9184.
Philippine Bidding Documents Clause 29.2, ITB for Goods (11-
2013)
Within a non-extendible period
of three (3) calendar days from
receipt by the bidder of the
notice from the BAC that it
submitted the LCB, the Bidder
shall submit the following
documentary requirements:
(a) Tax clearance per Executive
Order 398, Series of 2005:
Within a non-extendible period of
three (3) calendar days from receipt
by the bidder of the notice from the
BAC that it submitted the LCB, the
Bidder shall submit the following
documentary requirements:
(a) Tax clearance per Executive
Order 398, Series of 2005, as
finally reviewed and approved
by the BIR.
AMEND the PBD for Goods,
Infrastructure Projects, and
Consulting Services
Philippine Bidding Documents 29.2(b), BDS for Goods
Specify whether Bidders have
the option to submit manually
filed tax returns or tax returns
filed through the Electronic
Filing and Payment System
(EFPS)
NOTE: The latest income and
business tax returns are those
within the last six months
preceding the date of bid
submission.
Only tax returns filed and taxes
paid through the BIR Electronic
Filing and Payment System
(EFPS) shall be accepted.
NOTE: The latest income and
business tax returns are those
within the last six months
preceding the date of bid
submission.
EFFECTIVITY of the amendments
to the PBD for Goods, Infrastructure
Projects, and Consulting Services
shall be on 15 June 2013
Philippine Bidding Documents Clause 28.2, ITB for Infrastructure Projects
Within a non-extendible period
of three (3) calendar days from
receipt by the bidder of the
notice from the BAC that it
submitted the LCB, the Bidder
shall submit the following
documentary requirements:
(a) Tax clearance per Executive
Order 398, Series of 2005:
Within a non-extendible period
of three (3) calendar days from
receipt by the bidder of the
notice from the BAC that it
submitted the LCB, the Bidder
shall submit the following
documentary requirements:
(a) Tax clearance per Executive
Order 398, Series of 2005, as
finally reviewed and
approved by the BIR.
Philippine Bidding Documents Clause 28.2(b), BDS for Infrastructure Projects
Specify whether Bidders have
the option to submit manually
filed tax returns or tax returns
filed through the Electronic
Filing and Payment System
(EFPS)
NOTE: The latest income and
business tax returns are those
within the last six months
preceding the date of bid
submission.
Only tax returns filed and
taxes paid through the BIR
Electronic Filing and
Payment System (EFPS)
shall be accepted.
NOTE: The latest income and
business tax returns are those
within the last six months
preceding the date of bid
submission.
Philippine Bidding Documents Clause 27.2, ITB for Consulting Services
Within a non-extendible period
of three (3) calendar days from
receipt by the bidder of the
notice from the BAC that it
submitted the LCB, the Bidder
shall submit the following
documentary requirements:
(a) Tax clearance per Executive
Order 398, Series of 2005:
Within a non-extendible period
of three (3) calendar days from
receipt by the bidder of the
notice from the BAC that it
submitted the LCB, the Bidder
shall submit the following
documentary requirements:
(a) Tax clearance per Executive
Order 398, Series of 2005, as
finally reviewed and
approved by the BIR.
Philippine Bidding Documents Clause 27.2(b), BDS for Consulting Services
Specify whether Bidders have
the option to submit manually
filed tax returns or tax returns
filed through the Electronic
Filing and Payment System
(EFPS)
NOTE: The latest income and
business tax returns are those
within the last six months
preceding the date of bid
submission.
Only tax returns filed and
taxes paid through the BIR
Electronic Filing and
Payment System (EFPS)
shall be accepted.
NOTE: The latest income and
business tax returns are those
within the last six months
preceding the date of bid
submission.
Sections 23.6 and 24.6 of the IRR of RA 9184 (12-2013)
Government corporate entities
may be eligible to participate
in Competitive Bidding only if
they can establish that they (a)
are legally and financially
autonomous, (b) operate under
commercial law, and (c) are
not dependent agencies of the
GOP or the procuring entity.
The GPPB shall promulgate the
necessary guidelines for this
provision.
GOCCs may be eligible to
participate in Competitive Bidding
only if they can establish that they
(a) are legally and financially
autonomous, (b) operate under
commercial law, and (c) are not
attached agencies of the
procuring entity.
AMEND Sections 23.6 and 24.6 of
the IRR of RA 9184 to use the term
GOCCs instead of GCEs, delete the
reference to GOP in item (c) thereof,
and replace the term dependent
with attached
Section 53.5 of the IRR of RA 9184
Procurement of infrastructure projects,
consulting services, and goods from
another agency of the GOP, such as the
PS-DBM, which is tasked with a
centralized procurement of Common-
Use Supplies for the GOP in accordance
with Letters of Instruction No. 755 and
Executive Order No. 359, series of 1989.
For purposes of this sub-section, the
term agency shall exclude GOCCs
incorporated under Batas Pambansa
Blg. 68, otherwise known as the
Corporation Code of the Philippines.
The GPPB shall issue guidelines to
implement this provision.
Procurement of infrastructure
projects, consulting services, and
goods from another agency of the
GOP, such as the PS-DBM, which is
tasked with a centralized
procurement of Common-Use
Supplies for the GOP in
accordance with Letters of
Instruction No. 755 and Executive
Order No. 359, series of 1989.
AMEND Section 53.5 of the IRR of
RA 9184 and DELETE the second
paragraph
Section 4(c) of the Implementing Guidelines on Agency-to-Agency Agreements
Servicing Agency shall refer to the agency
which delivers the goods, undertakes the
infrastructure project, or provide
consulting services.
However, in accordance with Section 53.5
of the IRR of R.A. 9184, as amended,
GOCCs incorporated under Batas
Pambansa Blg. 68 or the Corporation
Code of the Philippines, which are vested
with proprietary functions to enable them
to compete with the private sector, are
excluded from the definition of Servicing
Agency, and thus, not qualified to act as
Servicing Agency under the 1st paragraph
of Section 53.5 of the IRR of R.A. 9184.
Servicing Agency shall refer
to the agency which delivers
the goods, undertakes the
infrastructure project, or
provide consulting services.
AMEND Section 4(c) of the
Implementing Guidelines on
Agency-to-Agency Agreements
(Guidelines) and DELETE the
second paragraph that
excludes non-chartered GOCCs
as Servicing Agencies
Scope and Application of the Implementing Guidelines on Agency-to-Agency Agreements
Infrastructure projects
undertaken through the Armed
Forces of the Philippines Corps
of Engineers (AFPCOE) which
shall continue to be governed
by the Guidelines on
Implementation of Infrastructure
Projects Undertaken by the AFP
Corps of Engineers under
Government Procurement Policy
Board (GPPB) Resolution No. 09-
2005
These guidelines shall govern the procurement of
infrastructure projects, consulting services, and
goods from another agency of the GOP, which
includes all Departments, Bureaus, Offices and
Agencies of the National Government, Government-
Owned and/or Controlled Corporations, Government
Financing Institutions, State Universities and
Colleges, and Local Government Units.
However, infrastructure projects undertaken
through the Armed Forces of the Philippines Corps
of Engineers (AFPCOE) which shall continue to be
governed by the Guidelines on Implementation of
Infrastructure Projects Undertaken by the AFP Corps
of Engineers under Government Procurement Policy
Board (GPPB) Resolution No. 09-2005, are excluded
from the application of these guidelines.
AMEND the Scope and Application in the Guidelines
excluding the engagement of PS-DBM from its
application
Section 23.1.(a)(vi) of the IRR of RA 9184 (20-2013)
For purposes of determining the eligibility of
bidders using the criteria stated in Section
23.5 of this IRR, only the following
documents shall be required by the BAC,
using the forms prescribed in the Bidding
Documents:
a) Class A Documents
...
Financial Documents
...
(vi) The prospective bidders computation
for its Net Financial Contracting Capacity
(NFCC) or a commitment from a Universal or
Commercial Bank to extend a credit line in
favor of the prospective bidder if awarded
the contract to be bid (CLC).
For purposes of determining the eligibility
of bidders using the criteria stated in
Section 23.5 of this IRR, only the following
documents shall be required by the BAC,
using the forms prescribed in the Bidding
Documents:
a) Class A Documents
...
Financial Documents
...
(vi) The prospective bidders
computation for its Net Financial
Contracting Capacity (NFCC).
AMEND Sections 23.1(a)(vi), 23.5.1.4 and
23.5.2.6 of the IRR of RA 9184
Section 23.5.1.4 of the IRR of RA 9184
If the prospective bidder submits a computation of its
NFCC, the NFCC must be at least equal to the ABC to be
bid, calculated as follows:
NFCC = [(Current assets minus current liabilities) (K)]
minus the value of all outstanding or uncompleted
portions of the projects under ongoing contracts,
including awarded contracts yet to be started coinciding
with the contract to be bid.
Where: K = 10 for a contract duration of one
year or less, 15 for a contract duration of more than
one year up to two years, and 20 for a contract
duration of more than two years.
If the prospective bidder submits a CLC, the CLC must
be at least equal to ten percent (10%) of the ABC to be
bid. If the CLC is issued by a foreign Universal or
Commercial Bank, it shall be confirmed or
authenticated by a Universal or Commercial Bank. For
biddings conducted by LGUs, the prospective bidder
may also submit CLC from other banks certified by the
BSP as authorized to issue such financial instrument.
The computation of a prospective bidders
NFCC must be at least equal to the ABC to
be bid, calculated as follows:
NFCC = [(Current assets minus current liabilities)
(K)] minus the value of all outstanding or
uncompleted portions of the projects under
ongoing contracts, including awarded contracts
yet to be started coinciding with the contract to
be bid.
Where: K = 10 for a contract duration of one
year or less, 15 for a contract duration of more
than one year up to two years, and 20 for a
contract duration of more than two years.
The values of the bidders current assets
and current liabilities shall be based on the
data submitted to the BIR, through its
Electronic Filing and Payment System
(EFPS).
Section 23.5.2.6 of the IRR of RA 9184
If the prospective bidder submits a computation of its
NFCC, the NFCC must be at least equal to the ABC to
be bid, calculated as follows:
NFCC = [(Current assets minus current liabilities) (K)]
minus the value of all outstanding or uncompleted
portions of the projects under ongoing contracts,
including awarded contracts yet to be started
coinciding with the contract to be bid.
Where: K = 10 for a contract duration of one year or
less, 15 for a contract duration of more than one year
up to two years, and 20 for a contract duration of more
than two years.
If the prospective bidder submits a CLC, the CLC must
be at least equal to ten percent (10%) of the ABC to be
bid. If the CLC is issued by a foreign Universal or
Commercial Bank, it shall be confirmed or
authenticated by a Universal or Commercial Bank. For
biddings conducted by LGUs, the prospective bidder
may also submit CLC from other banks certified by the
BSP as authorized to issue such financial instrument.
The computation of a prospective bidders
NFCC must be at least equal to the ABC to
be bid, calculated as follows:
NFCC = [(Current assets minus current liabilities)
(K)] minus the value of all outstanding or
uncompleted portions of the projects under
ongoing contracts, including awarded contracts
yet to be started coinciding with the contract to
be bid.
Where: K = 10 for a contract duration of one
year or less, 15 for a contract duration of more
than one year up to two years, and 20 for a
contract duration of more than two years.
The values of the bidders current assets
and current liabilities shall be based on the
data submitted to the BIR, through its
Electronic Filing and Payment System
(EFPS).
Philippine Bidding Documents Clause 5.5, ITB for Goods
The Bidder must submit a computation of its Net
Financial Contracting Capacity (NFCC) or a commitment
from a Universal or Commercial Bank to extend a credit
line in its favor if awarded the contract for this Project
(CLC).
The NFCC, computed using the following formula, must
be at least equal to the ABC to be bid:
NFCC = [(Current assets minus current liabilities) (K)]
minus the value of all outstanding or uncompleted
portions of the projects under ongoing contracts,
including awarded contracts yet to be started coinciding
with the contract for this Project.
Where: K = 10 for a contract duration of one year or less,
15 for a contract duration of more than one year up to
two years, and 20 for a contract duration of more than
two years.
The CLC must be at least equal to ten percent (10%) of
the ABC for this Project. If issued by a foreign bank, it
shall be confirmed or authenticated by a Universal or
Commercial Bank. In the case of local government units
(LGUs), the Bidder may also submit CLC from other banks
certified by the Bangko Sentral ng Pilipinas (BSP) as
authorized to issue such financial instrument.
The Bidder must submit a computation of its
Net Financial Contracting Capacity (NFCC),
which must be at least equal to the ABC to be
bid, calculated as follows:
NFCC = [(Current assets minus current liabilities) (K)]
minus the value of all outstanding or uncompleted
portions of the projects under ongoing contracts,
including awarded contracts yet to be started
coinciding with the contract to be bid.
Where: K = 10 for a contract duration of one year or
less, 15 for a contract duration of more than one year
up to two years, and 20 for a contract duration of
more than two years.
The values of the bidders current assets and
current liabilities shall be based on the data
submitted to the BIR, through its Electronic
Filing and Payment System (EFPS).
AMEND Clauses 5.5 and 12.1(a)(v) of the Instructions
to Bidders of the Philippine Bidding Documents for
Goods, and Clauses 5.5 and 12.1(a)(vi) of the
Instructions to Bidders of the Philippine Bidding
Documents for Infrastructure Projects
Philippine Bidding Documents Clause 12.1(a)(v), ITB for Goods
12. Documents Comprising the
Bid: Eligibility and Technical
Components
12.1. Unless otherwise indicated in
the BDS, the first envelope shall
contain the following eligibility and
technical documents:
(a) Eligibility Documents
Class A Documents:
...
(v) NFCC computation or CLC in
accordance with ITB Clause 5.5;
12. Documents Comprising the Bid: Eligibility
and Technical Components
12.1. Unless otherwise indicated in the BDS,
the first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents
Class A Documents:
...
(v) NFCC computation in accordance
with ITB Clause 5.5;
AMEND Clauses 5.5 and 12.1(a)(v) of the
Instructions to Bidders of the Philippine
Bidding Documents for Goods, and Clauses
5.5 and 12.1(a)(vi) of the Instructions to
Bidders of the Philippine Bidding Documents
for Infrastructure Projects
Philippine Bidding Documents Clause 12.1(a)(vi), ITB for Infrastructure Projects
12. Documents Comprising the
Bid: Eligibility and Technical
Components
12.1. Unless otherwise indicated
in the BDS, the first envelope
shall contain the following
eligibility and technical
documents:
(a) Eligibility Documents
Class A Documents:
(vi) NFCC computation or CLC in
accordance with ITB Clause 5.5;
12. Documents Comprising the
Bid: Eligibility and Technical
Components
12.1. Unless otherwise indicated in
the BDS, the first envelope shall
contain the following eligibility and
technical documents:
(a) Eligibility Documents
Class A Documents:
(vi) NFCC computation in
accordance with ITB Clause
5.5;
Section 23.1(a) of the IRR of RA 9184 (21-2013)
For purposes of determining the eligibility of
bidders using the criteria stated in Section
23.5 of this IRR, only the following documents
shall be required by the BAC, using the forms
prescribed in the Bidding Documents:
a) Class A Documents
Legal Documents
(i) Registration certificate from SEC,
Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives,
or any proof of such registration as stated in
the Bidding Documents.
(ii) Mayors permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located.
For purposes of determining the eligibility of bidders
using the criteria stated in Section 23.5 of this IRR,
only the following documents shall be required by the
BAC, using the forms prescribed in the Bidding
Documents:
a) Class A Documents
Legal Documents
(i) Registration certificate from SEC, Department of
Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives, or any proof of such
registration as stated in the Bidding Documents.
(ii) Mayors permit issued by the city or municipality
where the principal place of business of the
prospective bidder is located.
(iii) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
AMEND Sections 23.1(a), 24.1(a) and 34.2 of the IRR
of RA 9184
Section 24.1(a) of the IRR of RA 9184
For purposes of determining the eligibility and
short list of bidders in accordance with
Sections 24.4 and 24.5 of this IRR, only the
following documents shall be required by the
BAC, using the forms prescribed in the Bidding
Documents:
a) Class A Documents
Legal Documents
(i) Registration certificate from SEC,
Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives,
or any proof of such registration as stated in
the Bidding Documents;
(ii) Mayors permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
For purposes of determining the eligibility and
short list of bidders in accordance with Sections
24.4 and 24.5 of this IRR, only the following
documents shall be required by the BAC, using
the forms prescribed in the Bidding Documents:
a) Class A Documents
Legal Documents
(i) Registration certificate from SEC, Department
of Trade and Industry (DTI) for sole
proprietorship, or CDA for cooperatives, or any
proof of such registration as stated in the Bidding
Documents;
(ii) Mayors permit issued by the city or
municipality where the principal place of business
of the prospective bidder is located; and,
(iii) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Section 34.2(a) of the IRR of RA 9184
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or
Highest Rated Bid, the bidder shall submit the
following documentary requirements to the
BAC:
a) Tax clearance;
b) Latest income and business tax returns;
c) Certificate of PhilGEPS Registration; and
d) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or
Highest Rated Bid, the bidder shall submit the
following documentary requirements to the
BAC:
a) Latest income and business tax
returns;
b) Certificate of PhilGEPS Registration;
and,
c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
Philippine Bidding Documents Clause 12.1(a), ITB for Goods
Unless otherwise indicated in
the BDS, the first envelope
shall contain the following
eligibility and technical
documents:
(a) Eligibility Documents
Class A Documents:
...
(v) NFCC computation or CLC
in accordance with ITB Clause
5.5;
Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents
Class A Documents:
...
(v) NFCC computation in accordance with ITB
Clause 5.5; and,
(vi) Tax clearance per Executive Order
398, Series of 2005, as finally reviewed
and approved by the BIR.
AMEND Clauses 12.1(a) and 29.2 ofthe ITB,
PBDs for Goods; Clauses 12.1(a) and 28.2 of
the ITB, PBDs for Infrastructure Projects; and
Clause 2.1 of the Eligibility Documents and
Clause 27.2 of the ITB, PBDs for Consulting
Services
Philippine Bidding Documents Clause 29.2, ITB for Goods
Within a non-extendible period of three (3) calendar
days from receipt by the bidder of the notice from
the BAC that it submitted the LCB, the Bidder shall
submit the following documentary requirements:
(a) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR;
(b) Latest income and business tax returns in the
form specified in the BDS;
(c) Certificate of PhilGEPS Registration; and
(d) Other appropriate licenses and permits required
by law and stated in the BDS.
Failure of the Bidder declared as Lowest Calculated
Bid to duly submit the requirements under this
Clause or a finding against the veracity of such
shall be ground for forfeiture of the bid security and
disqualification of the Bidder for award.
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Latest income and business tax returns
in the form specified in the BDS;
(b) Certificate of PhilGEPS Registration;
and
(c) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Bidder declared as Lowest
Calculated Bid to duly submit the
requirements under this Clause or a finding
against the veracity of such shall be ground for
forfeiture of the bid security and disqualification
of the Bidder for award.
Philippine Bidding Documents Clause 12.1(a), ITB for Infrastructure Projects
Unless otherwise indicated in
the BDS, the first envelope
shall contain the following
eligibility and technical
documents:
(a) Eligibility Documents
Class A Documents:
...
(v) NFCC computation or CLC
in accordance with ITB Clause
5.5;
Unless otherwise indicated in the
BDS, the first envelope shall
contain the following eligibility and
technical documents:
(a) Eligibility Documents
Class A Documents:
...
(v) NFCC computation in accordance
with ITB Clause 5.5; and,
(vi) Tax clearance per Executive
Order 398, Series of 2005, as
finally reviewed and approved
by the BIR.
Philippine Bidding Documents Clause 28.2, ITB for Infrastructure Projects
Within a non-extendible period of three (3) calendar
days from receipt by the bidder of the notice from
the BAC that it submitted the LCB, the Bidder shall
submit the following documentary requirements:
(a) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR;
(b) Latest income and business tax returns in the
form specified in the BDS;
(c) Certificate of PhilGEPS Registration; and
(d) Other appropriate licenses and permits required
by law and stated in the BDS.
Failure of the Bidder declared as Lowest Calculated
Bid to duly submit the requirements under this
Clause or a finding against the veracity of such
shall be ground for forfeiture of the bid security and
disqualification of the Bidder for award.
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Latest income and business tax returns
in the form specified in the BDS;
(b) Certificate of PhilGEPS Registration;
and
(c) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Bidder declared as Lowest
Calculated Bid to duly submit the requirements
under this Clause or a finding against the
veracity of such shall be ground for forfeiture of
the bid security and disqualification of the
Bidder for award.
Philippine Bidding Documents Clause 2.1(a), Eligibility Documents for Consulting Services
The following eligibility requirements
shall be submitted on or before the
date of the eligibility check specified
in the Request for Expression of
Interest and Clause 5 for purposes of
determining eligibility of prospective
bidders:
a) Class A Documents:
Legal Documents
...
(ii) Mayors permit issued by the city
or municipality where the principal
place of business of the prospective
bidder is located;
The following eligibility requirements shall
be submitted on or before the date of the
eligibility check specified in the Request for
Expression of Interest and Clause 5 for
purposes of determining eligibility of
prospective bidders:
a) Class A Documents:
Legal Documents
...
(ii) Mayors permit issued by the city or
municipality where the principal place of
business of the prospective bidder is
located; and,
(iii) Tax clearance per Executive Order
398, Series of 2005, as finally reviewed
and approved by the BIR.
Philippine Bidding Documents Clause 27.2, ITB for Consulting Services
Within a non-extendible period of three (3)
calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398, Series
of 2005, as finally reviewed and approved by the
BIR;
(b) Latest income and business tax returns in the
form specified in the BDS;
(c) Certificate of PhilGEPS Registration; and
(d) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Consultant declared as HRB to duly
submit the requirements under this Clause or a
finding against the veracity of such, shall be
ground for forfeiture of the bid security and
disqualification of the Consultant for award.
Within a non-extendible period of three (3)
calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Latest income and business tax returns
in the form specified in the BDS;
(b) Certificate of PhilGEPS Registration;
and
(c) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Consultant declared as HRB to
duly submit the requirements under this Clause
or a finding against the veracity of such, shall
be ground for forfeiture of the bid security and
disqualification of the Consultant for award.
Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the IRR of RA
9184 (22-2013)
The first envelope shall contain the following
technical information/documents, at the least:
...
(iv) Sworn statement by the prospective bidder
or its duly authorized representative in the
form prescribed by the GPPB as to the
following:
(1) It is not blacklisted or barred from bidding
by the GOP or any of its agencies, offices,
corporations, or LGUs, including foreign
government/foreign or international financing
institution whose blacklisting rules have been
recognized by the GPPB;
...
(7) It complies with existing labor laws and
standards, in the case of procurement of
services.
The first envelope shall contain the following technical
information/documents, at the least:
...
(iv) Sworn statement by the prospective bidder or its
duly authorized representative in the form prescribed
by the GPPB as to the following:
(1) It is not blacklisted or barred from bidding by the
GOP or any of its agencies, offices, corporations, or
LGUs, including foreign government/foreign or
international financing institution whose blacklisting
rules have been recognized by the GPPB;
...
(8) It did not give or pay, directly or indirectly,
any commission, amount, fee, or any form of
consideration, pecuniary or otherwise, to any
person or official, personnel or representative of
the government in relation to any procurement
project or activity.
AMEND Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi)
of the IRR of RA 9184
Section 27.2 of the IRR of RA 9184 (25-2013)
The bid security shall be in an
amount equal to a percentage of
the ABC in accordance with the
following schedule:
For biddings conducted by LGUs,
the prospective bidder may also
submit bid securities in the form of
cashiers/managers check, bank
draft/guarantee, or irrevocable letter
of credit from other banks certified
by the BSP as authorized to issue
such financial instrument.
The procuring entity shall indicate in
the Bidding Documents the acceptable
forms of bid security that bidders may
opt to use, which shall include the Bid
Securing Declaration provided in
Section 27.5 of this IRR and at least
one (1) other form, the amount of which
shall be equal to a percentage of the ABC in
accordance with the following schedule:
For biddings conducted by LGUs, the
procuring entity may also require
bidders to submit bid securities in the
form of
AMEND Sections 27.2, 27.5 and 39.2 of the
IRR of RA 9184
Section 27.5 of the IRR of RA 9184
In lieu of a bid security mentioned in
Section 27.2 above, the bidder may submit
a Bid Securing Declaration that is an
undertaking which states, among others,
that the bidder shall enter into contract
with the procuring entity and furnish the
required performance security within ten
(10) calendar days, or less, as indicated in
the Bidding Documents, from receipt of the
Notice of Award, and committing to pay
the corresponding fine and be suspended
for a period of time from being qualified to
participate in any government activity in
the event it violates any of the conditions
stated therein as required in the guidelines
issued by the GPPB.
A Bid Securing Declaration is an
undertaking which states, among others,
that the bidder shall enter into contract
with the procuring entity and furnish the
required performance security within ten
(10) calendar days, or less, as indicated
in the Bidding Documents, from receipt
of the Notice of Award, and committing
to pay the corresponding fine and be
suspended for a period of time from
being qualified to participate in any
government activity in the event it
violates any of the conditions stated
therein as required in the guidelines
issued by the GPPB.
Section 39.2 of the IRR of RA 9184
The performance security shall be in
an amount be equal to a percentage
of the total contract price in
accordance with the following
schedule:
...
For biddings conducted by LGUs, the
prospective bidder may also submit
performance securities in the form of
cashiers/managers check, bank
draft/guarantee, or irrevocable letter
of credit from other banks certified
by the BSP as authorized to issue
such financial instrument.
The procuring entity shall indicate
in the Bidding Documents at least
two (2) acceptable forms of
performance security taken from
two
(2) categories below, that bidders
may opt to use, the amount of which
shall be equal to a percentage of the
total contract price in accordance with
the following schedule:
...
For biddings conducted by LGUs, the
procuring entity may also require
bidders to submit performance
securities in the form of
Philippine Bidding Documents Clause 12.1(b)(i), ITB for Goods and Infrastructure Projects
Unless otherwise indicated in
the BDS, the first envelope
shall contain the following
eligibility and technical
documents:
...
(b) Technical Documents
(i) Bid security in accordance
with ITB Clause 18. If the
Bidder opts to submit the bid
security in the form of:
Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
...
(b) Technical Documents
(i) Bid security in accordance with ITB
Clause 18. If the Procuring Entity
requires the bidders to submit the bid
security in the form of:
AMEND Clauses 12.1(b)(i), 18.1 and 33.2 of
the ITB and BDS of the PBDs for Goods;
Clauses 12.1(b)(i), 18.1 and 32.2 of the ITB
and BDS of the PBDs for Infrastructure
Projects; and Clauses 10.2(a), 15.1 and 31.2
of the ITB and BDS of the PBDs for
Consulting Services
Philippine Bidding Documents Clause 10.2(a), ITB for Consulting Services

The Technical Proposal shall The Technical Proposal shall

contain the following
information/documents:
(a) Bid security as prescribed
in ITB Clause 15. If the Bidder
opts to submit the bid security
in the form of:
contain the following
information/documents:
(a) Bid security as prescribed
in ITB Clause 15. If the
Procuring Entity requires
the bidders to submit the
bid security in the form of:
Philippine Bidding Documents Clause 18.1, ITB for Goods and Infrastructure Projects Clause
15.1, ITB for Consulting Services
The bid security in the amount stated
in the BDS shall be equal to the
percentage of the ABC in accordance
with the following schedule:
For biddings conducted by LGUs, the
prospective bidder may also submit
bid securities in the form of
cashiers/managers check, bank
draft/guarantee, or irrevocable letter
of credit from other banks certified
by the BSP as authorized to issue
such financial instrument.
The procuring entity shall
prescribe in the BDS the
acceptable forms of bid security
that bidders may opt to use, which
shall include the Bid Securing
Declaration and at least one (1)
other form, the amount of which shall
be equal to a percentage of the ABC in
accordance with the following schedule:
For biddings conducted by LGUs, the
procuring entity may also require
bidders to submit bid securities in
the form of
Philippine Bidding Documents Clause 33.2, ITB for Goods; Clause 32.2, ITB for
Infrastructure Projects Clause 31.1, ITB for Consulting Services

The performance security shall The procuring entity shall

be denominated
in Philippine Pesos and posted
in favor of the Procuring Entity
in an amount equal to the
percentage of the total
contract price in accordance
with the following schedule:
prescribe at least two (2)
acceptable forms of
performance security taken
from two (2) categories
below that bidders may opt
to use, denominated in
Philippine Pesos and posted in
favor of the Procuring Entity...
Philippine Bidding Documents Clause 18.1, BDS for Goods and Infrastructure
Projects Clause 15.1, BDS for Consulting Services

The bid security shall be in the The bid security shall be

following amount:
Declaration and at least
3. Any combination of the
foregoing proportionate to the
share of form with respect to
total amount of security.
limited to Bid Securing
one (1) other form in
accordance with the
following amount:
3. Any combination of the
foregoing proportionate to the
share of form with respect to
total amount of security.
Section 34.2 of the IRR of RA 9184 (30-2013)
34.2. Within three (3) calendar days from receipt
by the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
a) Tax clearance;
b) Latest income tax returns;
c) Certificate of PhilGEPS Registration, provided
that participating bidders should register with
the PhilGEPS prior to bid opening; and
d) Other licenses and permits required by law
and stated in the Bidding Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
34.2. Within three (3) calendar days from receipt by the
bidder of the notice from the BAC that the bidder has
the Lowest Calculated Bid or Highest Rated Bid, the
bidder shall submit the following documentary
requirements to the BAC:
a) Latest income and business tax returns;
b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the procuring
entity is a Philippine foreign office or post,
provided that participating bidders should
register with the PhilGEPS prior to bid opening;
and
c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
Failure to submit the above requirements on time or a
finding against the veracity of such shall be ground for
the forfeiture of the bid security and disqualify the
bidder for award.
Section 54.6 of the IRR of RA 9184

54.6. Manufacturers, suppliers, distributors,

contractors, and/or consultants are mandated to
register with PhilGEPS and provide a PhilGEPS
Registration number in the following alternative
methods of procurement as a condition for award
of the contract:
(a) Section 49 Limited Source Bidding
(b) Section 50 Direct Contracting
(c) Section 51 Repeat Order
(d) Section 52.1 (b) Shopping for Ordinary Office Supplies
and Equipment not available in the Procurement Service
(e) Section 53.1 Two Failed Bidding
INLCUDE a new provision relative to the requirement of
PhilGEPS Registration in Alternative Methods of
Procurement under Section 54.6 of the IRR of RA 9184
(f) Section 53.3 Take Over of Contracts
(g) Section 53.4 Adjacent and Contiguous
(h) Section 53.9 Small Value Procurement
(i) Section 53.10 Lease of Real Property
(j) Section 53.11 NGO Participation
Section 54.6 of the IRR of RA 9184

EXCEPT for the following:

(a) Section 52.1 (a) Shopping under
Unforeseen Contingency
(b) Section 53.2 Emergency Cases
(c) Section 53.5 Agency to Agency
Agreements
(d) Section 63.6 Procurement Agent
(except private procurement agents)
(e) Section 53.7 Highly Technical
Consultants
(f) Section 53.8 Defense Cooperation
Agreement
(g) Section 53.12 Community Participation
(h) Section 53.13 United Nations Agency
Section 23.2 of the IRR of RA 9184 (04-2014)
Subject to Section 37.1 of this IRR, in the
case of foreign bidders, the foregoing
eligibility requirements under Class A
Documents may be substituted by the
appropriate equivalent documents, if any,
issued by the country of the foreign
bidder concerned. The eligibility
requirements or statements, the bids, and
all other documents to be submitted to
the BAC must be in English. A translation
of the documents in English certified by
the appropriate embassy or consulate in
the Philippines must accompany the
eligibility requirements under Class A
and B Documents if they are in other
foreign language.
Subject to Section 37.1 of this IRR, in the case of foreign
bidders, the foregoing eligibility requirements under
Class A Documents may be substituted by the
appropriate equivalent documents, if any, issued by the
country of the foreign bidder concerned. The eligibility
requirements or statements, the bids, and all other
documents to be submitted to the BAC must be in
English. If the eligibility requirements or
statements, the bids, and all other documents
submitted to the BAC are in foreign language
other than English, it must be accompanied by a
translation of the documents in English. The
documents shall be translated by the relevant
foreign government agency, the foreign
government agency authorized to translate
documents, or a registered translator in the
foreign bidders country; and shall be
authenticated by the appropriate Philippine
foreign service establishment/post or the
equivalent office having jurisdiction over the
foreign bidders affairs in the Philippines.
Section 24.2 of the IRR of RA 9184
In the case of foreign consultants, the
foregoing eligibility requirements under
Class A Documents may be substituted
by the appropriate equivalent
documents, if any, issued by the foreign
consultants country. The eligibility
requirements or statements, the bids,
and all other documents to be submitted
to the BAC must be in English. A
translation of the documents in English
certified by the appropriate embassy or
consulate in the Philippines must
accompany the eligibility requirements
under Class A and B Documents if
they are in other foreign language.
In the case of foreign consultants, the foregoing
eligibility requirements under Class A Documents
may be substituted by the appropriate equivalent
documents, if any, issued by the foreign consultants
country. The eligibility requirements or statements,
the bids, and all other documents to be submitted to
the BAC must be in English. If the eligibility
requirements or statements, the bids, and all
other documents submitted to the BAC are in
foreign language other than English, it must be
accompanied by a translation of the documents
in English. The documents shall be translated
by the relevant foreign government agency, the
foreign government agency authorized to
translate documents, or a registered translator
in the foreign bidders country; and shall be
authenticated by the appropriate Philippine
foreign service establishment/post or the
equivalent office having jurisdiction over the
foreign bidders affairs in the Philippines.
Philippine Bidding Documents Clause 11, ITB for Goods and Infrastructure Projects
The bid, as well as all correspondence
and documents relating to the bid
exchanged by the Bidder and the
Procuring Entity, shall be written in
English. Supporting documents and
printed literature furnished by the
Bidder may be in another language
provided they are accompanied by an
accurate translation in English
certified by the appropriate embassy
or consulate in the Philippines, in
which case the English translation
shall govern for purposes of
interpretation of the bid.
The bid, as well as all correspondence and
documents relating to the bid exchanged by the
Bidder and the Procuring Entity, shall be written in
English. If the eligibility requirements or
statements, the bids, and all other documents
submitted to the BAC are in foreign language
other than English, it must be accompanied by
a translation of the documents in English. The
documents shall be translated by the relevant
foreign government agency, the foreign
government agency authorized to translate
documents, or a registered translator in the
foreign bidders country; and shall be
authenticated by the appropriate Philippine
foreign service establishment/post or the
equivalent office having jurisdiction over the
foreign bidders affairs in the Philippines. The
English translation shall govern, for purposes
of interpretation of the bid.
Philippine Bidding Documents Clause 2.3, Eligibility Documents for Consulting Services
Clause 2.3. The eligibility
requirements or statements
and all other documents to be
submitted to the BAC must be
in English. A translation of the
documents in English certified
by the appropriate embassy or
consulate in the Philippines
must accompany the eligibility
requirements under Classes
A and B Documents if they
are in other foreign language.
Clause 2.3. The eligibility requirements or
statements and all other documents to be
submitted to the BAC must be in English. If the
eligibility requirements or statements, the
bids, and all other documents submitted
to the BAC are in foreign language other
than English, it must be accompanied by a
translation of the documents in English.
The documents shall be translated by the
relevant foreign government agency, the
foreign government agency authorized to
translate documents, or a registered
translator in the foreign bidders country;
and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent
office having jurisdiction over the foreign
bidders affairs in the Philippines.
Philippine Bidding Documents Clause 9, ITB for Consulting Services
The Bid, as well as all correspondence
and documents relating to the bid
exchanged by the Consultant and the
Procuring Entity, shall be written in
English. Supporting documents and
printed literature furnished by the
Consultant may be in another
language provided they are
accompanied by an accurate
translation in English certified by the
appropriate embassy or consulate in
the Philippines, in which case the
English translation shall govern, for
purposes of interpretation of the bid.
The Bid, as well as all correspondence and
documents relating to the bid exchanged by the
Consultant and the Procuring Entity, shall be written
in English. If the eligibility requirements or
statements, the bids, and all other documents
submitted to the BAC are in foreign language
other than English, it must be accompanied by
a translation of the documents in English. The
documents shall be translated by the relevant
foreign government agency, the foreign
government agency authorized to translate
documents, or a registered translator in the
foreign bidders country; and shall be
authenticated by the appropriate Philippine
foreign service establishment/post or the
equivalent office having jurisdiction over the
foreign bidders affairs in the Philippines. The
English translation shall govern, for purposes
of interpretation of the bid.
Section 5 Guidelines on the Use of Bid Securing Declaration
(15-2014)

GROUNDS FOR ENFORCEMENT OF BID GROUNDS FOR ENFORCEMENT

SECURING DECLARATION.
The Bid Securing Declaration shall be OF BID SECURING
enforced when the bidder commits any of DECLARATION.
the following:
The Bid Securing Declaration
a) Withdraws its bid during the period of bid
validity required in the bidding documents; shall be enforced when the
or bidder commits any act
resulting to the forfeiture
b) Fails or refuses to accept the award and
enter into contract or perform any and all
of bid security under
the act necessary to the execution of the Sections 23.1(b), 34.2, 40.1
contract, in accordance with the bidding and 69.1, except 69.1(f), of
documents, after having been duly notified
of the acceptance of its Bid during the the IRR of RA 9184.
period of bid validity.
Section 6 Guidelines on the Use of Bid Securing Declaration
PENALTIES
Commission of any of the acts mentioned in Section 5
of these Guidelines shall merit the following sanctions:
a) Penalty of automatic blacklisting for two (2) years in
all government procurement activities;
b) Payment of fine equivalent to the amount subject to
the following rules:
i) In case of multiple bidders, the difference between
the evaluated bid prices of the bidder with the Lowest
Calculated/Highest Rated Bid and the bidder with the
next Lowest Calculated/Highest Rated Bid, and so on.
However, as regards the bidder with the highest
calculated/lowest rated bid, the amount shall be based
on the difference between the evaluated bid price and
the Approved Budget for the Contract;
ii) In case of a single bidder, the difference between
the evaluated bid price and the Approved Budget for
the Contract.
PENALTIES
Commission of any of the acts mentioned in Section 5 of these Guidelines
shall merit the following sanctions:
b) Penalty of automatic blacklisting for two (2) years in all government
procurement activities;
c) Payment of fine equivalent to the amount subject to the following
rules:
i) In case of multiple bidders:
Two Percent (2%) of the Approved Budget for the Contract (ABC)
or the Difference between the evaluated bid prices of the bidder
with the Lowest Calculated/Highest Rated Bid and the bidder
with the next Lowest Calculated/Highest Rated Bid, and so on,
whichever is HIGHER;
As regards the bidder with the Highest Calculated/Lowest Rated
Bid, the amount shall be Two Percent (2%) of the ABC or the
Difference between the evaluated bid price and the ABC,
whichever is HIGHER;
ii) In case of a single bidder:
Two Percent (2%) of the ABC or the Difference between the
evaluated bid price and the Approved Budget for the Contract,
whichever is HIGHER.
iii) Violations committed prior to opening of financial envelope:
A fix amount equivalent to two percent (2%) of the ABC.
iv) The bidder shall pay the above-mentioned fine within fifteen
(15) days from receipt of the written demand by the procuring
entity as a result of the violation of the conditions in the Bid
Securing Declaration.
v) The imposition of the foregoing fine is without prejudice to
other legal action the government may undertake against the
Paragraph 2 of the Standard Format of Bid Securing
Declaration
2. I/We accept that: (a) I/we will be automatically
disqualified from bidding for any contract with any
procuring entity for a period of two (2) years upon
receipt of your Blacklisting Order; and, (b) I/we will
pay the applicable fine provided under Section 6
of the Guidelines on the Use of Bid Securing
Declaration, if I/we have committed any of the
following actions:
(i) Withdrawn my/our Bid during the period of bid
validity required in the Bidding Documents; or
(ii) Fail or refuse to accept the award and enter
into contract or perform any and all acts
necessary to the execution of the Contract, in
accordance with the Bidding Documents after
having been notified of your acceptance of our Bid
during the period of bid validity.
2. I/We accept that: (a) I/we will be
automatically disqualified from bidding for
any contract with any procuring entity for a
period of two (2) years upon receipt of your
Blacklisting Order; and, (b) I/we will pay the
applicable fine provided under Section 6 of
the Guidelines on the Use of Bid Securing
Declaration, within fifteen (15) days
from receipt of the written demand by
the procuring entity for the
commission of acts resulting to the
enforcement of the bid securing
declaration under Sections 23.1(b),
34.2, 40.1 and 69.1, except 69.1(f), of
the IRR of RA 9184; without prejudice
to other legal action the government
may undertake.
Section 23.1(a)(iv) of the IRR of RA 9184 (16-2014)
Statement of the prospective bidder of all its
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, within the relevant period as
provided in the Bidding Documents; and
Statement identifying the bidders single
largest completed contract similar to the
contract to be bid, except under conditions
provided for in Sec. 23.5.1.3 of this IRR,
within the relevant period as provided in the
Bidding Documents in the case of goods.
All of the above statements shall include all
information required in the PBDs prescribed
by the GPPB.
Statement of the prospective bidder of all
its 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; and
Statement identifying the bidders single
largest completed contract similar to the
contract to be bid, except under conditions
provided for in Sec. 23.5.1.3 of this IRR,
within the relevant period as provided in
the Bidding Documents in the case of
goods.
All of the above statements shall include
all information required in the PBDs
prescribed by the GPPB.
Philippine Bidding Documents Clause 12.1, ITB for Goods
Unless otherwise indicated in the BDS,
the first envelope shall contain the
following eligibility and technical
documents:
(a) Eligibility Documents
Class A Documents:
(iii) Statement of all its ongoing and
completed government and private
contracts within the period stated in the
BDS, including contracts awarded but not
yet started, if any. The statement shall
include, for each contract, the following
Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility and
technical documents:
(a) Eligibility Documents
Class A Documents:
(iii) Statement of all its 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; and
Statement identifying the bidders single
largest completed contract similar to the
contract to be bid, except under conditions
provided for in Sec. 23.5.1.3 of the IRR, within
the relevant period as provided in the BDS.
The statement shall include, for each contract, the
following
Philippine Bidding Documents Clause 12.1(a)(iii), BDS for Goods
The statement of all ongoing
and completed government
and private contracts shall
include all such contracts
within [state relevant period as
provided in the Invitation to
Bid] prior to the deadline for
the submission and receipt of
bids.
The statement of all ongoing
government and private
contracts shall include all such
contracts within [state relevant
period as provided in the
Invitation to Bid] prior to the
deadline for the submission
and receipt of bids.
DELETE and completed
Philippine Bidding Documents No. 2, IB for Infrastructure
Projects
The [insert name of Procuring Entity]
now invites bids for [insert brief
description of Works to be procured].
Completion of the Works is required
[insert the required completion date
or expected contract duration].
Bidders should have completed,
within ten (10) years from the
date of submission and receipt
of bids, a contract similar to the
Project. The description of an eligible
bidder is contained in the Bidding
Documents, particularly, in Section
II. Instructions to Bidders.
The [insert name of Procuring
Entity] now invites bids for [insert
brief description of Works to be
procured]. Completion of the
Works is required [insert the
required completion date or
expected contract duration].
Bidders should have completed a
contract similar to the Project. The
description of an eligible bidder is
contained in the Bidding
Documents, particularly, in Section
II. Instructions to Bidders.
Philippine Bidding Documents Clause 5.4.(a), ITB for Infrastructure Projects
Unless otherwise provided in
the BDS, the Bidder must have
completed, within ten (10)
years from the submission
of bids, a single contract that
is similar to this Project,
equivalent to at least fifty
percent (50%) of the ABC
adjusted to current prices
using the National Statistics
Office consumer price index.
Clause 5.4.(a) Unless
otherwise provided in the BDS,
the Bidder must have
completed a single contract
that is similar to this Project,
equivalent to at least fifty
percent (50%) of the ABC
adjusted to current prices
using the National Statistics
Office consumer price index.
Philippine Bidding Documents Clause 12.1, ITB for Infrastructure Projects
Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
(b) Eligibility Documents
Class A Documents:
(iii) Statement of all its ongoing government
(iv) Statement of all its ongoing and
completed government and private
contracts within 10 years from the
submission of bids, including contracts
awarded but not yet started, if any. The
statement shall include, for each contract,
the following
Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility
and technical documents:
(a) Eligibility Documents
Class A Documents:
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; and
Statement identifying the bidders single
largest completed contract similar to the
contract to be bid.
The statement shall include, for each contract,
the following
Section 34.2 of the IRR of RA 9184 (23-2014)
Within three (3) calendar days from
receipt by the bidder of the notice
from the BAC that the bidder has the
Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the
following documentary requirements
to the BAC:
a) Latest income and business tax
returns;
b) Certificate of PhilGEPS
Registration; and,
c) Other appropriate licenses and
permits required by law and stated in
the Bidding Documents...
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or
Highest Rated Bid, the bidder shall submit the
following documentary requirements to the
BAC:
a) Latest income and business tax returns;
b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the
procuring entity is a Philippine foreign
office or post, provided that
participating bidders should register
with the PhilGEPS prior to bid opening;
and
c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents
Philippine Bidding Documents Clause 29.2, ITB for Goods Clause 28.2, ITB for
Infrastructure Projects
Within a non-extendible period of
three (3) calendar days from receipt
by the bidder of the notice from the
BAC that it submitted the LCB, the
Bidder shall submit the following
documentary requirements:
(a) Latest income and business tax
returns in the form specified in the
BDS;
(b) Certificate of PhilGEPS
Registration; and
(c) Other appropriate licenses and
permits required by law and stated in
the BDS
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of
the notice from the BAC that it submitted
the LCB, the Bidder shall submit the
following documentary requirements:
(a) Latest income and business tax returns
in the form specified in the BDS;
(b) Certificate of PhilGEPS Registration
or PhilGEPS Registration Number if the
procuring entity is a Philippine foreign
office or post, provided that
participating bidders should register
with the PhilGEPS prior to bid opening;
and
(c) Other appropriate licenses and permits
required by law and stated in the BDS
Philippine Bidding Documents Clause 27.2, ITB for Consulting Services
Within a non-extendible period of
three (3) calendar days from receipt
by the Consultant of the notice from
the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Latest income and business tax
returns in the form specified in the
BDS;
(b) Certificate of PhilGEPS
Registration; and
(c) Other appropriate licenses and
permits required by law and stated in
the BDS
Within a non-extendible period of three (3)
calendar days from receipt by the
Consultant of the notice from the BAC that
it is the HRB, the Consultant shall submit
the following documentary requirements:
(a) Latest income and business tax returns
in the form specified in the BDS;
(b) Certificate of PhilGEPS Registration
or PhilGEPS Registration Number if the
procuring entity is a Philippine foreign
office or post, provided that
participating bidders should register
with the PhilGEPS prior to bid opening;
and
(c) Other appropriate licenses and permits
required by law and stated in the BDS
Section 23.1(b) of the IRR of RA 9184 (29-2014)
Class B Document
Valid joint venture agreement (JVA), in case
the joint venture is already in existence. In
the absence of a JVA, duly notarized
statements from all the potential joint
venture partners stating that they will enter
into and abide by the provisions of the JVA in
the instance that the bid is successful shall
be included in the bid. Failure to enter into a
joint venture in the event of a contract award
shall be ground for the forfeiture of the bid
security. Each partner of the joint venture
shall submit the legal eligibility documents.
The submission of technical and financial
eligibility documents by any of the joint
venture partners constitutes compliance.
Class B Document
For goods, valid joint venture agreement (JVA),
in case the joint venture is already in existence.
In the absence of a JVA, duly notarized
statements from all the potential joint venture
partners stating that they will enter into and
abide by the provisions of the JVA in the instance
that the bid is successful shall be included in the
bid. Failure to enter into a joint venture in the
event of a contract award shall be ground for the
forfeiture of the bid security. Each partner of the
joint venture shall submit the legal eligibility
documents. The submission of technical and
financial eligibility documents by any of the joint
venture partners constitutes compliance.
For infrastructure projects, JV bidders shall
submit a JVA in accordance with RA 4566
and its IRR.
Philippine Bidding Documents Clause 12.1(a)(viii), ITB for Infrastructure
Projects

Class B Document Class B Document

If applicable, valid Joint If applicable, valid Joint
Venture Agreement (JVA) or, in Venture Agreement (JVA)
lieu thereof, duly notarized shall be included in the bid.
statements from all
potential joint venture
partners stating that they
will enter into and abide by
the provisions of the JVA in
the instance that the bid is
successful shall be included
in the bid.
Philippine Bidding Documents Clause 30.3(a)(i), ITB for Infrastructure Projects
Notwithstanding the issuance of the Notice of Award,
award of contract shall be subject to the following
conditions:
(a) Submission of the following documents within the
prescribed period from receipt by the Bidder of the
notice that it has the Lowest Calculated and
Responsive Bid:
(i) Valid JVA, if applicable, within ten (10)
calendar days;
(ii) Valid PCAB license and registration for the type
and cost of the contract to be bid for foreign bidders,
within thirty (30) calendar days, if allowed under a
Treaty, International or Executive Agreement
mentioned in ITB Clause 12.1(a)(iv);
(b) Posting of the performance security in accordance
with ITB Clause 32;
(c) Signing of the contract as provided in ITB Clause
31; and
(d) Approval by higher authority, if required.
Notwithstanding the issuance of the Notice of
Award, award of contract shall be subject to the
following conditions:
(a) Submission of the following documents
within the prescribed period from receipt by the
Bidder of the notice that it has the Lowest
Calculated and Responsive Bid:
(i) Valid PCAB license and registration for the
type and cost of the contract to be bid for
foreign bidders, within thirty (30) calendar
days, if allowed under a Treaty, International
or Executive Agreement mentioned in ITB
Clause 12.1(a)(iv);
(b) Posting of the performance security in
accordance with ITB Clause 32;
(c) Signing of the contract as provided in ITB
Clause 31; and
(d) Approval by higher authority, if required.
Section 23.5.1.2(b) of the IRR of RA 9184 (34-2014)
b) When the foreign supplier is
a citizen, corporation or
association of a country,
included in Annex I to be
issued by the GPPB, the
laws or regulations of which
grant reciprocal rights or
privileges to citizens,
corporations or associations of
the Philippines;
b) When the foreign supplier is
a citizen, corporation or
association of a country, the
laws or regulations of which
grant reciprocal rights or
privileges to citizens,
corporations or associations of
the Philippines;
Section 7.2 of the Guidelines in the Determination of Eligibility of Foreign Bidders

The procuring entity shall confirm from the
list of countries, provided in Annex I of
the IRR and as shown in the GPPB website,
with which the Philippines enjoys
reciprocal rights on matters of eligibility of
its nationals in public procurement abroad.
Pending the issuance of the list or in case
the foreign bidders country is not in said
list, the bidder claiming eligibility by
reason of their countrys extension of
reciprocal rights to Filipinos shall submit a
certification from the relevant government
office of their country stating that Filipinos
are allowed to participate in their
government procurement activities for the
same item/product.
The bidder claiming eligibility
by reason of their countrys
extension of reciprocal rights
to Filipinos shall submit a
certification from the relevant
government office of their
country stating that Filipinos
are allowed to participate in
their government procurement
for the same item/product.