PUBLIC BIDDING CHECKLIST FOR PROCUREMENT OF INFRASTRUCTURE PROJECTS

Public Bidding Checklist for Infrastructure Projects

PUBLIC BIDDING CHECKLIST For Procurement of Infrastructure Projects through Competitive Public Bidding PROCEDURE Preprocurement Conference (IRR Section 20) ACTIVITY For Approved Budget for the Contract (ABC) costing more than five million pesos: Did the BAC call for a preprocurement conference? Is the procurement in accordance with the project and annual procurement plan? Except for design and build schemes, was a detailed engineering carried out in accordance with the standards and specifications prescribed by the head of the procuring entity concerned or his duly authorized representative? Is the procurement ready in terms of availability of ROW, if required, appropriations and programmed budget for the contract, adherence of bidding documents, technical plans, specifications, among others? Are the criteria for eligibility screening of the pass/fail type? Did the BAC finalize and approve the criteria for evaluation of bids? (eg. number and type of equipment required, personnel and years of experience required) YES / NO OBSERVATION

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

Advertising and Contents of the Invitation to bid (IRR Section 21)

Completeness of advertisement

list deficiencies, if any YES / NO

1. Name and location of contract to be bid, project background including brief description of the type, size, major items of the works, among others
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Public Bidding Checklist for Infrastructure Projects

2. General statement on the criteria for eligibility check, examination and evaluation of bids, and post-qualification 3. Date, time, and place of the deadline for the submission and receipt of eligibility requirements and Letter of Intent, the pre-bid conference, the submission and receipt of bids, and the opening of bids 4. The Approved Budget for the Contract (ABC) 5. Source of funding

YES

NO

YES / NO (indicate date, time and place)

YES / NO (indicate amount) YES / NO (indicate source of funds) YES / NO (indicate period, place and price)

6. Period of availability of bidding documents, place where they may be secured, and price of bidding documents, where applicable 7. Contract duration

YES / NO (indicate contract duration) YES / NO (indicate details)

8. Name, address, telephone number, fax number, e-mail and website addresses as well as designated contact persons

For ABC costing more than five million pesos: Was the advertisement published YES / NO twice within a maximum period of (indicate dates fourteen (14) calendar days with a publication) minimum period of six (6) calendar days between publications? Was it published in a newspaper of general nationwide circulation in existence for at least 2 years? Was it continuously posted in the YES / NO (indicate newspaper)

of

YES

NO

Public Bidding Checklist for Infrastructure Projects

website of procuring entity, if available, during the same period of advertisement in the newspaper? Was it continuously posted in the G-EPS during the same period of advertisement in the newspaper? Was it continuously posted in a conspicuous place in the premises of the procuring entity, as certified by the Head of the BAC Secretariat of the procuring entity concerned, during the same period of advertisement in the newspaper? YES / NO

YES

NO

For ABC costing five million pesos and below: Was it continuously posted in the website of procuring entity, if available, for a maximum period of fourteen (14) calendar days? Was it continuously posted in the G-EPS for a maximum period of fourteen (14) calendar days? Was it continuously posted in a conspicuous place in the premises of the procuring entity, as certified by the Head of BAC Secretariat of the procuring entity concerned, for a maximum period of fourteen (14) calendar days? YES / NO

YES

NO

YES

NO

Letter of Intent for the Procurement of Infrastructure Projects (IRR Section 21.3)

Is there a registry of contractors in the procuring entity? If the answer above is YES, is the prospective bidder registered with the procuring entity? If the answer above is YES, is the prospective bidders registration current and updated in the G-EPS electronic registry, or the procuring entitys electronic registry already

YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

existing upon the effectivity of the Act and that allows electronic submission and/or recording/entry of eligibility requirements simultaneously with registration? If the prospective bidders registration is not updated, did the bidder submit its updated documents? After the BAC verified proper submission of all registration requirements, did the BAC issue a certification of official registration? Was the above-mentioned certification submitted to the procuring entity in lieu of the Class A documents? (IRR Section 23.6.1) Did the prospective bidder submit a Letter of Intent (LOI) to participate in the bidding? If the answer above is YES, was the LOI received not later than seven (7) calendar days after the last day of the period for advertising and/or posting of the Invitation to Apply for Eligibility and to Bid? YES / NO

YES

NO

YES

NO

YES

NO

YES

NO

Eligibility Requirements for the Procurement of Infrastructure Projects (IRR Section 23)

Did the procuring entity use standard forms/checklist of necessary documents for eligibility as prescribed by the Government Procurement Policy Board? Were the eligibility requirements or statements submitted to the BAC in the form prescribed in the IRR Section 23.6 and in the Instruction to Bidders? (Class A & B Documents) Did the procuring entity use the non-discretionary pass/fail criteria for determining eligibility, based on

YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

the submission of the required documents? (IRR Section 23.6) Eligible Participants for Procurement of Infrastructure: In case of sole proprietorships, are the bidders duly licensed and Filipino citizens? In case of partnerships, are they duly organized under the laws of the Philippines and of which at least seventy-five percent (75%) of the interest belongs to Filipino citizens? In case of corporations, are they duly organized under laws of the Philippines and of which at least seventy-five percent (75%) of the outstanding capital stock belongs to Filipino citizens? In case of entities forming themselves into a joint venture, is the interest of the Filipino partner in the joint venture concerned at least seventy-five percent (75%) Filipino-owned? Where the structures to be built require the application of techniques and/or technologies, which are not adequately possessed by a person/entity meeting the seventy-five percent (75%) Filipino ownership requirement, is the Filipino ownership or interest not less than twenty- five percent (25%)? In case of cooperatives, are they duly registered with the Cooperatives Development Authority (CDA)? Was the person/entity issued a license by the Philippine
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YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

Contractors Accreditation Board (PCAB) to engage in the construction business? In the case of foreign contractors, did they substitute the eligibility requirements under Class A Documents with the appropriate equivalent documents issued by the country of the foreign contractor concerned? (IRR Section 23.7) Did the Philippine Consulate duly acknowledge or authenticate the abovementioned documents? YES / NO

YES

NO

Is the value of the prospective bidders largest single completed contract, adjusted to current prices using the National Statistics Office consumer price indices, and similar to the contract to be bid, at least fifty percent (50%) of the approved budget? Is the Contractors Performance Evaluation System (CPES) rating, and/or certificate of completion and owners acceptance of the contract satisfactory? (IRR Section 23.11.2.4) Did the prospective bidder present any of the following: A commitment from a licensed bank to extend to it a credit line of at least ten percent (10%) of the ABC, if awarded the contract; 2. Cash deposit certificate in an amount not lower than that set by the procuring entity in the bidding documents, which shall be at least equal to ten percent (10%) of the ABC; 3. Net Financial Contracting
8

YES

NO

YES

NO

YES / NO (indicate form and amount)

1.

Public Bidding Checklist for Infrastructure Projects

Capacity (NFCC), which must at least be equal to the ABC Did the prospective bidder or its duly authorized representative certify under oath that each of the documents submitted is an original copy or a true and faithful reproduction or copy of the original and that all information contained therein is true and correct? Did the prospective bidders submit their eligibility envelopes on or before the deadline and at the place specified in the Invitation to Apply for Eligibility and to Bid? Were there prospective bidders who submitted their eligibility envelopes after the deadline? If the answer above is YES, did the BAC reject the said submission? Did the BAC open the eligibility envelopes on the date, time and place specified in the Invitation to apply for Eligibility and to Bid? Did the BAC use the nondiscretionary pass/fail criteria for the eligibility check of prospective bidders? In case one or more of the required documents for the eligibility envelope of a prospective bidder is missing, incomplete, or patently insufficient, did the BAC declare said prospective bidder as ineligible? If a prospective bidder is rated passed for all the eligibility requirements, is he immediately considered eligible to participate in the bidding? YES / NO

YES

NO

YES

NO

YES

NO

YES / NO (indicate date, time and place)

YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

Did the BAC declare which prospective bidders are eligible and which are ineligible? Did the procuring entity inform in writing the prospective bidders of their eligibility or ineligibility?

YES

NO

YES

NO

If a prospective bidder is found ineligible, were the grounds for its ineligibility stated in the written notice above? In case a prospective bidder determined as ineligible wishes to file a request for reconsideration with the BAC, either verbally during the time of the eligibility check or in writing within seven (7) calendar days upon written notice, was the request for reconsideration due to the fault of the bidder? If the answer above is YES, did the BAC consider the request for reconsideration? Upon receipt of the request for reconsideration, did the BAC resolve the matter within seven (7) calendar days from receipt thereof?

YES

NO

YES

NO

YES

NO

YES

NO

Pre-bid Conference (IRR Section 22)

Is the ABC one million pesos or more? If the answer above is YES, did the procuring entity hold at least one (1) pre-bid conference? If the answer above is YES, was the pre-bid conference held at least twelve (12) calendar days before the deadline for the submission and receipt of bids? Were the minutes of the pre-bid conference recorded and made

YES / NO (indicate amount) YES / NO

YES / NO (indicate date)

YES

NO

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Public Bidding Checklist for Infrastructure Projects

available to all participants not later than three (3) calendar days after the pre-bid conference? Did an eligible bidder submit a written request for an interpretation or clarification to the BAC? If the answer above is YES, was it submitted at least ten (10) calendar days before the deadline set for the submission and receipt of bids? Were there any statements in the pre-bid conference, which modified the terms of the bidding documents? If the answer above is YES, were these specifically identified in writing and issued as a Supplemental/Bid Bulletin to the bid documents and sent to all parties who have secured the bid documents? (IRR Section 22.5) Did the BAC respond through Supplemental/Bid Bulletin issued at least seven (7) calendar days before the deadline for the submission and receipt of bids? Were the Supplemental/Bid Bulletins posted in the website of the procuring entity as well as in the G-EPS? (IRR Section 22.5.3) YES / NO

YES

NO

YES

NO

YES

NO

YES / NO (indicate dates)

YES / NO (indicate date)

Submission and Receipt of Bids (IRR Section 25)

Did the bidder submit their bid envelopes, sealed and duly marked, on or before the deadline and at the places specified in the Invitation to Apply for Eligibility and to Bid and the Bidding Documents? Were there bidders who submitted their bid envelopes after the deadline?

YES

NO

YES

NO

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Public Bidding Checklist for Infrastructure Projects

If the answer above is YES, did the BAC reject the said submission? Were the technical and financial bids submitted in two (2) separate sealed bid envelopes, and contained in one outer envelope?

YES

NO

YES

NO

Modification and Withdrawal of Bids (IRR Section 26)

In case a bidder modified its bid, was the modification done before the deadline for the submission and receipt of bids? In case a bidder modified its bid, did the BAC allow the bidder to retrieve its original bid? In case a bidder modified its bid, was the bid envelope marked modification to distinguish it from its original bid? In case a bidder withdrew its bid, was the letter of withdrawal submitted before the deadline for the submission and receipt of bids? In case the bidder withdrew its bid, did the BAC allow the bidder to submit another bid, directly or indirectly for the same contract? In case a bidder did not participate in the bidding, was such nonparticipation done in writing and before the deadline for the receipt of bids?

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

Bid Opening (IRR Section 29)

Did the BAC open the bids at the date, time and place specified in the Invitation to Apply for Eligibility and to Bid and as stated in the bidding documents? Did all the bidders or their duly authorized representatives attend

YES / NO (indicate date, time, and place)

YES

NO

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Public Bidding Checklist for Infrastructure Projects

the opening of bids? Were all pages of the original copy of all bids received and opened required to be initialed by all members of the BAC or their duly authorized representatives present during bid opening? Were the minutes of the bid opening prepared and made available to the public upon written request and payment of specified fee? YES / NO

YES

NO

Preliminary Examination of Bids (IRR Section 30)

Were the first envelopes opened in public for the purpose of determining the bidders compliance with the requisites therefor? Was a checklist of the required documents specified in the IRR Section 25.3 prepared by the procuring entity, and were the submitted documents checked against said checklist to ascertain if they are all present in the first bid envelope? Did the bids include a bid security in the form prescribed by the procuring entity as stated in IRR Section 27? If the answer above is YES, is the amount of the bid security at least equal to the specified amount as stated in IRR Section 27.2? Were the bids and bid securities valid for a maximum period of 120 calendar days from the opening of bids? In case of failure to enclose the bid security, was the bidder automatically disqualified?

YES

NO

YES

NO

YES / NO (indicate form)

YES / NO (indicate amount)

YES

NO

YES

NO

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Public Bidding Checklist for Infrastructure Projects

In case one or more of the required documents in the first envelope is missing, incomplete or patently insufficient, did the BAC disqualify the concerned bidder outright and immediately return to him the second bid envelope unopened? Did the BAC open only the second envelopes of the bidders who complied with the requirements for the first envelopes? Did the BAC check whether or not the second envelopes contained all the information/documents specified in the IRR Section 25.4? In case one or more of the required documents in the second envelope is missing, incomplete or patently insufficient and/or the submitted total bid price exceeds the approved budget for the contract, did the BAC disqualify the concerned bidder outright and rated the bid as failed? Was there any written notice requesting for reconsideration with the BAC from a bidder whose bid was rated as failed? In case a bidder determined as failed wishes to file a request for reconsideration with the BAC, either verbally during the time of the bid opening or in writing within seven (7) calendar days of bid opening, was the request for reconsideration due to the fault of the bidder? If the answer above is YES, did the BAC consider the request for reconsideration? Upon receipt of the request for

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

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Public Bidding Checklist for Infrastructure Projects

reconsideration, did the BAC resolve the matter within seven (7) calendar days from receipt thereof? In case a bidder that failed to comply with any of the requirements for the first bid envelope filed a motion for reconsideration, did the BAC hold its second bid envelope sealed and unopened until such time the matter is resolved? YES / NO

Bid Evaluation for the Procurement of Infrastructure (IRR Section 32)

The procuring entity determines the Lowest Calculated Bid (LCB) through the following 2-step procedure: YES / NO

1. Did the BAC conduct a detailed evaluation of the financial component of the bids to establish the correct calculated prices of the bids? 2. Was the ranking of the total bid prices calculated from the lowest to the highest in order to determine the LCB? Was the evaluation of bids completed not later than fifteen (15) calendar days from the date of opening of bids? Did the BAC prepare the corresponding Abstract of Bids, which contains the following: 1. Name of the contract and its location, if applicable; 2. Time, date and place of bid opening; and 3. Names of bidders and their corresponding calculated bid prices, arranged from lowest to highest, the amount of bid security and the name of the issuing entity. (IRR Section 32.5)
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YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

Were the Abstract of Bids signed by all BAC members?

YES

NO

PostQualification (IRR Section 34)

Through post-qualification, did the procuring entity ascertain, within seven (7) calendar days from the determination of the LCB, whether the bidder with the LCB complies with and is responsive to all requirements and conditions for eligibility and the bidding contract as specified in the bidding documents? With respect to the legal requirements, did the BAC undertake verification, validation, and ascertainment of the licenses and agreements, among others, submitted by the bidder with the LCB? Did the BAC also undertake verification, validation, and ascertainment that the bidder with the LCB is not included in any Government blacklist? With respect to the technical requirements, did the BAC undertake verification and validation of the following: 1. Competence and experience of the bidder and its key personnel assigned to the project; 2. Availability and commitment and/or inspection and testing of equipment to be used for the duration of the project; 3. Performance of the bidder in its on-going contracts, government and/or private; and

YES

NO

YES

NO

YES

NO

YES

NO

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Public Bidding Checklist for Infrastructure Projects

4. Sufficiency of the bid security as to type, form, amount, wording and validity period. o With respect to the financial requirements, did the BAC undertake the verification and validation of the following: 1. Bid price proposal; 2. Bank commitment to provide credit line to the bidder, if applicable; 3. Bidders stated net worth and liquid assets; 4. Bidders net working capital; 5. Value of outstanding or unfinished works; and 6. Bidders NFCC, whenever applicable Did the bidder with the LCB pass all of the post-qualification criteria/requirements? If the answer above is YES, did the BAC consider him post-qualified and his bid as the Lowest Calculated Responsive Bid (LCRB)? If the bidder with the LCB failed any of the post-qualification criteria/requirements, did the BAC consider him post-disqualified? If the answer above is YES, did the BAC immediately notify him in writing that he is post-disqualified and inform him in the same notice of the grounds for his postdisqualification? In case of post-disqualification, was the post-disqualified bidder given seven (7) calendar days from receipt of the notice of postdisqualification to request for a reconsideration of the decision from the BAC?
17

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

In case of any such request for reconsideration, did the BAC evaluate the request using the same non-discretionary criteria? If the answer above is YES, did the BAC issue its final determination of the said request within seven (7) calendar days from receipt thereof? After the BAC notified the said bidder with the LCB of its postdisqualification, not withstanding any pending request for reconsideration, did the BAC initiate and complete the postqualification on the bidder with the second LCB? Did the second LCB pass postqualification? If the answer above is YES, and in the event that the request for reconsideration of the bidder of the LCB is denied, did the BAC postqualify the second LCB as the bidder with the LCRB? In case the second bidder failed the post-qualification, did the BAC repeat the procedure for postqualification with the next lowest calculated bid and so on, until the LCRB is determined?

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

Notice and Execution of Award (IRR Section 37)

Was the award of contract made YES / NO using the submitted bid price of the (indicate contract price) bidder with the LCRB or the calculated bid price, whichever is lower? In the case of a Single Calculated Responsive Bid as provided in IRR Section 36, was the bidder with the Single Calculated Responsive Bid awarded the contract? YES / NO

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Public Bidding Checklist for Infrastructure Projects

Was the decision whether or not to award the contract made within fifteen (15) calendar days from the determination and declaration by the BAC of the LCRB? In the case of GOCCs and GFIs, was the decision whether or not to award the contract made within thirty (30) calendar days from the determination and declaration by the BAC of the LCRB? Within the same period, did the BAC notify all losing bidders of their decision? Was the contract awarded within the bid validity period? Did it become necessary to extend the validity of bids? Did the winning bidder or its duly authorized representative enter into contract with the procuring entity within ten (10) calendar days from receipt of the notice of award? Was the Notice of Award immediately posted in a conspicuous place within the premises of the procuring entity and in the website of the procuring entity and/or the G-EPS? Did the contract awardee post a performance security, in the form and amount prescribed in IRR Section 39, in favor of the Government within the time specified by the procuring entity after contract signing? Was the performance security in any of the following forms and in accordance with the following schedule:

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES

NO

YES / NO (indicate form and amount)

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Public Bidding Checklist for Infrastructure Projects

1. Cash, certified check, cashiers check, managers check, bank draft, or irrevocable letter of credit 5% of the total contract price 2. Bank guarantee 10% of the total contract price 3. Surety bond, callable on demand issued by surety or insurance companies 30% of the total contract price 4. Any combination thereof 5. Foreign government guarantee 100% of the total contract price In the event of refusal, failure or inability of the bidder with the LCRB to enter into contract with the Government and/or post the required performance security within the time provided, did the procuring entity impose the appropriate sanctions provided for under IRR Section 65.3? In case of refusal, failure or inability of the bidder with the LCRB to enter into contract with the Government and/or post the required performance security within the time provided therefore, did the procuring entity exercise its option to consider for award the bidder with the second LCRB at his submitted bid if the same does not exceed the approved budget of the contract awarded? In case of a subsequent refusal, failure or inability, was the same procedure above followed by the procuring entity until an award was made? When further approval of higher authority is required, did the approving authority for the contract or his duly authorized representative approve or
20

YES

NO

YES

NO

YES

NO

YES

NO

Public Bidding Checklist for Infrastructure Projects

disapprove the contract, within twenty (20) calendar days from the receipt thereof? In the case of GOCCs, did the approving authority for the contract or his duly authorized representative approve or disapprove the contract, within thirty (30) calendar days from the receipt thereof? Did the procuring entity issue the Notice to Proceed together with the copy of the approved contract to the successful bidder, within seven (7) calendar days from the date of approval of the contract? Did the procuring entity review the qualifications of the bidder at any stage of the procurement process and find any grounds for misrepresentation or change in the prospective bidders capability to undertake the project? If the answer above is YES, did it result to the bidders ineligibility/ disqualification from submitting a bid or obtaining an award? Was the procurement process from opening of bids up to the award of contract completed within three (3) months or a shorter period as determined by the procuring entity? YES / NO

YES

NO

YES

NO

YES

NO

YES

NO

Protests on Decisions of the BAC (IRR Section 55)

Was there a protest on the decisions of the BAC with respect to the conduct of the bidding? Was a prior motion for reconsideration filed by the bidder within the reglementary period and the same has been resolved? Was the protest filed within seven

YES

NO

YES

NO

YES

NO

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Public Bidding Checklist for Infrastructure Projects

(7) calendar days from receipt by the bidder of the resolution of the BAC denying its motion for reconsideration? Was the protest in the form of a verified position paper and filed with the head of the procuring entity together with a nonrefundable protest fee in an amount equivalent to no less than one percent (1%) of the ABC? Was the protest resolved by the head of the procuring entity within seven (7) calendar days from receipt thereof? YES / NO (indicate issue(s) and amount)

YES

NO

Failure of Bidding (IRR Section 35)

Did the BAC declare the bidding a failure in any of the following conditions: 1. No prospective bidder submits an LOI or no bids are received; 2. All prospective bidders are declared ineligible; 3. All bids fail to comply with all the bid requirements or fails post-qualification 4. The bidder with the LCRB refuses, without justifiable cause, to accept the award of contract and no award is made in accordance with IRR Section 40

YES / NO (indicate which condition)

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