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3/15/2014

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GOVERNMENT PROCUREMENT ACT
Engineering Law, Ethics, and Contracts
Bids and Awards Committee
5 to 7 members
Members are designated by Head of the
Procuring Entity
Head of Procuring Entity may NOT be a member
of BAC
BAC members have a renewable term of 1 year
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Function
Post invitation to bid
Conduct pre-procurement and pre-bid
conferences
Determine eligibility of prospective bidders
Receive bids
Evaluate bids
Undertake post-qualification proceedings
Recommend award of contract to the Head of
Procuring Entity
Other related functions
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
1. Invitation to Bid
Basic Information of Procurement subject
matter
Methods and Criteria for
Eligibility check
Short listing
Examination and evaluation of bids
Post-qualification
Deadlines
Approved Budget
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
1. Invitation to Bid
Source of Funding
Availability of Bidding Documents
Contract duration
Contact details
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
2. Eligibility
Requirements
Legal Documents
Technical Documents
Financial Documents
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
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Eligible Bidders (Goods)
Filipino citizen / sole proprietorship
Partnerships, corporations, cooperations,
joint ventures of persons/entities
Provided that 60% belongs to Filipino citizens
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Eligible Bidders (Goods)
Foreign bidders, provided that
they are from a country granting reciprocal rights
Goods to be procured are not available from local
suppliers
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Eligible Bidders (Infrastructure)
Filipino citizen / sole proprietorship
Partnerships, corporations, cooperations,
joint ventures of persons/entities
Provided that 75% belongs to Filipino citizens
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Eligible Bidders (Infrastructure)
Filipino citizen / sole proprietorship
Partnerships, corporations, cooperations,
joint ventures of persons/entities
Provided that 75% belongs to Filipino citizens
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Eligible Bidders (Consultation Services)
Filipino citizen / sole proprietorship
Partnerships, corporations, cooperations,
joint ventures of persons/entities
Provided that 60% belongs to Filipino citizens
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Eligible Bidders (Consultation Services)
Foreign consultants
Provided that Filipino consultants do not have the
necessary expertise
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3/15/2014
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3. Modification and Withdrawal
Allowed as long as before the deadline
Original bid may not be retrieved
Modification after the deadline will not be
entertained
Withdrawal after the deadline would result in
sanctions
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Bid Opening
Done immediately after the deadline for
submission and receipt of bids
Done in public to determine compliance with
required documents
Incomplete documents = FAIL
Bid price exceeds ABC = FAIL
Bids are valid until 120 days after the opening of
bids
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Bid Evaluation
Completeness of Bid
Inclusive of VAT
Incomplete Bids = FAIL
Arithmetical Corrections
In case of discrepancies between
Price in figues and in words, the latter is considered
Total price per item and unit price multiplied by
number of items, the latter is considered
Stated total price and actual sum of prices of
components, the latter is considered
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Bid Evaluation
Abstract of Bids
Prepared by BAC
Contains the ff:
Name of contract and location
Time, date, place of bid opening
Name of bidders and corresponding calculated bid
prices, arranged form lowest to highest
Evaluation must be done within 7 calendar
days from receipt of bids
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Bid Evaluation
Quality based Evaluation
Bidders will be ranked based on their technical
proposals
Quality-Cost Based Evaluation Procedure
Bidders will be ranked based on their technical
and financial proposals
Financial proposal 15%-40%
Technical proposal 60%-85%
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Bid Evaluation
Quality based Evaluation
Bidders will be ranked based on their technical
proposals
Quality-Cost Based Evaluation Procedure
Bidders will be ranked based on their technical
and financial proposals
Financial proposal 15%-40%
Technical proposal 60%-85%
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3/15/2014
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3. Bid Evaluation
Quality based Evaluation
Bidders will be ranked based on their technical
proposals
Quality-Cost Based Evaluation Procedure
Bidders will be ranked based on their technical
and financial proposals
Financial proposal 15%-40%
Technical proposal 60%-85%
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Post Qualification
Done for Lowest Calculated Bid/Highest
Rated Bid
Re-checking document compliance
Verify compliance to legal, technical, and
financial requirements
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
3. Post Qualification
If the Lowest Lowest Calculated Bid/Highest
Rated Bid passes, it is recommended to the
Head of the Procuring Entity
If the Lowest Lowest Calculated Bid/Highest
Rated Bid fails, the next in rank will undergo
post-qualification
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB
Failure of Bidding
No bids are received
All prospective bidders are declared ineligible
All bids fail post-qualification
The bidder with the Lowest Calculated
Responsive Bid/Highest Rated Responsive Bid
refuses to accept the awarding of contract,
without justifiable reason
EE 90 ELECTRICAL ENGINEERINGLAW, ETHICS, AND CONTRACTS
Engr. Aryan Paula A. Manalo Department of Electrical Engineering, CEAT, UPLB