Professional Documents
Culture Documents
CONTENT:
• GENERAL MODE OF PROCUREMENT
• COMPETITIVE BIDDING
• STANDARDIZED BIDDING PROCEDURE FOR GOODS AND
INFRA
• I. PRE-PROCUREMENT CONFERENCE
• REFERENCE TO BRAND NAMES
• II. ADVERTISEMENT/POSTING OF THE INVITATION TO BID
• III. PRE-BID CONFERENCE
• CLARIFICATION OF BIDDING DOCUMENTS
• ADDITIONAL REQUIREMENTS
• IV. SUBMISSION AND RECEIPT OF BIDS
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• V. OPENING AND EVALUATION OF 1ST ENVELOPE
• ELIGIBILITY REQUIREMENTS
• MAYOR’S PERMIT
• TAX CLEARANCE
• TAX DELINQUENCY VERIFICATION CERTIFICATE
• COMMITTED LINE OF CREDIT
• NET FINANCIAL CONTRACTING CAPACITY (NFCC)
• STATEMENT OF ON GOING AND COMPLETED CONTRACTS
• PCAB LICENSE
• ELIGIBILITY REQUIREMENTS FOR FOREIGN BIDDERS
• ELIGIBILITY REQUIREMENTS FOR GOVT. CORPORATE ENTITIES
• ELIGIBILITY REQUIREMENTS FOR JOINT VENTURES
• LEGAL ELIGIBILITY CRITERIA
• TECHNICAL ELIGIBILITY CRITERIA
• FINANCIAL ELIGIBILITY CRITERIA
• NFCC COMPUTATION
• BID SECURITY
• BID VALIDITY PERIOD
• DISCLOSURE OF RELATIONS
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VI. OPENING AND EVALUATION OF 2ND ENVELOPE
VII. DETAILED EVALUATION OF BIDS
DOMESTIC PREFERENCE
VIII. POST-QUALIFICATION
RECOMMENDATION OF AWARD
FAILURE OF BIDDING
RESERVATION CLAUSE
IX. AWARD OF CONTRACT
PERFORMANCE SECURITY
NOTICE TO PROCEED
RETENTION MONEY
LIQUIDATED DAMAGES
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GENERAL MODE OF PROCUREMENT
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COMPETITIVE BIDDING
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COMPETITIVE BIDDING
NPM 80-2014
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STANDARDIZED BIDDING PROCEDURE
FOR GOODS AND INFRA
Pre-Procurement Pre-Bid
Advertisement
Conf. Conference
Opening of
Submission of Opening of 2nd
1st Env. - Eligibility
Bids Envelope – Financial
Docs & Technical
Proposal
Proposal
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I. PRE-PROCUREMENT CONFERENCE
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II. ADVERTISEMENT/POSTING OF THE
INVITATION TO BID
Importance:
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II. ADVERTISEMENT/POSTING OF THE
INVITATION TO BID
At least once in one (1) newspaper of general nationwide
circulation, which has been regularly published for at
least two (2) years before advertisement date.
• PhilGEPS
• website of the PE, if any.
• At any conspicuous place in the premises of the
PE.
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II. ADVERTISEMENT/POSTING OF THE
INVITATION TO BID
2M (10M) for
Above 2M (10M)
Goods/ 5M (15M)
Medium for Goods/
for Infra
5M (15M) for Infra
and below
Newspaper of General Nationwide
Circulation
PhilGEPS website
PE’s Website, if available
Conspicuous Place
Website prescribed by the foreign
government/foreign or international
funding institution, in case of foreign
funded procurement
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III. PRE-BID CONFERENCE
Forum where the PE’s representatives & the bidders
discuss the different aspects of the project
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III. PRE-BID CONFERENCE
May be held at least 30 cd before the deadline for the
submission and receipt of bids considering the
following:
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CLARIFICATION OF BIDDING
DOCUMENTS
Supplemental/Bid Bulletins– issued by BAC to answer
requests for clarification (query submitted 10 cd before
deadline) or interpretation, and upon BAC’s initiative to
clarify or modify any provision of Bidding Docs. (at least
7 cd before deadline for bids).
Submitted to the BAC on the date, time, and place specified in the
Invitation to Bid. Bids submitted after the deadline should not be accepted.
Date of submission should not be later than the following period from the
last day of posting of the Invitation to Bid (Sec. 25.4) (Sec. 25.5, 2016 IRR of
RA 9184)
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V. OPENING AND EVALUATION OF
1ST ENVELOPE
CONTENTS:
1. Eligibility requirements (Legal, financial and technical)
2. Bid Security
3. Technical specifications (Goods) / Project requirements
(Infra)
4. Omnibus sworn statement
Non-inclusion in blacklist Responsibilities of bidders
Authenticity of documents Labor laws and standards
Verification authority Non-payment (directly or
Signatory’s authority indirectly) any commission,
amount, fee, or any form of
Disclosure of relations consideration in relation to any
procurement project or activity
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ELIGIBILITY REQUIREMENTS
GOODS INFRASTRUCTURE
Class A Documents
LEGAL (2009 IRR):
1. DTI/SEC/CDA Registration 1. DTI/SEC/CDA Registration
2. Mayor’s permit or equivalent 2. Mayor’s permit or equivalent
document for Exclusive Economic document for Exclusive Economic
Zones or Areas Zones or Areas
3. Tax clearance per Executive 3. Tax clearance per Executive
Order 398, series of 2005, as finally Order 398, series of 2005, as finally
reviewed and approved by the reviewed and approved by the
BIR. BIR.
LEGAL (2016 IRR):
1. PhilGEPS Certificate of 1. PhilGEPS Certificate of
Registration and Membership Registration and Membership
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ELIGIBILITY REQUIREMENTS
Section 8.5.2, 2016 IRR of RA 9184 - All bidders shall upload and
maintain in PhilGEPS a current and updated file of the following
Class “A” eligibility documents under Sections 23.1(a) and 24.1(a):
a) Registration Certificate;
b) Mayor’s/Business Permit or its Equivalent Document;
c) Tax Clearance;
d) Philippine Contractors Accreditation Board (PCAB) license and
registration; and
e) Audited Financial Statements.
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ELIGIBILITY REQUIREMENTS
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ELIGIBILITY REQUIREMENTS
GOODS INFRASTRUCTURE
TECHNICAL:
1. Statement of all ongoing contracts. 1. Statement of all ongoing contracts.
2. Statement of SLCC 2. Statement of SLCC
3. PCAB license and registration.
FINANCIAL:
1. Audited financial statement 1. Audited financial statement
2. NFCC computation or committed 2. NFCC*
Line of Credit*
Class B Document
JVA or notarized statement from In case of JV, JVA entered into by
the partners that they will enter the parties.
into joint venture if awarded the
contract.
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MAYOR’S PERMIT
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TAX CLEARANCE
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COMMITTED LINE OF CREDIT
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COMMITTED LINE OF CREDIT
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ELIGIBILITY REQUIREMENTS FOR
FOREIGN BIDDERS
In the case of foreign bidders, appropriate equivalent
documents issued by the country of the foreign bidder
under Class “A” Documents shall be submitted, provided
that:
The documents are in English, or
If the documents submitted are in a foreign language
other than English, it must be accompanied by a
translation of documents in English by any of the
following:
a) relevant foreign government agency;
b) the foreign government agency authorized to
translate documents, or
c) a registered translator in the foreign bidder’s
country.
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ELIGIBILITY REQUIREMENTS FOR
FOREIGN BIDDERS
Shall be authenticated by the appropriate Philippine
foreign service establishment/post or the equivalent
office having jurisdiction over the foreign bidder’s
affairs in the Philippines.
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ELIGIBILITY REQUIREMENTS FOR
GOVT. CORPORATE ENTITIES
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ELIGIBILITY REQUIREMENTS FOR
JOINT VENTURES
INFRASTRUCTURE
GOODS
PROJECTS
WITH AN EXISTING JOINT VENTURE: JV bidders shall submit a
submission of a valid joint venture JVA in accordance with
R.A. 4566 and its IRR.
agreement
WITHOUT AN EXISTING JOINT *Submission of a duly
notarized statement is
VENTURE: submission by each of the not applicable.
potential JV members of a duly notarized
statement stating that they will enter into
and abide by the provisions of the joint
venture in case their bid is successful.
Failure to enter into a joint venture in the event
of a contract award shall be ground for the
forfeiture of the bid security. (Sec. 23.1(b),
2016 IRR of RA 9184)
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ELIGIBILITY REQUIREMENTS FOR
JOINT VENTURES
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LEGAL ELIGIBILITY CRITERIA
GOODS INFRASTRUCTURE
• General rule: 60% Filipino • General rule: 75% Filipino
• Foreign bidder allowed if: • Foreign contractors allowed if stated
1) Stated in treaty or international or in treaty or international or executive
executive agreement; agreement
2) National of a country offering
reciprocity rights to Filipinos;
3) Goods not available from local
suppliers; or
4) To prevent situations that defeat
competition or restrain trade
• If joint venture, less than 75% is
allowed if -
• Structures to be built require
techniques not possessed by 75%
Filipino-owned; and
• Not less than 25% Filipino
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TECHNICAL ELIGIBILITY CRITERIA
Previous contract
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TECHNICAL ELIGIBILITY CRITERIA
GOODS – SINGLE LARGEST CONTRACT (Illustration)
Expendable Goods Non-expendable Goods
THUS: Previous contract should be at least THUS: Previous contract should be at least
P250,000.00 (required percentage) P500,000.00 (required percentage)
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TECHNICAL ELIGIBILITY CRITERIA
Previous contract
Similar to the contract to be bid, except under conditions
provided for in Sec. 23.5.1.3 Sec. 23.4.1.3 of the IRR
50% of the ABC
- Based on the value of the previous completed
contract, as adjusted to current prices using the NSO
PSA consumer price index.
For foreign funded procurement, a different track record
may be agreed upon
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TECHNICAL ELIGIBILITY CRITERIA
Exception:
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 the Allowable
Range of Contract Cost (ARCC) of their registration based on
the guidelines as prescribed by the PCAB.
A contract shall be considered “similar” to the contract to be bid
if it has the same major categories of work. The PE may clarify
in the Bidding Documents what is regarded as major categories of
work.
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FINANCIAL ELIGIBILITY CRITERIA
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NFCC COMPUTATION
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BID SECURITY
Amount
Form of Bid Security Bid Security
(% = ABC)
a) Cash or cashier’s/manager’s check
b) Bank guarantee/draft or 2%
Irrevocable LC
c) Surety bond callable upon
5%
demand
d) Combination of the foregoing Proportionate to share of form
with respect to the total
amount of security
d) Bid Securing Declaration No percentage required
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BID SECURING DECLARATION
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BID SECURING DECLARATION
Conditions:
The Bid Securing Declaration shall be enforced when the
bidder commits any act resulting to the forfeiture of bid
security under:
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V. OPENING AND EVALUATION OF
1ST ENVELOPE
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BID VALIDITY PERIOD
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DISCLOSURE OF RELATIONS
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VI. OPENING AND EVALUATION OF
2ND ENVELOPE
CONTENTS:
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VII. DETAILED EVALUATION
OF BIDS
Purpose is to determine the Lowest Calculated Bid
(LCB), by:
1. Establishing correct calculated prices of bids; and
2. Ranking calculated total bid prices from lowest to
highest
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VII. DETAILED EVALUATION
OF BIDS
No Contact Rule - prohibition on communication w/ bidders
from bid evaluation until award of contract.
The “no contact” rule applies only to those whose bids are
being evaluated by the BAC after passing the preliminary
examination until the issuance of Notice of Award.
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DOMESTIC PREFERENCE
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DOMESTIC PREFERENCE
SAMPLE COMPUTATION
Next Lowest Calculated
Lowest Calculated Bid
Bid
Foreign Bidder Domestic Bidder/Entity
Bid 2,653,360.00 3,009,492.00
% Preference x 15%
398,004.00
+ 2,653,360.00
Bid as increased 3,051,364.00 3,009,492.00
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VIII. POST-QUALIFICATION
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VIII. POST-QUALIFICATION
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VIII. POST-QUALIFICATION
If the BAC verifies any of these deficiencies to be due to the bidder's fault or
negligence, the BAC shall disqualify the bidder from the award, for the
procurement of Goods. (Sec. 34.3(b), 2016 IRR of RA 9184)
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VIII. POST-QUALIFICATION
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RECOMMENDATION OF AWARD
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FAILURE OF BIDDING
GROUNDS:
1) No bids received
2) Bids received but no one was eligible
3) All bids failed to post qualify
4) Someone post qualified but refused w/o justifiable
cause to accept the award.
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FAILURE OF BIDDING
EFFECTS:
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RESERVATION CLAUSE
GROUNDS:
1. Prima facie evidence of collusion;
2. BAC is found to have failed in following the prescribed bidding
procedures;
3. For justifiable reasons, the award of contract will not redound to the
benefit of the Government:
Physical and economic conditions have significantly changed;
Project is no longer necessary
Source of funds for the project has been withdrawn/reduced.
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IX. AWARD OF CONTRACT
The BAC Sec shall post the NOA in the PhilGEPS and
PE’s websites, and in any conspicuous place within 3
cd from its issuance.
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IX. AWARD OF CONTRACT
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PERFORMANCE SECURITY
Amount
Form of Performance Security Performance Security
(% equal to the Contract Price)
a) Cash or cashier’s/manager’s
check
5% (Goods ) & 10% (Infra)
b) Bank guarantee/draft or
Irrevocable LC
c) Surety bond callable upon
30%
demand
d) Combination of the foregoing Proportionate to share of form
with respect to the total amount of
security
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IX. AWARD OF CONTRACT
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IX. AWARD OF CONTRACT
PROCUREMENT PROCESS
From Opening of Bids to Award of Contract shall
NOT EXCEED 3 MONTHS
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NOTICE TO PROCEED
The BAC Sec shall post the NTP and the approved
contract in the PhilGEPS and PE’s websites within 15 cd
from the issuance of the NTP.
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RETENTION MONEY
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LIQUIDATED DAMAGES
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THANK YOU!!
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