PALAWAN STATE UNIVERSITY

College of Engineering, Architecture, and Technology

Department of Civil Engineering

Puerto Princesa City

DETAILED SUMMARY
REPORT
OF
PERFORMANCE TASK
NO.1
Submited by:

De Jesus, Brian Edora, Noelle Mae Garcia, Jed

Lanugan, Dennis Majinji, Emily Mentoy, Rich Brown

Pajarito, Edbert Silang, Andrew Villanueva, Pyro Vernon

Submitted to: Engr. Keren Joy Orillosa

 THE 2016 REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC
ACT NO. 9184, OTHERWISE KNOWN AS THE GOVERNMENT PROCUREMENT
REFORM ACT

Section 1. Short Title and Purpose

This 2016 Revised Implementing Rules and Regulations, hereinafter called the IRR, is
promulgated pursuant to Section 75 of Republic Act No. (R.A.) 9184, otherwise known as the
“Government Procurement Reform Act,” for the purpose of prescribing the necessary rules and
regulations for the modernization, standardization, and regulation of the procurement activities
of the Government of the Philippines (GoP)

RULE V – BIDS AND AWARDS COMMITTEE

Section 11. The BAC and its Composition

BAC Structure

Each procuring entity should have its head office of BAC to commence the functions that is in
the Section 12 of the IRR-A. To speed up and ease the procuring process, the head of the
procuring entity can create a separate BACs.
The BAC can be organized with either: (a) by geographical location of PMO or end user or (b)
nature of procurement.

Creating separated BACs shall be limited in order to facilitate professionalization and

harmonization of procedures and standards.

BAC Composition

National Government agencies, departments, bureaus, offices, or instrumentalities of the

Government, including the judiciary and legislative branches, constitutional commissions, SUCs,
GOCCs, and GFIs:
Regular Members:

1. Chairman, who is at least a third ranking permanent official of the procuring entity
2. An officer, who is at least a fifth ranking permanent official
3. An officer, who is at least a fifth ranking permanent official
Provisional Members:

4. An officer who has technical expertise relevant to the procurement at hand,

5. A representative from the end user unit who has knowledge of procurement laws and
procedures
Note: The chairman and the vice chairman shall be designated by the head of procuring entity

Local Government Units

The BAC shall be composed of one representative each from the regular offices under the Office
of the Local Chief Executive such as, but not limited to the following: Office of the
Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices.

The local chief executive shall designate the members of the BAC. The members shall elect
among themselves who shall act as the Chairman and Vice-Chairman.

The members to be designated by the head of the procuring entity to the BAC shall be at least
five (5), but not more than seven (7).

If someone was removed for a cause, the member of BAC has a fixed term of 1 year reckoned
from the date of appointment. In cases of resignation separation, transfer, re-assignment,
removal, death, the replacement shall serve only for the unexpired term: Provided, however, that
in case of leave or suspension, the replacement shall serve only for the duration of the leave or
suspension

In no case shall the head of the procuring entity and/or the approving authority be the Chairman
or a member of the BAC.

Section 12: Function of the BAC

In the Section 12 of the RA 9184, it identify and defined the function of the Bids and
Award Committee. It give a detailed explanation to the purpose of the BAC. It also explained the
rules that must be follows and every information that must be taken note of. The Section 12 of
the RA 9184 also ensure that the procuring entity shall follow the set standard of the Act.
Activities of the Procuring processes either ongoing or completed must be Monitored and shall
prepare a Procurement Monitoring Report (PMR) prescribe by the GPPB or the Government
Procuring Policy Board. The said report is needed to be submitted with 14 days at the end of
each semester by the HoPE to the GPPB. Transaction of Business shall constitute a Quorum, and
presence of the Chairperson or the Vice-Chairperson shall be required.

In meetings, according to the Section of the RA 9184, a Chairperson, or in his absence, a

Vice-Chairperson must always be present in all meeting of the BAC. Votes in the meeting are
decided by the majority and a representative or a quorum will act as the binding for the meeting
which will make the any meetings and votes in the meetings valid. In case the votes are tied, the
Chairperson, or in his absence, the Vice-Chairperson will be allowed to vote in order to conclude
the meeting.

The following is the function that must be considered based on the RA 9184 Section 12:

a. Advertise and/or post the invitation to bid/request for expression of interest

b. Conduct pre-procurement and pre-bid conference
c. Determine the eligibility of prospective bidders
d. Receive and open bids
e. Conduct the evaluation of bids
f. Undertake post qualification proceedings
g. Resolve request for reconsideration
h. Recommend award of contracts to the HoPE (Head of Procurement Entity) or his duly
authorized representative
i. Recommend the imposition of sanctions in accordance with Rule XXIII
j. Recommend to the HoPE the use of Alternative Methods of Procurement as provided in
Rule XVI hereof
k. Conduct any of the alternative Methods of Procurement
l. Conduct periodic assessment of the procurement processes and procedures to streamline
procurement activities pursuant to Section 3 (c) of this IRR
m. Perform such other related functions as may be technical, financial, and/or legal experts
to assist in the following:
1. Review of the technical specifications, Scope of Work, and Terms of Reference
2. Review of Bidding Documents
3. Shortlisting of Consultants
4. Eligibility Screening
5. Evaluation of Bids
6. Post-Qualification
7. Resolution of Request for Reconsideration
 RULE VI - PREPARATION OF BIDDING DOCUMENTS

Section 17. Form and Contents of Bidding Documents

The Bidding Documents shall be prepared by the Procuring Entity following the standard
forms and manuals prescribed by the GPPB. The Bidding Documents shall include the
following:

a) ABC;

b) Invitation to Bid/Request for Expression of Interest;

c) Eligibility Requirements;

d) Instructions to Bidders, including scope of bid, documents comprising the bid, criteria
for eligibility, bid evaluation methodology/criteria in accordance with the Act, and post-
qualification, as well as the date, time and place of the prebid conference (where applicable),
submission of bids and opening of bids;

e) Terms of Reference, for Consulting Services;

f) Scope of work, where applicable;

g) Plans/Drawings and Technical Specifications;

h) Form of Bid, Price Form, and List of Goods or Bill of Quantities;

i) Delivery Time or Completion Schedule;

j) Form, Amount, and Validity Period of Bid Security;

k) Form, Amount, and Validity of Performance Security and Warranty; and

l) Form of Contract and General and Special Conditions of Contract.

The specifications and other terms in the Bidding Documents shall reflect the necessary
specifications required to meet the needs of the Procuring Entity in clear and unambiguous
terms. To provide prospective bidders ample time to examine the Bidding Documents and to
prepare their respective bids, the concerned BAC shall make the Bidding Documents available
from the time the Invitation to Bid / Request for Expression of Interest is first advertised/posted
until the deadline for the submission and receipt of bids. Bidders may be asked to pay a fee to
recover the cost for the preparation and development of the Bidding Documents pursuant to the
Guidelines on the Sale of Bidding Documents.
 RULE VII – INVITATION TO BID

Section 20. Pre-procurement Conference

Legal Reference

IRR-A Section 20 specifies the rules and the guidelines in relation to the conduct of a
preprocurement conference.

What is a Pre-Procurement Conference?

The pre-procurement conference is the forum where all officials involved in the
procurement meet and discuss all aspects of the transaction. These aspects include the technical
specifications, the ABC, the applicability and appropriateness of the recommended method of
procurement and the related milestones, the bidding documents, and availability of the pertinent
budget release for the project.

Why is a Pre-Procurement Conference necessary?

For projects involving an ABC amounting to more than Five Million Pesos (P5 Million),
a preprocurement conference is conducted to determine the readiness of the Procuring Entity to
procure infrastructure projects in terms of the legal, technical and financial requirements. More
specifically, it ensures that the procurement will proceed in accordance with the PPMP and APP,
confirms the availability of appropriations and programmed budget for the contract, and reviews
all relevant documents in relation to their adherence to the law. (IRR-A Section 20)

Even when the ABC of the infrastructure project amounts to P5 million and below, the
BAC is encouraged to conduct a pre-procurement conference if the circumstances, like the
complexity of the technical specifications, warrant the holding of such a conference before the
Procuring Entity proceeds with the procurement.
When do you conduct a Pre-Procurement Conference?

The pre-procurement conference must be conducted prior to the advertisement or

issuance of the IAEB. (IRR-A Section 20.1) At least seven (7) days prior to publication or
issuance of the IAEB would be an advisable timeframe for the pre-procurement conference, to
give the technical staff sufficient time to incorporate the necessary changes, amendments or
revisions thereto.

Who calls for a Pre-Procurement Conference?

The BAC calls for a pre-procurement conference.

Who are the participants of a Pre-Procurement Conference?

The participants in a pre-procurement conference are:

1. The BAC;
2. The Secretariat;
3. Representatives of the PMO or end-user unit/s;
4. The members of the TWG/s and consultants hired by the Procuring Entity who prepared
the technical specifications, TORs, bidding documents and the draft advertisement, as the
case may be, for the procurement at hand;
5. Officials who reviewed the above-enumerated documents prior to final approval, if any;
and
6. Other officials concerned, as may be required.
 RULE VIII – RECEIPT AND OPENING OF BIDS

Section 23. Eligibility Requirements for the Procurement of Goods

and Infrastructure Projects

23.1. For purposes of determining the eligibility of bidders using the criteria stated in Section
23.4 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

• Registration certificate, Department of Trade and Industry (sole proprietorship), or CDA

(cooperatives).

• Mayor’s/Business permit. In cases of recently expired Mayor’s/Business permits, it shall

be accepted together with the official receipt as proof that the bidder.

• Tax clearance
Technical Documents

• Statement of the prospective bidder of all its ongoing government and private contracts.

• Single Largest Completed Contract (SLCC)

• Philippine Contractors Accreditation Board (PCAB) License or Special PCAB License
Financial Document

• Audited financial statements, total and current assets and liabilities, stamped “received”
by the BIR or its duly accredited and authorized institutions

• Computation of Net Financial Contracting Capacity(NFCC).

b) Class “B” Documents

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 should be included in the bid.
For Infrastructure Projects, JV bidders shall submit a JVA in accordance with R.A. 4566
and its IRR.
 Foreign bidders, the eligibility requirements or statements, the bids, and all other
documents to be submitted to the BAC must be in English. To facilitate determination of
eligibility, the BAC of a Procuring Entity shall use the contents of the PhilGEPS
electronic registry of manufacturers, suppliers, distributors, contractors, and/or
consultants, in accordance with Section 8.5.2.

The following shall be eligible to participate in the bidding for the supply of goods
a) licensed Filipino citizens/sole proprietorships
b) Partnerships
c) Corporations
d) Cooperatives
e) Persons/entities forming themselves into a joint venture

The following persons/ entities shall be allowed to participate in the bidding for
Infrastructure Projects:

a.) Licensed Filipino/sole proprietorships;

b.) Partnerships

c.) Corporations

d.) Cooperatives

e.) Persons/ entities

Section 29. Bid Opening

In section 29, entitled Bid Opening, it defines an opening offers and a public event, where
bidders are requested to attend, and the public at large should be permitted to witness the event,
if they so desire. At the opening event, offers received are examined to determine if they are
compliant with the instructions of the solicitation documents. In short the BAC shall give a
proper procedure to required documents that is important in bidding process and proper
procedure on how to open and close a biddings.

It also states that BAC should be responsible for making detailed and immediate responses once
the bids are opened. In case the opening of bids is postponed, the committee should promptly
provide the time and date of the rescheduled opening of bids. Along with its transparency
through the filing of bidding documents, BAC should also guarantee confidentiality and security
of the bids.

RULE XIX – CONTRACT PRICES AND WARRANTIES

Section 61. Contract Prices

61.1

 All bid prices shall be considered as fixed prices except under extraordinary
circumstances.

61.2

 Affected by any applicable new laws, ordinances, regulations, or other acts of the GoP,
promulgated after the date of bid opening.
 Price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain
basis.
61.3

 Price escalation under extraordinary circumstances shall be submitted by the concerned

entity to the National Economic and Development Authority (NEDA) with the
endorsement of the Procuring Entity.
 NEDA shall only respond to such request after receiving the proof and the necessary
documentation.
 The “extraordinary circumstances” shall refer to events that may be determined by the
NEDA in accordance with the Civil Code of the Philippines, and upon the
recommendation of the Procuring Entity concerned.
61.4

 All contracts shall be denominated and payable in Philippine currency and shall be stated
in the Bidding Documents
 Procuring Entity receive bids denominated in foreign currency, the same shall be
converted to Philippine currency based on the exchange rate prevailing on the day of the
bid opening for purposes of bid comparison and evaluation.
 RULE XXI – PENAL CLAUSE

SECTION 65. OFFENSES AND PENALTIES

SECTION 65.1 HOW PUBLIC OFFICERS WILL suffer the penalty of imprisonment of not
less than six (6) years and one (1) day, but not more than fifteen (15) years

If they will perform the following dishonesty and misconduct:

A) Opening sealed documents that are not permitted by the office in charge.
B) Delaying of the bidding process with citing valid reason for the delay.
C) Exerting pressure to the BAC officer.
D) Splitting of contracts to delay the
E) If Hope will abuse it’s power to gain advantage the relating party will also receive
punishment under this section (Section 47 of the Act and this IRR.)

The public officer involved in any misconduct will temporary disqualification from
public office, and the the private individual will be disqualified in government operations.

Section 65.2 How private individuals, together with the conspiring parties parties will receive
the penalty of imprisonment of not less than six (6) years and one (1) day but not more than
fifteen (15) years if the discussed misconduct is performed

This section is about the bidders that will perform dishonesty to gain advantage; this
includes fake rivalry from other candidates, too obvious price high of the proposed amount just
to in favor the other party, or by making an agreement that will withdraw the winning party.

Section 65. 3 Private individuals together with the allied party will receive penalty of
imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years if
the discussed misconduct is performed

This section tackles about the reliability of the documents including the detailed
calculations and any bidding documents contain false just to influence the competitive bidding
process. It it also prohibited to use other name just to join in the bidding process.

It is also prohibited that after the awarding, the winner team will withdraw what have
been awarded r refusing to accept an award, without just cause or for the purpose of forcing the
Procuring Entity to award the contract to another bidder.
Section 65. 4

It is understand that all the agreed conditions will cover the penalties discussed whether it is done
manually or electronically

Section 65.5

If the bidder found guilty by all the discussed misconduct he will disqualified from any
government projects

References:

https://www.gppb.gov.ph/laws/laws/RevisedIRR.RA9184.pdf