RA 9184 June 15 - 16, 2021

Authorized Managing Officers
(AMO’s)
Course thru Webinar
Dir. Huillio Belleza MNSA, CESO III

DPWH Region 4A/4B (Retired) 15 – 16 June 2021
GPPB Recognized Trainer 1
1. Objective
Outline
2. Legal Basis. Republic Act 9184 & its IRR
• Background
• Procurement Methods
• Bidding Procedures
Pre-procurement Conference
Advertisement / Posting of Invitation
Pre-Bid Conference
Submission / Opening of Bid Envelopes
Bid Evaluation
Post-Qualification
Notice of Award
3. Government Policy Procurement Board ( GPPB )

4. Philippine Government Electronic Procurement System ( PhilGeps )
5. Useful Information to Remember
6. Q & A (Comments/Suggestions)
2
DEFINITION OF TERMS
Watch OUT on the Screen
➢ YELLOW / GOLD
➢ SLANTED
➢ SLANTED
➢ SEESAW UP / DOWN
4
What is PROCUREMENT?
❑ refersto the acquisition of

goods, consulting services,
Procurement and the contracting for
infrastructure projects by
Procuring Entity (PE).
5
GOODS
Refers to:
❖ All items, supplies and materials
▪ Including general support services needed in the transaction of
public businesses or in the pursuit of any government undertaking,
project or activity
▪ Whether in the nature of equipment, furniture, stationery, materials
or construction, personal property, including;
Non-personal or contractual services, such as:
• repair and maintenance of equipment and furniture
• trucking, hauling, janitorial and security and other related
and analogous services.
Except: Infrastructure Projects & Consulting Services 6
CONSULTING SERVICES
Refers to services for infrastructure projects and other types of projects or
activities of the Government requiring adequate external technical and
professional expertise that are beyond the capability and/or capacity
of the Government to undertake
such as, but not limited to:
1. advisory and review services;

2. pre-investment or feasibility studies;
3. design;
4. construction supervision;
5. management and related services; and
6. other technical services or special studies.
7
INFRASTRUCTURE PROJECTS
Refers to construction, improvement, demolition, rehabilitation, repair,
restoration or maintenance of:
1. roads and bridges, flood control and drainage

2. railways, airports, seaports
3. communication facilities, civil works components of IT projects
4. Irrigation, water supply
5. sanitation, sewerage and solid waste management
6. national buildings, hospital buildings
7. other related constructions projects of the Government.
8
APPROVED BUDGET FOR THE CONTRACT(ABC)
Refers to:
➢ The upper limit or ceiling for the Bid prices for locally
funded projects
➢ The Budget for the Contract duly Approved by the HOPE, as provided for
in the General Appropriations
General Appropriations ActAct (GAA), continuing, and automatic
(GAA),
appropriations in case of National GovernmentAgency
National Government Agency (NGAs)
(NGAs)
and the budget
budget for
for the contractapproved
the contract approvedby by
thethe Sanggunian, in case of
Sanggunian
Local
LocalGovernment Units(LGUs)
Government Units (LGUs)
9
1. Objective Outline
After Passing AMO Exam, Getting your PCAB License and ARCC
• Background
Registration ?! for Government Projects
next ?! / Get
• WHAT'sAdvertisement Contracts?! (Private and/or “Government)”
Posting of Invitation
Pre-Bid Conference
• WHY?!Submission
Aim //Opening of Bid Envelopes
Motivation is to gain profit (para may kita)
Bid Evaluation
Post-Qualification
Notice of Award
• HOW?! Knowing & Understanding the Basic Government Procurement Laws &
Procedures: RA 9184 & its Implementing Rules and Regulations (IRR)
Hopefully, the learning's could help/guide those who will later decide to
proceed to “Government Procurement/Contracting”.
10
11
The Duterte Administration will be
spending Php 8-9T for
infrastructure for the next 5 years
(they call it the GOLDEN AGE OF
INFRASTRUCTURE)
12
1584.0
2021
6.9%
TARGET INFRASTRUCTURE SPENDING 7% of GDP 13

1. Objective
Outline
, otherwise known as the

“GOVERNMENT PROCUREMENT REFORM ACT (GPRA)”
Title : “An Act Providing for the Modernization , Standardization
& Regulation of the Procurement Activities of the Government
and for Other Purposes”
covers all fully domestically-funded procurement activities from procurement
planning up to contract implementation and termination except acquisition of
Real Property (RA 8974 / RA 10752 Acquisition of Right-of- Way Site) and Private
sector infrastructure or development projects covered by RA 7718 (BOT law)
14
1. Objective Outline
• Background

Pre-Bid Conference
Bid Evaluation
Post-Qualification
Notice of Award

15
BACKGROUND
Prior Procurement Issuances
❑ P.D. No. 1594 s. 1978 and its IRR – covers contracts for infrastructure and other
construction projects; (PFEM)
❑ E.O. No. 164 s. 1987 – covers contracts for consulting services; (PCCA)
❑ E.O. No. 301 s. 1987 and its IRR – “Decentralizing actions on Government
Negotiated Contracts, Lease Contracts and Records Disposal. (PCCA)
❑ R.A. 7160 s. 1991 – Local Government Code Title Six Book Two. (PCCA)
❑ R.A. No. 7898 s. 1995 – Providing for the modernization of AFP and other
purposes. (PFVR)
❑ E.O. No. 302 s. 1996 and its IRR – covers procurement of goods, supplies,
materials and general support services; (PFVR)
16
BACKGROUND
❑ E.O. No. 322 s. 2000 – mandates NGAs and GOCCs to participate in Electronic
Procurement System of the DBM-PS. (PJEE)
❑ Last Amended IRR of P.D. No. 1594 - which took effect Aug. 12, 2000 covers
government infrastructure contracts; (PJEE)
❑ E.O. No. 201 s. 2000 – Section 3 “Providing Additional Policies and Guidelines in
the Procurement of Goods/Supplies by the National Government. (PJEE)
❑ E.O. No. 262 s. 2000 and its IRR - “Amending E.O. 302 s. 1996, entitled
Providing Policies Guidelines Rules and Regulation for the procurement of goods /
supplies by the National Government”. (PJEE)
17
BACKGROUND
❑ E.O. No. 40 s. 2001 and its IRR – consolidating Procurement Rules and Procedures for
all NGAs, GOCC and/or GFIs and requiring the use of the GEPS (Goods, Infra Projects and
Consulting Services & Implements Electronic Procurement System in Government). PGMA
❑ Memorandum Order No. 119 dated 18 September 2003 – Amending IRR Part A
and relevant portions of E.O. 301 s. 1987. (PGMA)
REPUBLIC ACT (RA) 9184 / (GPRA) Signed into law by President Gloria Macapagal
Arroyo on January 10, 2003 and took effect on January 26, 2003.
The Implementing Rules and Regulation (IRR) took effect on October 08, 2003.
18
SCOPE / LIMIT
1. Domestic / Locally Funded (award up to ABC only)
2. Foreign Assisted/Funded – FAP’s * (award even higher than ABC)
➢ World Bank
➢ Asian Development Bank
➢ Japan International Cooperation Agency
➢ Other International Financial Institutions (IFI)
* under a treaty or international / executive agreement as provided in Sec.4

19
COVERAGE
Procurement of Goods
Infrastructure Projects
Consulting Services
20
APPLICATION
Applies to the following branches & /or instrumentalities of
Government
❑ National Government Agencies (NGAs)
❑ Government Owned & Control Corporation (GOCCs)
❑ Government Financial Institutions (GFIs)
❑ State Universities and Colleges (SUCs)
❑ Local Government Units (LGUs)
➢ Provincial
➢ City / Municipal
➢ Barangay
21
ENACTMENT OF GPRA
Implementing RA 9184 Government
Rules and Procurement Reform Act
Regulations (GPRA)
26 January 2003
Executive
Orders *Implementing Rules and
Regulations (IRR) Part A
8 October 2003
Administrative
Issuances *Revised IRR of 2009
2 September 2009
Memorandum *Revised IRR of 2016

Circulars 28 October 2016
*Effectivity reckoned from date of
Over 100 Procurement Rules and Regulations
Publication of Invitation to Bid.
22
1. Objective
Outline
• Background
Pre-Bid Conference
Bid Evaluation
Post-Qualification
Notice of Award

23
PROCUREMENT METHODS
As a general rule all Procurement shall be done through
competitive bidding except as provided in R.A. 9184.
❑ Sec.35, There shall be a failure of bidding if:
➢ No bid was received
➢ All bids fail to comply with all the bid requirements or fail post-
qualification or in the case of consulting services, there is no
successful negotiation
➢ All prospective bidders are declared ineligible
➢ The bidder with the Lowest Calculated Responsive Bid (LCRB)
Highest Rated Responsive Bid(HRRB) refuses, without justifiable
cause to accept the award of contract, and no award is made
24
ALTERNATIVE METHODS OF PROCUREMENT
(Sec. 48-54)
Alternative Methods of Procurement (AMP)
Shall be made:
❑ Only in highly exceptional cases
❑ To promote economy and efficiency
❑ Justified by conditions specified in R.A. 9184 and its IRR
25
PROCUREMENT METHODS
26
NEGOTIATED PROCUREMENT
❑ Two failed ❑ NGO
Biddings ❑ Scientific, ❑ Small Value Participation
Scholarly or Procurement
❑ Emergency Artistic Work, ❑ Community
Cases Exclusive ❑ Lease of Real Participation
Technology and Property and
❑ Take Over Media Services Venue ❑ Direct Retail
Contracts Purchase of
❑ Highly Technical ❑ United Nations Petroleum, Fuel,
❑ Adjacent or Consultants Agencies, Oil and Lubricant
Contiguous International (POL) Products
❑ Defense Organizations or and Airline
❑ Agency -to- Cooperation International Tickets
Agency Agreement Financing
Institution
Sec. 53
27
1. Objective
Outline
• Background
Pre-Bid Conference
Bid Evaluation
Post-Qualification
Notice of Award

28
STANDARDIZED BIDDING PROCEDURE FOR
GOODS AND INFRASTRUCTURES
Pre-Procurement Pre-Bid
Conf. Advertisement
Conference
Opening of Opening of 2nd

Submission of 1st Env. - Eligibility
Bids Docs & Technical
Envelope – Financial
Proposal Proposal
Bid Evaluation Award of

Post-qualification
& Ranking Contract
29
STANDARD PROCUREMENT PROCEDURE FOR
CONSULTING SERVICES
❑ Two stage systemAdvertisement /

Pre-Procurement
Submission of
Eligibility Eligibility Check
Conference Posting
Requirements
➢ Eligibility check
7cd (Short Listing: minimum of 3
max 7, preferably 5) not > 20cd
Opening and
Evaluation of Submission of Pre-Bid
Proposals ➢ Submission of Technical andConference
Proposals Short Listing
Financial Proposals
(QC/QCB?)
not > 75cd at least12/30cd
not > 21cd
❑ Evaluation System ( Quality Based or Quality Cost Based )

Negotiation(?!) & Contract
❑ Awarded to Highest Rated Responsive Bidder (HRRB)
Post-qualification
Contract Award
Implementation
Nego = not > 10cd
Post-Qua = ≤ 7-30cd
30
Conf. Advertisement
Conference

Submission of 1st Env. - Eligibility
Bids Docs & Technical
Envelope – Financial
Proposal Proposal

Post-qualification
& Ranking Contract
31
Pre-Procurement Sec.20, prior to the issuance of the Invitation to

Conference Bid (IB), the BAC is mandated to hold on each
procurement if: (goods- above P2M;
infra- above P5M; consulting services- above P1M)
but optional if below these amount
❑ Determine the Procuring Entity (PE) readiness
for the procurement at hand, including among
other aspect, the following:
➢ Authority and availability of the appropriations and programmed
budget
➢ Completeness of the bidding documents
(eg Plans / RROW etc.)
32
Pre-Procurement
Advertisement
Conference
❑ Posted 7 cd continuously at PhilGEPS Website
❑ Posted in conspicuous place
❑ Agency website (If available),
➢ *Advertised once in newspaper of general
NATIONWIDE circulation
(If ABC; above Consulting 5M, Goods 10M, Infra 15M)
*No more after Oct.28, 2018

Except if PE cannot post in PhilGEPS
33
Pre-Procurement
Advertisement Pre-Bid
Conference Conference
❑ Forum for discussion / clarification / queries
❑ ABC is Php 1M or more
❑ Held at least 12 cd before the deadline or
submission of bids
• Non attendance not ground for

disqualification
34
Pre-Procurement
❑ Must be submitted on time / place specified Pre-Bid
Conference ❑ Two envelopeAdvertisement
system Conference
1. Envelope (A) eligibility / technical documents
2. Envelope (B) financial documents / proposal
Submission of 1 Envelope A - Eligibility
st
Bids ❑ *One original, Envelope
two duplicates copies of bid
Docs & Technical
or……. B – Financial
checklist of required documentsProposal
❑ Compliance withProposal
* New Philippine Bidding Documents (Goods & Infra)6th Edition Approved Oct. 6, 2020
35
ELIGIBILITY REQUIREMENTS
Legal Requirements
Financial Requirements
Technical Requirements
36
LEGAL ELIGIBILITY CRITERIA
GOODS INFRASTRUCTURES
❑ General rule: 60% Filipino Ownership /Equity ❑ General rule: 75% (60%) Filipino Ownership/ Equity
➢ Foreign bidder allowed if: ➢ Foreign contractors allowed if :
• Stated in treaty or international or • Stated in treaty or international or executive

executive agreement; agreement;
• National of a country offering reciprocal • To prevent situations that defeat competition
rights to Filipinos;
• To prevent situations that defeat • If joint venture, less than (60%) Filipino-owned is
competition or restrain trade allowed if -
- Structures to be built require
• Goods not available from local suppliers. techniques not possessed by (60%)
Filipino-owned contractors; and
Sec. 23.4.1.2 Sec. 23.4.2.1

37
ELIGIBILITY REQUIREMENTS
LEGAL:
CLASS “A” DOCUMENTS
❑ Registration Certificate from :
➢ DTI for sole proprietor
➢ SEC in case of corporation, or
➢ CDA for cooperatives
❑ Valid Mayor’s Permit Issued by the City/Municipality where the principal

place of business of the prospective bidder is located
❑ Valid BIR Tax Clearance Certificate
38
FINANCIAL ELIGIBILITY REQUIREMENTS
FINANCIAL DOCUMENTS
❑ Audited Financial Statement (AFS) stamped “received” by the BIR or its duly accredited
and authorized institutions, for the preceding calendar years which should not be
earlier than two (2) years from the date of bid submission
❑ Tax returns filed and taxes paid through the BIR electronics Filing and Payment System
(eFPS)
❑ Computation of Net Financial Contracting Capacity (NFCC) of at least equal

to ABC, computed using the prescribed formula:
NFCC = (Current Assets – Current Liabilities) (K) - value of unfinished

on-going projects including awarded projects but not yet started
coinciding with the contract to be bid
The constant NFCC’s K factor is set at 15, regardless of contract duration

39
TECHNICAL ELIGIBILITY REQUIREMENTS
TECHNICAL DOCUMENTS
❑ Records of all its ongoing government and private contracts,
including awarded but yet started.
❑ Records of Single Largest Completed Contract (SLCC) similar to the
contract to be bid:
➢ Adjusted to the current price using Philippine Statistics Authority (PSA) current price
index
➢ With a contract amount equivalent to at least fifty percent (50%) of the ABC
➢ 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.
40
PCAB LICENSE AND REGISTRATION PARTICULARS
Allowable Range of Contract Cost (ARCC in Million Pesos
CFYs 2006-2007 & 2007- CFYs 2018-2019

2008 (For projects advertised
Private Gov’t. (For projects advertised for bidding from July 1,
License for bidding from July 1, 2018 to June 30, 2019)
Category 2006 to June 30, 2018)
Size
Currently in use until
and amended
‘’AAAA’’ Range
AAA Large B ALL ALL
AA Large A Up to 300 Up to 450
A Medium B Up to 200 Up to 300
B Medium A Up to 100 Up to 150
C&D Small B Up to 15 Up to 30
E
(Trade) Small A Up to 0.5 Up to 1
Per PCAB Board Resolution No. 201 S2017 for Government Projects publicized for Bidding starting 01 July 2018 41
TECHNICAL ELIGIBILITY CRITERIA
INFRASTRUCTURE PROJECTS – SINGLE LARGEST COMPLETED CONTRACT (SLCC) (SLCC)

similar to the contract under bidding whose value adjusted to current prices
similar
using the PSA consumer price indices, at least 50% of the ABC
Exception:
➢ Contractors under SmallSmall A Small BB categories WITHOUT
A and Small
SIMILAR EXPERIENCE on the contract to be bid MAYBE 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.
Sec.23.4.2.4
42
ELIGILITY REQUIREMENTS
CLASS “B” DOCUMENTS (FOR JV)

❑ Valid Joint Venture Agreement (JVA) duly notarized ❑(for goods)
❑ JVA duly notarized plus Special PCAB Joint Venture (JV) license ❑(for Infra)
❑ Each partner of the Joint Venture shall submit their respective PhilGEPS Certificates
of Registration in accordance with Section 8.5.2 of the IRR of RA 9184.
❑ The submission of technical and financial eligibility documents by any of the

joint venture partners constitute compliance: Provided that the partner responsible
to submit the NFCC shall likewise submit the Statement of all of its ongoing
contracts and Audited Financial Statements ( AFS ).
43
ELIGIBILITY REQUIREMENTS UNDER SECTION 23 OF THE IRR.
A. Legal
1. Registration Certificate (as appropriate)
• Department of Trade & Industries (DTI) (Sole Proprietor)
• Securities & Exchange Commission (SEC) (Corporation)
• Cooperatives Development Authority (CDA) (Cooperatives)
2. Valid Current Mayor’s permit (bidder principal place of business located)
3. Valid BIR Tax Clearance
B. Financial
1. Audited Financial Statement (AFS) Stamp received by the BIR w/ Net Financial Contracting Capacity (NFCC)
Computation or
2. Committed Line of Credit (CLC) 10% of the ABC (for goods only)
C. Technical
1. Statement of all On-Going / Awarded contracts but not yet started
(both Gov’t. & Private Contracts)
2. Statement identifying the Single Largest Completed Contract (SLCC) similar to
the contract to be bid, within the relevant period as provided in the bid documents
3. PCAB License & Registration (For INFRA only) Part of Class A documents
44
ELIGIBILITY REQUIREMENTS (1ST ENVELOPE)
Submission of PhilGEPS Certificate of Registration and Membership in lieu of the Class “A”
eligibility documents under Sections 23.1(a) and 24.1(a)
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. Audited Financial Statements.
E. Philippine Contractors Accreditation Board (PCAB) license and registration
(only for Infrastructure)
45
LEGAL ELIGIBILITY CRITERIA
Requirements Under 2016 IRR of RA 9184
Class A Documents
1. Valid PhilGEPS Certificate of Registration in accordance 1. Valid PhilGEPS Certificate of Registration in accordance
with Section 8.5.2 & / OR with Section 8.5.2 & / OR
“Class A” documents as Eligibility Requirements such as “Class A” documents as Eligibility Requirements
Valid Mayor Permit, BIR Tax Clearance, Registration such as Valid Mayor Permit, BIR Tax Clearance,
Certificate of the firm (as appropriate) and AFS * Registration Certificate of the firm (as appropriate)
and AFS plus PCAB license and registration *
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. NFCC computation (if less than ABC) 1.NFCC computation : =/> ABC
Committed Line of Credit 10% ABC
46
SUBMISSION & RECEIPT OF BIDS
CONTENTS OF THE 1ST ENVELOPE ( TECHNICAL PROPOSAL FOR GOODS)

❑ PhilGEPS Certificate of Registration and Membership
❑ Statement of all ongoing Government and Private Contracts
❑ Statement of SLCC
❑ NFCC Computation or 10% of ABC Committed Line of Credit
❑ JVA, if applicable
❑ Bid Security in the prescribed form, amount and validity period
❑ Technical Specifications which may include
❑ Production/delivery schedule
❑ Manpower requirements
❑ After-sales service/parts if applicable
❑ Omnibus Sworn Statement (OSS)
47
SUBMISSION & RECEIPT OF BIDS
CONTENTS OF THE 1ST ENVELOPE ( TECHNICAL PROPOSAL FOR INFRA)

❑ PhilGEPS Certificate of Registration and Membership
❑PCAB License and Registration / Special PCAB License (if JV)
❑ Statement of all ongoing Government and Private Contracts
❑ Statement of SLCC
❑ NFCC Computation (at least equal to ABC)
❑ JVA, if applicable
❑ Bid Security in the prescribed form, amount and validity period
❑ Project Requirements
❑ Organizational Chart for the contract to be bid
❑ List of Contractor’s Personnel
❑ List of Contractor’s Major Constructions and Laboratory Equipment
❑ Omnibus Sworn Statement (OSS)
48
OMNIBUS SWORN STATEMENT
49
1st Envelope (ELIGIBILITY AND TECHNICAL DOCUMENTS)
1. Valid PhilGEPS Certificate of Registration in accordance 1. Valid PhilGEPS Certificate of Registration in accordance
with Section 8.5.2 & / OR “Class A” documents as with Section 8.5.2 & / OR “Class A” documents as
Eligibility Requirements such as Valid Mayor Permit, Eligibility Requirements such as Valid Mayor Permit, BIR
BIR Tax Clearance, Registration Certificate of the firm Tax Clearance, Registration Certificate of the firm
(as appropriate) and AFS * (as appropriate) and AFS*
2. Bid Security 2. Bid Security
3. NFCC Computation OR (If less than ABC) Committed Line 3. NFCC Computation OR (at least equal/higher than ABC)
of Credit (CLC) = 10% of ABC
4. Statement of all Ongoing Government and Private 4. Statement of all Ongoing Government and Private
Contracts including Single Largest Completed Contract Contracts including Single Largest Completed Contract
(SLCC) similar in nature and complexity to the contract to (SLCC) similar in nature and complexity to the contract to
be bid be bid
5. Original Omnibus Sworn Statement2 5. Original Omnibus Sworn Statement2
6. Technical Specifications, which may include: 6. Project Requirements:

a) Production/delivery schedule a) Contractor’s organizational chart
b) Manpower requirements b) List of contractor’s key personnel
c) After-sales service/parts if applicable c) List of contractor’s major construction and laboratory
equipment units
7. Valid JVA or Duly Notarized Statement, if applicable 7. Valid PCAB Special JV License with JVA, if applicable
50
2nd Envelope FINANCIAL DOCUMENTS (as specified in the PBDs)
1. Duly signed financial bid forms and the 1. Duly signed financial bid form indicating the
accomplished Price Schedules in accordance Total Bid Price
with Instruction to Bidders (ITB)
2. If the Bidder claims preference as a Domestic 2. Duly signed bid prices in the
Bidder, a certification from the Dept of Trade & Bill of Quantities (BOQ)
Industry (DTI) issued in accordance with (ITB),
unless otherwise provided in the Bid Data Sheet
(BDS); and
3. Any other document related to the financial 3. Duly signed detailed estimates form including a
component of the bid as stated in the (BDS) Summary sheet indicating the unit prices of
construction materials, labor rates and
equipment rentals used in coming up with the
bid.
4. Duly signed cash flow by quarter
51
PRESCRIBED TEMPLATES FOR REQUIRED FORMS TO BE SUBMITTED BY BIDDERS
BID FORM FOR

GOODS AND SERVICES
52
BID FORM FOR

INFRASTRUCTURE
PROJECTS
53
PRICE SCHEDULE
54
CONTRACT AGREEMENT
FORM FOR
GOODS AND SERVICES
55
CONTRACT AGREEMENT
FORM FOR
INFRASTRUCTURE
PROJECTS
56
MANDATORY PROVISIONS FOR REQUIRED FORMS TO BE SUBMITTED BY BIDDERS
STATEMENT OF THE BIDDER

OF ALL ITS ONGOING ❑ Names of outstanding contracts with
GOVERNMENT AND other contracting party, i.e., PE or private
PRIVATE company allowed by the rules, contract
CONTRACTS, INCLUDING date, period and amount or value
CONTRACTS AWARDED BUT
NOT YET STARTED STATEMENT OF
THE BIDDER’S
❑ Name of the completed contract with contract date, period
SLCC SIMILAR TO
and amount, which should correspond to the required
THE CONTRACT
percentage of the ABC to be bid. The value is adjusted to
TO BE BID
the current prices using the Philippine Statistics Authority
consumer price indices, when necessary
❑ Definition or description of the similar project or major
categories of work
57
MANDATORY PROVISIONS FOR REQUIRED FORMS TO BE SUBMITTED BY BIDDERS
For Owner’s Certificate of Acceptance:

OWNER’S CERTIFICATE OF 1. Name of project owner that issued the certificate;
2. Name of Contractor/Constructor;
ACCEPTANCE OR CPES 3. Name of Contract; and
RATING ACCOMPANYING 4. Contract Duration.
THE
STATEMENT OF THE For CPES rating, a final rating of at least Satisfactory.
BIDDER’S SLCC
For contracts with the private sector, an equivalent
document shall be submitted.
Joint Venture Responsibilities of each of the JV partners or its

Agreement (JVA) contributions to the JV
REQUIRED FORMS TO BE SUBMITTED BY BIDDERS
❑Bid Form
❑Price Schedules Should bear Bidder or
authorized representative’s:
❑Bid Securing Declaration
❑Omnibus Sworn Statement ➢ Name
➢ Legal Capacity
❑JVA ➢ Signature
❑Performance Securing Declaration
❑Contract Agreement Form
59
Conference
Advertisement
Conference
❑ Bids not more than ABC (Locally Funded)
Submission❑of Completeness of the bid
1st Envelope - Eligibility
Bids Docs & Technical Envelope – Financial
❑ Correct mathematical
Proposalcomputation Proposal
❑ Compliance to other requirements
Bid Evaluation
& Ranking
60
LOWEST CALCULATED BID (LCB)
Refers to:
❑ Bid of a bidder rank as the Lowest Calculated Bid

(LCB) after applying mathematical / Arithmetical
computation (MDAS) that will initially undergo
post qualification to determine its responsiveness
to other requirements of the bid documents.
61
Conference
Advertisement
❑ Within (3) 5 cd from receipt of Notice, the Lowest Calculated Bidder (LCB) shall submit:
1. Latest Income and Business Tax Returns;
Conference
2. (PhilGEPS Certification of Registration);
3. (BIR Tax Clearance) Opening of Opening of 2nd
Submission of 1 Envelope - Eligibility
st
Bids
4. Other appropriate Licenses
Docs Envelope
and permits required by
& Technical – Financial
law and stated in the
Bidding Documents. Proposal Proposal
❑ Failure to submit any of the post-qualification requirements on time, or a finding against
the veracity thereof, shall disqualify the bidder for award., & the Bid Security shall be
Bid Evaluation
forfeited in accordance with Sec. 34 & 69 of the 2016 IRR of RA 9184.
Post-qualification
& Ranking
62
❑Conference
Lowest Calculated Advertisement
Responsive Bidder (LCRB) for Goods / Infra OR
Conference
❑ Highest Rated Responsive Bidder (HRRB) for Consultancy
❑ Must be approved by HOPE
Submission of 1 Envelope(7)
st
Within a period not exceeding - Eligibility
15 calendar days (cd)
Bids Docs & Technical Envelope – Financial
Notify all losing bidders within 3 calendar days (cd)
Proposal Proposal
Within bid validity period, Post at PhilGeps within 3 calendar days (cd)
Within 10 cd, bidder must post performance security and sign the contract

Post-qualification Contract
& Ranking
63
1. Objective
GOVERNMENT PROCUREMENT Outline
2. Legal Basis. Republic ActPOLICY
9184 & its IRR BOARD (GPPB)
• Background
Refers to a Government regulatory body established in
Section 63Procedures
• Bidding to formulate and amend public procurement
policies,Advertisement
rules and regulations to ensure the proper
/ Posting of Invitation
implementation of the GPRA.
Pre-Bid Conference
Bid Evaluation
Post-Qualification
Notice of Award

64
GOVERNMENT PROCUREMENT POLICY BOARD (GPPB)
Composed of the following:

❑ Chairman: Secretary of Department of
Budget and Management
❑ Alternate Chairman: Director-General of
the National Economic and Development
Authority DBM
❑ 13 Regular Members
❑ Invited Resource Persons (audit, anti-
corruption agencies)
NEDA
DTI DND DOF DOST DOE PhilSA

PRIVATE
SECTOR
DPWH DOH DEPED DILG DOTr DICT REP
65
GOVERNMENT PROCUREMENT POLICY BOARD (GPPB)
12 Regular Members –
Secretaries of the following:
❑ DPWH - Department of Public Works and Highways
❑ DTI - Department of Trade and Industry 13th Regular Member
❑ DOH - Department of Health
❑ DND - Department of Defense ❑ Private Sector Representative
❑ DEPED - Department of Education
❑ DOF - Department of Finance
❑ DILG - Department of Interior and Local Government DBM
❑ DOST - Department of Science and Technology
❑ DOTr - Department of Transportation
❑ DOE - Department of Energy
❑ DICT - Department of Information & Communication Tech
NEDA
❑ PHILSA -Philippine Space Agency
DTI DND DOF DOST DOE PhilSA

PRIVATE
SECTOR
DPWH DOH DEPED DILG DOTr DICT REP
66
GPPB FUNCTIONS
Capacity
Policy-Making Monitoring
Development
❑ Amend implementing ❑ Establish a sustainable ❑ Ensure the proper
rules & regulations of training program implementation by PEs
procurement law of the Act, this IRR and
(quasi-legislative all other relevant rules
function) and regulations on
❑ Prepare generic public procurement
procurement manual ❑ Review effectiveness of
and standard bidding procurement law
forms
➢ Protect national interest in all matters affecting public procurement, having due regard to
the country’s regional and international obligations.
67
PhilGEPS (Philippine Government Outline
1. Objective
Electronic Procurement System) Sec. 8
❑Managed
• Background
by the DBM – Procurement Service under the
supervision of the GPPB
❑A single portal that serve as the primary and definitive
source of Conference
Pre-Bid information on all government procurement.
( above Php50k)
Bid Evaluation
Post-Qualification
Notice of Award

68
FEATURES OF THE PhilGEPS
❑Electronic Bulletin Board

❑Registry of Manufacturers, Suppliers, Distributors,
Constructors and Consultants
❑Electronic Catalogue
Additional Features:
➢ Virtual Store
➢ Electronic Payment
➢ Electronic Bid Submission
69
70
REGISTRATION, ELIGIBILITY REQUIREMENTS & BIDS
SUBMITSSION UNDER THE PhilGEPS
❑ To ensure the widest dissemination of the Invitation to Bid

(IB) / Request for Expression of Interest (REI), manufacturers,
suppliers, distributors, contractors and / or consultants shall
register with the PhilGEPS
71
1. Objective
Outline
• Background
Pre-Bid Conference
Bid Evaluation
Post-Qualification
Notice of Award

72
USEFUL INFORMATION TO REMEMBER
SETTLEMENT OF DISPUTES
Any and all disputes arising from the implementation of a contract covered by this Act shall be submitted to
arbitration in the Philippines according to the
provisions of R.A. 876, otherwise known as the "Arbitration Law": and

RA 9285, otherwise known as “Alternative Dispute Resolution Act of 2004”
Provided, however, That, disputes that are within the competence of the Construction Industry
Arbitration Commission (CIAC) to resolve shall be referred thereto. The process of arbitration shall be
incorporated as a provision in the contract that will be executed pursuant to the provisions of this Act:
Provided, That by mutual agreement, the parties may agree in writing to resort to alternative modes of dispute
resolution
➢ Note on ARBITRATION
• (for Government Contract is automatically provided) (Sec.59 IRR of 2016)
• (for Private Contract must have Arbitration clause as agreed by parties)
73
SUSPENSION & BLACKLISTING
A person/entity that is blacklisted by a PE and/or included in

the Government Procurement Policy Board (“GPPB”)
Consolidated Blacklisting Report shall not be allowed to
participate in the bidding of all government projects during the
period of disqualification unless it is delisted as provided for in
the guidelines.
Sec 2.0 of Appendix 17
UNIFORM GUIDELINES FOR
BLACKLISTING
74
SANCTIONS & GROUNDS FOR BLACKLISTING
Appendix 17 Sec.4
DURING COMPETETIVE BIDDING STAGE
❑ Submission of eligibility requirements containing false information or falsified

documents
❑ Allowing the use of one’s name, or using the name of another for
purpose of public bidding.
❑ All other acts that tend to defeat the purpose of the competitive bidding, such
as habitually withdrawing from bidding or submitting late bids or patently
insufficient bids, for at least three (3) times within a years, except for valid
reasons.
75
SANCTIONS & GROUNDS FOR BLACKLISTING
Appendix 17 Sec.4
DURING CONTRACT IMPLEMENTATION STAGE
❑ Negative slippage of 15% and above within the critical path of the project
due entirely to the fault or negligence of the contractor; and
❑ Willful or deliberate abandonment or non – performance of the project or

contract by the contractors resulting to substantial breach thereof without
lawful and / or just cause
❑ Assignment and subcontracting of the contract or any part thereof or
substitution of key personnel named in the proposal without prior written
approval by the procuring entity.
❑ Failure of the contractor, due solely to his fault or negligence, to mobilize and
start work or performance within the specified period in the Notice to Proceed
76
DISCLOSURE OF RELATIONS - Rule XV, Sec. 47
TREE OF RELATIONSHIP
BY CONSANGUINITY GREAT
(BLOOD) GRANDPA/ Bidders prohibited to apply/ bid if
MA
3 Relatives up to the 3 rd civil
4
? degree of consanguinity of:
GRANDPA
GRAND SIS / BRO
PARENTS • Head of Procuring Entity (HOPE)
2
3 PARENTS • BAC members
AUNTS
OR • BAC Secretariat
UNCLES
1 2 • Technical Working Group (TWG)
BROTHER
4 • Head of Implementing Unit
YOU OR
SISTER
FIRST SPOUSE 2. Application:
COUSINS
1 NEPHEWS a) Sole proprietorship: him/herself
OR
CHILDREN
3NIECES b) Partnership :all officers & members
c) Corporation : all officers /
2 GRAND directors/ controlling stockholders
GRAND NEPHEWS
CHILDREN
4 OR
NIECES
d) Joint Venture (JV) : ach member
of the JV (a), (b), (c) as appropriate
3
GREAT GREAT
44
GREAT GRAND
GRAND CHILDREN
CHILDREN 77
DISCLOSURE OF RELATIONS - Rule XV, Sec. 47
TREE OF RELATIONSHIP
BY AFFINITY Bidders prohibited to apply/ bid if
(MARRIED)
Relatives up to the 3 rd civil
GRAND GRAND
degree of affinity of:
PARENTS PARENTS • Head of Procuring Entity (HOPE)
2 2 • BAC members
AUNTS
3 3 AUNTS
OR PARENTS PARENTS OR • BAC Secretariat
UNCLES 2 UNCLES • Technical Working Group (TWG)
4 2 1
1 • Head of Implementing Unit
FIRST BROTHER Brother
ALAS FIRST
COUSINS
OR HARI In Law 4 COUSIN 2. Application:
SISTER (Wife) Sister
3 1 3 a) Sole proprietorship: him/herself

NEPHEWS NEPHEWS
OR CHILDREN OR
b) Partnership :all officers & members
NIECES NIECES
c) Corporation : all officers /
4 2 directors/ controlling stockholders
GRAND GRAND
GRAND NEPHEWS d) Joint Venture (JV) : ach member
NEPHEWS
OR CHILDREN
4 OR
NIECES NIECES of the JV (a), (b), (c) as appropriate
3
GREAT GREAT
GRAND
GREAT
GRAND
4
CHILDREN CHILDREN
78
PROCUREMENT ORGANIZATION
❑ HOPE – Head Of Procuring Entity
❑ BAC – Bids and Awards Committee
➢ * Chairperson
➢ * Vice – Chairperson
➢ Regular Member
➢ Provisional Member
➢ Provisional Member ( End – User )
(Minimum of 5, maximum of 7 members)
* Shall be designated by the HOPE
➢ BAC Secretariat
➢ TWG – Technical Working Group
- From pool of legal, financial and technical experts
In no cases shall the HOPE and / or the approving authority be the Chairperson or a
member of the BAC (for checked & balanced)
79
ACTORS IN PROCUREMENT
Manufacturers COA
Suppliers BUDGET
TECHNICAL
NGO / PO
WORKING
END USER
(Implementing Office)
OFFICE
GROUP(TWG) CO
Distributors Media
Banks
Consultants BIDS AND AWARDS APPROVING
COMMITTEE (BAC) & AUTHORITY/
HOPE
International
Constructors
SECRETARIAT
Financing
General Public Institution
80
BID VALIDITY PERIOD
❑ Bids and bid securities shall be valid for a reasonable period as

determined by the HOPE as indicated in the Bid Docs.
❑ Not to exceed 120 calendar days generally
❑ If the period is extended, PE shall request in writing all those who

submitted bids for such extension before the expiration date.
However, bidders have a right to refuse to grant such extension
without forfeiting their bid security.
81
BID SECURITY
Amount
FORM OF BID SECURITY BID SECURITY
(Not less than the required % of the ABC)
a) Cash or cashier’s/manager’s check (issued by
a universal or commercial bank if bidding
conducted by NGAs)*
b) Bank guarantee/draft or Irrevocable LC (issued
2%
by a universal or commercial bank if bidding
conducted by NGAs)*
c) Surety bond callable upon demand issued by a
surety or insurance company duly certified by 5%
the Office of the Insurance Commission
d) Bid Securing Declaration Notarized Affidavit
*For biddings conducted by LGUs, the Letter of Credit / Bank draft / Bank guarantee may be issued by
other banks certified by the BSP as authorized to issue such financial instrument (Section 27)
82
BID SECURITY
BID SECURING DECLARATION
(GPPB Resolution No. 16-2020)
REVISED PROVISION REVISED PENALTIES

A document/undertaking signed by ❑ Penalty of disqualification
the bidder committing to pay the for two (2) years from
corresponding fine and be bidding for any
automatically disqualified from procurement contract with
bidding of any procurement any PE, upon receipt of the
contract of ant PE for a period of BO; and
time, upon receipt of the ❑ Payment of fine to be
Blacklisting Order (BO), in the event calculated in accordance to
it violated any of the conditions the rules set
stated therein
83
BID SECURITY
All bids should be accompanied with bid security as a
guarantee that after receipt of Notice of Award (NOA) the winning
bidder will enter into contract with the Procuring Entity and
furnish the required performance security.
PERFORMANCE SECURITY
Refers to:
❑ A guarantee that the winning bidder will
faithfully perform its obligation under the
contracts in accordance with the bidding
documents.
85
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
REVISED PERFORMANCE SECURING DECLARATION FORM
(GPPB Resolution No. 16-2020)
Similar to the PSD used in Framework Agreement, such

declaration shall state, among others, that the winning bidder
that it will be automatically disqualified from bidding of any
procurement contract of any procuring entity for a period of
one (1) year for the first offense or two (2) years for the
second offense, upon receipt of the Blacklisting Order, in the
event it violates any of the conditions stated in the contract.
⮚ An unnotarized PSD may be accepted, subject to
submission of a notarized PSD before payment, unless the
same is replaced with a performance security in the
prescribed form
86
PERFORMANCE SECURITY
Amount
FORM OF PERFORMANCE SECURITY PERFORMANCE SECURITY
(% EQUAL TO THE CONTRACT PRICE)
a) Cash or cashier’s/manager’s check (issued
by a universal or commercial bank if bidding
conducted by NGAs)* 5% (Goods & Consulting)
b) Bank guarantee/draft or Irrevocable LC 10% (Infra)
(issued by a universal or commercial bank if
bidding conducted by NGAs)*
c) Surety bond callable upon demand issued by
a surety or insurance company duly certified 30%
by the Office of the Insurance Commission
*For biddings conducted by LGUs, the Letter of Credit / Bank draft / Bank guarantee may be issued by other
banks certified by the BSP as authorized to issue such financial instrument (Section 39)
87
WARRANTY SECURITY
Amount
FORM OF WARRANTY SECURITY WARRANTY SECURITY
(Not less than the required % of the Total Contract Price)
a) Cash or Letter of Credit (issued by a

universal or commercial bank if bidding
conducted by NGAs)* 5%
b) Bank guarantee ( confirmed by a universal 10%
or commercial bank if bidding conducted by
NGAs)*
c) Surety bond callable upon demand issued
by a surety or insurance company duly
30%
certified by the Office of the Insurance
Commission
*For biddings conducted by LGUs, the Letter of Credit / Bank draft / Bank guarantee may be issued by other
banks certified by the BSP as authorized to issue such financial instrument (Section 62)
88
STANDARD RATES OF PBDs
Approved Budget for the Contract Maximum Cost of Bidding
(in Philippine Peso) Documents (in Philippine
Peso)
500,000 and below 500.00
More than 500,000 up to 1 Million 1,000.00
More than 1 Million up to 5 Million 5,000.00
More than 500 Million 75,000.00
* Bidding Documents Fee may be refunded if there is failure of bidding based on the grounds
provided for under Section 41 of RA 9184 and its IRR
89
RETENTION MONEY
❑ For Goods, retention money is 10% at least 1% of contract
price (Sec. 62, 2016 IRR of RA 9184)
❑ For Infrastructure Projects, retention money is 10% of

contract price
LIQUIDATED DAMAGES
An amount of liquidated damages shall be at least equal to
1/10 of 1% of the cost of unperformed portion for everyday of
delay.
Once the cumulative amount of liquidated damages reaches
Ten percent (10%) of the amount of the contract, the PE shall
may rescind or terminate the contract, without prejudice to
other courses of action and remedies available under the
circumstances.
91
Common Reasons For Bid Disqualification/Failure
❑ Late submission of bid
❑ No Letter Of Authority (LOA) from the company to submit bid docs
❑ Wrong insertion of documents
❑ Single Largest Completed Contract (SLCC) not indicated in the Statement of all
Government & Private Contracts completed which are similar in nature
❑ No Authority of Signing Official (sign/initial on all pages)
92
Common Reasons For Bid Disqualification/Failure
❑ Bid prices higher than the ABC (for Locally Funded Project)
❑ NFCC less than the ABC (for goods CLC 10% of ABC allowed)
❑ Negative slippage of at least 15% in any one project or at least 10% in each of
two or more contracts due to the fault of the contractor
❑ Unsatisfactory Constructor Performance Evaluation System (CPES) rating
❑ Relative up to 3rd civil degree by consanguinity/affinity to PE procurement org.
93
1. Objective
Outline
• Background
Pre-Bid Conference
Bid Evaluation
Post-Qualification
Notice of Award

94
Suggestions/Comments
❑ CREDITS
Images copyright
belong to respective
owners
HUILLIO B. BELLEZA, MNSA, CESO III
bellezahuillio52@gmail.com

RA 9184 June 15 - 16, 2021

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RA 9184 June 15 - 16, 2021

Uploaded by

Copyright:

Available Formats

Authorized Managing Officers

Dir. Huillio Belleza MNSA, CESO III

3. Government Policy Procurement Board ( GPPB )

❑ refersto the acquisition of

such as, but not limited to:

1. advisory and review services;

1. roads and bridges, flood control and drainage

TARGET INFRASTRUCTURE SPENDING 7% of GDP 13

, otherwise known as the

Advertisement / Posting of Invitation

3. Government Policy Procurement Board ( GPPB )

2. Foreign Assisted/Funded – FAP’s * (award even higher than ABC)

* under a treaty or international / executive agreement as provided in Sec.4

Memorandum *Revised IRR of 2016

3. Government Policy Procurement Board ( GPPB )

❑ Only in highly exceptional cases

❑ To promote economy and efficiency

❑ Justified by conditions specified in R.A. 9184 and its IRR

3. Government Policy Procurement Board ( GPPB )

Opening of Opening of 2nd

Bid Evaluation Award of

❑ Two stage systemAdvertisement /

❑ Evaluation System ( Quality Based or Quality Cost Based )

Opening of Opening of 2nd

Bid Evaluation Award of

Pre-Procurement Sec.20, prior to the issuance of the Invitation to

*No more after Oct.28, 2018

• Non attendance not ground for

➢ Foreign bidder allowed if: ➢ Foreign contractors allowed if :

• Stated in treaty or international or • Stated in treaty or international or executive

Sec. 23.4.1.2 Sec. 23.4.2.1

❑ Valid Mayor’s Permit Issued by the City/Municipality where the principal

❑ Valid BIR Tax Clearance Certificate

❑ Computation of Net Financial Contracting Capacity (NFCC) of at least equal

NFCC = (Current Assets – Current Liabilities) (K) - value of unfinished

The constant NFCC’s K factor is set at 15, regardless of contract duration

CFYs 2006-2007 & 2007- CFYs 2018-2019

AAA Large B ALL ALL

AA Large A Up to 300 Up to 450

A Medium B Up to 200 Up to 300

B Medium A Up to 100 Up to 150

INFRASTRUCTURE PROJECTS – SINGLE LARGEST COMPLETED CONTRACT (SLCC) (SLCC)

CLASS “B” DOCUMENTS (FOR JV)

❑ The submission of technical and financial eligibility documents by any of the

2. Statement of SLCC 2. Statement of SLCC

CONTENTS OF THE 1ST ENVELOPE ( TECHNICAL PROPOSAL FOR GOODS)

CONTENTS OF THE 1ST ENVELOPE ( TECHNICAL PROPOSAL FOR INFRA)

6. Technical Specifications, which may include: 6. Project Requirements:

4. Duly signed cash flow by quarter

BID FORM FOR

BID FORM FOR

STATEMENT OF THE BIDDER

For Owner’s Certificate of Acceptance:

Joint Venture Responsibilities of each of the JV partners or its

❑ Bid of a bidder rank as the Lowest Calculated Bid

Bid Evaluation Award of

3. Government Policy Procurement Board ( GPPB )

Composed of the following:

DTI DND DOF DOST DOE PhilSA

DTI DND DOF DOST DOE PhilSA

3. Government Policy Procurement Board ( GPPB )

❑Electronic Bulletin Board

❑ To ensure the widest dissemination of the Invitation to Bid

3. Government Policy Procurement Board ( GPPB )