1

PURPOSE OF PBDs

 Scope of work, ABC, duration, outputs of the contract

 Minimum legal, technical and financial requirements to

be eligible to bid.

 Documents and other requirements that bidder must

include in his bid.

 Process and rules for: submission and receipt of bids,

evaluation of bids, post-qualification, and award of
contract.
 Terms and conditions of contract.
2
 2016 IRR AMENDMENTS

• The specifications and other terms in the Bidding

Documents shall reflect the minimum requirements or
necessary specifications required to meet the needs of the
Procuring Entity in clear and unambiguous terms.

• In mixed procurements, the PE shall specify the following in

the PBDs the requirements, criteria and other conditions of the
bidding procedures and of the ensuing contract as applicable to
each component of the project. In the preparation of PBDs,
the PE shall ensure compliance with existing laws, rules and
regulations, especially those concerning licenses and
permits required for the project.

3
 2016 IRR AMENDMENTS

Detailed Engineering for the Procurement of Infrastructure

Projects

• In case of projects with pending acquisition of right-of-way site

or location, the procurement process may commence, but no
award of contract shall be made until any of the following is
satisfied:
1. Issuance of an authority or permit to enter by the
property owner;
2. Execution of a notarized deed of sale or deed of donation
in favor of the government; or
3. Issuance of a writ of possession by a court of competent
jurisdiction.
4
AVAILABILITY OF BIDDING
DOCUMENTS

5
 WHEN AVAILABLE?

WHEN ARE THE BIDDING DOCUMENTS MADE

AVAILABLE?
From the time the Invitation to Bid (IB) is first
advertised/posted until the Deadline for the Submission
and Receipt of Bids. (Sec. 17.3, IRR of RA 9184; NPM 14-
2010)

RATIONALE:
To provide prospective bidders ample time to examine the
bidding documents and to prepare their bids.

• The PE shall post the complete Bidding Documents at its website and
the PhilGEPS website from the time the IB is advertised.

6
 PREPARATION OF
BIDDING DOCUMENTS

7
 REMINDERS

 PBDs to be used by all NGAs, GFIs, SUCs, GOCCs and

LGUs for fully domestically-funded projects.

 PBDs to be used in ADB, JICA and WB Projects in case of

National Competitive Bidding.

! Under Section 6.2 of the IRR of RA 9184, once issued

by the GPPB, the use of PBDs shall be mandatory upon
all PEs.

8
 REMINDERS

• The provisions that are intended to be used

unchanged are the following:

 Section II. Instructions to Bidders (ITB) and

 Section IV. General Conditions of Contract (GCC)

9
INVITATION TO BID (IB)

10
 PURPOSE

The Invitation to Bid provides information that

enables potential Bidders to decide whether to
participate in the procurement at hand.

11
 ESSENTIAL CONTENTS
1. Name of the contract to be bid and a brief description;
2. ABC and Source of Funding;

12
 ESSENTIAL CONTENTS

3. General statement on the criteria to be adopted in examination

and evaluation of bids, post-qualification and award of contract;

13
 ESSENTIAL CONTENTS
4. Period of availability of the Bid Docs, place where the Bid Docs
may be secured, website where the Bid Docs may be downloaded
and, where applicable, price of the Bid Documents
“acquired” by virtue of GPPB
Resolution Nos. 04 and 25-2012

14
 ESSENTIAL CONTENTS
5. Date, time, place of the deadline for the submission and receipt of
bid requirements, conduct of pre-bid conference, if any,
submission and receipt of bids and the opening of bids;
6. The deadline for the submission and receipt of bids from the last
day of posting of the Invitation to Bid

15
 INSTRUCTION TO BIDDERS
(ITB)
NOTE: Section II contains provisions that are to be used unchanged

16
 PURPOSE

Provides the information necessary for Bidders to prepare

responsive bids, in accordance with the requirements of the
Procuring Entity. It also provides information on bid
submission, bid opening, evaluation, post-qualification
and, award of contract.

17
 ESSENTIAL CONTENTS
SCOPE OF BID (as provided in the BDS)
Name of the PE
The name, identification, and number of lots
specific to the bidding

SOURCE OF FUNDS (as provided in the BDS)

CORRUPT, FRAUDULENT, COLLUSIVE, AND

COERCIVE PRACTICES
.

18
 ESSENTIAL CONTENTS

CONFLICT OF INTEREST
The presence of a conflict of interest is a ground for
Bidders’ disqualification.

1. Controlling shareholders in common with another

Bidder;
2. Bidder receives/received any direct or indirect
subsidy;
3. Bidders have the same legal representatives;
4. Bidder has a relationship with common third parties,
that may provide information or influence the Bid of
another Bidder;

19
 ESSENTIAL CONTENTS

CONFLICT OF INTEREST

5. Bidder submits more than one bid in this bidding process.

However, this does not limit the participation of
subcontractors in more than one bid;

6. Bidder who participated as a consultant in the preparation

of the design or technical specifications of the Goods and
related services that are the subject of the bid

7. Bidder who lends, or temporarily seconds, its personnel to

firms or organizations which are engaged in consulting
services for the preparation related to procurement for or
implementation of the project, if the personnel would be
involved in any capacity on the same project
20
 ESSENTIAL CONTENTS
Disclosure of Relations (Sec. 47, IRR of R.A. 9184).
Bidders should not be related either by consanguinity or
affinity up to the 3rd Civil Degree:

1. Head of the Procuring Entity;

2. Members of the BAC, TWG and BAC Secretariat;
3. Head of the PMO, end-user unit or implementing unit;
and
4. Project Consultants, if any.

21
 ESSENTIAL CONTENTS
Disclosure of Relations (Sec. 47, IRR of R.A. 9184) shall
apply to the following persons:

1. Individual/sole proprietor – Bidder

2. Partnerships – all of its officers and members;
3. Corporation – all of its officers, directors and
controlling stakeholders; and
4. Cooperative - all of its officers, directors, and controlling
shareholders or members
5. Joint Venture (JV) – bidder himself/herself, all of its
officers and members of partnerships, officers, directors
and controlling stakeholders of corporations and
partners of the JV.

22
 ESSENTIAL CONTENTS

WHO ARE ELIGIBLE BIDDERS?

WHAT ARE THE BIDDER’S RESPONSIBILITIES:

(Embodied in the Omnibus Sworn Statement)

23
 ESSENTIAL CONTENTS
Sample Omnibus Sworn Statement

Insert statement no.9 under

GPPB Resolution Nos. 22-2013

24
 ESSENTIAL CONTENTS
IS SUBCONTRACTING ALLOWED OR NOT?
NOTE:
• Procuring entity shall state in their Bid Docs whether to allow
subcontracting arrangements

• Bid docs shall identify portions of the contract which may be

subcontracted which shall not exceed the maximum
percentage limitations

• Subcontracting shall not relieve the principal from any

liability or obligation

• Subcontractor may be identified at any stage of the bidding

process or during contract implementation

25
 ESSENTIAL CONTENTS
IS SUBCONTRACTING ALLOWED OR NOT?
NOTE:
• Subcontractor may be identified at any stage of the
bidding process or during contract implementation
• If subcontractor is disclosed during bid submission,
bidder shall include the required documents as part of
the bid’s technical component.
• Subcontractors must comply with the eligibility criteria
and documentary requirements as specified by the PE in
their Bid Docs.
• If sub-contractor is ineligible, sub-contracting shall be
disallowed.

26
 ESSENTIAL CONTENTS

SCHEDULE AND VENUE OF BIDDING

ACTIVITIES

CLARIFICATION AND AMENDMENT OF

BIDDING DOCUMENTS, IF ANY

27
 ESSENTIAL CONTENTS
SAMPLE BID BULLETIN:

28
 ESSENTIAL CONTENTS

DOCUMENTS COMPRISING THE BID:

Eligibility Technical, Financial Components

PEs are proscribed from requiring additional

eligibility requirements (NPM 79-2013).
WHAT ARE ALTERNATIVE BIDS? ARE THESE
ALLOWED?

Alternative bid is an offer offer made by a Bidder in addition

or as a substitute to its original bid which may be included as
part of its original bid or submitted separately therewith for
purposes of bidding.

NOTE: Alternative bids shall be rejected.

29
 ESSENTIAL CONTENTS

BID PRICE AND CURRENCY

BID VALIDITY

30
 ESSENTIAL CONTENTS

BID SECURITY

FORMAT AND SIGNING OF BIDS

NOTE:

• Bids are submitted simultaneously in 2 separate

envelopes.

• 1st Envelope contains the technical bid component,

including the eligibility docs and the 2nd Envelope
shall contain the financial bid component

31
 ESSENTIAL CONTENTS
BID SECURING DECLARATION
Amended by virtue of GPPB
Resolution No. 15-2014.

32
 ESSENTIAL CONTENTS
BID SECURING DECLARATION

33
 ESSENTIAL CONTENTS

FORMAT AND SIGNING OF BIDS

NOTE (For Goods):

2009 IRR
Clause 19.4 Bid, except for unamended printed literature, shall be
signed, and each and every page thereof, shall be initialed, by the
duly authorized rep. (Clause 19.4, PBDs)

2016 IRR
Clause 19.4 Each and every page of the Bid Form, including the Schedule
of Prices, under Section VIII hereof, shall be signed by the duly
authorized representative/s of the Bidder. Failure to do so shall be a ground
for the rejection of the bid.
34
 ESSENTIAL CONTENTS

FORMAT AND SIGNING OF BIDS

Additional clause in the Bid Form:

“We acknowledge that failure to sign each and every page of

this Bid Form, including the Bill of Quantities (infra) or
Price Schedules (for goods), shall be a ground for the
rejection of our bid.”

35
 ESSENTIAL CONTENTS

SEALING AND MARKING OF BIDS

NOTE:

• Enclose the ORIGINAL Technical and Financial

Proposals in separate envelopes.
• Must be MARKED “ORIGINAL
TECHNICAL/FINANCIAL COMPONENT” – Outer
Envelope marked Original Bid
• Same with the copies – Copy No. __, Technical
Component
36
 ESSENTIAL CONTENTS

SEALING AND MARKING OF BIDS

NOTE:
• The ORIGINAL Technical/Financial Envelope and the
COPY Envelopes shall be CONTAINED in ONE
ENVELOPE.
• All envelopes shall have the required data.
• Procuring Entity not be responsible for misplaced bid
docs and premature opening.

37
 ESSENTIAL CONTENTS

SEALING AND MARKING OF BIDS

38
 ESSENTIAL CONTENTS

SEALING AND MARKING OF BIDS

39
 ESSENTIAL CONTENTS

SEALING AND MARKING OF BIDS

40
 STATEMENT OF ALL ONGOING
CONTRACTS (GOODS)
The Statement of All Ongoing Contracts shall indicate, for each
contract, the following:
(1) name of the contract;
(2) date of the contract;
(3) contract duration
(4) owner’s name and address;
(5) kinds of Goods;
(6) amount of contract and value of outstanding contracts; and
(7) date of delivery.

*Statement of all ongoing contracts requirement is merely a “statement”

of all ongoing contracts. It refers to a “statement” to be made by the
bidder relative to all its ongoing and private contracts, and not the
actual submission of the physical NOA, NTP or contracts.

41
 STATEMENT OF SINGLE LARGEST
COMPLETED CONTRACT (GOODS)
SLCC shall indicate, for each contract, the following:
(1) name of the contract;
(2) date of the contract;
(3) Contract duration;
(4) owner’s name and address;
(5) kinds of Goods;
(6) amount of completed contracts, adjusted by the Bidder to
current prices using PSA’s consumer price index, if necessary
for the purpose of meeting the SLCC requirement
(7) date of delivery; and
(8) end user’s acceptance or official receipt(s) or sales invoice*
issued for the contract, if completed, which shall be attached
to the statements.

42
 STATEMENT OF SINGLE LARGEST
COMPLETED CONTRACT (INFRA)

 SLCC shall indicate the same details as the Statement

of all ongoing contracts.

Note: The statement of the Bidder’s SLCC shall be

supported by the Project Owner’s Certificate of Final
Acceptance issued by the Owner other than the
Contractor or the Constructors Performance Evaluation
System (CPES) Final Rating, which must be at least
satisfactory. In case of contracts with the private sector,
an equivalent document shall be submitted.

43
 2016 IRR AMENDMENTS
Proposed Amendment in the PBDs to conform with the 2016 IRR.
The first envelope shall contain the following eligibility and
technical documents:
(a) Eligibility Documents –
Class “A” Documents:
(i) PhilGEPS Certificate of Registration and Membership in
accordance with Section 8.5.2 of the IRR of RA 9184, except for
foreign bidders participating in the procurement by a
Philippine Foreign Service Office or Post, which shall submit
their eligibility documents under Section 23.1 of the IRR of RA
9184, provided, that the winning bidder shall register with
the PhilGEPS in accordance with Section 37.1.4 of the IRR of
RA 9184.

44
 2016 IRR AMENDMENTS
Submission and Receipt of Bids

• The original copy of the bid form shall be typed or written

in ink and shall be signed by the bidder or its duly
authorized representative.

• Unsealed or unmarked bid envelopes shall be rejected.

However, bid envelopes that are not properly sealed and
marked, as required in the Bid Docs, shall be accepted,
provided that the bidder or its duly authorized
representative shall acknowledge such condition of the
bid as submitted. The BAC shall assume no responsibility
for the misplacement of the contents of the improperly sealed
or marked bid, or for its premature opening
45
 ESSENTIAL CONTENTS

DEADLINE FOR THE SUBMISSION OF BIDS

NOTE:
• Bids must be received at the address and on or before the date
and time indicated in the BDS.
• Bids submitted after deadline shall be declared “LATE” and
shall not be accepted by the BAC.
• The BAC Secretariat shall notify in writing all bidders whose bids
it has received through its PhilGEPS-registered physical address or
official e-mail address. The notice shall be issued within seven
(7) cd from the date of the bid opening

46
 ESSENTIAL CONTENTS

MODIFICATION OF BIDS

CAN BIDS BE MODIFIED?

• Bids may be submitted prior to and may be MODIFIED before

the deadline.
• To be instructed to submit another Bid equally sealed,
properly identified and linked to its original bid.
• Envelope marked as TECHNICAL / FINANCIAL
Modification.
• No Bids may be modified after the deadline for submission
and receipt of Bids.

47
 ESSENTIAL CONTENTS

WITHDRAWAL OF BIDS

CAN BIDS BE WITHDRAWN?

• Bids may be WITHDRAWN through a LETTER of

WITHDRAWAL, which must be received prior to the
deadline for submission and receipt of bids
• Withdrawing bidder NOT allowed to submit another Bid.
• For bids withdrawn within the interval between the deadline
and expiration of Bid validity, the Bid Security shall be
FORFEITED

48
 BID DATA SHEET (BDS)

Note: Amendments and/or supplements, if any, to provisions of the Instruction

to Bidders as necessitated by the circumstances of the specific
procurement, must also be incorporated.

49
 BID DATA SHEET

NOTE:

• This section is intended to assist the Procuring Entity in

providing the specific information in relation to
corresponding clauses in the ITB
• It has to be prepared for each specific procurement.
• It should specified in the BDS the information and
requirements specific to the circumstances of the
Procuring Entity, the processing of the procurement, the
applicable rules regarding bid price and currency, and
the bid evaluation criteria that will apply to the bids.

50
GENERAL CONDITIONS OF
CONTRACT (GCC)
and
SPECIAL CONDITIONS OF
CONTRACT (SCC)

51
 GCC and SCC

NOTE:

 The details in the GCC and SCC, submission and other

required documents listed therein, expressing all the rights
and obligations of the parties, should be complete.

 The GCC herein shall not be altered

 Any changes and complementary information, which may

be needed, shall be introduced only through the SCC

 No special condition which defeats or negates the general

intent and purpose of the GCC should be in incorporated
in the SCC.
52
 GCC and SCC

PROCURING ENTITY’S RESPONSIBILITIES

 PE to make best effort to assist the Supplier in obtaining

permits, approvals, import, and other licenses required
for the performance of the obligations in the Contract.

 PE shall pay all costs involved in the performance of its

responsibilities.

53
 GCC and SCC

PRICES

 All bid prices are considered fixed prices, and therefore

not subject to price escalation during contract
implementation, except under extraordinary
circumstances and upon prior approval of the GPPB in
accordance with Section 61 of R.A. 9184 and its IRR or
except as provided in this Clause.

54
 GCC and SCC

STANDARDS

 GOODS to conform to the standards mentioned in

Section VII. Technical Specifications

 When no applicable standard is mentioned, to the latest

authoritative standards appropriate to the GOODS’
country of origin.

55
 GCC and SCC

INSPECTION AND TESTS

 PE or its representative has the right to inspect and/or

test the GOODS at no extra cost in order to confirm their
conformity to the Contract specifications.
 SCC specifies what inspections and/or tests the PE
requires
 If applicable, inspections and tests may be conducted on
the premises of the Supplier or its subcontractor(s), at
point of delivery, and/or at the GOODS’ final destination.
 PE may reject any GOODS or any part thereof that fail to
pass any test and/or inspection or do not conform to the
specifications.
56
 GCC and SCC

INSPECTION AND TESTS

 Supplier to rectify or replace such rejected GOODS or

parts thereof or make alterations necessary to meet the
specifications, and shall repeat the test and/or inspection
at no cost to the PE.
 Supplier agrees that neither the execution of a test
and/or inspection of the Goods or any part thereof, nor
the attendance by the PE or its representative, shall
release the Supplier from any warranties or other
obligations under this Contract.

57
 GCC and SCC

DELAYS IN THE SUPPLIER’S PERFORMANCE

 Delivery of Goods and/or performance of Services shall be made

in accordance with the Section VI. Schedule of Requirements.
 In case of perceived delay, Supplier shall promptly Notify the
Procuring Entity in writing, together with its likely duration and
causes.
 Except as provided under GCC Clause 22, a delay by the
Supplier in the performance of its obligations shall render the
Supplier liable to the imposition of liquidated damages pursuant
to GCC Clause 19, unless an extension of time is agreed upon
pursuant to GCC Clause 29 without the application of
liquidated damages.
58
 GCC and SCC

FORCE MAJEURE
 Winning Bidder is not liable for delay in performance or
other failure to perform obligations under the Contract if
such is caused by force majeure.
 “Force majeure” and “fortuitous event” interpreted to mean
an event which the Winning Bidder could not have
foreseen, or which though foreseen, was inevitable.
 Does not include conditions the effects of which could have
been avoided with the exercise of reasonable by the
Winning Bidder.
 Winning Bidder to promptly notify the PE if a force majeure
situation arises.
59
 GCC and SCC

ASSIGNMENT OF RIGHTS

 Assignment of rights or obligations shall be with prior

written consent by the PE, in whole or in part.

60
 STANDARD RATES OF PBDs

Approved Budget for the Contract Maximum Cost of

(in Philippine Peso) Bidding 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 5 Million up to 10 Million 10,000.00
More than 10 Million up to 50 Million 25,000.00
More than 50 Million up to 500 Million 50,000.00
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
61
 THANK YOU!!

Contact us at:

Unit 2506 Raffles Corporate Center

F. Ortigas Road, Ortigas Center
Pasig City, Philippines 1605

TeleFax: (632)900-6741 to 44

62