SEC. 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) Approved Budget for the Contract;

(b) Instructions to Bidders, including criteria for eligibility, bid evaluation and post
qualification, as well as the date, time and place of the pre-bid Conference
(where applicable), submission of bids and opening of bids;
(c) Terms of Reference;
(d) Eligibility Requirements;
(e) Plans and Technical Specifications;
(f) Form of Bid, Price Form, and List of Goods or Bill of Quantities;
(g) Delivery Time or Completion Schedule;
(h) Form and Amount of Bid Security;
(i) Form and Amount of Performance Security and Warranty; and,
(j) Form of Contract, and General and Special Conditions of Contract.

The Procuring Entity may require additional document requirements or

specifications necessary to complete the information required for the bidders to
prepare and submit their respective bids.

SEC. 25. Submission and Receipt of Bids. – A bid shall have two (2)
components, namely the technical and financial components which should be in
separate sealed envelopes, and which shall be submitted simultaneously. The
bids shall be received by the BAC on such date, time and place specified in the
invitation to bid. The deadline for the receipt of bids shall be fixed by the BAC,
giving it sufficient time to complete the bidding process and giving the
prospective bidders sufficient time to study and prepare their bids.

The deadline shall also consider the urgency of the procurement involved. Bids
submitted after the deadline shall not be accepted. Notwithstanding the
provisions of this Section and Section 26 of this Act, the GPPB may prescribe
innovative procedures for the submission, receipt and opening of bids through
the G-EPS.

SEC. 30. Preliminary Examination of Bids. – Prior to Bid evaluation, the BAC
shall examine first the technical components of the bids using "pass/fail" criteria
to determine whether all required documents are present. Only bids that are
determined to contain all the bid requirements of the technical component shall
be considered for opening and evaluation of their financial component.

SEC. 32. Bid for the Procurement of Goods and Infrastructure Projects. –
For the procurement of Goods and Infrastructure Projects, the BAC shall
evaluate the financial component of the bids. The bids that passed the
preliminary examination shall be ranked from lowest to highest in terms of their
corresponding calculated prices. The bid with the lowest calculated price shall be
referred to as the "Lowest Calculated Bid."
Section 55. Protests on Decisions of the BAC

55.1 Decisions of the BAC at any stage of the procurement process may be
questioned by filing a request for reconsideration within the three (3)
calendar days upon receipt of written notice or upon verbal notification.
The BAC shall decide on the request for reconsideration within seven (7)
calendar days from receipt thereof. The bidder shall not be allowed to submit
additional documents to correct any defects in the bid submitted.

If a failed bidder signifies his intent to file a request for reconsideration, the BAC
shall keep the bid envelopes of the said failed bidder unopened and/or duly
sealed until such time that the request for reconsideration has been resolved.

8.5.2. 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.

Section 25. Submission and Receipt of Bids

25.1 Bidders shall submit their bids through their duly authorized representative
using the
forms specified in the Bidding Documents in two (2) separate sealed bid
envelopes,
or two (2) password-protected Bidding Documents in compressed archive
folders, in
case of electronic bid submission,51 and which shall be submitted
simultaneously.
The first shall contain the technical component of the bid, including the eligibility
requirements under Section 23.1 of this IRR for the procurement of Goods and
Infrastructure Projects, and the second shall contain the financial component of
the
bid.(a)
25.2 The first envelope shall contain the following technical
information/documents, at the
least:
a) For the procurement of Goods:
i) PhilGEPS Certificate of Registration and membership in accordance with
Section 8.5.2 of this IRR. For procurement to be performed overseas, it
shall be subject to the Guidelines to be issued by the GPPB.(a)
ii) Statement of all Ongoing Government and Private Contracts;
iii) Statement of SLCC;
iv) NFCC Computation or committed Line of Credit;
v) JVA or the Duly Notarized Statement in accordance with Section 23.1(b)
of this IRR, if applicable;
vi) Bid security in the prescribed form, amount and validity period;
vii) Technical Specifications, which may include production/delivery schedule,
manpower requirements, and/or after-sales service/parts, if applicable;
viii)Omnibus Sworn Statement in accordance with Section 25.3 of this IRR;
and
ix) For foreign bidders claiming eligibility by reason of their country’s
extension of reciprocal rights to Filipinos, a certification from the relevant
government office of their country stating that Filipinos are allowed to
participate in their government procurement activities for the same item
or product.

25.3 The Omnibus Sworn Statement executed by the bidder, or its duly
authorized representative, shall contain the following:
(a) The signatory is the duly authorized representative of the prospective bidder,
and granted full power and authority to do, execute and perform any and all acts
necessary to participate, submit the bid, and to sign and execute the ensuing
contract accompanied by the duly notarized Special Power of Attorney,
Board/Partnership Resolution, or Secretary’s Certificate, whichever is applicable;
(b) It is not “blacklisted” or barred from bidding by the GoP or any of its agencies,
offices, corporations, or LGUs, including foreign government/foreign or
international financing institution whose blacklisting rules have been recognized
by the GPPB; by itself or by relation, membership, association, affiliation, or
controlling interest with another blacklisted person or entity as defined and
provided for in the Uniform Guidelines on Blacklisting; (a)
(c) Each of the documents submitted in satisfaction of the bidding requirements
is an authentic copy of the original, complete, and all statements and information
provided therein are true and correct;
(d) It is authorizing the HoPE or his duly authorized representative/s to verify all
the documents submitted;
(e) It complies with the disclosure provision under Section 47 of the Act and this
IRR, in relation to other provisions of R.A. 3019;
(f) It complies with existing labor laws and standards;
(g) It complies with the responsibilities of a prospective or eligible bidder provided
in the PBDs;
(h) It did not give or pay, directly or indirectly, any commission, amount, fee, or
any form of consideration, pecuniary or otherwise, to any person or official,
personnel or representative of the government in relation to any procurement
project or activity; and [25.2(a)(iv), 25.2(b)(iv), 25.2(c)(iv)a]
(i) In case advance payment was made or given , failure to perform or deliver any
of the obligations and undertakings in the contract shall be sufficient grounds to
constitute criminal liability for swindling (estafa) or the commission of fraud with
unfaithfulness or abuse of confidence through misappropriating or converting any
payment received by a person or entity under an obligation involving the duty to
deliver certain goods or services, to the prejudice of the public and the
government of the Philippines pursuant to Article 315 of Act No. 3815 s. 1930, as
amended, or the Revised Penal Code.54 (n) 25.4 The second envelope shall
contain the financial information/documents as specified in the PBDs.