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STANDARD BIDDING PROCEDURES

FOR GOODS AND INFRASTRUCTURE


PROJECTS

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GENERAL PRINCIPLES AND CONSIDERATIONS
I

PROCEDURE AND REQUIREMENTS FOR COMPETITIVE


BIDDING OF GOODS AND INFRASTRUCTURE PROJECTS

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distribution without the author’s approval is prohibited.
GENERAL PRINCIPLES AND
CONSIDERATIONS

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
GENERAL MODE OF PROCUREMENT

• Use of Competitive
Bidding

• Except for instances


provided in Rule XVI of
IRR of RA 9184
COMPETITIVE BIDDING

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PROCUREMENT STANDARD
NO APP

NO PROCUREMENT

The METHOD OF PROCUREMENT in


the approved APP shall be used.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
WHAT ARE GOODS?

Stationery Trucking Office Subscription


Equipment

Repairs Security Fixture and Media


Furnitures
INFRASTRUCTURE PROJECTS
Include the construction, improvement,
rehabilitation, demolition, repair,
restoration or maintenance of roads and
bridges, railways, airports, seaports,
communication facilities, civil works components
of information technology projects, irrigation,
flood control and drainage, water supply,
sanitation, sewerage and solid waste
management systems, shore protection,
energy/power and electrification facilities,
national buildings, school buildings, hospital
buildings, and other related construction projects
of the government.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
BIDDING PROCEDURE
SINGLE STAGE
SINGLE STAGE 2 - PW PROTECTED
2 - ENVELOPE SYSTEM BIDDING DOCUMENTS
EARLIEST PERIOD

BID TECHNICAL
PW: XXXX
TECHNICAL
FINANCIAL

FINANCIAL
PW: XXXX

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WHO ARE ELIGIBLE BIDDERS?

Duly licensed Corporations with at least Cooperatives duly


Filipino citizens/ sole 60% Filipino interest organized under the laws
proprietorships or ownership of the Philippines
Foreign bidders
(Treaty or
International or
Executive Agreement)
Partnerships with at Joint Ventures (JVs) with at
least 60% Filipino least 60% Filipino interest
interest or ownership or ownership

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without the author’s approval is prohibited.
FOREIGN EQUITY REQUIREMENT IN
GOVERNMENT PROCUREMENT
AMENDMENT ON FOREIGN EQUITY
REQUIREMENT

EO 65, s.2018 ✔ Partnerships duly organized under the laws of


the Philippines and which at least 60% [from
75%] of the interest belongs to citizens of the
Philippines
✔ Corporations duly organized under the laws of
the Philippines, and of which at least 60% of the
outstanding capital stock belongs to citizens of
the Philippines
✔ For persons/entities forming themselves into a
joint venture, Filipino ownership or interest of the
joint venture concerned shall be at least 60%.

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INVITATION TO OBSERVERS
AT LEAST 3 OBSERVERS:

They MUST be invited in writing at least


FIVE (5) CALENDAR DAYS (CD) before the date
of the following procurement activity:

PRE-BID CONFERENCE PRELIMINARY BID


EXAMINATION

COA
DULY RECOGNIZED POST-QUALIFICATION BID EVALUATION
PRIVATE SECTOR
GROUP

NGO
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without the author’s approval is prohibited.
ONLINE ACCESS TO OBSERVERS

Online monitoring for


1 observers using the mPhilGEPS

PEs to provide online access to


2 observers for monitoring all stages of
procurement using the mPhilGEPS

3 PEs to inform the GPPB-TSO via


email (observers@gppb.gov.ph) if
online access cannot be provided

GPPB Circular No. 01-2021


COMPETITIVE BIDDING
PROCEDURE AND
REQUIREMENTS

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STANDARD COMPETITIVE BIDDING PROCEDURE
FOR GOODS AND SERVICES
Pre-Procurement Advertisement Pre-Bid
Conference 7 Conference 1 cd
cd as
necessary

Opening of 1st Envelope –


Submission of Opening of 2nd Envelope –
Eligibility Documents &
Bids Financial Proposal
45 Technical Proposal

cd

Bid Evaluation Award


Post-qualification
and Ranking of Contract 15
7 cd 12/
45 cd cd
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
STANDARD COMPETITIVE BIDDING PROCEDURE
FOR INFRASTRUCTURE PROJECT
Pre-Procurement Advertisement Pre-Bid
Conference 7 Conference 1 cd
cd as
necessary

Opening of 1st Envelope –


Submission of Opening of 2nd Envelope –
Eligibility Documents &
Bids Financial Proposal
50 or Technical Proposal
65 cd

Bid Evaluation Award


Post-qualification
and Ranking of Contract 15
7 cd 12/
45 cd cd
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POSSIBLE PERIODS TO COMPLETE THE
PROCUREMENT ACTIVITY FOR GOODS

EARLIEST PERIOD MAXIMUM PERIOD

26 CDs 136 CDs


Excluding Approval of Higher Authority, if applicable
POSSIBLE PERIODS TO COMPLETE THE
PROCUREMENT ACTIVITY FOR INFRA PROJECTS
MAXIMUM PERIOD
EARLIEST PERIOD

156 MAXIMUM PERIOD

26 CDs CDs 141


CDs
Excluding Approval of Higher Authority, if applicable
USE OF DIGITAL SIGNATURE
PPMP and APP Notice of Eligibility Post- Qualification Report

RFQ/ RFP Notice of Shortlisting Notice of Post-DQ

PBDs Abstract of Quotations Notice of Award

Invitation to Bid/ REI Abstract of Bids Approval of Higher Authority

Supplemental/ Bid Bulletin Bid Evaluation Report Notice to Proceed

Notice of Postponement Notice to the LCB BAC Resolutions

PROCUREMENT OFFICERS AND OFFICIALS


MAY DIGITALLY OR ELECTRONICALLY
SIGN PROCUREMENT DOCUMENTS
GPPB RESOLUTION NO. 16-2019
GPPB RESOLUTION NO. 09-2020

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USE OF VIDEOCONFERENCING,
WEBCASTING & SIMILAR TECHNOLOGY
PROCUREMENT ACTIVITIES THAT MAY BE CONDUCTED ELECTRONICALLY

PRE-PROCUREMENT BID OPENING ALL OTHER PROCUREMENT


CONFERENCE ACTIVITIES/ MEETINGS

(GPPB RESOLUTION NO. 24-2018)


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USE OF VIDEOCONFERENCING,
WEBCASTING & SIMILAR TECHNOLOGY

QUORUM
A member of the BAC (including
Chairperson and Vice-Chairperson) may be
present either in person or face-to-face
through videoconferencing, webcasting
or similar technology for PEs with such
technology.

(GPPB RESOLUTION NO. 24-2018)

Decisions made of at least a majority of the BAC members present, using such
technology shall be considered valid and binding

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PRE-PROCUREMENT CONFERENCE
PURPOSE: TO DETERMINE THE READINESS OF THE PROCUREMENT

TIMELINE CONDITION PARTICIPANTS

❑ BAC
Mandatory for projects ❑ BAC Secretariat
Conducted prior to with ABC above Php2M ❑ TWG
advertisement or for Goods ❑ Consultants for the subject
posting of the IB and above Php5M for procurement project, if any
Infra Projects ❑ End-user unit
❑ Other Officials

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REFERENCE TO BRAND NAMES

❑ The prohibition applies to the procurement of


goods, and goods component of Infrastructure
Projects and Consulting Services.

❑ Specifications should be based on relevant


characteristics, functionality and performance
requirements, except for items or parts that are
compatible with the existing fleet or equipment of
the same make and brand, and to maintain the
performance, functionality and useful life of the
equipment.
SEC. 18 OF RA 9184 AND ITS IRR

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ADVERTISEMENT / POSTING OF THE
INVITATION TO BID
PURPOSE: START THE BIDDING PROCESS AND INVITE INTERESTED BIDDERS TO
PARTICIPATE IN THE PROCUREMENT ACTIVITY

TIMELINE

7
calendar days
www.xxxx.gov.ph

continuously

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SUNSET PROVISION ON ADVERTISEMENT
IN NEWSPAPER

Advertisement of bid opportunities


in a newspaper shall no longer be
required two (2) years after the
effectivity of the 2016 Revised IRR
of RA No. 9184 or from October 28,
2018 onwards (GPPB Resolution
No. 22-2018)

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BIDDING DOCUMENTS FEE

APPROVED BUDGET FOR THE MAX. COST OF BIDDING


CONTRACT DOCUMENTS IN PHP
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

May be refunded More than 5 Million up to 10 Million 10,000.00


based on the
grounds provided More than 10 Million up to 50 Million 25,000.00
for under Section More than 50 Million to 500 Million 50,000.00
41 (Reservation
Clause) More than 500 Million 75,000.00

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PRE-BID CONFERENCE

TIMELINE PURPOSE
at least To discuss, clarify and explain,
among other things, the eligibility

12
calendar days
requirements and the technical
and financial components of the
contract to be bid including
questions and clarifications
before deadline for raised by the prospective bidders
bid submission but not before and during the Pre-Bid
earlier than 7 CDs
from the PhilGEPS Conference
posting

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PRE-BID CONFERENCE

MEASURES TO MAXIMIZE
PRE-BID CONFERENCE

BAC SHALL HAVE A


PROACTIVE ROLE
DURING THE PRE-BID
CONFERENCE …

GPPB RESOLUTION 02-2018

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PRE-BID CONFERENCE

MINUTES OF THE MEETING


PRE-BID CONFERENCE

shall no longer be
posted in PE’s
website

GPPB RESOLUTION 04-2021

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SUPPLEMENTAL/BID BULLETINS

TIMELINE PURPOSE
issued at least

BID BULLETIN Issued by the BAC, duly

7
calendar days
signed by BAC
Chairperson, to:
❑ Answer requests for
clarification or
before deadline for
interpretation
bid submission. ❑ Clarify or modify any
Queries should be submitted provision of Bidding
to the BAC 10 CDs before
deadline for bid submission. Documents

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
SUBMISSION AND RECEIPT OF BIDS
BID VALIDITY

Financial
Proposal

120
calendar days
from the date of the
opening of bids

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SEALING AND MARKING OF BIDS

1 ORIGINAL
TECHNICAL
ORIGINAL

ORIGINAL
TECHNICAL

ORIGINAL
BID
ORIGINAL
Each envelope shall contain the name
FINANCIAL
FINANCIAL of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]

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SEALING AND MARKING OF BIDS

2 COPY 1

COPY 1
COPY 1
TECHNICAL

TECHNICAL

COPY 2
BID
COPY 2
Each envelope shall contain the name
FINANCIAL
FINANCIAL of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]

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SEALING AND MARKING OF BIDS

3 ORIGINAL BID

ORIGINAL ORIGINAL

BID
TECHNICAL FINANCIAL

COPY 1 - BID

COPY 1 COPY 1
TECHNICAL FINANCIAL Each envelope shall contain the name
of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
SEALING AND MARKING OF BIDS

IMPROPERLY
SEALED
UNSEALED
& &
UNMARKED BID MARKED

NOT IMPROPERLY
COMPRESSED COMPRESSED
& PASSWORD & PASSWORD
PROTECTED PROTECTED

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ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
The BAC shall decide whether to allow
the online or electronic submission and
receipt of bids based on the PE’s
procurement needs and capabilities,
and shall be clearly stated in the IB,
including bidding documents if allowed
GPPB RESOLUTION NO. 09-2020

1 THROUGH ANY
2
THROUGH GPPB
ELECTRONIC MEANS ONLINE PORTAL
AVAILABLE https://gppbgovph.com/

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ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
GUIDELINES THROUGH ELECTRONIC MEANS
GPPB RESOLUTION NO. 09-2020

ALLOWS ACCESS TO A PASSWORD

1 2-FACTOR SECURITY PROCEDURE:


ARCHIVED AND PASSWORD
2 PROTECTED BIDDING DOCUMENTS.
Passwords shall be disclosed by the Bidders
PROTECTED only during the actual bid opening

3 CAPABALE OF GENERATING AN
AUDIT TRAIL OF TRANSACTIONS

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CERTIFICATION ON ELECTRONIC
SUBMISSION AND RECEIPT OF BIDS
Certification, using GPPB-prescribed format,
must:
❑ Be issued by the highest official managing the
Information Technology system of the agency
❑ Describe the electronic system or procedure to
be used by the PE for the electronic
submission and receipt of bids, and compliant
with the requirements under GPPB Resolution
No. 09-2020
❑ Submitted to the GPPB-TSO through
ITcertification@gppb.gov.ph
GPPB RESOLUTION NO. 12-2020

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SUBMISSION AND RECEIPT OF BIDS
Date of submission should not be later than the
following periods from the last day of posting of IB: For bids submitted
electronically, the PEs
shall generate a Bid
GOODS INFRA INFRA receipt page for the
official time of

45 65 50
submission which can
be saved or printed by
the bidder, upon receipt
calendar days calendar days of the first and second
calendar days envelope
Php50M below above Php50M

GPPB RESOLUTION
NO. 09-2020

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SUBMISSION AND RECEIPT OF BIDS

MODIFICATION OF BIDS WITHDRAWAL OF BIDS For electronic bid


submission, Bidders shall
❑ Before the deadline of ❑ LETTER of WITHDRAWAL, send another Bid equally
submission of bids must be received prior to secured, properly identified,
❑ Bidder shall not be the deadline for submission and labelled as a
allowed to retrieve its and receipt of bids “modification” of the one
original bid previously submitted. The
❑ For bids withdrawn within
❑ Submit new bid equally time indicated in the latest
the interval between the
sealed, properly Bid receipt page
deadline and expiration of
identified, linked to its generated shall be the
original bid and marked Bid validity, the Bid Security
official time of submission.
as a “MODIFICATION” shall be FORFEITED.
GPPB RESOLUTION
NO. 09-2020

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OPENING AND PRELIMINARY EXAMINATION OF BIDS

The BAC shall open the bids in public immediately after the deadline for the
submission and receipt of bids

1st ENVELOPE 2ND ENVELOPE Ranking


❑ presence or
absence Only bidders
Only 2nd Envelopes
❑ checklist of whose 1st and 2nd
of bidders whose 1st
required envelopes were
Envelope was rated
documents rated “PASSED”
❑ non-discretionary “PASSED” shall be
will be ranked as
“pass/fail” opened
read
criterion
OPENING AND PRELIMINARY EXAMINATION OF BIDS

❑ In case the submitted bids cannot be


opened as scheduled due to justifiable
reasons
❑ the BAC shall take custody of the said
bids and reschedule the opening on the
next working day or at the soonest
possible time
❑ Post in the PhilGEPS website and the
website of the PE concerned

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OPENING AND EVALUATION OF 1ST ENVELOPE

TECHNICAL COMPONENT
Eligibility Technical
Requirements Requirements

Class “A”
✔Legal Documents Bid Security
✔Technical Documents
✔Financial Documents

Class “B”
Project Requirements
✔Joint Venture Agreement

Omnibus Sworn Statement

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ELIGIBILITY REQUIREMENTS

CLASS “A”
CLASS “A” CLASS “A”
TECHNICAL CLASS “B”
LEGAL Documents FINANCIAL Documents
Documents
Net Financial In case of Joint
PhilGEPS Certificate of Statement of All
Contracting Venture, JV
Registration (PLATINUM Ongoing
Capacity (NFCC) Agreement entered
MEMBERSHIP) Contracts
or CLC (for Goods) into by the parties
OR
SEC Certificate of Statement of Single
Registration / DTI Largest Completed
Registration Contract (SLCC)
Mayor’s Business
Permit
Tax Clearance Valid PCAB License / Special PCAB
License for JVA (for Infra)
Audited Financial
Statement

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LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

MAYOR’S PERMIT ❑ Recently expired Mayor’s/Business


permit SHALL BE ACCEPTED together
with the OR

❑ The renewed permit shall be submitted


as a POST-QUALIFICATION
REQUIREMENT in accordance with
Sec. 34.2 of the 2016 IRR of RA 9184

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LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

❑ Submission of BIR receipt for renewal


TAX CLEARANCE
of Tax Clearance will not suffice in lieu
of a valid Tax Clearance Requirement.

❑ Submission of Provisionary Tax


Clearance issued by the BIR for
bidding purposes is not acceptable
form of Tax Clearance (GPPB
Resolution No. 01-2014).

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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

STATEMENT OF ALL ONGOING GOVERNMENT AND


PRIVATE CONTRACTS

❑ Statement of the prospective bidder of all


ongoing government and private contracts,
including contracts awarded but not yet
started, if any, whether similar or not similar
in nature and complexity to the contract to
be bid.

❑ The statement shall include ALL


information required in the Bidding
Documents

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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)

GENERAL RULE EXEPTIONS


EXPENDABLE
SUPPLIES
if then
at the outset and after require at least 2 similar

SERVICES &
25% market research,
applying the general
contracts aggregate
amount at least
NON-EXPENDABLE equivalent to required
rule will likely result to:
SUPPLIES percentage; and largest
FAILURE OF

50%
of the similar contracts
BIDDING amounts to at least 50%
or of required percentage.
MONOPOLY

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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)

EXPENDABLE GOODS NON-EXPENDABLE GOODS


ABC = P1,000,000.00 ABC = P1,000,000.00
GR: 25% of the ABC GR: 50% of the ABC

THUS: Previous contract should be at least THUS: Previous contract should be at least
P250,000.00 (required percentage) P500,000.00 (required percentage)

EXCEPTION: The aggregate amount of at EXCEPTION: The aggregate amount of at least 2


least 2 similar contracts is at least equivalent similar contracts is at least equivalent to required
to the required percentage; and Largest of the percentage; and Largest of the similar contracts
similar contracts amounts to at least 50% of amounts to at least 50% of required percentage.
required percentage.
THUS: 1st contract = P300,000.00
THUS: 1st contract = P100,000.00 2nd contract = P400,000.00
2nd contract = P200,000.00

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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)


INFRASTRUCTURE PROJECTS

❑ The SLCC completed should be similar to the contract to be bid, or


has the same major categories of work

❑ The SLCC’s value should be at least 50% of the ABC to be bid upon
adjustment to current prices using the PSA consumer price indices

❑ Contractors under Small A and Small B categories without similar


experience on the contract may participate if the cost of the contract
to be bid is not more than the Allowable Range of Contract Cost
(ARCC) of their registration

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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

PHILIPPINE CONTRACTOR’S ACCREDITATION BOARD


PCAB LICENSE

❑ valid PCAB License or

❑ Special PCAB License for JV

❑ Registration for the type and cost of the contract to be bid,


should be valid at the time of the deadline for the
submission and opening of bids.

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TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

NON-ACCEPTABILITY OF TEMPORARY PCAB LICENSE

PCAB License ✋ Temporary PCAB License

✔License issued by the Philippine ✔Refers to the document issued by


Contractors Accreditation Board PCAB to a contractor who has filed for
allowing an entity to engage in renewal of PCAB License before the
business as a contractor 30th day of June but have not yet been
✔Turn-around time for its issuance is processed due to high volume of
twenty (20) calendar days applicants

GPPB RESOLUTION NO. 10-2019


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FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

AUDITED FINANCIAL STATEMENT

❑ showing, among others, the bidder’s total


and current assets and liabilities
❑ stamped “RECEIVED” by the BIR or its duly
accredited and authorized institutions
❑ AFS for the preceding calendar year which
should not be earlier than two (2) years
from the date of bid submission

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FINANCIAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
For Goods and Infrastructure Projects
NET FINANCIAL CONTRACTING CAPACITY (NFCC)

❑ The NFCC value should be at least equal to the ABC to


be bid.
[(Current assets minus current liabilities) (K)] minus the

=
value of all outstanding or uncompleted portions of the
NFCC projects under ongoing contracts, including awarded
contracts yet to be started, coinciding with the contract
to be bid.

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


contract duration

For Goods : either NFCC or Credit Line Certificate


(CLC)
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ELIGIBILITY REQUIREMENTS (CLASS “B”)
REQUIREMENTS FOR JOINT VENTURES

JOINT SUBMISSION
VALID JOINT VENTURE AGREEMENT

to be submitted by to be submitted by
ALL partners ANY of the partners
� Legal Eligibility � Technical Eligibility
Documents (or Documents
PhilGEPS Certificates � Financial Eligibility
of Registration under Documents
Platinum membership
category)

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ELIGIBILITY REQUIREMENTS FOR FOREIGN BIDDERS
Equivalent Class “A” Documents
Language of Documents Authentication of Documents
Translation of eligibility
English language requirements submitted
issued by the relevant by foreign bidders shall
foreign government be authenticated
agency, the foreign
government agency Apostille, except for
authorized to translate certain countries
documents, or registered identified that require
translator in the foreign legalization
bidder’s country
- GPPB Resolution No.
13-2019

Image from dfa.gov.ph

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without the author’s approval is prohibited.
ELIGIBILITY REQUIREMENTS FOR FOREIGN
BIDDERS
NEW PROVISION
For Contracting Parties to
the Apostille Convention,
the documents shall be
authenticated through an
apostille by the
Competent Authority,
except for countries
identified by the Department
of Foreign Affairs (DFA) that
will still require legalization
(red ribbon) by the relevant
Embassy or Consulate.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
BID SECURITY
PURPOSE: FORMS:

To guarantee that the


successful bidder
2%
of the
shall, within ten (10) ABC

CDs from receipt of the


notice of award, enter
CASH OR CASHIER’S/ BID SECURING DECLARATION
into contract with the MANAGER’S CHECK
PE and furnish the BANK GUARANTEE / DRAFT OR
performance security IRREVOCABLE LETTER OF CREDIT,
ISSUED BY A UNIVERSAL OR
required. COMMERCIAL BANK

5% SURETY BOND CALLABLE


of the UPON DEMAND
ABC

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BID SECURITY
BID SECURING DECLARATION

REVISED PROVISION REVISED PENALTIES


A document/undertaking
signed by the bidder ❑ Penalty of
committing to pay the disqualification for two
corresponding fine and be (2) years from bidding
automatically disqualified for any procurement
from bidding of any contract with any PE,
procurement contract of a upon receipt of the BO
PE for a period of time,
upon receipt of the ❑ Payment of fine to be
BLACKLISTING ORDER calculated in accordance
(BO), in the event it violated any with the rules set
of the conditions stated therein
GPPB RESOLUTION NO. 16-2020

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OMNIBUS SWORN STATEMENT
REVISED OMNIBUS SWORN STATEMENT

❖ Non-inclusion in blacklist (*revised*) ❖ Non-payment (directly or indirectly) any


❖ Authenticity of documents commission, amount, fee, or any form of
❖ Verification authority consideration in relation to any
❖ Signatory’s authority procurement project or activity
❖ Disclosure of relations ❖ In case advance payment was made or
❖ Responsibilities of bidders given, failure to perform or deliver any of
❖ Labor laws and standards the obligations and undertakings in the
contract shall be sufficient grounds to
constitute criminal liability (*new*)

GPPB RESOLUTION NO. 16-2020

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ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
The SCANNED Copies of the FIRST ENVELOPE with the Required Forms shall
be considered as compliant with the requirements of bid submission,

✔ subject to the submission of the original copies of the following


✔ during post-qualification:

1. Bid Security or Bid Securing Declaration


2. Omnibus Sworn Statement
Non-submission of these forms shall be a ground for
post-disqualification, pursuant to Section 30.1 of the
2016 revised IRR of RA 9184.
GPPB RESOLUTION NO. 16-2020

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
GPPB RESOLUTION NO. 09-2020

PEs shall accept alternate Unnotarized Bid


documentary requirements Securing Declaration
for procurement activities
during a State of Calamity, Expired Business or
or implementation of Mayor's permit with subject to submission of Business or
community quarantine or Official Receipt of renewal Mayor's permit after award of
application contract but before payment;
similar restrictions
declared, which existence
shall be determined and Omnibus Sworn subject to compliance therewith after
validated by the BAC Statement award of contract but before
payment

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
OPENING AND EVALUATION OF 2nd
ENVELOPE

2nd ENVELOPE: FINANCIAL PROPOSAL

❑FINANCIAL BID FORM, including:


❖ Bid Prices
❖ Bill of Quantities
❖ Price Schedules
❑In case of GOODS, Certification from the DTI if
claiming preference as DOMESTIC BIDDER (RA
No. 10667)

❑Other documents required in the bidding


documents

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DETAILED EVALUATION OF BIDS

PURPOSE METHOD TIMELINE

To determine the A non-discretionary should be


criterion shall be used, completedwithin
Lowest Calculated Bid
which shall include
(LCB) , by: consideration of:
❑ Establishing correct
calculated prices of
bids; and
❑ Ranking calculated
❑ Completeness of bids;
and
❑ Minor arithmetical
corrections
7
calendar days
from the deadline for receipt
total bid prices from of proposals
Results shall be contained
lowest to highest in the ABSTRACT OF BIDS

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
DETAILED EVALUATION OF BIDS

NO CONTACT RULE:
Prohibition on communication w/ bidders from bid evaluation until
award of contract
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
BID EVALUATION

DOMESTIC PREFERENCE
Domestic Foreign
Bidder Bidder Applies where the lowest bid has a
foreign component (foreign bid) and
the next lowest bid has a domestic
component (domestic bidder)

❑ The lowest foreign bid is


100k 100k increased by 15%

100k ❑ The lowest domestic bidder


100k matches the lowest bid of the
foreign bidder

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BID EVALUATION
DOMESTIC PREFERENCE

SAMPLE COMPUTATION:
NEXT LOWEST
LOWEST CALCULATED BID
CALCULATED BID
Foreign Bidder Domestic Bidder
Bid 2,653,360.00 3,009,492.00
% Preference x 15%
398,004.00
+ 2,653,360.00
Bid as
3,051,364.00 3,009,492.00
increased
Award to Domestic Bidder at 2,653,360.00, or
RESULT Award to Foreign Bidder if Domestic Bidder refuses

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
POST-QUALIFICATION

PURPOSE METHOD TIMELINE


should be completed within
To determine whether
the LCB complies with A non-discretionary
and is responsive to all
requirements and
conditions as specified
pass or fail criterion
shall be used to
“VERIFY, VALIDATE
12
calendar days
in the Bidding AND ASCERTAIN” all
statements and TIMELINE
Documents, to be
declared the Lowest documents submitted should be completed within

Calculated and by the LCB


Responsive Bid (LCRB)
45
calendar days
EXCEPTIONAL cases upon
approval by the HoPE

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POST-QUALIFICATION

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
SEC CERTIFICATE OF REGISTRATION FOR
FOREIGN BIDDERS
AMENDMENT SECTION 37.1.4 (A)(III) OF THE IRR OF RA 9184

Within ten (10) CD from receipt by the winning bidder of the Notice of Award,
the following documents shall be submitted before the contract may be
awarded:
i. xxx
ii. xxx
iii. The SEC Certificate of Registration of the foreign
corporation/consulting firm and/or the authority or license from the
appropriate government agency or professional regulatory body of the
foreign professionals engaging in the practice of regulated professions and
allied professions, where applicable.
GPPB RESOLUTION NO. 25-2019

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AWARD OF CONTRACT

❑ The BAC shall recommend award of contract to the


Lowest Calculated and Responsive Bid (LCRB) at
submitted price or calculated price, whichever is
lower.
TIMELINE
❑ The BAC shall notify all other bidders, in writing, of
its recommendation to HoPE of award of contract to within
LCRB within 3 CD from the issuance of the resolution
recommending award.
15
calendar days
APPROVE or
DISAPPROVED by the HoPE

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
AWARD OF CONTRACT
POSTING REQUIREMENT

NOTICE OF
AWARD
within

3
calendar days
www.xxxx.gov.ph

from the date of issuance of


the NOA

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AWARD OF CONTRACT

Award of contract is subject to the following conditions within 10 CD


from issuance of NOA:
� If JV, submission of JVA
� In the case of procurement by a Philippine Foreign Office or Post, PhilGEPS
Registration Number
� If foreign-funded and stated in treaty, international or executive agreement,
PCAB License
� Posting of Performance Security
� Signing of Contract upon compliance with all documentary requirements
� If required, approvals by higher authority

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
AWARD OF CONTRACT UNDER REENACTED BUDGET

Objective
✔ To clarify that agencies may award contract
during reenacted budget under certain
instances. Hence, PEs never have to wait
for the new GAA to be enacted

Coverage
✔ Issued in December 2018 in anticipation of
reenacted budget in 2019
✔ This guidelines are still applicable in any
and future instances of reenacted budget

75
75
AWARD OF CONTRACT UNDER REENACTED BUDGET

❑Tolling of periods

❑Period of time for the award


of contract & termination of
procurement process shall
begin to run again upon
effectivity of the new GAA

❑Extension of bid validity

76
76
PERFORMANCE SECURITY
PURPOSE:
FORMS:
Not less
To guarantee performance than
of obligation by the LCRB 5%
in such form and amount of the

specified in the Bidding CASH OR CASHIER’S/


Contract
Price GOODS Not less
than
Documents. MANAGER’S CHECK
BANK GUARANTEE / DRAFT OR
10%
of the
FAILURE TO POST: IRREVOCABLE LETTER OF CREDIT,
ISSUED BY A UNIVERSAL OR INFRA PROJ. Contract
Price
COMMERCIAL BANK
❑ Ground for disqualification

❑ Next-ranked LCB shall


undertake post-qualification
Not less
than

30%
Bid security shall be
forfeited without prejudice SURETY BOND CALLABLE
of the UPON DEMAND
to the imposition of Contract
sanctions Price

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
REVISED PERFORMANCE SECURING DECLARATION FORM

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

GPPB RESOLUTION NO. 16-2020

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CONTRACT SIGNING
APPROVING HIGHER GOCC’s CONCERNED
AUTHORITY BOARD

20 30
calendar days
calendar days
APPROVE or APPROVE or
DISAPPROVE the DISAPPROVE the
CONTRACT CONTRACT

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
NOTICE TO PROCEED (NTP)
ISSUANCE POSTING REQUIREMENT
within NTP &
CONTRACT

7 within

15
calendar days
from the date of approval of
the contract

calendar days
All notices called for by the from the date of issuance
terms of the contract shall www.xxxx.gov.
be effective only at the ph
time of receipt thereof by
the successful bidder.

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
POSTING IN NEWSPAPERS

For ABC of Php 50,000,000 and above


(Executive Department)

Post-award information shall also


be published
once in a newspaper of general
circulation
GPPB Resolution No. 04-2021, pursuant to Sec 4 of AO No. 34

81
81
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WARRANTY SECURITY
PURPOSE WARRANTY PERIOD
To guarantee that the
contractor shall perform
15
PERMANENT STRUCTURES
his responsibilities and (Types 4 and 5; Ex. steel, iron,
shall answer for a liability years concrete)
arising due to:
SEMI-PERMANENT STRUCTURES
❑ improper construction (Types 1,2 and 3; Ex. roads, concrete
river control, drainage, irrigation lined
5
years
canals)
❑ use of inferior
quality/standard

2
OTHER STRUCTURES
❑ any violation of the (Ex. wooden bridges, spring
contract plans and years developments)
specifications

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
POST-AWARD INFORMATION

POSTING REQUIREMENT
ABC of
Post-award
Php50M
and above information
shall also be
published
once in a
EXECUTIVE DEPARTMENT
newspaper of
general
circulation.
GOCCs & GFIs

STATE UNIVERSITIES &


COLLEGES (SUCs)
GPPB RESOLUTION NO. 04-2021, pursuant to sec 4 of AO No. 34

83
83
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FAILURE OF BIDDING
BAC shall DECLARE A
WAY FORWARD:
FAILURE OF BIDDING, when:
❑ Mandatory review shall be
No bids are received; conducted by BAC

Bids were received but no ❑ Based on its findings, BAC shall:


one was eligible; ❖ Revise terms, conditions,
specifications
All bids failed to post qualify; or ❖ Adjust ABC, subject to required
approvals
Refusal of the post-qualified ❖ Re-bidding
❖ Re-advertisement
bidder to accept award
without justifiable cause
Sec. 35 of RA 9184

84
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CANCELLATION / TERMINATION OF
PROCUREMENT ACTIVITIES
1 2 3 4
The physical and
The source Brought about
economic The project by the
conditions have of funds for
significantly is no longer declaration of
changed so as to necessary the project a State of
render the project has been Calamity, or
as implementatio
no longer withheld or
economically, determined n of
reduced
financially, or by the through no
community
technically quarantine or
feasible, as end-user fault of the similar
determined by the unit PE restrictions
end-user unit
GPPB RESOLUTION NO. 09-2020

85
85
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RESERVATION CLAUSE
HoPE reserves the right to: GROUNDS:
❑ Prima facie evidence of collusion
Reject any and all bids ❑ BAC is found to have failed in following
the prescribed bidding procedures
Declare a failure of ❑ For justifiable reasons, the award of
bidding contract will not redound to the benefit of
the Government:
Not award the contract ❖ Physical and economic conditions have
significantly changed;
❖ Project is no longer necessary
❖ Source of funds for the project has
been withdrawn/reduced.
Sec. 41 of RA 9184

This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
Contact us:
Unit 2504 Raffles Corporate Center, F. Ortigas Road, Ortigas
THANK YOU! Center, Pasig City, Philippines 1605

TeleFax: (632)7900-6741 to 44
Email address: training@gppb.gov.ph

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