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STANDARD BIDDING PROCEDURES

FOR GOODS, INFRASTRUCTURE


PROJECTS, AND CONSULTING
SERVICES

Mr. Renato M. de Vera, MNSA


GPPB Recognized Trainer

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.
MODULE OBJECTIVES
By the end of this module, participants should be able to:

Understand key concepts in the bidding procedures for


the procurement of Goods and Services, Infrastructure
Projects, and Consulting Services; and
Undertake procurement activities involving infrastructure
projects, in compliance with Republic Act No. 9184 and
its 2016 Revised Implementing Rules and Regulations.
GENERAL PRINCIPLES AND CONSIDERATIONS

PROCUREMENT PROCEDURES AND REQUIREMENTS FOR:

Goods and Services Infrastructure Projects Consulting Services


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

GENERAL RULE:

COMPETITIVE BIDDING
Section 10, Article IV, RA No. 9184

exemption to the rule:


ALTERNATIVE METHODS OF
PROCUREMENT
under Rule XVI of IRR of RA 9184
COMPETITIVE BIDDING
PROCUREMENT STANDARD

NO Approved APP
NO PROCUREMENT

The METHOD OF PROCUREMENT in


the approved APP shall be used.
?
?
GOODS & ?
SERVICES
SUPPLIES &
MATERIALS
LEASE OF
OFFICE SPACE

SUBSCRIPTIONS FURNITURES &


& LICENSES FIXTURES
SECURITY & REPAIRS
JANITORIAL OFFICE
SERVICES EQUIPMENT
INFRASTRUCTURE
PROJECTS
CONSULTING
SERVICES Other Technical
Services
or
Special
Advisory and Review Studies
Services

Design

Management and
Management & Related
Related
Services

Pre-Investment or
Feasibility Studies

Construction
ConstructionSupervision
Supervision
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
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
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%.
WHEN TO HIRE FOR CONSULTANTS?

The following are considered in hiring a consultant:

EXPERTISE, EXPERIENCE AND CAPABILITY

COST may be included as a factor in selection, under


certain conditions

Where applicable, TECHNOLOGY AND


KNOWLEDGE TRANSFER shall be required in the
provision of consulting services.
HIRING OF CONSULTANTS
INVITATION TO OBSERVERS
They MUST be invited in writing at least
FIVE (5) CALENDAR DAYS (CD) before the date of
AT LEAST 3 OBSERVERS: the following procurement activity:

CONSULTING SERVICES
SHORTLISTING ELIGIBILITY CHECK

PRE-BID CONFERENCE PRELIMINARY BID


COA EXAMINATION
DULY RECOGNIZED
PRIVATE SECTOR
GROUP POST-QUALIFICATION BID EVALUATION

NGO
ONLINE ACCESS TO OBSERVERS

1 Online monitoring for


observers using the mPhilGEPS

2 PEs to provide online access to


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
PROCEDURES AND
REQUIREMENTS

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 GOODS AND SERVICES

Pre-Procurement Advertisement Pre-Bid


Conference /Posting 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 /Posting
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
STANDARD COMPETITIVE BIDDING
PROCEDURE FOR CONSULTING SERVICES
7 20 12/ 30
cd cd cd
Pre-Procurement Advertisement Eligibility Check Pre-Bid
Conference /Posting and Shortlisting Conference
30 cd
Before bid submission if with
international participation

75
Bid Opening
cd

21 10 12 to
cd Post- 30 cd Award
Bid Evaluation cd Negotiation
Qualification of Contract
RECOMMENDED POSSIBLE PERIOD TO COMPLETE
THE PROCUREMENT ACTIVITY FOR GOODS

MAXIMUM PERIOD

136 CDs
EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable
RECOMMENDED POSSIBLE PERIOD TO COMPLETE THE
PROCUREMENT ACTIVITY FOR INFRA PROJECTS

MAXIMUM PERIOD

EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable


RECOMMENDED POSSIBLE PERIOD TO COMPLETE
THE PROCUREMENT ACTIVITY FOR CONSULTING

MAXIMUM PERIOD

136 CDs
EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable
APPROVAL OF HIGHER AUTHORITY

APPROVING
HIGHER 20 cd
AUTHORITY Maximum days from receipt to APPROVE or
DISAPPROVE the CONTRACT

GOCC’s
CONCERNED
BOARD
30 cd
Maximum days from receipt to APPROVE or
DISAPPROVE the CONTRACT

25
25
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/HRB BAC Resolutions

PROCUREMENT OFFICERS AND OFFICIALS


MAY DIGITALLY OR ELECTRONICALLY
SIGN PROCUREMENT DOCUMENTS
GPPB RESOLUTION NO. 16-2019
GPPB RESOLUTION NO. 09-2020
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
USE OF VIDEOCONFERENCING,
WEBCASTING & SIMILAR TECHNOLOGY
PROCUREMENT ACTIVITIES THAT MAY BE CONDUCTED ELECTRONICALLY

PRE-PROCUREMENT/ BID OPENING ALL OTHER PROCUREMENT


PRE-BID ACTIVITIES/ MEETINGS
CONFERENCES
(GPPB RESOLUTION NO. 24-2018)
PRE-PROCUREMENT CONFERENCE
PURPOSE: TO DETERMINE THE READINESS OF THE PROCUREMENT

TIMELINE CONDITION PARTICIPANTS

Mandatory for projects ❑ BAC


with ABC above Php2M ❑ BAC Secretariat
Conducted prior to ❑ TWG
for Goods, above
advertisement or ❑ Consultants for the subject
posting of the IB Php5M for Infra procurement project, if any
Projects, & above ❑ End-user unit
Php1M for CS ❑ Other Officials
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
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
ELECTRONIC MEANS THROUGH GPPB
AVAILABLE ONLINE PORTAL
https://gppbgovph.com/
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
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
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)
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
More than 10 Million up to 50 Million 25,000.00
grounds provided
for under Section More than 50 Million to 500 Million 50,000.00
41 (Reservation
Clause) More than 500 Million 75,000.00
ELIGIBILITY CHECK AND SHORTLISTING
(CONSULTING SERVICES)

Submission of REIs and Eligibility Requirements

REI • A prospective bidder should submit its


Expression of Interest (Eligibility
Eligibility Documents Submission Form), together
Requirements
with the required eligibility documents, on
or before the date and time for the
submission of such requirements.
ELIGIBILITY CHECK AND
SHORTLISTING (CONSULTING SERVICES)

• Shortlisting is the process of Short listed consultants shall


be invited to participate in
determining the most qualified the bidding for this project
consultants from those that submitted through a Notice of
eligibility requirements Eligibility and Short
Listing issued by the BAC.

• Short list shall consist of 3 to 7


consultants, with 5 as the preferable NOTICE OF
ELIGIBILITY
number. AND SHORT
LISTING
ELIGIBILITY CHECK AND
SHORTLISTING (CONSULTING SERVICES)
ELIGIBILITY CHECK AND
SHORTLISTING (CONSULTING SERVICES)

• BAC ranks the prospective consultants that meet


the passing score from highest to lowest to
determine the shortlisted consultants

• BAC recommends the shortlist to the HoPE for


consideration and approval

• Only shortlisted consultants can submit


proposals
ELIGIBILITY REQUIREMENTS FOR FOREIGN
BIDDERS

Equivalent ❑ Must be in ENGLISH

Class “A” Documents ❑ If not, it must have a translation in ENGLISH by


any of the following:
Issued in the country of the ❖ relevant foreign government agency
Foreign Bidder
❖ the foreign government agency authorized to
translate documents, or
❖ a registered translator in the foreign bidder’s
country.
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.
PRE-BID CONFERENCE

TIMELINE PURPOSE

To discuss, clarify and explain,


at least among other things, the
eligibility requirements and the

12/30calendar days
technical and financial
components of the contract to be
bid including questions and
before deadline for clarifications raised by the
bid submission but not earlier prospective bidders before and
than 7 CDs
from the PhilGEPS during the Pre-Bid Conference
posting
PRE-BID CONFERENCE

MEASURES TO MAXIMIZE
PRE-BID CONFERENCE

BAC SHALL HAVE A


PROACTIVE ROLE
DURING THE PRE-BID
CONFERENCE …
GPPB RESOLUTION 02-2018
PRE-BID CONFERENCE

MINUTES OF THE MEETING


PRE-BID CONFERENCE

shall no longer be
posted in PE’s
website

GPPB RESOLUTION 04-2021


SUPPLEMENTAL/BID BULLETINS

TIMELINE PURPOSE

issued at least
BID BULLETIN Issued by the BAC, duly
signed by BAC

7
calendar days
Chairperson, to:
❑ Answer requests for
clarification or
interpretation
before deadline for ❑ Clarify or modify any
bid submission. provision of Bidding
Queries should be
submitted to the BAC 10 Documents
CDs before deadline for bid
submission.
SUBMISSION AND RECEIPT OF BIDS
BID VALIDITY

Financial
Proposal

120calendar days
from the date of the
opening of bids
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 CAPABLE OF GENERATING AN AUDIT


TRAIL OF TRANSACTIONS
BIDS SUBMITTED ELECTRONICALLY

TECHNICAL

BID

Submitted bids must be


encrypted and password
FINANCIAL
protected.
GPPB RESOLUTION NO. 09-2020
SEALING AND MARKING OF BIDS

1 ORIGINAL
TECHNICAL
ORIGINAL

ORIGINAL
TECHNICAL

ORIGINAL BID
ORIGINAL
FINANCIAL 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]
SEALING AND MARKING OF BIDS

2 COPY 1
COPY 1

TECHNICAL
TECHNICAL COPY 1

COPY 2 BID
COPY 2
FINANCIAL 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]
SEALING AND MARKING OF BIDS

3 ORIGINAL BID

ORIGINAL

BID
ORIGINAL
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]
SEALING AND MARKING OF BIDS

IMPROPERLY
SEALED
UNSEALED
& &
UNMARKED BID MARKED

NOT
COMPRESSED IMPROPERLY
COMPRESSED
& PASSWORD
& PASSWORD
PROTECTED
PROTECTED
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 CS
receipt page for the
official time of

45 50 65 75 calendar calendar
submission which can
be saved or printed by
the bidder, upon receipt
calendar days
days days of the first and second
calendar days
Php50M above envelope
below Php50M
GPPB RESOLUTION
NO. 09-2020
SUBMISSION AND RECEIPT OF BIDS
MODIFICATION OF
WITHDRAWAL OF BIDS
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 ❑ For bids withdrawn within previously submitted. The
❑ Submit new bid equally the interval between the time indicated in the latest
sealed, properly deadline and expiration of Bid receipt page
identified, linked to its Bid validity, the Bid generated shall be the
original bid and Security shall be official time of submission.
marked as a FORFEITED.
“MODIFICATION” GPPB RESOLUTION
NO. 09-2020
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 OF BIDS SUBMITTED ELECTRONICALLY

Passwords shall be
disclosed by the bidders
only during the actual bid
opening.
GPPB RESOLUTION NO. 09-2020

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.
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
OPENING AND PRELIMINARY EXAMINATION
OF THE 1ST ENVELOPE
TECHNICAL COMPONENT
NOTE:
Eligibility Technical
For CS, the Eligibility
Requirements are no
Requirements Requirements
longer part of the Bid
as these are Class “A”
submitted ahead ✔Legal Documents Bid Security
during submission of ✔Technical Documents
Eligibility Documents ✔Financial Documents
for the conduct of
Class “B”
Eligibility Check and Project Requirements
Shortlisting ✔Joint Venture Agreement

Omnibus Sworn Statement


ELIGIBILITY REQUIREMENTS
CLASS “A”
CLASS “A” CLASS “A”
TECHNICAL CLASS “B”
LEGAL Documents FINANCIAL Documents
Documents

Statement of All Net Financial In case of Joint


Ongoing Contracting Venture, JV
Contracts* Capacity (NFCC) or Agreement (JVA)
CLC (for Goods), entered into by the
(Not required for parties or Notarized
PhilGEPS Certificate of Statement of Single CS) Statements from
Registration (PLATINUM Largest Completed potential JV partners
MEMBERSHIP) Contract (SLCC)* (for Goods & CS)

Valid PCAB License / Special PCAB


License for JVA (for Infra)
* Only one Statement of All
Ongoing and Completed
Statement of the Consultant
Contracts (for CS)
specifying its Nationality, including
respective CVs (for CS)
LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

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


permit SHALL BE ACCEPTED together
with the O.R. evidencing application
for renewal

❑The renewed permit shall be submitted


as a POST-QUALIFICATION
REQUIREMENT in accordance with
Sec. 34.2 of the 2016 IRR of RA 9184
LEGAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

TAX CLEARANCE ❑Submission of BIR receipt for renewal


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 also not
acceptable form of Tax Clearance
(GPPB Resolution No. 01-2014).
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)

STATEMENT OF ALL ONGOING GOVERNMENT AND


PRIVATE CONTRACTS
❑ Statement of the 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
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT (SLCC)
( GOODS)
GENERAL RULE EXEPTIONS
EXPANDABLE
SUPPLIES if then
25%
at the outset and after require at least 2 similar
market research, contracts aggregate
SERVICES & amount at least
NON-EXPANDABLE applying the general
equivalent to required
SUPPLIES rule will likely result to:
percentage; and largest

50%
FAILURE OF of the similar contracts
BIDDING amounts to at least 50%
or of required percentage.
MONOPOLY
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 least EXCEPTION: The aggregate amount of at least 2
2 similar contracts is at least equivalent to the similar contracts is at least equivalent to required
required percentage; and Largest of the similar percentage; and Largest of the similar contracts
contracts amounts to at least 50% of required amounts to at least 50% of required percentage.
percentage.
THUS: 1st contract = P300,000.00
THUS: 1st contract = P100,000.00 2nd contract = P400,000.00
2nd contract = P200,000.00
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
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.
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


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
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)
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) * duly Notarized Statements from
potential JV partners for GOODS
and CS, if no JVA yet
PROJECT REQUIREMENTS
(GOODS AND SERVICES)

Conformity with the Schedule of


1 Requirements

2 Conformity with the Technical


Specifications
PROJECT REQUIREMENTS
(INFRASTRUCTURE PROJECTS)
Organizational Chart for the
contract to be bid
1
List of Contractor’s Key
Personnel
2
List of Contractor’s Major
Equipment Units
3
TECHNICAL REQUIREMENTS
(CONSULTING SERVICES)
Technical Proposal Submission Form (TPF 1)
Bid security
Consultant’s References (TPF 2)

Comments and Suggestions of Consultant on the tor (TPF 3)

Methodology and Work Plan (TPF 4)

Team Composition and Task (TPF 5)

CV for Proposed Professional Staff (TPF 6)

Time Schedule for Professional Personnel (TPF 7)

Activity (Work) Schedule (TPF 8)

Omnibus Sworn Statement


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,
CASH OR CASHIER’S/ BID SECURING DECLARATION
enter into contract MANAGER’S CHECK
with the PE and BANK GUARANTEE / DRAFT OR
furnish the IRREVOCABLE LETTER OF CREDIT,
ISSUED BY A UNIVERSAL OR
performance security COMMERCIAL BANK
required.
5% SURETY BOND CALLABLE
of the UPON DEMAND
ABC
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 with the rules set
any of the conditions stated
therein
GPPB RESOLUTION NO. 16-2020
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


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
ALTERNATIVE DOCUMENTARY REQUIREMENTS
DURING A STATE OF CALAMITY OR RESTRICTIONS
GPPB RESOLUTION NO. 09-2020

Unnotarized Bid
PEs shall accept alternate Securing Declaration
documentary requirements for
procurement activities during a
State of Calamity, or Expired Business or
Mayor's permit with subject to submission of Business or
implementation of community Official Receipt of renewal Mayor's permit after award of
quarantine or similar application contract but before payment;
restrictions declared, which
existence shall be determined
Omnibus Sworn subject to compliance therewith after
and validated by the BAC Statement award of contract but before
payment
OPENING AND PRELIMINARY
EXAMINATION OF 2nd ENVELOPE (GOODS)
FINANCIAL COMPONENT
Bid Form

Applicable Price Schedule


(Goods from Abroad or within the Philippines)

Certification from the DTI if claiming preference as DOMESTIC


BIDDER (RA No. 10667)
OPENING AND PRELIMINARY EXAMINATION OF 2 nd

ENVELOPE (INFRASTRUCTURE PROJECTS)


FINANCIAL COMPONENT
Financial Bid Form

Bid Prices in the Bill of Quantities

Detailed Estimates

Cash Flow by Quarter


OPENING AND PRELIMINARY EXAMINATION OF 2nd
ENVELOPE (CONSULTING SERVICES)
FINANCIAL COMPONENT
Financial Proposal Submission Form (FPF 1)

Breakdown of Remuneration (FPF 4)

Summary of Cost (FPF 2)

Reimbursables (FPF 5)

Breakdown of Price per Activity (FPF 3)

Miscellaneous Expenses (FPF 6)


DETAILED EVALUATION OF BIDS
PURPOSE METHOD TIMELINE
To determine the A non-discretionary
Lowest Calculated Bid criterion shall be used,
which shall include
(LCB) or Highest rated should be completed
consideration of:
Bid (HRB) , by:
❑ Completeness of bids;
❑ Establishing correct
calculated prices of
bids; and
and
❑ Minor arithmetical
corrections
within 7/21
calendar days
❑ Ranking calculated from the deadline for receipt
Results shall be contained of proposals
total bid prices from in the ABSTRACT OF
lowest to highest BIDS
DETAILED EVALUATION OF BIDS

NO CONTACT RULE:
Prohibition on communication w/ bidders from bid evaluation until award of
contract (until approval by HOPE of ranking of shortlisted bidders for CS)
BID EVALUATION (GOODS)

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 100k ❑ The lowest domestic bidder


matches the lowest bid of the
foreign bidder
BID EVALUATION (GOODS)
DOMESTIC PREFERENCE

SAMPLE COMPUTATION:
NEXT LOWEST CALCULATED
LOWEST CALCULATED BID
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
BID EVALUATION (CONSULTING SERVICES)

Two Methods of Evaluating Bids

1 Quality-Based
Evaluation
(QBE)
2 Quality Cost
Based
Evaluation
(QCBE)

• The entire evaluation process, from proposal opening to submission of the bid evaluation results
to the HOPE, should not exceed Evaluation
twenty-oneof Proposals
(21) calendar days.
QBE v QCBE

Quality-Based Evaluation Quality Cost Based Evaluation


(QBE) (QCBE)
1. Complex or highly specialized
assignments for which it is difficult to Applicable in other cases
precisely define the TOR and the required
inputs from the consultants
2. Where the assignment can be carried out
in substantially different ways, such that
the proposals are not comparable.
1. Considers only Technical Proposals in the 1. Considers both Technical and Financial
ranking Proposals in the ranking
QBE Process Flow

Open Technical Evaluation and


Submission of
Proposals only Ranking of
Technical and
Technical Proposals
Financial Proposals

Notification of HRB 2 cd HOPE- BAC


3 cd for opening of Approval/Disapprova Recommendation
financial proposal and l of BAC for Approval of
negotiation Recommendation HRB

Opening of Financial
Negotiations
Proposal
QCBE Process Flow
consultants meeting
*
minimum technical score
Opening and Opening and
Submission of Evaluation of Technical Evaluation of
Technical and Proposals Financial Proposals
Financial Proposals

HOPE -
Notification of HRB Approval/Disapprova Ranking and
for negotiations l of BAC Determination of
3 cd recommendation 2 cd HRB

Negotiations
BID EVALUATION (CONSULTING SERVICES)

Individual Evaluation Collegial Evaluation


• Each BAC member assigns Bidders should be
numerical scores to a furnished the results
(ranking and total
proposal, ranging from 1 to scores) after the
100, with 100 as the highest • BAC members evaluate and
evaluation is approved
value. decide as a group by the HOPE. Results
• Ratings are tabulated. • Rate is the consensus of the are also posted in the
PhilGEPS and website of
• The highest and lowest evaluators the PE.
scores for each consultant for
each criterion are
disregarded, to help eliminate
bias.
Sample Individual Evaluation Process

EVALUATOR FIRM 1 FIRM 2 FIRM 3 FIRM 4 FIRM 5


A 95 75 84 83 85
B 84 88 86 81 81
C 84 86 85 76 83
D 83 85 85 80 83
E 84 87 85 80 83
AVERAGE 86 84 85 80 83
RANK 1 3 2 5 4
Evaluation Result for Criteria 1. Quality of Personnel
Sample Individual Evaluation Process

EVALUATOR FIRM 1 FIRM 2 FIRM 3 FIRM 4 FIRM 5


A 95 75 84 83 85
B 84 88 86 81 81
C 84 86 85 76 83
D 83 85 85 80 83
E 84 87 85 80 83
AVERAGE 84 86 85 80 83
RANK 3 1 2 5 4
Evaluation Result for Criteria 1. Quality of Personnel
Bid Evaluation Criteria

Criterion Quality of Personnel Experience and Capability Plan of Approach


and Methodology
Recommended 30-70% 10-30% 20-40%
Weight (%)

Oral presentation may be required for complex or unique undertakings


How QCBE is Computed

The BAC computes the


ratings of each Financial
Proposal in the following Sf = 100 X FI/F
manner:
Where:
• Lowest financial proposal
shall be given 100 points Sf – Financial Score
Fl – Lowest Financial Proposal
• Other financial proposals F – Financial Proposal Under
are scored using the Consideration
following formula:
How QCBE is Computed

SAMPLE Sf COMPUTATION Firm 1


1,000,000
90.9 = 100 x
1,100,000
Cost of Financial Firm 2
Proposal 1,000,000
100 = 100 x
1,000,000
Firm 1 = 1,100,000 Firm 3
1,000,000
Firm 2 = 1,000,000 66.7 = 100.X
1,500,000
Firm 3 = 1,500,000 Firm 4
1,000,000
Firm 4 = 1,300,000 76.9 = 100.X
1,300,000
Firm 5 = 1,200,000 Firm 5
1,000,000
83.0 = 100 x
1,200,000
How QCBE is Computed

How to compute for the Total Score


in QCBE? Sample Computation:
Determine the HRB using the
For Firm 2:
formula:
St = 84.2
S = (St x T%) + (Sf x Sf = 100
F%) T = 70%
Where:
F = 30%
S is the Total Score
St is the Technical Score
Sf is the Financial Score S = (84.2 x 70%) + (100 x 30%)
T is the weight given to the Technical Proposal S = (58.94) + (30)
F is the weight given to the Financial Proposal
S = 88.94
NEGOTIATION FOR CONSULTING SERVICES

• Negotiation with Highest Rated Bid


(HRB)

• Negotiation with any one consultant shall


be completed within 10 cd
POST-QUALIFICATION
TIMELINE
should be completed within
PURPOSE METHOD
To determine whether
the LCB/HRB complies
with and is responsive
to all requirements and
A non-discretionary
pass or fail criterion
12
calendar days
conditions as specified shall be used to
in the Bidding “VERIFY, VALIDATE TIMELINE TIMELINE
Documents, to be AND ASCERTAIN” all should be completed
within should be completed

declared the Lowest statements and within

Calculated and
Responsive Bid (LCRB)
documents submitted
by the LCB/HRB 45
calendar days
30
or Highest rated calendar days
(GOODS AND
Responsive Bid (HRRB) INFRA) (CS)
EXCEPTIONAL cases
EXCEPTIONAL cases
upon approval by the
upon approval by the
HoPE
HoPE
POST-QUALIFICATION
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
AWARD OF CONTRACT

❑ The BAC shall recommend award of contract to the


LCRB or HRRB at submitted price or calculated price,
whichever is lower.

❑ The BAC shall notify all other bidders, in writing, of TIMELINE


its recommendation to HoPE of award of contract to within
LCRB or HRRB within 3 CD from the issuance of the
resolution recommending award.
15
calendar days
APPROVE or
DISAPPROVED by the
HoPE
AWARD OF CONTRACT
POSTING REQUIREMENT

NOTICE OF
AWARD
within

3
calendar days
www.xxxx.gov.ph

from the date of issuance of


the NOA
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
PERIOD TO COMPLETE PROCUREMENT PROCESS
G.R. No. 212381, 22 April 2015

In the case of Jacomille v. Abaya, et al., the


petitioner contends that the public respondents
PROCUREMENT PROCESS failed to comply with the periods provided by law,
From Opening of Bids to specifically the 3-month period from the opening of
Award of Contract shall the bids up to the award of the contract under
Section 38 of RA 9184. The Supreme Court held
NOT EXCEED 3 that “[t]he different periods provided by RA 9184
MONTHS within which certain stages of the procurement
process must be completed is not merely directory
but mandatory.”
Thus, it concluded that such irregularity rendered
the procurement process null and void.
AWARD OF CONTRACT UNDERTAKEN THRU EPA
UNDER REENACTED BUDGET
Objective
✔ To clarify that agencies/LGUs may award
contract during reenacted budget under
certain instances. Hence, PEs never have
to wait for the new GAA/AO 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

105
106
Award of Contract Undertaken thru EPA
Under Reenacted Budget
The validity of bids, the
For purposes of Awards bid securities, shall be
Period of time for
of Contracts extended, at the option
under a Reenacted Budget, the award of contract
of the bidder, to adjust
the 15-day period for & termination
to the new
the HoPE to approve and to of procurement process
procurement timeline in
issue the Notice of Award shall begin to run again
& the three-month period case the
upon effectivity of the
within which to complete period is tolled pending
new GAA/AO
the procurement process the enactment of new
shall be tolled GAA/AO

106
107
PERFORMANCE SECURITY
PURPOSE:
FORMS:
To guarantee performance
Not less
than
GOODS AND
of obligation by the 5% CONSULTANCY
LCRB/HRRB in such form of the
Contract
and amount specified in CASH OR CASHIER’S/ Price Not less
than
the Bidding 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
❑ Ground for disqualification COMMERCIAL BANK

❑ Next-ranked LCB/HRB shall


undertake post-
qualification Not less
than
❑ Bid security shall be 30% SURETY BOND CALLABLE
forfeited without prejudice of the UPON DEMAND
Contract
to the imposition of Price
sanctions
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


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
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.
POSTING REQUIREMENT

TheNOANOA, and NTP along with the contract are required to


NTP
be posted at the websites of PhilGEPS and the agency, and
at any conspicuous place within three (3) calendar days and
15 calendar days from the respective date of issuance

111
112
ADDITIONAL TRANSPARENCY REQUIREMENTS OF POST-
AWARD INFORMATION OF PROCUREMENT PROJECTS

Posting of procurement documents

1. PhilGEPS
2. Agency's Official Website
(Transparency Seal)
3. Social Media Platforms

GPPB Resolution No. 04-2021

112
113
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

115
CANCELLATION / TERMINATION OF
PROCUREMENT ACTIVITIES
1 2 3 4
The physical and Brought about
The source
economic The project by the
conditions have of funds for declaration of
significantly is no longer the project a State of
changed so as to necessary has been Calamity, or
render the project
no longer as withheld or implementatio
n of
economically, determined reduced
community
financially, or by the through no
technically
quarantine or
feasible, as end-user fault of the similar
PE restrictions
determined by the unit
end-user unit
GPPB RESOLUTION NO. 09-2020

116
117
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
Not award the contract the Government:
❖ Physical and economic conditions
have significantly changed;
❖ Project is no longer necessary
❖ Source of funds for the project has
Sec. 41 of RA 9184 been withdrawn/reduced.

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