Section 1.
5 Annex “E” of the IRR of RA 9184 (08-2011)
• In claiming for any Variation Order, the
contractor shall, within seven (7) calendar
days after such work has been commenced or
after the circumstances leading to such
condition(s) leading to the extra cost, and
within twenty-eight (28) calendar days deliver
a written communication giving full and
detailed particulars of any extra cost in order
that it may be investigated at that time.
Failure to provide either of such notices in the
time stipulated shall constitute a waiver by
the contractor for any claim. The preparation
and submission of Variation Orders are as
follows:
• In claiming for any Variation Order, the
contractor shall, within seven (7) calendar days
after such work has been commenced
pursuant to Section 3.2 hereof; or, within
twenty-eight (28) calendar days after the
circumstances or reasons justifying a claim for
extra cost shall have occurred, deliver a notice
giving full and detailed particulars of any extra
cost in order that it may be investigated at that
time. Failure to provide either of such notices
in the time stipulated shall constitute a waiver
by the contractor for any claim. The
preparation and submission of Variation
Orders are as follows:
• a) If the procuring entity’s No revision
representative/Project Engineer believes that
a Change Order or Extra Work Order should be
issued, he shall prepare the proposed Order
accompanied with the notices submitted by
the contractor, the plans therefor, his
computations as to the quantities of the
additional works involved per item indicating
the specific stations where such works are
needed, the date of his inspections and
investigations thereon, and the log book
thereof, and a detailed estimate of the unit
cost of such items of work, together with his
justifications for the need of such Change
Order or Extra Work Order, and shall submit
the same to the Head of the Procuring Entity
for approval.
b) The procuring entity’s
representative/Project Engineer, upon
receipt of the proposed Change Order or
Extra Work Order shall immediately
instruct the technical staff of the Region
to conduct an on-the-spot investigation
to verify the need for the work to be
prosecuted. A report shall be submitted
directly to the procuring entity’s
representative/Project Engineer
b) The Head of the Procuring Entity or his
duly authorized representative procuring
entity’s representative/Project Engineer,
upon receipt of the proposed Change
Order or Extra Work Order shall
immediately instruct the appropriate
technical staff or office of the procuring
entity to conduct an on-the-spot
investigation to verify the need for the
work to be prosecuted and to review the
proposed plan, quantities, and prices of
the work involved.
c) The procuring entity’s
representative/Project Engineer, after
being satisfied that such Change Order or
Extra Work Order is justified and
necessary, shall review the estimated
quantities and prices and forward the
proposal with the supporting
documentation to the Head of the
Procuring Entity or his duly authorized
representative for consideration.
c) The technical staff or appropriate office
of the procuring entity shall submit a
report of their findings and
recommendations, together with the
supporting documents, to the Head of the
Procuring Entity or his duly authorized
representative for consideration.
d) If, after the review of the plans,
quantities and estimated cost of the
items of work involved, the proper office
of the procuring entity empowered to
review and evaluate Change Orders or
Extra Work Orders recommends approval
thereof, the Head of the Procuring Entity
or his duly authorized representative,
believing the Change Order or Extra Work
Order to be in order, shall approve the
same.
d) The Head of the Procuring Entity or his
duly authorized representative, acting
upon the recommendation of the
technical staff or appropriate office, shall
approve the Change Order or Extra Work
Order after being satisfied that the same
is justified, necessary, and in order.
• e) The timeframe for the processing of No revision
the Variation Orders from the
preparation up to the approval by the
procuring entity concerned shall not
exceed thirty (30) calendar days.
Section 3.1 Annex “E” of the IRR of RA 9184
• Under no circumstances shall a
contractor proceed to commence
work under any Change Order or Extra
Work Order unless it has been
approved by the Head of the Procuring
Entity or his duly authorized
representative. Exceptions to the
preceding rule are the following:
• 3.1. Under no circumstances shall a
contractor proceed to commence work
under any Change Order or Extra Work
Order unless it has been approved by the
Head of the Procuring Entity or his duly
authorized representative. Exceptions to
the preceding rule are the following:
• a. The Head of the Procuring Entity or his
duly authorized representative may,
subject to the availability of funds,
authorize the immediate start of work
under any Change Order or Extra Work
Order under any or all of the following
conditions:
• i) In the event of an emergency where the
prosecution of the work is urgent to avoid
detriment to public service, or damage to
life and/or property; and/or
• ii) When time is of the essence;
• 3.2. However, under any of the following
conditions, the procuring entity’s
representative/Project Engineer may,
subject to the availability of funds and
within the limits of his delegated authority,
allow the immediate start of work under
any Change Order or Extra Work Order:
• i) In the event of an emergency where the
prosecution of the work is urgent to avoid
detriment to public service, or damage to
life and/or property; and/or
• ii) When time is of the essence;
• Provided, however, That such approval
is valid on work done up to the point
where the cumulative increase in
value of work on the project which has
not yet been duly fully approved does
not exceed five percent (5%) of the
adjusted original contract price
whichever is less;
• Provided, however, That such approval
is valid on work done up to the point
where the cumulative increase in value
of work on the project which has not
yet been duly fully approved does not
exceed five percent (5%) of the
adjusted original contract price
whichever is less;
• Provided, further, That immediately No revision
after the start of work, the
corresponding Change Order or Extra
Work Order shall be prepared and
submitted for approval in accordance
with the above rules herein set.
Payments for works satisfactorily
accomplished on any Change Order or
Extra Work Order may be made only
after approval of the same by the
Head of the Procuring Entity or his
duly authorized representative.
• b. For a Change Order or Extra Work
Order involving a cumulative amount
exceeding five percent (5%) of the
original contract price, no work
thereon may be commenced unless
said Change Order or Extra Work
Order has been approved by the
procuring entity’s representative/
Project Engineer.
• Provided, finally, That for a Change
Order or Extra Work Order involving a
cumulative amount exceeding five
percent (5%) of the original contract
price, no work thereon may be
commenced unless said Change Order
or Extra Work Order has been
approved by the Head of the Procuring
Entity or his duly authorized
representative procuring entity’s
representative/ Project Engineer.
Section 55.3 of the IRR of RA 9184 (05-2012)

• The protest must be filed within seven (7) calendar

days from receipt by the party concerned of the
resolution of the BAC denying its request for
reconsideration. A protest may be made by filing a
verified position paper with the Head of the Procuring
Entity concerned, accompanied by the payment of a
non-refundable protest fee. The non-refundable
protest fee shall be as follows:
Section 55.4 of the IRR of RA 9184
• The verified position paper shall contain the following information:
• a) The name of bidder;
• b) The office address of the bidder;
• c) The name of project/contract;
• d) The implementing office/agency or procuring entity;
• e) A brief statement of facts;
• f) The issue to be resolved; and
• g) Such other matters and information pertinent and relevant to the proper resolution
of the protest.
• The position paper must be verified by an affidavit that the affiant has read and
understood the contents thereof and that the allegations therein are true and correct
of his personal knowledge or based on authentic records. An unverified position
paper shall be considered unsigned, produces no legal effect, and results to the
outright dismissal of the protest.
• In addition, the bidder shall likewise certify under oath that:
• a) he has not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending therein;
• b) if there is such other pending action or claim, he is including a complete
statement of the present status thereof; and
• c) if he should thereafter learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within five (5) days therefrom to the
Head of Procuring Entity wherein his protest is filed.
• Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the verified position paper.
Section 23.5.2.5 of the IRR of RA 9184 (11-2012)
• The prospective bidder must have an experience of having
completed, within a period of ten (10) years from the date of
submission and receipt of bids, at least one (1) contract that is
similar to the contract to be bid, and whose value, adjusted to
current prices using the NSO consumer price indices, must be
at least fifty percent (50%) of the ABC to be bid: Provided,
however, That contractors under Small A and Small B
categories without similar experience on the contract to be
bid may be allowed to bid if the cost of such contract is not
more than fifty percent (50%) of the Allowable Range of
Contract Cost (ARCC) of their registration based on the
guidelines as prescribed by the PCAB.
• For Foreign-funded Procurement, the GOP and the foreign
government/foreign or international financing institution may
agree on another track record requirement.
• Moreover, a contract shall be considered “similar” to the
contract to be bid if it has the same major categories of work.
• The prospective bidder must have an experience of
having completed at least one (1) contract that is
similar to the contract to be bid, and whose value,
adjusted to current prices using the NSO consumer
price indices, must be at least fifty percent (50%) of the
ABC to be bid: Provided, however, That contractors
under Small A and Small B categories without similar
experience on the contract to be bid may be allowed to
bid if the cost of such contract is not more than fifty
percent (50%) of the Allowable Range of Contract Cost
(ARCC) of their registration based on the guidelines as
prescribed by the PCAB.
• For Foreign-funded Procurement, the GOP and the
foreign government/foreign or international financing
institution may agree on another track record
requirement.
• Moreover, a contract shall be considered “similar” to
the contract to be bid if it has the same major
categories of work.
Section 23.5.2.4 of the IRR of RA 9184
• The Constructors Performance
Evaluation System (CPES) rating and/or
certificate of completion and owner’s
acceptance of the contract must be
satisfactory.
• The Owner’s Certificate of Final
Acceptance; or the Constructors
Performance Evaluation Summary
(CPES) Final Rating and/or the
Certificate of Completion, must be
satisfactory.
Section 8.5.2 of the IRR of RA 9184 (12-2012)
• Eligibility requirements may be sent
electronically to a procuring entity through
the PhilGEPS: Provided, however, That the
prospective bidder concerned shall submit a
certification to the BAC at least seven (7)
calendar days before the deadline for the
submission and opening of the technical and
financial envelopes that the documents
submitted are authentic copies of the original,
complete, and all statements and information
provided therein are true and correct:
Provided, further, That the PhilGEPS shall
allow manual submission of eligibility
requirements. The PhilGEPS shall generate
and send an acknowledgement of any
eligibility requirement received by it.
• Eligibility requirements may be sent
electronically or manually to the PhilGEPS.
When a manufacturer, supplier, distributor,
contractor, or consultant registers with
PhilGEPS, it shall submit along with the
requirements a certification stating that the
documents submitted are complete and
authentic copies of the original, and all
statements and information provided therein
are true and correct. Upon confirmation,
validation, and verification of the documents
submitted, PhilGEPS may issue, in favor of the
registered entity, a Certificate of Registration
and Membership that contains the certification
mentioned in the preceding sentence.
Section 23.4 of the IRR of RA 9184
• To facilitate determination of eligibility, the BAC
of a procuring entity may maintain a registry
system using the PhilGEPS or its own manual or
electronic system that allows submission and/or
recording/entry of eligibility requirements
simultaneously with registration.
• 23.4.1. The registry system shall contain the
foregoing Class “A” documents which should be
maintained current and updated by the bidder
concerned at least once a year or more
frequently when needed.
• 23.4.2. A bidder who maintains a current and
updated file of his Class “A” Documents shall be
issued a certification by the BAC to that effect,
which certification may be submitted to the
procuring entity concerned in lieu of the
foregoing Class “A” documents.
• To facilitate determination of eligibility, the BAC
of a procuring entity may use the contents of the
PhilGEPS electronic registry of manufacturers,
suppliers, distributors, contractors, and/or
consultants.
• 23.4.1. The PhilGEPS registry system shall
contain the foregoing Class “A” documents,
which should be maintained current and
updated by the bidder concerned at least once a
year or more frequently as may be necessary.
• 23.4.2. A bidder who maintains a current and
updated file of his Class “A” Documents may
submit to the procuring entity, in lieu of the said
documents, the Certificate of Registration and
Membership issued by PhilGEPS pursuant to
Section 8.5.2.
Section 24.4.3 of the IRR of RA 9184
• To facilitate determination of eligibility, the BAC
of a procuring entity may maintain a registry
system using the PhilGEPS or its own manual or
electronic system that allows submission and/or
recording/entry of eligibility requirements
simultaneously with registration.
• 24.4.3.1. The registry system shall contain the
foregoing Class “A” documents which should be
maintained current and updated by the bidder
concerned at least once a year or more
frequently when needed.
• 24.4.3.2. A bidder who maintains a current and
updated file of his Class “A” Documents shall be
issued a certification by the BAC to that effect,
which certification may be submitted to the
procuring entity concerned in lieu of the
foregoing Class “A” documents.
• To facilitate determination of eligibility, the BAC
of a procuring entity may use the contents of the
PhilGEPS electronic registry of manufacturers,
suppliers, distributors, contractors, and/or
consultants.
• 24.4.3.1. The PhilGEPS registry system shall
contain the foregoing Class “A” documents,
which should be maintained current and
updated by the bidder concerned at least once a
year or more frequently as may be necessary.
• 24.4.3.2. A bidder who maintains a current and
updated file of his Class “A” Documents may
submit to the procuring entity, in lieu of the said
documents, the Certificate of Registration and
Membership issued by PhilGEPS pursuant to
Section 8.5.2.
Section 54.5 of the IRR of RA 9184 (20-2012)
• Performance and warranty securities,
as prescribed in Sections 39 and 62 of
this IRR, shall be submitted for
contracts acquired through the
alternative methods of procurement,
except for Shopping under Section 52
and Negotiated Procurement under
Sections 53.2 (emergency cases), 53.9
(small value procurement), 53.10
(lease of real property), and 53.13 (UN
agencies).
• Performance and warranty securities, as
prescribed in Section 39 and 62 of this
IRR, shall be submitted for contracts
acquired through the alternative methods
of procurement, except for Shopping
under Section 52 and Negotiated
Procurement under Sections 53.2
(emergency cases), 53.5 (Agency-to-
Agency), 53.9 (small value procurement),
53.10 (lease of real estate property),
53.12 (Community Participation), and
53.13 (UN agencies),
Implementing Guidelines on Agency-to-Agency Agreements
• Section 5(c)
• Subject to appropriate guidelines, the
Procuring Agency may require the
Servicing Agency to post a performance
security under Section 39 of R.A. 9184
and/or post a warranty security under
Section 62 of R.A. 9184.
• Section 6(e)
• Pursuant to Section 5 (c), the MOA shall
reflect the agreement of the parties with
regard to the posting of a performance
bond and/or a warranty security.
• Section 5(c)
• Subject to appropriate guidelines, the
Procuring Agency may require the Servicing
Agency to post a performance security under
Section 39 of R.A. 9184 and/or post a
warranty security under Section 62 of R.A.
9184.
• Section 6(e)
• Pursuant to Section 5(c), the MOA shall reflect
the agreement of the parties with regard to
the posting of a performance bond and/or a
warranty security.
• Sections 5(d) and (e) to Sections 5(c) and (d),
respectively.
• Section 6(f) to Section 6(e).
Philippine Bidding Documents Invitation to Bid for Goods (25-2012)
• A complete set of Bidding Documents
may be purchased by interested
Bidders on [insert date of availability
of Bidding Documents] from the
address below and upon payment of a
nonrefundable fee for the Bidding
Documents in the amount of [insert
amount in Pesos].
• A complete set of Bidding Documents
may be acquired by interested Bidders
on [insert date of availability of
Bidding Documents] from the address
below {Insert if necessary: and upon
payment of a nonrefundable fee for
the Bidding Documents, pursuant to
the latest Guidelines issued by the
GPPB, in the amount of [insert
amount in Pesos]}.
Philippine Bidding Documents Clause 18, ITB for Goods

• 18.1 The bid security in the amount stated • 18.1 The bid security in the amount stated
in the BDS shall be equal to the in the BDS shall be equal to the
percentage of the ABC in accordance with percentage of the ABC in accordance with
the following schedule: the following schedule:
 • For biddings conducted by LGUs, the Bidder may also submit bid
securities in the form of cashier’s/manager’s check, bank
draft/guarantee, or irrevocable letter of credit from other banks
certified by the BSP as authorized to issue such financial statement.
• The Bid Securing Declaration mentioned above is an undertaking
which states, among others, that the bidder shall enter into contract
with the procuring entity and furnish the performance security
required under ITB Clause 33.2, from receipt of the Notice of Award,
• For biddings conducted by LGUs, the Bidder may also submit and committing to pay the corresponding fine, and be suspended for a
bid securities in the form of cashier’s/manager’s check, bank period of time from being qualified to participate in any government
draft/guarantee, or irrevocable letter of credit from other procurement activity in the event it violates any of the conditions
banks certified by the BSP as authorized to issue such stated therein as provided in the guidelines issued by the GPPB.
financial statement.
Philippine Bidding Documents Clause 24.7, ITB for Goods

• A Bidder determined as “failed” has three (3) • 35 Protest Mechanism

calendar days upon written notice or, if present
at the time of bid opening, upon verbal
notification, within which to file a request or
• Decision of the procuring entity at any
motion for reconsideration with the BAC: stage of the procurement process may
Provided, however, that the motion for
reconsideration shall not be granted if it is be questioned in accordance with
established that the finding of failure is due to Section 55 of the revised
the fault of the Bidder concerned: Provided,
further, that the BAC shall decide on the request Implementing Rules and Regulations
for reconsideration within seven (7) calendar of Republic Act 9184.
days from receipt thereof. If a failed Bidder
signifies his intent to file a motion for • DELETE Clause 24.7 of Section II.
reconsideration, the BAC shall keep the bid
envelopes of the said failed Bidder unopened Instruction to Bidders and INSERT New
and/or duly sealed until such time that the provision, Clause 35
motion for reconsideration or protest has been
resolved.
Philippine Bidding Documents Clause 11, GCC for Goods
• 11.2 For Goods supplied from abroad, the terms of payment shall be as
follows:
• (a) On Contract Signature: Ten percent (10%) of the Contract Price shall
be paid within sixty (60) days from signing of the Contract and upon
submission of a claim and a bank guarantee for the equivalent amount
valid until the Goods are delivered and in the form provided in Section
VIII. Bidding Forms.
• (b) On Delivery: Seventypercent (70%) of the Contract Price shall be
paid to the Supplier within sixty (60) days after the date of receipt of
the Goods and upon submission of the documents (i) through (vi)
specified in the SCC provision on Delivery and Documents.
• (c) On Acceptance: The remaining twenty percent (20%) of the
Contract Price shall be paid to the Supplier within sixty (60) days after
the date of submission of the acceptance and inspection certificate for
the respective delivery issued by the Procuring Entity’s authorized
representative. In the event that no inspection or acceptance
certificate is issued by the Procuring Entity’s authorized representative
within forty five (45) days of the date shown on the delivery receipt the
Supplier shall have the right to claim payment of the remaining twenty
percent (20%) subject to the Procuring Entity’s own verification of the
reason(s) for the failure to issue documents (vii) and (viii) as described
in the SCC provision on Delivery and Documents.
• 11.2 For Goods supplied from abroad, the terms of payment shall be as
follows:
• (a) On Contract Signature: Fifteen percent (15%) of the Contract Price
shall be paid within sixty (60) days from signing of the Contract and
upon submission of a claim and a bank guarantee for the equivalent
amount valid until the Goods are delivered and in the form provided in
Section VIII. Bidding Forms.
• (b) On Delivery: Sixty-five percent (65%) of the Contract Price shall be
paid to the Supplier within sixty (60) days after the date of receipt of
the Goods and upon submission of the documents (i) through (vi)
specified in the SCC provision on Delivery and Documents.
• (c) On Acceptance: The remaining twenty percent (20%) of the
Contract Price shall be paid to the Supplier within sixty (60) days after
the date of submission of the acceptance and inspection certificate for
the respective delivery issued by the Procuring Entity’s authorized
representative. In the event that no inspection or acceptance
certificate is issued by the Procuring Entity’s authorized representative
within forty five (45) days of the date shown on the delivery receipt the
Supplier shall have the right to claim payment of the remaining twenty
percent (20%) subject to the Procuring Entity’s own verification of the
reason(s) for the failure to issue documents (vii) and (viii) as described
in the SCC provision on Delivery and Documents.
Philippine Bidding Documents Invitation to Bid for Infrastructure Projects
• A complete set of Bidding Documents
may be purchased by interested
Bidders on from the address below
and upon payment of a nonrefundable
fee for the Bidding Documents in the
amount of [insert amount in Pesos].
• A complete set of Bidding Documents
may be acquired by interested Bidders
on [insert date of availability of
Bidding Documents] from the address
below {Insert if necessary: and upon
payment of a nonrefundable fee for
the Bidding Documents, pursuant to
the latest Guidelines issued by the
GPPB, in the amount of [insert
amount in Pesos]}.
Philippine Bidding Documents Clause 18, ITB for Infrastructure Projects

• 18.1 The bid security in • 18.1 The bid security in

the amount stated in the amount stated in
the BDS shall be equal the BDS shall be equal
to the percentage of to the percentage of the
the ABC in accordance ABC in accordance
with the following with the following
schedule: schedule:
Philippine Bidding Documents Clause 18, ITB for Infrastructure Projects
• For biddings conducted by LGUs, the
Bidder may also submit bid securities
in the form of cashier’s/manager’s
check, bank draft/guarantee, or
irrevocable letter of credit from other
banks certified by the BSP as
authorized to issue such financial
statement.
• For biddings conducted by LGUs, the Bidder may also
submit bid securities in the form of
cashier’s/manager’s check, bank draft/guarantee, or
irrevocable letter of credit from other banks certified
by the BSP as authorized to issue such financial
statement.
• The Bid Securing Declaration mentioned above is an
undertaking which states, among others, that the
bidder shall enter into contract with the procuring
entity and furnish the performance security required
under ITB Clause 32.2, from receipt of the Notice of
Award, and committing to pay the corresponding
fine, and be suspended for a period of time from
being qualified to participate in any government
procurement activity in the event it violates any of
the conditions stated therein as provided in the
guidelines issued by the GPPB.
Philippine Bidding Documents Clause 24.7, ITB for Infrastructure Projects

• A Bidder determined as “failed” has three (3) • 34 Protest Mechanism

calendar days upon written notice or, if present
at the time of bid opening, upon verbal
notification, within which to file a request or
• Decision of the procuring entity at any
motion for reconsideration with the BAC: stage of the procurement process may
Provided, however, that the motion for
reconsideration shall not be granted if it is be questioned in accordance with
established that the finding of failure is due to Section 55 of the revised
the fault of the Bidder concerned: Provided,
further, that the BAC shall decide on the request Implementing Rules and Regulations
for reconsideration within seven (7) calendar of Republic Act 9184.
days from receipt thereof. If a failed Bidder
signifies his intent to file a motion for • DELETE Clause 24.7 of Section II.
reconsideration, the BAC shall keep the bid
envelopes of the said failed Bidder unopened Instruction to Bidders and INSERT New
and/or duly sealed until such time that the provision, Clause 35
motion for reconsideration or protest has been
resolved.
Philippine Bidding Documents Clause 12.1 (a), ITB for Infrastructure Projects

• (iii.13) the statement shall be • (iii.13) the statement shall be

supported by the Constructors
Performance Evaluation System (CPES)
rating sheets, and/or certificates of
completion and owner’s acceptance, if
applicable;
supported by the Owner’s Certificate
of Final Acceptance or the Certificate
of Completion and, whenever
applicable, the Constructors
Performance Evaluation Summary
(CPES) Final Rating, which must be
satisfactory;
Philippine Bidding Documents Clause 5.4, ITB for Infrastructure Projects
• (a) Unless otherwise provided in the
BDS, the Bidder must have completed,
within ten (10) years from the
submission of bids, a single contract
that is similar to this Project,
equivalent to at least fifty percent
(50%) of the ABC adjusted to current
prices using the National Statistics
Office consumer price index.
• (a) Unless otherwise provided in the BDS, the
Bidder must have an experience of having
completed at least one (1) contract that is
similar to this Project, equivalent to at least
fifty percent (50%) of the ABC adjusted to
current prices using the National Statistic
Office consumer price index. However,
contractors under Small A and Small B
categories without similar experience on the
contract to be bid may be allowed to bid if the
cost of such contract is not more than fifty
percent (50%) of the Allowable Range of
Contract Cost (ARCC) of their registration
based on the guidelines as prescribed by the
PCAB.
Philippine Bidding Documents Clause 32.2, ITB for Infrastructure Projects
Philippine Bidding Documents Clause 32.2, BDS for Infrastructure Projects
• 1. The amount of __________ [Insert
5% of ABC], if performance security is
in cash, cashier’s/manager’s check,
bank draft/guarantee or irrevocable
letter of credit;
• 2. The amount of __________ [Insert
30% of ABC] if performance security is
in Surety Bond;
• 1. The amount of __________ [Insert
10% of the Total Contract Price], if
performance security is in cash,
cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter
of credit;
• 2. The amount of __________ [Insert
30% of the Total Contract Price] if
performance security is in Surety
Bond;
Section 23.4.3 of the IRR of RA 9184 (27-2012)
• If the procuring entity maintains a registry
system using the PhilGEPS or its own
electronic system, a prospective bidder,
whether or not duly registered in either
system, shall submit a written letter of
intent and/or its application for eligibility
and latest Class “A” documents, to the
BAC on or before the deadline specified in
the Bidding Documents. Any application
for eligibility or updates submitted after
the deadline for the submission of the
letter of intent shall not be considered for
the bidding at hand.
• DELETE Section 23.4.3 of the revised
IRR of RA 9184, and the similar
provision under Section 24.4.3.3 of the
same IRR, requiring the submission of
a written LOI and/or application of
eligibility together with the latest Class
“A” Documents in case the procuring
entity maintains a registry system
using the PhilGEPS or its own
electronic system.
Section 24.4.3.3 of the IRR of RA 9184

• If the procuring entity maintains a registry Deleted

system using the PhilGEPS or its own
electronic system, a prospective bidder,
whether or not duly registered in either
system, shall submit a written letter of intent
and/or its application for eligibility and latest
Class “A” documents, to the BAC on or before
the deadline specified in the Bidding
Documents which shall in no case be later
than the date for the submission and receipt
of bids. Any application for eligibility or
updates submitted after the deadline for the
submission of the letter of intent shall not be
considered for the bidding at hand.
Section 23.1(a)(iii) of the IRR of RA 9184 (29-2012)
• Statement of the prospective bidder of
all its ongoing and completed
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, within the
relevant period as provided in the
Bidding Documents. The statement
shall include all information required
in the PBDs prescribed by the GPPB.
• “Statement of the prospective bidder of all its 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, within the relevant period as provided in the
Bidding Documents; and
• Statement identifying the bidder’s single largest completed contract
similar to the contract to be bid, except under conditions provided for
in Section 23.5.1.3 of this IRR, within the relevant period as provided in
the Bidding Documents in the case of goods.
• All of the above statements shall include all information required in the
PBDs prescribed by the GPPB.”
•
•
AMEND Section 23.1(a)(iii) of the IRR of RA 9184
To interpret that failure to include an immaterial ongoing contract or
failure to disclose complete information in the statement of contracts
shall result in the following:
•
•
GPPB Resolution No. 2012, dated 23 November 2012. Page 3 of 3
a. Disqualification of the bidder for non-compliance with the eligibility
•
requirement under Sections 23.1 or 24.1 of the revised IRR.
b. Blacklisting under Section 65.3 (a) or (b) of the revised IRR.
Section 53.12 of the IRR of RA 9184 (03-2013)
• Where, in the interest of project
sustainability or to achieve certain
specific social objectives, it is desirable
in selected project components to call
for participation of local communities
in the delivery of services, the
procuring entity shall propose the
procedures, specifications, and
contract packaging which are subject
to the approval of the GPPB.
• Where, in the interest of project sustainability
or to achieve certain specific social objectives,
it is desirable in selected projects, or its
components, to call for participation of local
communities in the delivery of goods,
including non-consulting services, and simple
infrastructure projects, subject to the
guidelines to be issued by the GPPB.
• AMEND Section 53.12 of the IRR of RA 9184
• DEVELOP AND FORMULATE Guidelines to
provide the procedures for the
implementation of the projects through
Community Participation pursuant to Section
53.12 of the revised IRR of RA 9184.
Philippine Bidding Documents Clause 29.2, ITB for Goods (11-2013)

• Within a non-extendible period of • Within a non-extendible period of three

three (3) calendar days from receipt by (3) calendar days from receipt by the
the bidder of the notice from the BAC bidder of the notice from the BAC that it
that it submitted the LCB, the Bidder submitted the LCB, the Bidder shall
submit the following documentary
shall submit the following
requirements:
documentary requirements:
• (a) Tax clearance per Executive Order 398,
• (a) Tax clearance per Executive Order Series of 2005, as finally reviewed and
398, Series of 2005: approved by the BIR.
• AMEND the PBD for Goods, Infrastructure
Projects, and Consulting Services
Philippine Bidding Documents 29.2(b), BDS for Goods
• Specify whether Bidders have the
option to submit manually filed tax
returns or tax returns filed through the
Electronic Filing and Payment System
(EFPS)
• NOTE: The latest income and business
tax returns are those within the last six
months preceding the date of bid
submission.
• Only tax returns filed and taxes paid
through the BIR Electronic Filing and
Payment System (EFPS) shall be
accepted.
• NOTE: The latest income and business tax
returns are those within the last six
months preceding the date of bid
submission.
• EFFECTIVITY of the amendments to the
PBD for Goods, Infrastructure Projects,
and Consulting Services shall be on 15
June 2013
Philippine Bidding Documents Clause 28.2, ITB for Infrastructure Projects
• Within a non-extendible period of
three (3) calendar days from receipt by
the bidder of the notice from the BAC
that it submitted the LCB, the Bidder
shall submit the following
documentary requirements:
• (a) Tax clearance per Executive Order
398, Series of 2005:
• Within a non-extendible period of
three (3) calendar days from receipt by
the bidder of the notice from the BAC
that it submitted the LCB, the Bidder
shall submit the following
documentary requirements:
• (a) Tax clearance per Executive Order
398, Series of 2005, as finally
reviewed and approved by the BIR.
Philippine Bidding Documents Clause 28.2(b), BDS for Infrastructure Projects
• Specify whether Bidders have the
option to submit manually filed tax
returns or tax returns filed through the
Electronic Filing and Payment System
(EFPS)
• NOTE: The latest income and business
tax returns are those within the last six
months preceding the date of bid
submission.
• Only tax returns filed and taxes paid
through the BIR Electronic Filing and
Payment System (EFPS) shall be
accepted.
• NOTE: The latest income and business
tax returns are those within the last six
months preceding the date of bid
submission.
Philippine Bidding Documents Clause 27.2, ITB for Consulting Services
• Within a non-extendible period of
three (3) calendar days from receipt by
the bidder of the notice from the BAC
that it submitted the LCB, the Bidder
shall submit the following
documentary requirements:
• (a) Tax clearance per Executive Order
398, Series of 2005:
• Within a non-extendible period of
three (3) calendar days from receipt by
the bidder of the notice from the BAC
that it submitted the LCB, the Bidder
shall submit the following
documentary requirements:
• (a) Tax clearance per Executive Order
398, Series of 2005, as finally
reviewed and approved by the BIR.
Philippine Bidding Documents Clause 27.2(b), BDS for Consulting Services
• Specify whether Bidders have the
option to submit manually filed tax
returns or tax returns filed through the
Electronic Filing and Payment System
(EFPS)
• NOTE: The latest income and business
tax returns are those within the last six
months preceding the date of bid
submission.
• Only tax returns filed and taxes paid
through the BIR Electronic Filing and
Payment System (EFPS) shall be
accepted.
• NOTE: The latest income and business
tax returns are those within the last six
months preceding the date of bid
submission.
Sections 23.6 and 24.6 of the IRR of RA 9184 (12-2013)
• Government corporate entities may be
eligible to participate in Competitive
Bidding only if they can establish that
they (a) are legally and financially
autonomous, (b) operate under
commercial law, and (c) are not
dependent agencies of the GOP or the
procuring entity. The GPPB shall
promulgate the necessary guidelines
for this provision.
• GOCCs may be eligible to participate in
Competitive Bidding only if they can
establish that they (a) are legally and
financially autonomous, (b) operate under
commercial law, and (c) are not attached
agencies of the procuring entity.
• AMEND Sections 23.6 and 24.6 of the IRR
of RA 9184 to use the term GOCCs instead
of GCEs, delete the reference to GOP in
item (c) thereof, and replace the term
“dependent” with “attached”
Section 53.5 of the IRR of RA 9184
• Procurement of infrastructure projects,
consulting services, and goods from
another agency of the GOP, such as the
PS-DBM, which is tasked with a
centralized procurement of Common-Use
Supplies for the GOP in accordance with
Letters of Instruction No. 755 and
Executive Order No. 359, series of 1989.
• For purposes of this sub-section, the term
agency shall exclude GOCCs incorporated
under Batas Pambansa Blg. 68, otherwise
known as the “Corporation Code of the
Philippines”. The GPPB shall issue
guidelines to implement this provision.
• Procurement of infrastructure projects,
consulting services, and goods from
another agency of the GOP, such as the
PS-DBM, which is tasked with a
centralized procurement of Common-
Use Supplies for the GOP in
accordance with Letters of Instruction
No. 755 and Executive Order No. 359,
series of 1989.
• AMEND Section 53.5 of the IRR of RA
9184 and DELETE the second
paragraph
Section 4(c) of the Implementing Guidelines on Agency-to-Agency Agreements
• Servicing Agency shall refer to the agency
which delivers the goods, undertakes the
infrastructure project, or provide consulting
services.
• However, in accordance with Section 53.5 of
the IRR of R.A. 9184, as amended, GOCCs
incorporated under Batas Pambansa Blg. 68 or
the Corporation Code of the Philippines,
which are vested with proprietary functions to
enable them to compete with the private
sector, are excluded from the definition of
Servicing Agency, and thus, not qualified to
act as Servicing Agency under the 1st
paragraph of Section 53.5 of the IRR of R.A.
9184.
• Servicing Agency shall refer to the
agency which delivers the goods,
undertakes the infrastructure project,
or provide consulting services.
• AMEND Section 4(c) of the
Implementing Guidelines on Agency-
to-Agency Agreements (Guidelines)
and DELETE the second paragraph that
excludes non-chartered GOCCs as
Servicing Agencies
Scope and Application of the Implementing Guidelines on Agency-to-Agency Agreements
• Infrastructure projects undertaken
through the Armed Forces of the
Philippines Corps of Engineers
(AFPCOE) which shall continue to be
governed by the Guidelines on
Implementation of Infrastructure
Projects Undertaken by the AFP Corps
of Engineers under Government
Procurement Policy Board (GPPB)
Resolution No. 09-2005
• These guidelines shall govern the procurement of
infrastructure projects, consulting services, and goods from
another agency of the GOP, which includes all Departments,
Bureaus, Offices and Agencies of the National Government,
Government-Owned and/or Controlled Corporations,
Government Financing Institutions, State Universities and
Colleges, and Local Government Units.
• However, infrastructure projects undertaken through the
Armed Forces of the Philippines Corps of Engineers (AFPCOE)
which shall continue to be governed by the Guidelines on
Implementation of Infrastructure Projects Undertaken by the
AFP Corps of Engineers under Government Procurement
Policy Board (GPPB) Resolution No. 09-2005, are excluded
from the application of these guidelines.
• AMEND the Scope and Application in the Guidelines excluding
the engagement of PS-DBM from its application
Section 23.1.(a)(vi) of the IRR of RA 9184 (20-2013)
• For purposes of determining the eligibility of
bidders using the criteria stated in Section
23.5 of this IRR, only the following documents
shall be required by the BAC, using the forms
prescribed in the Bidding Documents:
• a) Class “A” Documents
• ...
• Financial Documents
• ...
• (vi) The prospective bidder’s computation for
its Net Financial Contracting Capacity (NFCC)
or a commitment from a Universal or
Commercial Bank to extend a credit line in
favor of the prospective bidder if awarded the
contract to be bid (CLC).
• For purposes of determining the eligibility of
bidders using the criteria stated in Section
23.5 of this IRR, only the following documents
shall be required by the BAC, using the forms
prescribed in the Bidding Documents:
• a) Class “A” Documents
• ...
• Financial Documents
• ...
• (vi) The prospective bidder’s computation for
its Net Financial Contracting Capacity (NFCC).
• AMEND Sections 23.1(a)(vi), 23.5.1.4 and
23.5.2.6 of the IRR of RA 9184
Section 23.5.1.4 of the IRR of RA 9184
• If the prospective bidder submits a computation of its NFCC,
the NFCC must be at least equal to the ABC to be bid,
calculated as follows:
• NFCC = [(Current assets minus current liabilities) (K)] minus
the value of all outstanding or uncompleted portions of the
projects under ongoing contracts, including awarded
contracts yet to be started coinciding with the contract to be
bid.
• Where: K = 10 for a contract duration of one
• year or less, 15 for a contract duration of more than one year
up to two years, and 20 for a contract duration of more than
two years.
• If the prospective bidder submits a CLC, the CLC must be at
least equal to ten percent (10%) of the ABC to be bid. If the
CLC is issued by a foreign Universal or Commercial Bank, it
shall be confirmed or authenticated by a Universal or
Commercial Bank. For biddings conducted by LGUs, the
prospective bidder may also submit CLC from other banks
certified by the BSP as authorized to issue such financial
instrument.
• The computation of a prospective bidder’s NFCC must
be at least equal to the ABC to be bid, calculated as
follows:
• NFCC = [(Current assets minus current liabilities) (K)]
minus the value of all outstanding or uncompleted
portions of the projects under ongoing contracts,
including awarded contracts yet to be started
coinciding with the contract to be bid.
• Where: K = 10 for a contract duration of one
• year or less, 15 for a contract duration of more than
one year up to two years, and 20 for a contract
duration of more than two years.
• The values of the bidder’s current assets and current
liabilities shall be based on the data submitted to the
BIR, through its Electronic Filing and Payment System
(EFPS).
Section 23.5.2.6 of the IRR of RA 9184
• If the prospective bidder submits a computation of its NFCC,
the NFCC must be at least equal to the ABC to be bid,
calculated as follows:
• NFCC = [(Current assets minus current liabilities) (K)] minus
the value of all outstanding or uncompleted portions of the
projects under ongoing contracts, including awarded
contracts yet to be started coinciding with the contract to be
bid.
• Where: K = 10 for a contract duration of one year or less, 15
for a contract duration of more than one year up to two years,
and 20 for a contract duration of more than two years.
• If the prospective bidder submits a CLC, the CLC must be at
least equal to ten percent (10%) of the ABC to be bid. If the
CLC is issued by a foreign Universal or Commercial Bank, it
shall be confirmed or authenticated by a Universal or
Commercial Bank. For biddings conducted by LGUs, the
prospective bidder may also submit CLC from other banks
certified by the BSP as authorized to issue such financial
instrument.
• The computation of a prospective bidder’s NFCC must
be at least equal to the ABC to be bid, calculated as
follows:
• NFCC = [(Current assets minus current liabilities) (K)]
minus the value of all outstanding or uncompleted
portions of the projects under ongoing contracts,
including awarded contracts yet to be started
coinciding with the contract to be bid.
• Where: K = 10 for a contract duration of one year or
less, 15 for a contract duration of more than one year
up to two years, and 20 for a contract duration of
more than two years.
• The values of the bidder’s current assets and current
liabilities shall be based on the data submitted to the
BIR, through its Electronic Filing and Payment System
(EFPS).
Philippine Bidding Documents Clause 5.5, ITB for Goods
• The Bidder must submit a computation of its Net Financial
Contracting Capacity (NFCC) or a commitment from a
Universal or Commercial Bank to extend a credit line in its
favor if awarded the contract for this Project (CLC).
• The NFCC, computed using the following formula, must be at
least equal to the ABC to be bid:
• NFCC = [(Current assets minus current liabilities) (K)] minus
the value of all outstanding or uncompleted portions of the
projects under ongoing contracts, including awarded
contracts yet to be started coinciding with the contract for
this Project.
• Where: K = 10 for a contract duration of one year or less, 15
for a contract duration of more than one year up to two years,
and 20 for a contract duration of more than two years.
• The CLC must be at least equal to ten percent (10%) of the
ABC for this Project. If issued by a foreign bank, it shall be
confirmed or authenticated by a Universal or Commercial
Bank. In the case of local government units (LGUs), the Bidder
may also submit CLC from other banks certified by the Bangko
Sentral ng Pilipinas (BSP) as authorized to issue such financial
instrument.
• The Bidder must submit a computation of its Net Financial
Contracting Capacity (NFCC), which must be at least equal to
the ABC to be bid, calculated as follows:
• NFCC = [(Current assets minus current liabilities) (K)] minus
the value of all outstanding or uncompleted portions of the
projects under ongoing contracts, including awarded
contracts yet to be started coinciding with the contract to be
bid.
• Where: K = 10 for a contract duration of one year or less, 15
for a contract duration of more than one year up to two years,
and 20 for a contract duration of more than two years.
• The values of the bidder’s current assets and current
liabilities shall be based on the data submitted to the BIR,
through its Electronic Filing and Payment System (EFPS).
• AMEND Clauses 5.5 and 12.1(a)(v) of the Instructions to
Bidders of the Philippine Bidding Documents for Goods, and
Clauses 5.5 and 12.1(a)(vi) of the Instructions to Bidders of
the Philippine Bidding Documents for Infrastructure Projects
Philippine Bidding Documents Clause 12.1(a)(v), ITB for Goods
• 12. Documents Comprising the Bid:
Eligibility and Technical Components
• 12.1. Unless otherwise indicated in the
BDS, the first envelope shall contain
the following eligibility and technical
documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• ...
• (v) NFCC computation or CLC in
accordance with ITB Clause 5.5;
• 12. Documents Comprising the Bid: Eligibility and
Technical Components
• 12.1. Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• ...
• (v) NFCC computation in accordance with ITB
Clause 5.5;
• AMEND Clauses 5.5 and 12.1(a)(v) of the
Instructions to Bidders of the Philippine Bidding
Documents for Goods, and Clauses 5.5 and
12.1(a)(vi) of the Instructions to Bidders of the
Philippine Bidding Documents for Infrastructure
Projects
Philippine Bidding Documents Clause 12.1(a)(vi), ITB for Infrastructure Projects
• 12. Documents Comprising the Bid:
Eligibility and Technical Components
• 12.1. Unless otherwise indicated in the
BDS, the first envelope shall contain
the following eligibility and technical
documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• (vi) NFCC computation or CLC in
accordance with ITB Clause 5.5;
• 12. Documents Comprising the Bid:
Eligibility and Technical Components
• 12.1. Unless otherwise indicated in the
BDS, the first envelope shall contain
the following eligibility and technical
documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• (vi) NFCC computation in accordance
with ITB Clause 5.5;
Section 23.1(a) of the IRR of RA 9184 (21-2013)
• For purposes of determining the eligibility of
bidders using the criteria stated in Section 23.5
of this IRR, only the following documents shall
be required by the BAC, using the forms
prescribed in the Bidding Documents:
• a) Class “A” Documents
• Legal Documents
• (i) Registration certificate from SEC, Department
of Trade and Industry (DTI) for sole
proprietorship, or CDA for cooperatives, or any
proof of such registration as stated in the
Bidding Documents.
• (ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located.
• For purposes of determining the eligibility of bidders
using the criteria stated in Section 23.5 of this IRR,
only the following documents shall be required by the
BAC, using the forms prescribed in the Bidding
Documents:
• a) Class “A” Documents
• Legal Documents
• (i) Registration certificate from SEC, Department of
Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives, or any proof of such registration
as stated in the Bidding Documents.
• (ii) Mayor’s permit issued by the city or municipality
where the principal place of business of the
prospective bidder is located.
• (iii) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR.
• AMEND Sections 23.1(a), 24.1(a) and 34.2 of the IRR
of RA 9184
Section 24.1(a) of the IRR of RA 9184
• For purposes of determining the eligibility and
short list of bidders in accordance with Sections
24.4 and 24.5 of this IRR, only the following
documents shall be required by the BAC, using
the forms prescribed in the Bidding Documents:
• a) Class “A” Documents
• Legal Documents
• (i) Registration certificate from SEC, Department
of Trade and Industry (DTI) for sole
proprietorship, or CDA for cooperatives, or any
proof of such registration as stated in the
Bidding Documents;
• (ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
• For purposes of determining the eligibility and short
list of bidders in accordance with Sections 24.4 and
24.5 of this IRR, only the following documents shall be
required by the BAC, using the forms prescribed in the
Bidding Documents:
• a) Class “A” Documents
• Legal Documents
• (i) Registration certificate from SEC, Department of
Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives, or any proof of such registration
as stated in the Bidding Documents;
• (ii) Mayor’s permit issued by the city or municipality
where the principal place of business of the
prospective bidder is located; and,
• (iii) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR.
Section 34.2(a) of the IRR of RA 9184
• Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
• a) Tax clearance;
• b) Latest income and business tax returns;
• c) Certificate of PhilGEPS Registration; and
• d) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
• Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
• Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
• a) Latest income and business tax returns;
• b) Certificate of PhilGEPS Registration; and,
• c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
• Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
Philippine Bidding Documents Clause 12.1(a), ITB for Goods
• “Unless otherwise indicated in the
BDS, the first envelope shall contain
the following eligibility and technical
documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• ...
• (v) NFCC computation or CLC in
accordance with ITB Clause 5.5;
• “Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility
and technical documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• ...
• (v) NFCC computation in accordance with ITB
Clause 5.5; and,
• (vi) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
• AMEND Clauses 12.1(a) and 29.2 ofthe ITB, PBDs
for Goods; Clauses 12.1(a) and 28.2 of the ITB,
PBDs for Infrastructure Projects; and Clause 2.1
of the Eligibility Documents and Clause 27.2 of
the ITB, PBDs for Consulting Services
Philippine Bidding Documents Clause 29.2, ITB for Goods
• Within a non-extendible period of three (3) calendar
days from receipt by the bidder of the notice from the
BAC that it submitted the LCB, the Bidder shall submit
the following documentary requirements:
• (a) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR;
• (b) Latest income and business tax returns in the form
specified in the BDS;
• (c) Certificate of PhilGEPS Registration; and
• (d) Other appropriate licenses and permits required by
law and stated in the BDS.
• Failure of the Bidder declared as Lowest Calculated Bid
to duly submit the requirements under this Clause or a
finding against the veracity of such shall be ground for
forfeiture of the bid security and disqualification of the
Bidder for award.
• Within a non-extendible period of three (3) calendar
days from receipt by the bidder of the notice from the
BAC that it submitted the LCB, the Bidder shall submit
the following documentary requirements:
• (a) Latest income and business tax returns in the form
specified in the BDS;
• (b) Certificate of PhilGEPS Registration; and
• (c) Other appropriate licenses and permits required
by law and stated in the BDS.
• Failure of the Bidder declared as Lowest Calculated Bid
to duly submit the
• requirements under this Clause or a finding against the
veracity of such shall be ground for forfeiture of the
bid security and disqualification of the Bidder for
award.
Philippine Bidding Documents Clause 12.1(a), ITB for Infrastructure Projects
• “Unless otherwise indicated in the
BDS, the first envelope shall contain
the following eligibility and technical
documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• ...
• (v) NFCC computation or CLC in
accordance with ITB Clause 5.5;
• “Unless otherwise indicated in the BDS,
the first envelope shall contain the
following eligibility and technical
documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• ...
• (v) NFCC computation in accordance with
ITB Clause 5.5; and,
• (vi) Tax clearance per Executive Order
398, Series of 2005, as finally reviewed
and approved by the BIR.
Philippine Bidding Documents Clause 28.2, ITB for Infrastructure Projects
• Within a non-extendible period of three (3) calendar
days from receipt by the bidder of the notice from the
BAC that it submitted the LCB, the Bidder shall submit
the following documentary requirements:
• (a) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR;
• (b) Latest income and business tax returns in the form
specified in the BDS;
• (c) Certificate of PhilGEPS Registration; and
• (d) Other appropriate licenses and permits required by
law and stated in the BDS.
• Failure of the Bidder declared as Lowest Calculated Bid
to duly submit the requirements under this Clause or a
finding against the veracity of such shall be ground for
forfeiture of the bid security and disqualification of the
Bidder for award.
• Within a non-extendible period of three (3) calendar
days from receipt by the bidder of the notice from the
BAC that it submitted the LCB, the Bidder shall submit
the following documentary requirements:
• (a) Latest income and business tax returns in the form
specified in the BDS;
• (b) Certificate of PhilGEPS Registration; and
• (c) Other appropriate licenses and permits required
by law and stated in the BDS.
• Failure of the Bidder declared as Lowest Calculated Bid
to duly submit the requirements under this Clause or a
finding against the veracity of such shall be ground for
forfeiture of the bid security and disqualification of the
Bidder for award.
Philippine Bidding Documents Clause 2.1(a), Eligibility Documents for Consulting Services
• “The following eligibility requirements
shall be submitted on or before the date
of the eligibility check specified in the
Request for Expression of Interest and
Clause 5 for purposes of determining
eligibility of prospective bidders:
• a) Class “A” Documents:
• Legal Documents
• ...
• (ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is
located;
• “The following eligibility requirements shall be
submitted on or before the date of the
eligibility check specified in the Request for
Expression of Interest and Clause 5 for
purposes of determining eligibility of
prospective bidders:
• a) Class “A” Documents:
• Legal Documents
• ...
• (ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
and,
• (iii) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Philippine Bidding Documents Clause 27.2, ITB for Consulting Services
• Within a non-extendible period of three (3) calendar
days from receipt by the Consultant of the notice from
the BAC that it is the HRB, the Consultant shall submit
the following documentary requirements:
• (a) Tax clearance per Executive Order 398, Series of
2005, as finally reviewed and approved by the BIR;
• (b) Latest income and business tax returns in the form
specified in the BDS;
• (c) Certificate of PhilGEPS Registration; and
• (d) Other appropriate licenses and permits required by
law and stated in the BDS.
• Failure of the Consultant declared as HRB to duly
submit the requirements under this Clause or a finding
against the veracity of such, shall be ground for
forfeiture of the bid security and disqualification of the
Consultant for award.
• Within a non-extendible period of three (3) calendar
days from receipt by the Consultant of the notice from
the BAC that it is the HRB, the Consultant shall submit
the following documentary requirements:
• (a) Latest income and business tax returns in the form
specified in the BDS;
• (b) Certificate of PhilGEPS Registration; and
• (c) Other appropriate licenses and permits required
by law and stated in the BDS.
• Failure of the Consultant declared as HRB to duly
submit the requirements under this Clause or a finding
against the veracity of such, shall be ground for
forfeiture of the bid security and disqualification of the
Consultant for award.
Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the IRR of RA 9184 (22-2013)
• The first envelope shall contain the following technical
information/documents, at the least:
• ...
• (iv) Sworn statement by the prospective bidder or its
duly authorized representative in the form prescribed
by the GPPB as to the following:
• (1) 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;
• ...
• (7) It complies with existing labor laws and standards,
in the case of procurement of services.
• The first envelope shall contain the following technical
information/documents, at the least:
• ...
• (iv) Sworn statement by the prospective bidder or its duly
authorized representative in the form prescribed by the GPPB
as to the following:
• (1) 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;
• ...
• (8) 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.
• AMEND Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the
IRR of RA 9184
Section 27.2 of the IRR of RA 9184 (25-2013)
• “The bid security shall be in an amount
equal to a percentage of the ABC in
accordance with the following schedule:
• …
• For biddings conducted by LGUs, the
prospective bidder may also submit bid
securities in the form of
cashier’s/manager’s check, bank
draft/guarantee, or irrevocable letter of
credit from other banks certified by the
BSP as authorized to issue such financial
instrument.”
• “The procuring entity shall indicate in the
Bidding Documents the acceptable forms of
bid security that bidders may opt to use,
which shall include the Bid Securing
Declaration provided in Section 27.5 of this
IRR and at least one (1) other form, the
amount of which shall be equal to a
percentage of the ABC in accordance with the
following schedule:
• …
• For biddings conducted by LGUs, the
procuring entity may also require bidders to
submit bid securities in the form of…
• AMEND Sections 27.2, 27.5 and 39.2 of the
IRR of RA 9184
Section 27.5 of the IRR of RA 9184
• In lieu of a bid security mentioned in Section
27.2 above, the bidder may submit a Bid
Securing Declaration that is an undertaking
which states, among others, that the bidder
shall enter into contract with the procuring
entity and furnish the required performance
security within ten (10) calendar days, or less,
as indicated in the Bidding Documents, from
receipt of the Notice of Award, and
committing to pay the corresponding fine and
be suspended for a period of time from being
qualified to participate in any government
activity in the event it violates any of the
conditions stated therein as required in the
guidelines issued by the GPPB.
• A Bid Securing Declaration is an
undertaking which states, among others,
that the bidder shall enter into contract
with the procuring entity and furnish the
required performance security within ten
(10) calendar days, or less, as indicated in
the Bidding Documents, from receipt of
the Notice of Award, and committing to
pay the corresponding fine and be
suspended for a period of time from being
qualified to participate in any government
activity in the event it violates any of the
conditions stated therein as required in
the guidelines issued by the GPPB.
Section 39.2 of the IRR of RA 9184
• “The performance security shall be in an
amount be equal to a percentage of the
total contract price in accordance with the
following schedule:
• ...
• For biddings conducted by LGUs, the
prospective bidder may also submit
performance securities in the form of
cashier’s/manager’s check, bank
draft/guarantee, or irrevocable letter of
credit from other banks certified by the
BSP as authorized to issue such financial
instrument.”
• “The procuring entity shall indicate in the
Bidding Documents at least two (2)
acceptable forms of performance
security taken from two
• (2) categories below, that bidders may
opt to use, the amount of which shall be
equal to a percentage of the total contract
price in accordance with the following
schedule:
• ...
• For biddings conducted by LGUs, the
procuring entity may also require bidders
to submit performance securities in the
form of …
Philippine Bidding Documents Clause 12.1(b)(i), ITB for Goods and Infrastructure Projects
• Unless otherwise indicated in the BDS,
the first envelope shall contain the
following eligibility and technical
documents:
• ...
• (b) Technical Documents –
• (i) Bid security in accordance with ITB
Clause 18. If the Bidder opts to submit
the bid security in the form of:
• Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility
and technical documents:
• ...
• (b) Technical Documents –
• (i) Bid security in accordance with ITB Clause 18.
If the Procuring Entity requires the bidders to
submit the bid security in the form of:
• AMEND Clauses 12.1(b)(i), 18.1 and 33.2 of the
ITB and BDS of the PBDs for Goods; Clauses
12.1(b)(i), 18.1 and 32.2 of the ITB and BDS of
the PBDs for Infrastructure Projects; and Clauses
10.2(a), 15.1 and 31.2 of the ITB and BDS of the
PBDs for Consulting Services
Philippine Bidding Documents Clause 10.2(a), ITB for Consulting Services

• The Technical Proposal shall contain
the following information/documents:
• (a) Bid security as prescribed in ITB
Clause 15. If the Bidder opts to submit
the bid security in the form of:
• The Technical Proposal shall contain
the following information/documents:
• (a) Bid security as prescribed in ITB
Clause 15. If the Procuring Entity
requires the bidders to submit the bid
security in the form of:
Philippine Bidding Documents Clause 18.1, ITB for Goods and Infrastructure Projects Clause 15.1, ITB for Consulting Services
• The bid security in the amount stated in
the BDS shall be equal to the percentage
of the ABC in accordance with the
following schedule:
• …
• For biddings conducted by LGUs, the
prospective bidder may also submit bid
securities in the form of
cashier’s/manager’s check, bank
draft/guarantee, or irrevocable letter of
credit from other banks certified by the
BSP as authorized to issue such financial
instrument.”
• The procuring entity shall prescribe in
the BDS the acceptable forms of bid
security that bidders may opt to use,
which shall include the Bid Securing
Declaration and at least one (1) other
form, the amount of which shall be equal
to a percentage of the ABC in accordance
with the following schedule:
• …
• For biddings conducted by LGUs, the
procuring entity may also require bidders
to submit bid securities in the form of…
Philippine Bidding Documents Clause 33.2, ITB for Goods; Clause 32.2, ITB for Infrastructure Projects Clause 31.1,
ITB for Consulting Services

• The performance security shall be • The procuring entity shall prescribe at

denominated
• in Philippine Pesos and posted in favor
of the Procuring Entity in an amount
equal to the percentage of the total
contract price in accordance with the
following schedule:
least two (2) acceptable forms of
performance security taken from two
(2) categories below that bidders may
opt to use, denominated in Philippine
Pesos and posted in favor of the
Procuring Entity...
Philippine Bidding Documents Clause 18.1, BDS for Goods and Infrastructure Projects Clause 15.1, BDS for
Consulting Services

• The bid security shall be in the
following amount:
• …
• 3. Any combination of the foregoing
proportionate to the share of form
with respect to total amount of
security.
• The bid security shall be limited to
Bid Securing Declaration and at least
one (1) other form in accordance with
the following amount:
• …
• 3. Any combination of the foregoing
proportionate to the share of form
with respect to total amount of
security.
Section 34.2 of the IRR of RA 9184 (30-2013)
• 34.2. Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the bidder
has the Lowest Calculated Bid or Highest Rated Bid,
the bidder shall submit the following documentary
requirements to the BAC:
• a) Tax clearance;
• b) Latest income tax returns;
• c) Certificate of PhilGEPS Registration, provided that
participating bidders should register with the PhilGEPS
prior to bid opening; and
• d) Other licenses and permits required by law and
stated in the Bidding Documents.
• Failure to submit the above requirements on time or a
finding against the veracity of such shall be ground for
the forfeiture of the bid security and disqualify the
bidder for award.
• 34.2. Within three (3) calendar days from receipt by the
bidder of the notice from the BAC that the bidder has the
Lowest Calculated Bid or Highest Rated Bid, the bidder shall
submit the following documentary requirements to the BAC:
• a) Latest income and business tax returns;
• b) Certificate of PhilGEPS Registration or PhilGEPS
Registration Number if the procuring entity is a Philippine
foreign office or post, provided that participating bidders
should register with the PhilGEPS prior to bid opening; and
• c) Other appropriate licenses and permits required by law
and stated in the Bidding Documents.
• Failure to submit the above requirements on time or a finding
against the veracity of such shall be ground for the forfeiture
of the bid security and disqualify the bidder for award.
Section 54.6 of the IRR of RA 9184

• 54.6. Manufacturers, suppliers, distributors, contractors, and/or

consultants are mandated to register with PhilGEPS and provide a
PhilGEPS Registration number in the following alternative methods of
procurement as a condition for award of the contract:
• (a) Section 49 Limited Source Bidding
• (b) Section 50 Direct Contracting
• (c) Section 51 Repeat Order
• (d) Section 52.1 (b) Shopping for Ordinary Office Supplies and
Equipment not available in the Procurement Service
• (e) Section 53.1 Two Failed Bidding
• INLCUDE a new provision relative to the requirement of PhilGEPS
Registration in Alternative Methods of Procurement under Section
54.6 of the IRR of RA 9184
• (f) Section 53.3 Take Over of Contracts
• (g) Section 53.4 Adjacent and Contiguous
• (h) Section 53.9 Small Value Procurement
• (i) Section 53.10 Lease of Real Property
• (j) Section 53.11 NGO Participation
Section 54.6 of the IRR of RA 9184

• EXCEPT for the following:

• (a) Section 52.1 (a) Shopping under
Unforeseen Contingency
• (b) Section 53.2 Emergency Cases
• (c) Section 53.5 Agency to Agency Agreements
• (d) Section 63.6 Procurement Agent (except
private procurement agents)
• (e) Section 53.7 Highly Technical Consultants
• (f) Section 53.8 Defense Cooperation
Agreement
• (g) Section 53.12 Community Participation
• (h) Section 53.13 United Nations Agency
Section 23.2 of the IRR of RA 9184 (04-2014)
• Subject to Section 37.1 of this IRR, in the case
of foreign bidders, the foregoing eligibility
requirements under Class “A” Documents may
be substituted by the appropriate equivalent
documents, if any, issued by the country of
the foreign bidder concerned. The eligibility
requirements or statements, the bids, and all
other documents to be submitted to the BAC
must be in English. A translation of the
documents in English certified by the
appropriate embassy or consulate in the
Philippines must accompany the eligibility
requirements under Class “A” and “B”
Documents if they are in other foreign
language.
• Subject to Section 37.1 of this IRR, in the case of foreign
bidders, the foregoing eligibility requirements under Class “A”
Documents may be substituted by the appropriate equivalent
documents, if any, issued by the country of the foreign bidder
concerned. The eligibility requirements or statements, the
bids, and all other documents to be submitted to the BAC
must be in English. If the eligibility requirements or
statements, the bids, and all other documents submitted to
the BAC are in foreign language other than English, it must
be accompanied by a translation of the documents in
English. The documents shall be translated by the relevant
foreign government agency, the foreign government agency
authorized to translate documents, or a registered translator
in the foreign bidder’s country; and shall be authenticated by
the appropriate Philippine foreign service
establishment/post or the equivalent office having
jurisdiction over the foreign bidder’s affairs in the
Philippines.
Section 24.2 of the IRR of RA 9184
• In the case of foreign consultants, the
foregoing eligibility requirements under
Class “A” Documents may be substituted
by the appropriate equivalent documents,
if any, issued by the foreign consultant’s
country. The eligibility requirements or
statements, the bids, and all other
documents to be submitted to the BAC
must be in English. A translation of the
documents in English certified by the
appropriate embassy or consulate in the
Philippines must accompany the eligibility
requirements under Class “A” and “B”
Documents if they are in other foreign
language.
• In the case of foreign consultants, the foregoing
eligibility requirements under Class “A” Documents
may be substituted by the appropriate equivalent
documents, if any, issued by the foreign consultant’s
country. The eligibility requirements or statements,
the bids, and all other documents to be submitted to
the BAC must be in English. If the eligibility
requirements or statements, the bids, and all other
documents submitted to the BAC are in foreign
language other than English, it must be accompanied
by a translation of the documents in English. The
documents shall be translated by the relevant foreign
government agency, the foreign government agency
authorized to translate documents, or a registered
translator in the foreign bidder’s country; and shall
be authenticated by the appropriate Philippine
foreign service establishment/post or the equivalent
office having jurisdiction over the foreign bidder’s
affairs in the Philippines.
Philippine Bidding Documents Clause 11, ITB for Goods and Infrastructure Projects
• The bid, as well as all correspondence and
documents relating to the bid exchanged
by the Bidder and the Procuring Entity,
shall be written in English. Supporting
documents and printed literature
furnished by the Bidder may be in another
language provided they are accompanied
by an accurate translation in English
certified by the appropriate embassy or
consulate in the Philippines, in which case
the English translation shall govern for
purposes of interpretation of the bid.
• The bid, as well as all correspondence and documents
relating to the bid exchanged by the Bidder and the
Procuring Entity, shall be written in English. If the
eligibility requirements or statements, the bids, and
all other documents submitted to the BAC are in
foreign language other than English, it must be
accompanied by a translation of the documents in
English. The documents shall be translated by the
relevant foreign government agency, the foreign
government agency authorized to translate
documents, or a registered translator in the foreign
bidder’s country; and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent office having
jurisdiction over the foreign bidder’s affairs in the
Philippines. The English translation shall govern, for
purposes of interpretation of the bid.
Philippine Bidding Documents Clause 2.3, Eligibility Documents for Consulting Services
• Clause 2.3. The eligibility requirements
or statements and all other documents
to be submitted to the BAC must be in
English. A translation of the
documents in English certified by the
appropriate embassy or consulate in
the Philippines must accompany the
eligibility requirements under Classes
“A” and “B” Documents if they are in
other foreign language.
• Clause 2.3. The eligibility requirements or
statements and all other documents to be
submitted to the BAC must be in English. If the
eligibility requirements or statements, the bids,
and all other documents submitted to the BAC
are in foreign language other than English, it
must be accompanied by a translation of the
documents in English. The documents shall be
translated by the relevant foreign government
agency, the foreign government agency
authorized to translate documents, or a
registered translator in the foreign bidder’s
country; and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s
affairs in the Philippines.
Philippine Bidding Documents Clause 9, ITB for Consulting Services
• The Bid, as well as all correspondence and
documents relating to the bid exchanged
by the Consultant and the Procuring
Entity, shall be written in English.
Supporting documents and printed
literature furnished by the Consultant may
be in another language provided they are
accompanied by an accurate translation in
English certified by the appropriate
embassy or consulate in the Philippines, in
which case the English translation shall
govern, for purposes of interpretation of
the bid.
• The Bid, as well as all correspondence and documents
relating to the bid exchanged by the Consultant and
the Procuring Entity, shall be written in English. If the
eligibility requirements or statements, the bids, and
all other documents submitted to the BAC are in
foreign language other than English, it must be
accompanied by a translation of the documents in
English. The documents shall be translated by the
relevant foreign government agency, the foreign
government agency authorized to translate
documents, or a registered translator in the foreign
bidder’s country; and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent office having
jurisdiction over the foreign bidder’s affairs in the
Philippines. The English translation shall govern, for
purposes of interpretation of the bid.
Section 5 Guidelines on the Use of Bid Securing Declaration (15-2014)

• GROUNDS FOR ENFORCEMENT OF BID • GROUNDS FOR ENFORCEMENT OF BID

SECURING DECLARATION.
• The Bid Securing Declaration shall be enforced SECURING DECLARATION.
when the bidder commits any of the • The Bid Securing Declaration shall be
following:
• a) Withdraws its bid during the period of bid enforced when the bidder commits
validity required in the bidding documents; or any act resulting to the forfeiture of
bid security under Sections 23.1(b),
• b) Fails or refuses to accept the award and
enter into contract or perform any and all the 34.2, 40.1 and 69.1, except 69.1(f), of
act necessary to the execution of the contract, the IRR of RA 9184.
in accordance with the bidding documents,
after having been duly notified of the
acceptance of its Bid during the period of bid
validity.
Section 6 Guidelines on the Use of Bid Securing Declaration
• PENALTIES
• Commission of any of the acts mentioned in Section 5 of
these Guidelines shall merit the following sanctions:
• a) Penalty of automatic blacklisting for two (2) years in all
government procurement activities;
• b) Payment of fine equivalent to the amount subject to the
following rules:
• i) In case of multiple bidders, the difference between the
evaluated bid prices of the bidder with the Lowest
Calculated/Highest Rated Bid and the bidder with the next
Lowest Calculated/Highest Rated Bid, and so on. However, as
regards the bidder with the highest calculated/lowest rated
bid, the amount shall be based on the difference between the
evaluated bid price and the Approved Budget for the
Contract;
• ii) In case of a single bidder, the difference between the
evaluated bid price and the Approved Budget for the
Contract.
• PENALTIES
• Commission of any of the acts mentioned in Section 5 of these Guidelines shall merit
the following sanctions:
• b) Penalty of automatic blacklisting for two (2) years in all government procurement
activities;
• c) Payment of fine equivalent to the amount subject to the following rules:
• i) In case of multiple bidders:
• Two Percent (2%) of the Approved Budget for the Contract (ABC) or the Difference
between the evaluated bid prices of the bidder with the Lowest
Calculated/Highest Rated Bid and the bidder with the next Lowest
Calculated/Highest Rated Bid, and so on, whichever is HIGHER;
• As regards the bidder with the Highest Calculated/Lowest Rated Bid, the amount
shall be Two Percent (2%) of the ABC or the Difference between the evaluated bid
price and the ABC, whichever is HIGHER;
• ii) In case of a single bidder:
• Two Percent (2%) of the ABC or the Difference between the evaluated bid price
and the Approved Budget for the Contract, whichever is HIGHER.
• iii) Violations committed prior to opening of financial envelope:
• A fix amount equivalent to two percent (2%) of the ABC.
• iv) The bidder shall pay the above-mentioned fine within fifteen (15) days from
receipt of the written demand by the procuring entity as a result of the violation of
the conditions in the Bid Securing Declaration.
• v) The imposition of the foregoing fine is without prejudice to other legal action
the government may undertake against the erring bidder.
Paragraph 2 of the Standard Format of Bid Securing Declaration
• 2. I/We accept that: (a) I/we will be automatically
disqualified from bidding for any contract with any
procuring entity for a period of two (2) years upon
receipt of your Blacklisting Order; and, (b) I/we will
pay the applicable fine provided under Section 6 of the
Guidelines on the Use of Bid Securing Declaration, if
I/we have committed any of the following actions:
• (i) Withdrawn my/our Bid during the period of bid
validity required in the Bidding Documents; or
• (ii) Fail or refuse to accept the award and enter into
contract or perform any and all acts necessary to the
execution of the Contract, in accordance with the
Bidding Documents after having been notified of your
acceptance of our Bid during the period of bid validity.
•
• 2. I/We accept that: (a) I/we will be
automatically disqualified from bidding for
any contract with any procuring entity for a
period of two (2) years upon receipt of your
Blacklisting Order; and, (b) I/we will pay the
applicable fine provided under Section 6 of
the Guidelines on the Use of Bid Securing
Declaration, within fifteen (15) days from
receipt of the written demand by the
procuring entity for the commission of acts
resulting to the enforcement of the bid
securing declaration under Sections 23.1(b),
34.2, 40.1 and 69.1, except 69.1(f), of the IRR
of RA 9184; without prejudice to other legal
action the government may undertake.
Section 23.1(a)(iv) of the IRR of RA 9184 (16-2014)
• Statement of the prospective bidder of all its
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, within
the relevant period as provided in the Bidding
Documents; and
• Statement identifying the bidder’s single largest
completed contract similar to the contract to be
bid, except under conditions provided for in Sec.
23.5.1.3 of this IRR, within the relevant period as
provided in the Bidding Documents in the case
of goods.
• All of the above statements shall include all
information required in the PBDs prescribed by
the GPPB.
• Statement of the prospective bidder of all its
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; and
• Statement identifying the bidder’s single
largest completed contract similar to the
contract to be bid, except under conditions
provided for in Sec. 23.5.1.3 of this IRR, within
the relevant period as provided in the Bidding
Documents in the case of goods.
• All of the above statements shall include all
information required in the PBDs prescribed
by the GPPB.
Philippine Bidding Documents Clause 12.1, ITB for Goods
• Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• …
• (iii) Statement of all its ongoing and
completed government and private
contracts within the period stated in the
BDS, including contracts awarded but not
yet started, if any. The statement shall
include, for each contract, the following…
• Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility and
technical documents:
• (a) Eligibility Documents –
• Class “A” Documents:
• …
• (iii) Statement of all its 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; and
• Statement identifying the bidder’s single largest
completed contract similar to the contract to be bid,
except under conditions provided for in Sec. 23.5.1.3
of the IRR, within the relevant period as provided in
the BDS.
• The statement shall include, for each contract, the
following…
Philippine Bidding Documents Clause 12.1(a)(iii), BDS for Goods

• The statement of all ongoing and • The statement of all ongoing

completed government and private government and private contracts
contracts shall include all such shall include all such contracts within
contracts within [state relevant period [state relevant period as provided in
as provided in the Invitation to Bid] the Invitation to Bid] prior to the
prior to the deadline for the deadline for the submission and
submission and receipt of bids. receipt of bids.
• DELETE “and completed”
Philippine Bidding Documents No. 2, IB for Infrastructure Projects
• The [insert name of Procuring Entity] now
invites bids for [insert brief description of
Works to be procured]. Completion of the
Works is required [insert the required
completion date or expected contract
duration]. Bidders should have completed,
within ten (10) years from the date of
submission and receipt of bids, a contract
similar to the Project. The description of
an eligible bidder is contained in the
Bidding Documents, particularly, in
Section II. Instructions to Bidders.
• The [insert name of Procuring Entity]
now invites bids for [insert brief
description of Works to be procured].
Completion of the Works is required
[insert the required completion date
or expected contract duration].
Bidders should have completed a
contract similar to the Project. The
description of an eligible bidder is
contained in the Bidding Documents,
particularly, in Section II. Instructions
to Bidders.
Philippine Bidding Documents Clause 5.4.(a), ITB for Infrastructure Projects
• Unless otherwise provided in the BDS,
the Bidder must have completed,
within ten (10) years from the
submission of bids, a single contract
that is similar to this Project,
equivalent to at least fifty percent
(50%) of the ABC adjusted to current
prices using the National Statistics
Office consumer price index.
• Clause 5.4.(a) Unless otherwise
provided in the BDS, the Bidder must
have completed a single contract that
is similar to this Project, equivalent to
at least fifty percent (50%) of the ABC
adjusted to current prices using the
National Statistics Office consumer
price index.
Philippine Bidding Documents Clause 12.1, ITB for Infrastructure Projects

• Unless otherwise indicated in the BDS, the • Unless otherwise indicated in the BDS, the first
first envelope shall contain the following envelope shall contain the following eligibility
eligibility and technical documents: and technical documents:
• (b) Eligibility Documents – • (a) Eligibility Documents –

• Class “A” Documents: • Class “A” Documents:

• …
• (iv) Statement of all its ongoing and
completed government and private contracts
within 10 years from the submission of bids,
including contracts awarded but not yet
started, if any. The statement shall include, for
each contract, the following…
• bid.
• …
• (iii) Statement of all its 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; and
• Statement identifying the bidder’s single largest
completed contract similar to the contract to be
• The statement shall include, for each contract,
the following…
Section 34.2 of the IRR of RA 9184 (23-2014)
• Within three (3) calendar days from
receipt by the bidder of the notice from
the BAC that the bidder has the Lowest
Calculated Bid or Highest Rated Bid, the
bidder shall submit the following
documentary requirements to the BAC:
• a) Latest income and business tax returns;
• b) Certificate of PhilGEPS Registration;
and,
• c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents...
• Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or
Highest Rated Bid, the bidder shall submit the
following documentary requirements to the
BAC:
• a) Latest income and business tax returns;
• b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the
procuring entity is a Philippine foreign office
or post, provided that participating bidders
should register with the PhilGEPS prior to bid
opening; and
• c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents…
Philippine Bidding Documents Clause 29.2, ITB for Goods Clause 28.2, ITB for Infrastructure Projects
• Within a non-extendible period of three
(3) calendar days from receipt by the
bidder of the notice from the BAC that it
submitted the LCB, the Bidder shall
submit the following documentary
requirements:
• (a) Latest income and business tax returns
in the form specified in the BDS;
• (b) Certificate of PhilGEPS Registration;
and
• (c) Other appropriate licenses and permits
required by law and stated in the BDS…
• Within a non-extendible period of three (3)
calendar days from receipt by the bidder of
the notice from the BAC that it submitted the
LCB, the Bidder shall submit the following
documentary requirements:
• (a) Latest income and business tax returns in
the form specified in the BDS;
• (b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the
procuring entity is a Philippine foreign office
or post, provided that participating bidders
should register with the PhilGEPS prior to bid
opening; and
• (c) Other appropriate licenses and permits
required by law and stated in the BDS…
Philippine Bidding Documents Clause 27.2, ITB for Consulting Services
• Within a non-extendible period of three
(3) calendar days from receipt by the
Consultant of the notice from the BAC
that it is the HRB, the Consultant shall
submit the following documentary
requirements:
• (a) Latest income and business tax returns
in the form specified in the BDS;
• (b) Certificate of PhilGEPS Registration;
and
• (c) Other appropriate licenses and permits
required by law and stated in the BDS…
• Within a non-extendible period of three (3)
calendar days from receipt by the Consultant
of the notice from the BAC that it is the HRB,
the Consultant shall submit the following
documentary requirements:
• (a) Latest income and business tax returns in
the form specified in the BDS;
• (b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the
procuring entity is a Philippine foreign office
or post, provided that participating bidders
should register with the PhilGEPS prior to bid
opening; and
• (c) Other appropriate licenses and permits
required by law and stated in the BDS…
Section 23.1(b) of the IRR of RA 9184 (29-2014)
• Class “B” Document
• Valid joint venture agreement (JVA), in case
the joint venture is already in existence. In the
absence of a JVA, duly notarized statements
from all the potential joint venture partners
stating that they will enter into and abide by
the provisions of the JVA in the instance that
the bid is successful shall be included in the
bid. Failure to enter into a joint venture in the
event of a contract award shall be ground for
the forfeiture of the bid security. Each partner
of the joint venture shall submit the legal
eligibility documents. The submission of
technical and financial eligibility documents
by any of the joint venture partners
constitutes compliance.
• Class “B” Document
• For goods, valid joint venture agreement (JVA), in case
the joint venture is already in existence. In the absence
of a JVA, duly notarized statements from all the
potential joint venture partners stating that they will
enter into and abide by the provisions of the JVA in the
instance that the bid is successful shall be included in
the bid. Failure to enter into a joint venture in the
event of a contract award shall be ground for the
forfeiture of the bid security. Each partner of the joint
venture shall submit the legal eligibility documents.
The submission of technical and financial eligibility
documents by any of the joint venture partners
constitutes compliance.
• For infrastructure projects, JV bidders shall submit a
JVA in accordance with RA 4566 and its IRR.
Philippine Bidding Documents Clause 12.1(a)(viii), ITB for Infrastructure Projects

• Class “B” Document • Class “B” Document

• If applicable, valid Joint Venture • If applicable, valid Joint Venture
Agreement (JVA) or, in lieu thereof, Agreement (JVA) shall be included in
duly notarized statements from all the bid.
potential joint venture partners
stating that they will enter into and
abide by the provisions of the JVA in
the instance that the bid is successful
shall be included in the bid.
Philippine Bidding Documents Clause 30.3(a)(i), ITB for Infrastructure Projects
• Notwithstanding the issuance of the Notice of Award,
award of contract shall be subject to the following
conditions:
• (a) Submission of the following documents within the
prescribed period from receipt by the Bidder of the
notice that it has the Lowest Calculated and
Responsive Bid:
• (i) Valid JVA, if applicable, within ten (10) calendar
days;
• (ii) Valid PCAB license and registration for the type and
cost of the contract to be bid for foreign bidders,
within thirty (30) calendar days, if allowed under a
Treaty, International or Executive Agreement
mentioned in ITB Clause 12.1(a)(iv);
• (b) Posting of the performance security in accordance
with ITB Clause 32;
• (c) Signing of the contract as provided in ITB Clause 31;
and
• (d) Approval by higher authority, if required.
• Notwithstanding the issuance of the Notice of Award,
award of contract shall be subject to the following
conditions:
• (a) Submission of the following documents
• within the prescribed period from receipt by the
Bidder of the notice that it has the Lowest Calculated
and Responsive Bid:
• (i) Valid PCAB license and registration for the type
and cost of the contract to be bid for foreign bidders,
within thirty (30) calendar days, if allowed under a
Treaty, International or Executive Agreement
mentioned in ITB Clause 12.1(a)(iv);
• (b) Posting of the performance security in accordance
with ITB Clause 32;
• (c) Signing of the contract as provided in ITB Clause 31;
and
• (d) Approval by higher authority, if required.
Section 23.5.1.2(b) of the IRR of RA 9184 (34-2014)

• b) When the foreign supplier is a • b) When the foreign supplier is a

citizen, corporation or association of a
country, included in Annex “I” to be
issued by the GPPB, the laws or
regulations of which grant reciprocal
rights or privileges to citizens,
corporations or associations of the
Philippines;
citizen, corporation or association of a
country, the laws or regulations of
which grant reciprocal rights or
privileges to citizens, corporations or
associations of the Philippines;
Section 7.2 of the Guidelines in the Determination of Eligibility of Foreign Bidders

• The procuring entity shall confirm from the list
of countries, provided in Annex “I” of the IRR
and as shown in the GPPB website, with which
the Philippines enjoys reciprocal rights on
matters of eligibility of its nationals in public
procurement abroad. Pending the issuance of
the list or in case the foreign bidder’s country
is not in said list, the bidder claiming eligibility
by reason of their country’s extension of
reciprocal rights to Filipinos shall submit 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/product.
• The bidder claiming eligibility by
reason of their country’s extension of
reciprocal rights to Filipinos shall
submit a certification from the
relevant government office of their
country stating that Filipinos are
allowed to participate in their
government procurement for the
same item/product.