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Procurement of

Consulting Services

ARTURO>LAYUG
Former State Auditor V
Technical Service Chief
Technical Services Office
Commission on Audit, Quezon City
Mobile Phone – 09178370355
CONSULTING SERVICES

Refer to services for


infrastructure projects and other
types of projects or activities of
the government requiring
adequate external technical and
professional expertise that are
beyond the capability and/or
capacity of the government to
undertake.
Hiring of Consultants

• Types of Consulting Services:


1. Advisory and Review Services
2. Pre-Investment or Feasibility Studies
3. Design
• Pre-Design Phase
• Basic Design Phase
• Support Services During Construction
4. Construction Supervision
5. Management and Related Services
6. Other Technical Services or Special Studies
Types for Consulting Services
Advisory and
Review Services Pre-investment /
Feasibility Studies

Pre-design
Consulting Phase
Services
Support
Services
During
Const
Training

Basic design
Phase
Hiring of Consultants

• Consultants may be hired if:


– The services to be provided are beyond the
capability of the Procuring Entity, because it does
not have the expertise or it could not devote
enough time to the work; and
– The services to be provided would not be
inconsistent with the Government’s policy of not
competing with the private sector
Hiring of Consultants

• Nationality of Consultants:
– Filipino consultants should be
hired if required expertise,
experience and capability are
available

– If not, foreign consultants


may be hired but are required
to associate with Filipino
consultants
Procedures for the
Procurement of Consulting
Services
Preparing for the
Procurement of Consulting
Services
Preparing for the Procurement of
Consulting Services
Terms of Reference

• Background
• Objectives
• Scope of ServicesTraining
• Reports and Time Schedule
• Data, Local Services, Personnel and Facilities
to be provided by the Procuring Entity
Preparing for the Procurement of
Consulting Services

• Factors to consider in Determining ABC:

1. Cost or market price of the service

2. Cost of money (for agencies that usually buy on


credit)

3. Inflationary factor
Preparing for the Procurement of
Consulting Services
• Computing the Cost of Consulting Services – based on
cost to the consultant of actual services to be rendered
plus a reasonable level of management fee. It consists
of:

1. Remuneration Cost – paid to the consultant’s staff


who are directly engaged in the service per
manning schedule. Consists of:

a. Basic Rates (based on Historical Salary Data)


b. Billing Factor or Multiplier
– Overhead Cost
– Social Charges
– Management Fee
Preparing for the Procurement of
Consulting Services
2. Reimbursable Costs – includes all other expenses
associated with the execution of the service. May
be classified into:
a. Based on Agreed Fixed Rates – paid to the staff
and includes:
– Housing Allowance
– Per Diems
– For foreign consultants – misc. int’l travel expenses
b. Based on Actual Cost – supported with invoices
– International Travel, Domestic Travel, Domestic
Transportation, Communication Expenses, Office/
Engineering Suppliers, Field Office, Equipment
Rental, Software Licenses, Other necessary items
c. Contingency
Philippine Bidding Documents for Procurement of
Consulting Services

TABLE OF CONTENTS

PART I
SECTION I. REQUEST FOR EXPRESSION OF INTEREST
SECTION II. ELIGIBILITY DOCUMENTS
SECTION III. ELIGIBILITY DATA SHEET

PART II
SECTION I. NOTICE OF ELIGIBILITY AND SHORT LISTING
SECTION II. INSTRUCTIONS TO BIDDERS
SECTION III. BID DATA SHEET
SECTION IV. GENERAL CONDITIONS OF CONTRACT
SECTION V. SPECIAL CONDITIONS OF CONTRACT
SECTION VI. TERMS OF REFERENCE
SECTION VII. BIDDING FORMS
SECTION VIII. APPENDICES
STANDARD RATES
The cost of bidding documents shall correspond to the ABC
range as indicated in the table below. This shall be the
maximum amount of fee that procuring entities can set
for the acquisition of bidding documents.

Approved Budget for the Contract


Maximum Cost of
Bidding Documents
(in Philippine Peso)

• 500,000 and below 500.00


• More than 500,000 up to 1 Million 1,000.00
• More than 1 Million up to 5 Million 5,000.00
• More than 5 Million up to 10 Million 10,000.00
• More than 10 Million up to 50 Million 25,000.00
• More than 50 Million up to 500 Million 50,000.00
• More than 500 Million 75,000.00
Preparing for the Procurement
Pre-Procurement Conference
• Undertaken prior to Advertising of Invitation to Bid or
Request for Expression of Interest
• To be attended by: BAC, TWG, End-user/Project Mngt.
Office, Consultants, if any, and
• BAC Secretariat/Proc. Office

Purpose:
a) Confirm the description and scope of the contract,
the ABC, and contract duration;

b) Ensure that the procurement is in accordance


with the PPMP and APP; Page 26 of 2016 Revised
IRR of RA 9184
Preparing for the Procurement

Pre-Procurement Conference
c) Determine the readiness of the procurement at hand,
including, among other aspects, the following:
i) availability of appropriations and programmed budget for
contract;
ii) completeness of the Bidding Documents and their
adherence to relevant general procurement guidelines;
iii) completion of the detailed engineering according to the
prescribed standards in the case of infrastructure projects; and
iv) confirmation of the availability of ROW and the
ownership of affected properties.

• Not required for Consulting Services costing P1M and


below
Pre- Pre- Without
Nature Procurement Bid posting in
Conference Conf. GEPS
Goods/Ser More than PhP 1M PhP
vices PhP 2M or more 50,000
or less
Infra More than PhP 1M PhP
Projects PhP 5M or more 50,000
or less
Consulting More than PhP 1M PhP
Services PhP 1M or more 50,000
or less
Procedures for the
Procurement of Consulting
Services
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of
Interest
2. Accept the Submission of Eligibility Documents
Envelope and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial
Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest
Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue
the Notice to Proceed
Procedural Steps for Procurement
of Consulting Services
Quality Based Evaluation

Submission of Opening of
Pre-Procurement Advertisement Eligibility Env.,
Eligibility
Conf. w/in 7 c.d.
Requirements
Eligibility Check
1 c.d.
1 c.d.

Submission Opening of
of Tech. Proposal at least 12 c.d.
Proposals & Prel. Pre-Bid Shortlisting
Exam. Conference Within 20 c.d.

Issue the Bidding


Documents
Submission of
Evaluation Opening of Add’l Docs. Award of
Financial
Negotiation Within 5 c.d. Contract to HRRB
& Ranking within 10 c.d.
Proposal Within 15 c.d.

not more
than 21 c.d.
1 c.d. Post- Notice to
qualification Proceed
Not more 12 c.d.(from HRB) Within 7 c.d.
Procedural Steps for Procurement
of Consulting Services
Quality-Cost Based Evaluation
Submission of Opening of
Pre-Procurement Advertisement Eligibility Eligibility Env.,
Conf. w/in 7 c.d. Requirements
Eligibility Check

1 c.d. 1 c.d.

Submission Opening of
Tech. Opening of at least 12 c.d.
Pre-Bid
of Proposal Financial Shortlisting
Proposals & Prel. Proposal Conference Within 20 c.d.
Exam.
Issue the Bidding
Documents
Submission of
Award of
Add’l Docs.
Evaluation Negotiation Within 5 c.d.
Contract to HRRB
within 10 c.d. Within 15 c.d.
& Ranking
Post- Notice to
not more
than 21 c.d. qualification Proceed
Not more 12 c.d. (from HRB) Within 7 c.d.
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a
Request for Expression of
Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
[Letterhead of the Procuring Entity]
REQUEST FOR EXPRESSION OF INTEREST FOR [Insert name of Project]

1. The [insert name of Procuring Entity], through the [insert source of funding and year] intends to
apply the sum of [insert the approved budget for the contract] being the Approved Budget for
the Contract (ABC) to payments under the contract for [insert name/no. of contract]. Bids
received in excess of the ABC shall be automatically rejected at the opening of the financial
proposals.
2. The [insert name of the Procuring Entity] now calls for the submission of eligibility documents
for [insert brief description of services to be procured] . Eligibility documents of interested
consultants must be duly received by the BAC Secretariat on or before [insert date and time of
the opening of eligibility documents] at [insert address for place of submission]. Applications
for eligibility will be evaluated based on a non-discretionary “pass/fail” criterion.
3. Interested bidders may obtain further information from [insert name of the Procuring Entity] and
inspect the Bidding Documents at the address given below during [insert office hours].

4. 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 the applicable fee for the Bidding Documents, pursuant to the latest Guidelines
issued by the GPPB, in the amount of [insert amount in Pesos.]
It may also be downloaded free of charge from the website of the Philippine Government
Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that
Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of
their bids.
5. The BAC shall draw up the short list of consultants from those who have submitted Expression of
Interest, including the eligibility documents, and have been determined as eligible in accordance
with the provisions of Republic Act 9184 (RA 9184), otherwise known as the “Government
Procurement Reform Act”, and its Implementing Rules and Regulations (IRR). The short list shall
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consist of [insert number of short list allowed] prospective bidders who will be entitled to submit
bids. The criteria and rating system for short listing are:
Short Listing

• Example of Short listing Criteria and Weights:


1. Applicable experience of Consultants 30%

2. Qualification of personnel to be assigned 50%


to the job (education, work experience,
number of years in firm, etc.)
3. Current workload relative to capacity 20%

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6. Bidding will be conducted through open competitive bidding procedures using non-
discretionary “pass/fail” criterion as specified in the IRR of RA 9184.

In addition, select one of the two following paragraphs and delete the other depending on the
existence of the condition under Section 24.3.3 of the IRR of RA 9184:
(i) Select this paragraph if Filipino consultants have sufficient expertise and capability to
render the services required under the project: Bidding is restricted to Filipino citizens/sole
proprietorships, cooperatives, and partnerships or organizations with at least sixty percent
(60%) interest or outstanding capital stock belonging to citizens of the Philippines.
(ii) Select this paragraph if Filipino consultants do not have sufficient expertise and
capability to render the services required under the project: Bidding is open to all interested
bidders, whether local or foreign, subject to the conditions for eligibility provided in the IRR of
RA 9184.

Bidding will be conducted in accordance with relevant procedures for open competitive bidding
as specified in the IRR of RA 9184 with some amendments, as stated in these bidding
documents and is open to all bidders from eligible source countries as defined in the applicable
guidelines of the [state the foreign government/foreign international financing institution
concerned].

7. The Procuring Entity shall evaluate bids using the [indicate if Quality Based
Evaluation/Selection (QBE/QBS), Quality-Cost Based Evaluation/Selection (QCBE/QCBS), Fixed
Budget Selection, or Least-Cost Selection] procedure. [In case QCBE is used, insert the
following sentence here: The Procuring Entity shall indicate the weights to be allocated for the
Technical and Financial Proposals]. The criteria and rating system for the evaluation of bids
shall be provided in the Instructions to Bidders.

8. The contract shall be completed within [insert the expected contract duration in days or
months]. 24
[Letterhead of the Procuring Entity]
REQUEST FOR EXPRESSION OF INTEREST FOR [Insert name of Project]

9. The [insert name of the Procuring Entity] reserves the right to reject any and all bids, declare a
failure of bidding, or not award the contract at any time prior to contract award in accordance
with Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected
bidder or bidders.

10. For further information, please refer to:


[Insert name of officer]
[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate city code]
[Insert contact’s email address]
[Insert facsimile number]
[Insert website address, if applicable]

[Date of Issue]

_________________________________
[Insert Name and Signature of the BAC
Chairperson or the Authorized Representative
of the BAC Chairperson]
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Advertising of a Request for Expression
of Interest

• Projects costing P5M and below:

1. In a conspicuous place in the agency premises –


certified by head of BAC Secretariat

2. In the G-EPS

3. In website of agency (if any) and its service provider


(if any)
Advertising of a Request for EOI

• Projects costing above P5M:

1. Newspaper Advertisement

2. In a conspicuous place in the agency premises –


certified by head of BAC Secretariat

3. In the G-EPS

4. In website of agency (if any) and its service provider


(if any)
With Pre- Bid Without
Nature Newspaper Conf. posting in
Ads GEPS
Goods/Ser More than PhP 1 M PhP
vices PhP 10 M or more 50,000
or less
Infra More than PhP 1 M PhP
Projects PhP 15 M or more 50,000
or less
Consulting More than PhP 1 M PhP
Services PhP 5 M or more 50,000
or less
Advertising of a Req.
for EOI (Sec. 21)
Submission of Eligibility Documents
( 7 c.d. max. pd.) shall be on or before deadline
specified in the ITB/Request for EOI
and shall be opened before the dates
of the pre-bid conf. and bid opening
75 CDs from
1 2 3 4 5 6 7 last day
of ITB
Date of
Newspaper Pub. Bid Opening

*Once in one (1) newspaper


of general nationwide
circulation is required.
Operational Timeline
Pre-Bid Conf. Days
7 CDs

Subm./ Opening of EDs Pre-Bid Pre-Bid


Pre-Proc. REOI
7 CDs 12 CDs

75 CDs from last


1 7 30 CDs
day of REOI
Subm./ Opening of Bids

Simultaneous Posting.
7 CDs
Supp.BB

Recommended Earliest Maximum Period Allowed


Possible Time (from 1st day (from 1st day of posting to
of posting to Issuance of latest day of Issuance of
NTP) – 36 calendar days NTP) – 180 calendar days
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest

2. Accept the Submission of


Eligibility Documents
Envelope and Conduct
Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Eligibility Criteria
• The following persons//entities shall be allowed
to participate in the bidding for consulting
services :
1. Duly licensed Filipino citizens/sole proprietorship;
2. Partnerships organized under Phil. laws with at
least 60% Filipino ownership
3. Corporations organized under Phil. laws with at
least 60% Filipino Outstanding Capital Stock
4. Cooperatives organized under Phil. laws & of which
at least 60% belongs to citizens of the Phil. Or
5. Persons/entities forming themselves into a joint
venture Joint Ventures with at least 60% Filipino
ownership
Eligibility Requirements
(Revised IRR Highlight)
• Class “A” Documents
Legal Documents – 1. Reg. Cert. from SEC, DTI for sole
proprietorship, or CDA for cooperatives 2. Mayor’s
Permit and 3. Tax Clearance 4. PhilGEPS Certiificate of
Registration
Technical Documents – 1. Statement of all ongoing and
completed government and private contracts, and
2. Statement specifying its nationality & confirming that
those who will actually perform the service are
registered professional authorized by the appropriate
regulatory body to practice those professions and allied
professions
Financial Documents – 1. Consultant’s audited FS
stamped received by BIR for the preceding CY which
should not be earlier than 2 years from the date of bid
submission.
Eligibility
Requirements Legal Technical Financial
GOODS / SERVICES >SEC/DTI/CDA >Statement of all on- >Audited
Registration going projects, similar Financial
>Mayor’s Permit, and not similar, Statement
principal place of >Statement identifying >NFCC
business the bidder’s single
>Tax Clearance largest completed
contract similar to the
contract to be bid..
per Sec. 23.1.a) iv & v.
and Sec. 25.2 a) iv & v.

INFRASTRUCTURE >SEC/DTI/CDA >Same as above per >Audited


PROJECTS Registration Sec. 23.1. b) iv & v. & Financial
>Mayor’s Permit b) and Sec. 25.2. b) iv Statement
&v >NFCC
>Tax Clearance
>PCAB License
.

CONSULTING >SEC/DTI/CDA >Statement of all on- >Audited


SERVICES Registration going & completed Financial
>Mayor’s Permit projects per Sec Statement
24.1.a).iv
>Tax Clearance
>Nationality & Prof.
> PhilGEPS Cert. of License
Reg’n per Sec.24.4.3
Eligibility Requirements
• Class “B” Documents
Valid joint venture agreement (JVA) in
case a joint venture is already in
existence.
In the absence of 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 the the bid is
successful.
• Eligibility Requirements (Secs. 23 & 24)

– Registry System
• Manual or electronic
• Class “A” documents (legal, technical & financial)
• Maintained current and updated
• PhilGEPS Certification of Registration – use its
contents to facilitate determination of eligibility
(legal, technical & financial) thru the electronic
registry

– Expression of Interest (EOI) /Application for eligibility or


updates
• Deadline stated in bid documents
– Not later than date of bid submission
• Documents submitted after shall not be considered
Eligibility Requirements
• A prospective bidder that has
previously submitted its Class “A”
Documents, can simply submit:
– BAC Certification that it has a
complete and updated set of
Class “A” Documents
– Its Class “B” Documents
– Its certification on authenticity
GPPB Resolution No. 26-2017 dated 31 July 2017
Published 18 August 2017, Page A16, Philippine
Daily Inquirer

Approving the Issuance of a Circular on the Deferment


of the Implementation of the mandatory submission of
PhilGEPS Certificate of Registration and Membership in
the Competitive Bidding.

This Resolution shall take effect after fifteen (15) days


following the publication in Official Gazette or a newspprer of
general nationwide circulation and upon filing with the University of
the Philippines Law Center of three (3) certified copies of this
Resolution.
GPPB Circular No. 07-2017 dated 31 July 2017
Published 18 August 2017, Page A16, Philippine Daily Inquirer
Subject : Deferment of the implementation of the Mandatory
Submission of PhilGEPS Certificate of Registration and
Membership
4.0 Deferment of Mandatory Submission of PhilGEPS Certificate of
Registration and Membership
4.1 To provide prospective bidders with additional time to register with
PhilGEPS under the Platinum Membership category and to synchronize with the
PhilGEPS Modernization…
4.1.2 For all procurement projects advertised and/or posted
starting 1 May 2017 until the effectivity of this Circular, procuring entities and
bidders are bound to observe the mandatory submission of the PhilGEPS
Certificate of Registration under Platinum Category in lieu fo the Class “A”
EDs required to be uploaded and maintained current in the PhilGEPS, and

4.1.3. In cases where the advertisements or invitations for


bids were issued prior to 1 May 2017, Procuring Entities may still allow
bidders to submit either their Class “A” EDs or the PhilGEPS Certificate of
Registration under Platinum Category, or a combination thereof in case any
of the earlier uploaded Claas “A” EDs has expired.
GPPB Circular No. 07-2017 dated 31 July 2017
Published 18 August 2017, Page A16, Philippine Daily Inquirer
Subject : Deferment of the implementation of the Mandatory
Submission of PhilGEPS Certificate of Registration and
Membership
5.0 PhilGEPS Registration Requirements for Alternative Methods of Procurement
5.1 Under Section 54.6 of the 2016 Revised IRR, MSDCCs 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:
1. Sec.50 - Direct Contracting
2. Sec. 52.1 (b) – Shopping for Ordinary Office Supplies and
Equipment not available in DBM PS
3. Sec. 53.3 – Take Over of Contracts (Only for New Bidders, if any)
4. Sec. 53.6 – Scientific, Scholarly or Artistic Work,
Exclusive Technology and Media Services
5. Sec. 53.7 – Highly Technical Consultants
6. Sec. 53.9 – Small Value Procurement
7. Sec. 53.10 – Lease of Real Property and Venue
8. Sec. 53.11 – NGO Participation
For purposes of LSB under Section 49 and Two-Failed Biddings under
Section 53.1, the BAC shall require the submission of a certificate of
PhilGEPS registration in accordance with Section 8.5.2 of the same IRR.
GPPB Circular No. 07-2017 dated 31 July 2017
Published 18 August 2017, Page A16, Philippine Daily Inquirer
Subject : Deferment of the implementation of the Mandatory
Submission of PhilGEPS Certificate of Registration and
Membership
5.1 Under Section 54.6 of the 2016 Revised IRR, MSDCCs 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:
1. Sec.50 - Direct Contracting
2. Sec. 52.1 (b) – Shopping for Ordinary Office Supplies and
Equipment not available in DBM PS
3. Sec. 53.3 – Take Over of Contracts (Only for New Bidders, if any)
4. Sec. 53.6 – Scientific, Scholarly or Artistic Work,
Exclusive Technology and Media Services
5. Sec. 53.7 – Highly Technical Consultants
6. Sec. 53.9 – Small Value Procurement
7. Sec. 53.10 – Lease of Real Property and Venue
8. Sec. 53.11 – NGO Participation
For purposes of LSB under Section 49 and Two-Failed Biddings under
Section 53.1, the BAC shall require the submission of a certificate of
PhilGEPS registration in accordance with Section 8.5.2 of the same IRR.
GPPB Circular No. 07-2017 dated 31 July 2017
Published 18 August 2017, Page A16, Philippine Daily Inquirer
Subject : Deferment of the implementation of the Mandatory
Submission of PhilGEPS Certificate of Registration and
Membership
5.0 PhilGEPS Registration Requirements for Alternative Methods of Procurement

5.1 The deferment of the mandatory submission of PhilGEPS


Certificate of Registration and Membership under the Platinum Category
shall likewise apply to LSB and Negotiated Procurement under Two-Failed
Biddings modality.

5.3 For other alternative methods of procurement mentioned in


Section 54.6 of the 2016 Revised IRR of RA 9184, only PhilGEPS
Registration Number (Red Membership) shall be required from
the bidders
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interes
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check

3. Short list the Eligible


Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Short Listing

• Example of Short listing Criteria and Weights:


1. Applicable experience of Consultants 30%

2. Qualification of personnel to be assigned 50%


to the job (education, work experience,
number of years in firm, etc.)
3. Current workload relative to capacity 20%
Criteria – Applicable Experience of the Firm
and the Individual Principal/Key Staff
• Frequency of Projects per Year
• Average Project Cost
• Average Project Duration
• Equipment to Manpower Ratio
• Average Technical Experience of
the Individual
Criteria – Qualification of Personnel

• Education Factor/Educational
Attainment
• Technical Certification
• Technical Training
• Number of years in the Firm/
Business/Working Experience
Criteria – Current Workload relative to
Capacity
• Largest single contract (at least
50% of the ABC)
• Technical Personnel Ratio
• Equipment/Available Tools to
Manpower Ratio
Short Listing of Consulting Firms
CONSULTING RATING RANK
FIRM Applicable Qualification Current
Experience of Personnel Workload Total
( (30) (50) (20) (100%)
Tip-Top 25 46 17 88 3
Ultimate 23 46 15 84 4, 5 or 6
Vibrant 24 48 12 84 4, 5 or 6
Wisdom 25 45 14 84 4, 5 or 6

X-Factor 27 46 16 89 2
Youcan 25 43 15 83 7
Zeta 26 47 17 90 1
Notice of Eligibility and Short
Listing [Insert Date]
[Name and Address of Short Listed Consultant]

Dear [Addressee]:

1. The [insert name of Procuring Entity] (hereinafter called “Procuring


Entity” has received financing (hereinafter called “funds”) from [insert
name of Funding Source] (hereinafter called the “Funding Source”)
toward the cost of [insert name of project]. The Procuring Entity
intends to apply a portion of the funds in the amount of [insert amount
of ABC] to eligible payments under the contract for [insert name of
contract] for which the Bidding Documents is issued.

2. The Procuring Entity now invites bids to provide the following


Consulting Services: [insert short description of objectives and scope
of the project]. More details on the services are provided in the Terms
of Reference (TOR) for the project.

3. The Consultant shall be selected and employed in accordance with


[insert evaluation procedure] procedures as described in the Bidding
49
Documents.
Notice of Eligibility and Short
Listing

4. This notice has been addressed to the following


short listed consultants:
[Insert list of short listed consultants]

5. It is not permissible for you to transfer this


invitation to any other consultant.

6. The Bidding Documents shall be available at


[indicate address] during [insert office hours, e.g.
8:00 a.m. to 5:00 p.m.].

50
Notice of Eligibility and Short
Listing
7. The [insert name of the Procuring Entity] will hold a Pre-Bid
Conference on [insert time and date] at [insert address for Pre-Bid
Conference, if applicable], which shall be open to all shortlisted bidders.

Yours sincerely,

_____________________________
[Insert signature, name, and title of the
Procuring Entity’s Representative]

[7] May be stated when the Procuring Entity opt


to hold a pre-bid conference even if the ABC is less
than Five One Million Pesos (PhP 1,000,000).

51
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders

4. Issue the Bidding


Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Issue the bidding documents

Issue and sell the Bidding


Documents to interested
Bidders / Consultants /
Consulting Firms at the
price set in the GPPB
Resolution 04-2012.
STANDARD RATES
The cost of bidding documents shall correspond to the ABC range as
indicated in the table below. This shall be the maximum amount of
fee that procuring entities can set for the acquisition of bidding
documents.

Approved Budget for the Contract


Maximum Cost of
Bidding Documents
(in Philippine Peso)

• 500,000 and below 500.00


• More than 500,000 up to 1 Million 1,000.00
• More than 1 Million up to 5 Million 5,000.00
• More than 5 Million up to 10 Million 10,000.00
• More than 10 Million up to 50 Million 25,000.00
• More than 50 Million up to 500 Million 50,000.00
• More than 500 Million 75,000.00
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents

5. Call A Pre-Bid Conference


and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Pre-Bid Conference
• Initial forum where the Procuring
Entity’s representatives and the
prospective bidders discuss the
different aspects of the procurement
at hand
• At least 1 required for bids with ABC
of P1M or more
• Discretionary for bids costing less
than P1M
• Held at least 12 c.d. before deadline
for Submission of Bids
Pre-bid conference may be
conducted in person or face-to-
Pre-Bid Conference face through video conferencing,
webcasting, or similar technology,
or a combination thereof.
• The pre-bid conference Procuring Entities with
shall discuss, among videoconferencing capabilities
that have manufacturers,
other things, the eligibility suppliers, distributors, contractors
requirements and the and/or consultants that also have
technical and financial video conferencing capabilities
components of the may conduct their pre-bidding
contract to be bid conferences electronically.
including questions and The Pre-Bid Conference is open
clarifications raised by the to prospective bidders, and in
prospective bidders case of procurement of
before and during the consulting services, the
Pre-Bid Conference. shortlisted bidders, but
attendance shall not be
mandatory.
Threshold Amount
Nature/ Shopping / Bidding Bidding
Category/ Small Value without with Pre-
Procurement Pre- Bid Bid
Type (NGA/GOCC) Conf. (LGU Conf.
Classification)
GOODS / SERVICES P 1,000,000 More than PhP 1M
PhP _00,000
or less but less than or More
PhP 1M

INFRASTRUCTURE P 1,000,000 More than PhP 1M


PROJECTS PhP _00,000
or less but less than or More
PhP 1M

CONSULTING P 1,000,000 More than PhP 1M


SERVICES PhP _00,000
or less but less than or More
PhP 1M
SHOPPING
a) When there is an unforeseen contingency requiring immediate
purchase, the amount shall not exceed the following:

i. For NGAs, GOCCs, GFIs, SUCs, and Autonomous Regional


Government, Two Hundred Thousand Pesos ( 200,000)

ii. For LGUs, in accordance with the following schedule:

DOF Classification of LGUs Maximum Amount (in Philippine Peso)

Province City Municipality

1st Class 200,000 200,000 100,000


2nd Class 200,000 200,000 100,000
3rd Class 200,000 160,000 100,000
4th Class 160,000 120,000 100,000
5th Class 120,000 100,000 100,000
6th Class 100,000 100,000 100,000

In the case of barangays , Fifty Thousand Pesos ( 50,000).


SHOPPING / SMALL VALUE PROCUREMENT

b) Procurement of ordinary or regular office supplies and equipment not


available in the DBM-PS, in the amount not to exceed the following:

i. For NGAs, GOCCs, GFIs, SUCs, and Autonomous Regional


Government, One Million Pesos ( 1,000,000)

ii. For LGUs, in accordance with the following schedule:

DOF Classification of LGUs Maximum Amount (in Philippine Peso)

Province City Municipality

1st Class 1,000,000 1,000,000 200,000


2nd Class 1,000,000 1,000,000 200,000
3rd Class 1,000,000 800,000 200,000
4th Class 800,000 600,000 100,000
5th Class 600,000 400,000 100,000
6th Class 400,000 200,000 100,000

In the case of barangays , Fifty Thousand Pesos ( 50,000).


Supplemental/Bid Bulletins

• Issued by BAC to answer requests for


clarification or interpretation, and upon BAC’s
initiative to clarify or modify any provision of
Bidding Docs. (at least 7 c.d. before deadline
for bids)

• Supplemental/Bid Bulletins posted in G-EPS,


agency’s website, if any, and conspicuous
place

• Bidders who have submitted bids before


issuance of Supplemental/Bid Bulletin have to
be informed in writing and allowed to modify or
withdraw their respective bids
• Pre-Bid Conference (Sec. 22.2)
If a longer period for the preparation of bids
is necessary, the pre-bid conference shall be
held at least thirty (30) calendar days
before the deadline for the submission and
receipt of bids,

• By reason of Method, nature and complexity


of contract or
• Where International participation will be
more advantageous
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical
and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Sec. 25.5.
Bids shall be received by the BAC on the date, time,
and place specified in the Invitation to Bid/Request
for Expression of Interest.
The following periods from the last day of posting of
the Invitation to Bid/Request for Expression of
Interest up to the submission and receipt of bids
shall be observed:
a) For Goods, a maximum period of forty-five (45)
calendar days.
b) For Infrastructure Projects, the following
maximum periods:
ABC (in Philippine currency) Period Fifty (50)
million and below 50 calendar days
Above fifty (50) million 65 calendar days
c) For Consulting Services, a maximum period of
seventy five (75) calendar days.
Submission and Opening of Bids

• Bid – A signed offer or proposal to undertake a


contract submitted by a bidder in response to,
and in consonance with, the requirements
stated in the Bidding Documents

• Should be submitted on or before time & date of


deadline for submission of bids stated in the ITB

• 2 components of a Bid:
1. Technical Proposal/Bid
2. Financial Proposal/Bid
Name of Contract to be Bid Seal
Name/Address of Bidder
Addressed to the BAC
“DO NOT OPEN BEFORE …
Date and time of Bid Opening”
Submission and Opening of Bids

• The first envelope, Technical Proposal,


shall contain the following technical
information / documents:

1. The Bid Securing Declaration (BSD, Sec.


27.5) or Bid Security in the prescribed
from, amount & validity period;
BID SECURITY (Sec. 27.2)

Amount equal to
Form of Bid Security
Percentage of ABC

a) Cash, cashier’s / manager’s check, Two percent (2%)


bank draft / guarantee confirmed
by a Universal or Commercial Bank
b) Irrevocable letter of credit issued Two percent (2%)
and confirmed by a Universal or
Commercial Bank
c) Surety bond callable upon demand Five percent (5 %)

68
RESOLUTION NO. 03-2012
RESOLUTION APPROVING AND ADOPTING BID SECURING DECLARATION AS AN
ADDITIONAL FORM OF BID SECURITY

• 3. DEFINITION

• 3.1. Bid Securing Declaration is an undertaking by a


prospective bidder, 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.

• 3.2. The Bid Securing Declaration shall comply with the


standard format attached hereto as Annex “A” and shall
be submitted to the procuring entity in the manner
prescribed under Sections 25 and 27 of the IRR.
Bid-Securing Declaration

(REPUBLIC OF THE PHILIPPINES)


CITY OF _______________________ ) S.S.
x-------------------------------------------------------x
Invitation to Bid [Insert reference number]
To: [Insert name and address of the Procuring Entity]
I/We, the undersigned, declare that:
1. I/We understand that, according to your conditions, bids must be supported by a Bid Security,
which may be in the form of a 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, within fifteen (15) days from receipt of 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.

3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the following
circumstances:
a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a waiver
to avail of said right;
c. I am/we are declared as the bidder with the Highest Rated Responsive Bid, and I/we
have furnished the performance security and signed the Contract.
Bid-Securing Declaration

iN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month] [year] at
[place of execution].
[Insert NAME OF BIDDER’S AUTHORIZED REPRESENTATIVE]
[Insert signatory’s legal capacity]

Affiant

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution],
Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent
evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s
exhibited to me his/her [insert type of government identification card used], with his/her photograph
and signature appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC


Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]
Doc. No. ___
Page No. ___
Book No. ___
Series of ____.
RESOLUTION NO. 15-2014 Approved Date- June 20, 2014
Published Date - November 27, 2014, The Manila Times

a. In case of multiple bidders:

i. 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;
ii. 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;
RESOLUTION NO. 15-2014 Approved Date- June 20, 2014
Published Date - November 27, 2014, The Manila Times

b. 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.
• 3. Include a provision relative to the period within which
the bidder has to pay the fine under Section 6 (iii) of the
Guidelines;

• 4. Incorporate the foregoing amendments in the Standard


Format of Bid Securing Declaration.
RESOLUTION NO. 15-2014 Approved Date- June 20, 2014
Published Date - November 27, 2014, The Manila Times

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.
Submission and Opening of Bids
• The first envelope shall contain the following
technical information / documents:

1. The BSD or Bid Security in the prescribed from,


amount & validity period;
2. Organizational chart for the contract to be bid;
3. List of completed and on-going projects;
4. Approach, work plan, and schedule (for
architectural design, submission of architectural
plans and designs shall not required during the
consultant’s selection process)
5. List of key personnel to be assigned to the
contract to be bid, with their complete
qualification and experience data
6. Omnibus Sworn Statement executed by the bidder, or its
duly authorized representative, shall contain the following:
(a) The signatory is the duly authorized representative of the
prospective bidder,
(b) It is not “blacklisted” or barred from bidding by the GoP or
international financing institution whose blacklisting rules have
been recognized by the GPPB;
(c) Each of the documents submitted in satisfaction of the bidding
requirements is an authentic copy of the original, complete
(d) It is authorizing the HoPE or his duly authorized representative/s to
verify all the documents submitted;
(e) It complies with the disclosure provision under Section 47 of the Act
(f) It complies with existing labor laws and standards;
(g) It complies with the responsibilities of a prospective or eligible
bidder provided in the PBDs;
(h) It did not give or pay, directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to
any person or official, personnel or representative of the
government in relation to any procurement project or activity
Submission and Opening of Bids

• The second envelope, Financial Proposal, shall


contain the following information/documents:

1. Remuneration cost indicating basic salary,


overhead cost, social charges, management fee
and billing rate

2. Reimbursable cost

3. Other items as may be required in the Bidding


Documents
Consulting Contents of the Sealed Remarks
Services Envelope
Eligibility >SEC, DTI or CDA Cert. of Registration Subject to Subject to
Requirements >Mayor’s Permit Short Post
>Tax Clearance Listing Qualification
>GEPS Cert. of Registration (Ratings) if HRB
>List of On-going & Completed Projects
>Nationality and Professional License
>Audited Financial Statement
Technical >BSD or Bid Security Subject to Subject to
Proposal >List of On-going & Completed Projects Technical Post
Documents >Organizational Chart Evaluation Qualification
(Ratings–
>List of Personnel 1.Quality of if HRB
>Work Plan (Bar Chart) and Personnel,
Methodology 2.Experience
& Capability.
>Terms of Reference (TPF 1 – 8, 3.Plan of
including Curriculum Vitae) Approach)
>Omnibus Sworn Statement
Financial >Financial Proposal Forms (FPF !-6) Subject to If HRRB,
Proposal 1. Cover Letter, 2. Summary of Costs, Re- whichever is
Documents 3. Price per Activity, 4. Remuneration Calculation lower is the
Cost per Activity, 5. Reimbursable Cost CP. (Subm.
78
per Activity, 6. Miscellaneous Expenses BP or Calc.
Procedural Steps for Procurement
of Consulting Services – Public Bidding

1. Advertise and Post a Request for Expression of Interest


2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes

7. Evaluate the Bids


8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Preliminary Examination of
Technical Proposal
• Opening the Technical
Envelopes which contain
the Technical Proposal to
ascertain compliance with
the submission
requirements
• A non-discretionary “pass/fail” criteria
shall be used
• A checklist of required documents shall
be used
Evaluation of Bids

• After Preliminary Examination of Technical


Proposals, BAC conducts Detailed Evaluation
of the Technical Proposals

• Purpose is to determine the Highest Rated Bid


(HRB), by:
1. Detailed evaluation of bids of short listed
consultants using numerical ratings based on
the Quality-Based Evaluation (QBE) or Quality-
Cost Based Evaluation procedure (QCBE); and
2. Ranking of bidders based on numerical ratings
from highest to lowest
Evaluation of Bids

• QBE is applied for:


1. Complex or highly specialized
assignments for which it is difficult to
precisely define the TOR and the required
inputs from the consultants
2. Assignment can be carried out in
substantially different ways, such that the
proposals are not comparable

• QCBE is applied in all other cases


Evaluation of Bids
• Quality –Based Evaluation (QBE)
– Simultaneous submission of both Technical and
Financial proposals in separate sealed envelopes
– Considers only the Technical Proposals in the ranking of
consultants
– Considered as 2-Stage Procedure, where Technical
proposals shall be evaluated first and the consultants
ranked, before the Financial Proposal of the bidder with
the HRB is opened
– First-in-rank consultant shall be invited for contract and
financial negotiations. If financial negotiations with the
Consultant with the highest technical score fails, the
procuring entity shall negotiate with the Consultant with
the second highest technical score
– The financial proposal shall not exceed the ABC
– The Financial Proposal shall be deemed to include the
cost of all taxes, duties, levies, and other charges
Procedural Steps for Procurement
of Consulting Services
Quality Based Evaluation

Submission of Opening of
Pre-Procurement Advertisement Eligibility Env.,
Eligibility
Conf. w/in 7 c.d.
Requirements
Eligibility Check
1 c.d.
1 c.d.

Submission Opening of
of Tech. Proposal at least 12 c.d.
Proposals & Prel. Pre-Bid Shortlisting
Exam. Conference Within 20 c.d.

Issue the Bidding


Documents
Submission of
Evaluation Opening of Add’l Docs. Award of
Financial
Negotiation Within 5 c.d. Contract to HRRB
& Ranking within 10 c.d.
Proposal Within 15 c.d.

not more
than 21 c.d.
1 c.d. Post- Notice to
qualification Proceed
Not more 12 c.d.(from HRB) Within 7 c.d.
Evaluation of Bids (QBE)

• Bids are rated numerically. This is done either


– Individually – Each BAC member assigns
numerical rates to a proposal (ranging from 1 to
100), these rates are tabulated, and then the
highest and lowest rates are disregarded. This
step is done to remove the possibility of 1 BAC
member unduly influencing the results of the
bidding

– Collegially – The BAC members evaluate the


proposals, deciding as a group. The rate
obtained by a proposal is the consensus of the
BAC members involved in the evaluation
Evaluation of Bids (QBE)

• Example of Bases of Technical Evaluation:


– Quality of Personnel - 10%
– Experience and Capability of the Consultant - 30%
– Plan of Approach and Methodology - 60%

• Note: The BAC shall assign numerical weights


to each of the above criteria indicated in the
bidding documents
Criteria – Quality of Personnel/Project Staff

• Education Factor
• Number of Project Staff/
Project Staffing and
Organization
• Technical Certification
• Technical Training
Criteria – Experience and Capability of
Consultants
• Client Base
• Business/Working Experience
• Project Personnel to Total
Personnel Ratio
• Equipment/Available Tools to
Manpower Ratio
• Reference Sites (similar
projects)/Prototype
Criteria – Plan of Approach and
Methodology
• Prototype/Demonstration of Similar
Project/System
• Description of Project/Solution Components
• Development Methodologies
• Project Development Strategy/Schedule
• Feasibility and Innovativeness
• Clarity and Quality of Interpretation
• Comprehensiveness
QBE, Technical (Quality) Proposal Rating, Individually
EVALUATOR FIRM V FIRM W FIRM X FIRM Y FIRM Z

A 95 75 84 83 84
B 84 88 86 81 82
C 84 86 85 79 84
D 83 85 84 79 82
E 84 87 86 80 83
AVERAGE
(5E)
86.0 84.2 85.0 80.4 83.0

RANK 1 3 2 5 4
Sec. 33.2.3. In order to eliminate bias in evaluating the technical
proposals, it is recommended that the highest and lowest scores for
each consultant shall not be considered in determining the average
HRB scores of the consultants, except when the evaluation is conducted in
a collegial manner.
EVALUATOR FIRM V FIRM W FIRM X FIRM Y FIRM Z

A 95 75 84 83 84
B 84 88 86 81 82
C 84 86 85 79 84
D 83 85 84 79 82
E 84 87 86 80 83

AVERAGE
(3E)
84 86 85 80 83

RANK 3 1 2 5 4

HRB
EVALUATOR FIRM V FIRM W FIRM X FIRM Y FIRM Z

A 95 75 84 83 84
B 84 88 86 81 82
C 84 86 85 79 84
D 83 85 84 79 82
E 84 87 86 80 83

AVERAGE
(3E)
84 86 85 80 83

RANK 3 1 2 5 4

HRB
Consulting Contents of the Sealed Remarks
Services Envelope
Eligibility >SEC, DTI or CDA Cert. of Registration Subject to Subject to
Requirements >Mayor,s Permit Short Post
>Tax Celarance Listing Qualification
>GEPS Cert. of Registration (Ratings) if HRB

Technical >BSD or Bid Security Subject to Subject to


Proposal >List of On-going & Completed Projects Technical Post
Documents >Organizational Chart Evaluation Qualification
(Ratings–
>List of Personnel if HRB
1.Quality of
>Work Plan (Bar Chart) and Personnel,
Methodology 2.Experien
>Terms of Reference (TPF 1 – 8, ce &
including Curriculum Vitae) Capability.
>Omnibus Sworn Statement 3.Plan of
Approach)
Financial >Financial Proposal Forms (FPF !-6) Subject to If HRRB,
Proposal 1. Cover Letter, 2. Summary of Costs, Re- whichever is
Documents 3. Price per Activity, 4. Remuneration Calculation lower is CP
Cost per Activity, 5. Reimbursable Cost (Subm.93BP
per Actiivity, 6. Miscellaneous Expenses or Calc. BP)
Evaluation of Bids (QBE)
Within 3 calendar days from the approval of the
HoPE of the ranking , notify and invite the HRB
for the opening of its Financial Proposal and
compute for the calculated/evaluated bid price.
Then negotiate with the said consultant.

• Contents of the Financial Proposal (FPFs 1-6):


1. Remuneration cost indicating basic salary,
overhead cost, social charges, management fee
and billing rate
2. Reimbursable cost
3. Other items as may be required in the Bidding
Documents
ABC – PhP 3,000,000.00
Financial Proposal
Bidder QBE Submitted Evaluated Negotiated
Rank Bid Bid Price
Amount Amount
W 1 2,800,000 2,650,000 No Nego. Price
X 2
V 3
Z 4
Y 5
The Contract Price is whichever is the lower amount (PhP 2,650,000).
ABC – PhP 3,000,000.00
Financial Proposal
Bidder QBE Submitted Evaluated Negotiated
Rank Bid Bid Price
Amount Amount
W 1 2,800,000 2,910,000 No Nego. Price
X 2
V 3
Z 4
Y 5
The Contract Price is whichever is the lower amount (PhP 2,800,000).
Evaluation of Bids (QBE)

Financial Negotiations
• Review of Remuneration Rates
– Salary
– Bonus
– Social Costs
– Cost of Leave
– Overheads
– Fee or Profit
– Away from Headquarters Allowance
– Subsistence Allowances
• Reimbursables
• Bank Guarantee
ABC – PhP 3,000,000.00
Financial Proposal
Bidder QBE Submitted Evaluated Negotiated
Rank Bid Bid Price
Amount Amount
W 1 2,800,000 2,650,000 2,600,000
X 2
V 3
Z 4
Y 5
The Contract Price is whichever is the lowest amount (PhP 2,600,000).
Negotiation
• Negotiation shall cover:
1. Discussion and clarification of the TOR
2. Discussion and finalization of the methodology and work
program
3. Consideration of the qualifications of personnel and their
compensation
4. Discussion on the facilities and data to be provided by
the procuring entity
5. Discussion of the Financial Proposal (not applicable for
QCBE)
6. Provisions of the ensuing Contract

• Except for meritorious reasons, negotiations


with any 1 consultant should be done within 10
c.d.
Negotiation

• No substitution during contract negotiations

• No replacement after contract award until 50% of


personnel man – months have been served

• Shall include clarification of the firm’s tax liability


in the Philippines

• For QBE, financial negotiations shall be


undertaken
QBE
• Upon the • After positive determination
completion of of the statements/
the information in the Eligibility
negotiation,
within 5
Documents, Technical
calendar days Documents and additional
from the documents during Post
receipt of the Qualification,
notice of the recommend the
HRB, the HRB award to the Highest
shall submit Rated and
the additional
documents.
Responsive Bidder
(HRRB).
Sec. 34.2.

Within five (5) 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 to the BAC: its
latest income and business tax returns,
and other appropriate licenses and
permits required by law and stated in
the Bidding Documents.
ABC – PhP 3,000,000.00
Financial Proposal
Bidder QBE Submitted Evaluated Negotiated
Rank Bid Bid Price
Amount Amount
Did not submit Forfeit Bid
W 1 Add’l Docs. Security

X 2 2,700,000 2,670,000 No Nego.


Price
V 3
Z 4
Y 5
The Contract Price is whichever is the lower amount (PhP 2,670,000).
ABC – PhP 3,000,000.00
Financial Proposal
Bidder QBE Submitted Evaluated Negotiated
Rank Bid Bid Price
Amount Amount
Did not submit Forfeit Bid
W 1 Add’l Docs. Security

X 2 2,700,000 2,720,000 No Nego.


Price
V 3
Z 4
Y 5
The Contract Price is whichever is the lower amount (PhP 2,700,000).
ABC – PhP 3,000,000.00
Financial Proposal
Bidder QBE Submitted Evaluated Negotiated
Rank Bid Bid Price
Amount Amount
Did not submit Forfeit Bid
W 1 Add’l Docs. Security
Did not submit Forfeit Bid
X 2 Add’l Docs. Security

V 3 2,600,000 2,620,000 2,550,000

Z 4
Y 5
The Contract Price is whichever is the lowest amount (PhP 2,550,000).
Evaluation of Bids
• Prohibition on communication w/ bidders until
award of contract
• Bid Evaluation shall not be more than 21 c.d.
• BAC shall disqualify a consultant if:
– It provides for a required item but does not
indicate a price for its, but if it specifies a
“0” or dash for an item, this would mean it
is being offered for free
– Its corrected price exceeds the ABC
Procedural Steps for Procurement
of Consulting Services
Quality-Cost Based Evaluation
Submission of Opening of
Pre-Procurement Advertisement Eligibility Eligibility Env.,
Conf. w/in 7 c.d. Requirements
Eligibility Check

1 c.d. 1 c.d.

Submission Opening of
Tech. Opening of at least 12 c.d.
Pre-Bid
of Proposal Financial Shortlisting
Proposals & Prel. Proposal Conference Within 20 c.d.
Exam.
Issue the Bidding
Documents
Submission of
Award of
Add’l Docs.
Evaluation Negotiation Within 5 c.d.
Contract to HRRB
within 10 c.d. Within 15 c.d.
& Ranking
Post- Notice to
not more
than 21 c.d. qualification Proceed
Not more 12 c.d. (from HRB) Within 7 c.d.
Evaluation of Bids (QCBE)
Quality - Cost Based Evaluation

Ranking is based both on the Technical


and Financial Proposals

– Technical and Financial


proposals are given
corresponding weights
– The weights of both the Technical
and financial criteria may be
determined in the pre-bid
conference, and together should
be equivalent to 100%
Evaluation of Bids (QCBE)

– Ranking is based both on the Technical


and Financial Proposals
– Technical and Financial proposals shall
be given corresponding weights
– Financial proposal shall be given
weights of 15% up to maximum of 40%
Evaluation of Bids (QCBE)
• Opening of Technical
Proposals (TPs)

– Firms whose TPs did


not meet the minimum
qualifying score will
have their financial
proposals (FPs)
returned unopened
Evaluation of Bids (QBE)

• Example of Bases of Technical Evaluation:


– Quality of Personnel - 10%
– Experience and Capability of the Consultant - 30%
– Plan of Approach and Methodology - 60%

• Note: The BAC shall assign numerical weights


to each of the above criteria indicated in the
bidding documents
(QCBE)
Technical (Quality) Proposal Rating, Individually

EVALUATOR FIRM Q FIRM R FIRM S FIRM T FIRM U

A 84 83 85 89 84
B 82 81 82 84 88
C 84 79 84 84 86
D 82 79 82 83 85
E 83 80 83 84 87
AVERAGE
(5E)
83.0 80.4 83.2 84.8 86.0
(QCBE)
Technical (Quality) Proposal Rating, Individually
EVALUATOR FIRM Q FIRM R FIRM S FIRM T FIRM U

A 84 83 85 89 84
B 82 81 82 84 88
C 84 79 84 84 86
D 82 79 82 83 85
E 83 80 83 84 87
AVERAGE
(5E)
83.0 80.4 83.2 84.8 86.0
AVERAGE
(3E)
83.0 80.0 83.0 84.0 86.0
Sec. 33.2.3. In order to eliminate bias in evaluating the technical proposals, it is
recommended that the highest and lowest scores for each consultant shall not
be considered in determining the average scores of the consultants, except
when the evaluation is conducted in a collegial manner.
(QCBE)

FIRM TECHNICAL FINANCIAL FINAL RANK


SCORE SCORE
(75%) (25%) SCORE

Q 83

R 80

S 83

T 84

U 86
Evaluation of Bids (QCBE)
• Opening of Financial Proposals (FPs)
– Only firms whose TPs pass the
minimum score or meet the
qualifying score shall be invited to
the opening of FPs
– Names of firm, qualifying scores
and prices of FPs are read aloud
and recorded
Evaluation of Financial
Proposals (QCBE)
• Unless otherwise indicated in the BDS, the
Financial Proposal shall not exceed the ABC

• Where special tax privileges are granted, the


amount of such tax privileges shall be
included in the FP for purposes of
comparative evaluation of proposals

• The financial scores shall be computed as


follows:
SF = 100 x FL/F
Financial Proposal
ABC = P1,500,000
Bidder Submitted Total
/ Firm Bid Price Calculated
Bid Price
Q P1,100,000 P1,000,000

R 1,050,000 1,100,000

S 1,200,000 1,200,000

T 1,150,000 1,300,000

U 1,400,000 1,400,000
117
Evaluation of Financial
Proposals (QCBE)
• The financial scores shall be computed as
follows:
SF = 100 x FL/F

Where:
SF - financial score of the FP
under consideration
FL - price of the lowest
financial proposal
F - price of the financial
proposal under consideration
Evaluation of Financial
Proposals (QCBE)
• Lowest financial proposal is given 100 points
• Other financial proposals are scored as follows:
FL (lowest financial proposal)
F (financial proposal under consideration)
Example:
Q- S-
P 1.0 million P 1.0 million 83 points
100 points
P 1.0 million P 1.2 million
R- T-
P 1.0 million P 1.0 million 77 points
91 points
P 1.1 million P 1.3 million
(QCBE) Financial (Cost) Proposal Rating, Individually
FIRM TECHNICAL FINANCIAL FINAL RANK
SCORE SCORE
(75%) (25%) SCORE

Q 100

R 91

S 83

T 77

U 71
Evaluation of Technical and
Financial Proposals (QCBE)

S = St x T% + Sf x F%

Where S is the total combined scores of the


TP and FP

• The proposal shall be ranked according to their


combined technical and financial scores using
the weights indicated in the BDS.
(QCBE)

FIRM TECHNICAL FINANCIAL FINAL RANK


SCORE SCORE
(75%) (25%) SCORE

Q 83 100

R 80 91

S 83 83

T 84 77

U 86 71
(QCBE)

FIRM TECHNICAL FINANCIAL FINAL RANK


SCORE SCORE
(75%) (25%) SCORE
Q 83 x .75 100 x .25
= 62.25 = 25 87.25 1 HRB
R 80 x .75 = 91 x .25
60.30 = 22.75 82.75 3
S 83 x .75 = 83 x .25
62.25 = 20.75 83.00 2
T 84 x .75 = 77 x .25
63.00 = 19.25 82.25 4/5
U 86 x .75 = 71 x .25
64.50 = 17.75 82.25 4/5
Financial Proposal
ABC = P1,500,000
Bidder Submitted Total QCBE
/ Firm Bid Price Calculated
Bid Price Rank
Q P1,100,000 P1,000,000 1

R 1,050,000 1,100,000 3

S 1,200,000 1,200,000 2
T 1,150,000 1,300,000
4/5
U 1,400,000 1,400,000
4124
/5
The Contract Price in the BAC Resolution for Award
is whichever is the lower amount.
Consulting Contents of the Sealed Remarks
Services Envelope
Eligibility >SEC, DTI or CDA Cert. of Registration Subject to Subject to
Requirements >Mayor,s Permit Short Post
>Tax Celarance Listing Qualification
>GEPS Cert. of Registration (Ratings) if HRB

Technical >BSD or Bid Security Subject to Subject to


Proposal >List of On-going & Completed Projects Technical Post
Documents >Organizational Chart Evaluation Qualification
(Ratings–
>List of Personnel if HRB
1.Quality of
>Work Plan (Bar Chart) and Personnel,
Methodology 2.Experien
>Terms of Reference (TPF 1 – 8, ce &
including Curriculum Vitae) Capability.
>Omnibus Sworn Statement 3.Plan of
Approach)
Financial >Financial Proposal Forms (FPF !-6) Subject to If HRRB,
Proposal 1. Cover Letter, 2. Summary of Costs, Re- whichever is
Documents 3. Price per Activity, 4. Remuneration Calculation lower is CP
Cost per Activity, 5. Reimbursable Cost (Subm.125BP
per Actiivity, 6. Miscellaneous Expenses or Calc. BP)
Evaluation of Bids

• Prohibition on communication w/ bidders until


award of contract
• Bid Evaluation shall not be more than 21 c.d.
• BAC shall disqualify a consultant if:
– It provides for a required item but does not
indicate a price for its, but if it specifies a
“0” or dash for an item, this would mean it
is being offered for free
– Its corrected price exceeds the ABC
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids

8. Negotiate with the


Consultant with the
Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Negotiation
• Negotiation shall cover:
1. Discussion and clarification of the TOR
2. Discussion and finalization of the methodology and work
program
3. Consideration of the qualifications of personnel and their
compensation
4. Discussion on the facilities and data to be provided by
the procuring entity
5. Discussion of the Financial Proposal (not applicable for
QCBE)
6. Provisions of the ensuing Contract

• Except for meritorious reasons, negotiations


with any 1 consultant should be done within 10
c.d.
Negotiation

• No substitution during contract negotiations

• No replacement after contract award until 50% of


personnel man – months have been served

• Shall include clarification of the firm’s tax liability


in the Philippines

• For QCBE, no financial negotiations shall be


undertaken
Sec. 34.2.

Within five (5) 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 to the BAC: its
latest income and business tax returns,
and other appropriate licenses and
permits required by law and stated in
the Bidding Documents.
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid

9. Post-qualify the Highest


Rated Bidder
10. Award the Contract to the HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Post-Qualification
• To determine whether bidder with HRB
complies with and is responsive to all
requirements and conditions of eligibility and
the bidding of the contract – to be declared the
Highest Rated and Responsive Bid (HRRB)
• A non-discretionary criteria shall be used to
“Verify, Validate and Ascertain” all statements
and documents
• To be accomplished within 12 calendar days
from determination of HRB (Sec. 34.8)
Post-Qualification
• Post-Qualification Criteria:
Eligibility Documents:
1. Legal Requirements – SEC/DTI/CDA registration,
Mayor’s Permit, Tax Clearance and PhilGEPS
Certificate of Registration
2. Technical Requirements – Lists of all on-going
similar & not similar and of completed similar
contracts. Also includes the competence and
experience of its key personnel, and their
nationalities & professional licenses
3. Financial Requirement – Audited financial
statements
Post-Qualification
• Post-Qualification Criteria:
Documents in the Technical Proposal
Bid Security or Bid Securing Declaration
Key Manpower / Personnel complement
in the Organizational Chart
Work plan / Methodology
Omnibus Sworn Statement
Submitted Additional Documents
Latest Income and Business Tax Returns
Other Licenses and Permits, if applicable
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder

10.Award the Contract to the


HRRB
11. Have the Contract Signed and Approved and Issue the Notice
to Proceed
Award of Contract
• The contract shall be awarded to the bidder
with the HRRB at its submitted price or
calculated price, whichever is lower. In the case
of QBE, the award shall be based on the
negotiated price or submitted price, whichever
is lower
• Notice of Award should be issued by Head of
Procuring Entity within fifteen (15) calendar
days from date of determination of HRRB (20
c.d. for NGAs’ higher authority approval
/disapproval or 30 c.d. for GOCCs board
approval /disapproval, Sec. 37.3 )
• Duration from opening of bids to award of
contract shall not to exceed 120 calendar days
Financial Proposal
ABC = P1,500,000
Bidder Submitted Total QCBE
/ Firm Bid Price Calculated
Bid Price Rank
Q P1,100,000 P1,000,000 1

R 1,050,000 1,100,000 3

S 1,200,000 1,200,000 2
T 1,150,000 1,300,000
4/5
U 1,400,000 1,400,000
4142
/5
The Contract Price in the BAC Resolution for Award
is whichever is the lower amount.
Revised IRR Highlights
• Notice of Award (Sec. 37)

– Conditioned on the following:


• If joint venture, submission of JVA
• If foreign-funded and stated in treaty, international
or executive agreement, PCAB License
• Posting of Performance Security
• Signing of Contract
• If required, approvals by higher authority
Single Rated and
Responsive Bid
• A Single Rated and Responsive Bid shall be
considered for award if:
1. After advertisement only 1 submits an EOI
and/or applies for eligibility
2. More than 1 submits an EOI and/or applies
for eligibility and submits but only 1 meets
the requirements
3. More than 1 meets the eligibility
requirements but only 1 submits a bid
• ABC should reflect most advantageous
prevailing price for the Government
Procedural Steps for Procurement
of Consulting Services – Public Bidding
1. Advertise and Post a Request for Expression of Interest
2. Accept the Submission of Eligibility Documents Envelope
and Conduct Eligibility Check
3. Short list the Eligible Bidders
4. Issue the Bidding Documents
5. Call A Pre-Bid Conference and, if necessary, Issue
Supplemental/Bid Bulletins
6. Receive and Open the Technical and Financial Envelopes
7. Evaluate the Bids
8. Negotiate with the Consultant with the Highest Rated Bid
9. Post-qualify the Highest Rated Bidder
10. Award the Contract to the HRRB

11.Have the Contract Signed


and Approved and Issue the
Notice to Proceed
Contract Signing, Approval
and Notice to Proceed
• Both parties must sign the contract within 10 c.d.
from receipt by the winning bidder of the Notice of
Award
• If further approval of a higher authority is required
after contract signing, period of 20 c.d. (30 c.d. for
GOCCs and GFIs) is given to approve or
disapprove it. Otherwise it shall be deemed
approved
• Notice to Proceed should be issued together with a
copy of the approved contract within 7 c.d. from
date of approval of the contract
Reservation Clause
• Procuring Entity reserves the right to reject any
and all bids, or not to award the contract.
Grounds:
– Prima facie evidence of collusion
– BAC failed to follow prescribed bidding
procedures (w/out prejudice to applicable
sanctions)
– Justifiable/Reasonable ground where
contract will not redound to the benefit of
the Government
Reservation Clause
• Justifiable/Reasonable grounds where contract will
not redound to the benefit of the Government:

1. Physical & economic conditions have


significantly changed so that project is no
longer economically, financially or technically
feasible (as determined by Head of Procuring
Entity)
2. Project is no longer necessary (as determined
by Head of Procuring Entity)
3. Source of funds has been withheld or reduced
through no fault of the Procuring Entity
Performance Security
Form of Performance Security Amount of Performance
Security
(Equal to Percentage of the
Total Contract Price)
a) Cash or cashier’s/manager’s check issued by a
Universal or Commercial Bank,

b) Bank draft/guarantee or irrevocable letter of credit Five percent (5%)


issued by a Universal or Commercial Bank:
Provided, however, that it shall be confirmed or
authenticated by a Universal or Commercial Bank, if
issued by a foreign bank,
c) Surety bond callable upon demand issued by a
surety or insurance company duly certified by the Thirty percent (30%)
Insurance Commission as authorized to issue such
security, and/or
RECOMMENDED EARLIEST POSSIBLE TIME AND MAXIMUM PERIOD
ALLOWED FOR THE PROCUREMENT OF CONSULTING SERVICES

Minimum Operational Maximum Operational


Sect Procurement Calendar Days Timeline Calendar Timeline
ion Activity Recommended (Recommen Days (Maximum Conditions / Remarks
for Activity ded Earliest Allowed Period
Possible for Allowed)
Time) Activity
20 Pre- Day 0 Whenever 0 Optional for ABC of PhP 1,000,000.00
Procurement necessary. and below
Conference
21.2.1 Advertisement / 7 CDs Day 1 to 7 7 CDs Day 1 to 7 Start of Availability of Bidding
Posting of Documents
Request for
Expression of
Interest
24.5.4 Eligibility Check 1 CD Day 8 20 CDs Day 8 to 27
and Shortlisting
22.2 Pre-Bid 1 CD Day 15 Whenever Day 34 to 70 > Optional for ABC below
Conference necessary. PhP 1,000,000.00 > Not Earlier than
7 CDs from Advertisement / Posting
> 12 CDs before Deadline of
Submission and Receipt of Bids
25.5 Deadline of 1 CD Day 27 75 CDs Day 82 Last Day of Availability of Bidding
Submission and Documents
Receipt of Bids /
Bid Opening
32.4 Bid Evaluation 1 CD Day 28 21 CDs Day 83 to
103
33.2.1 Approval of 1 CD Day 29 2 CDs Day 104 to
Ranking by the 105
HoPE
RECOMMENDED EARLIEST POSSIBLE TIME AND MAXIMUM PERIOD
ALLOWED FOR THE PROCUREMENT OF CONSULTING SERVICES

Minimum Operational Maximum Operational


Calendar Days Timeline Calendar Timeline
Sect Procurement Recommended (Recommen Days (Maximum Conditions / Remarks
ion Activity for Activity ded Earliest Allowed Period
Possible for Allowed)
Time) Activity

33.2. Notification for 1 CD Day 30 3 CDs Day 106 to


1 Negotiation 108
33.2. Negotiation 1 CD Day 31 10 CDs Day 109 to
5 118
34.8 Post-Qualification 2 CDs Day 32 to 33 30 CDs Day 119 to The bidder must submit all Post-
148 Qualification Requirements within 5
CDs from receipt of notice as bidder
with LCB in accordance with Sec.
34.2.
37.1. Approval of 1 CD Day 34 15 CDs Day 149 to
2 Resolution/Issuan 163
ce of Notice of
Award
37.2. Contract 1 CD Day 35 20 or 30 Day 164 to
1 Preparation and CDs 173
Signing
37.3 Approval of 1CD 20 or 30 If necessary.
contract by higher CDs
authority
37.4. Issuance of Notice 1 CD Day 36 7 CDs Day 174 to
1 to Proceed 180
TOTAL TIME 36 CDs 180 CDs Excluding Approval of Higher
Authority, if applicable.
Procedures for the
Procurement of Consulting
Services

Alternative Methods of
Procurement
Alternative Methods of Procurement

• Limited Source
Bidding
• Direct Contracting
• Repeat Order
• Shopping
• Negotiated
Procurement

153
Alternative Methods of Procurement
IRR Section Goods/Services Infrastructure Consulting
Projects Services
49. Limited / X /
Source Bidding

50. Direct / X X
Contracting
51. Repeat / X X
Order
52. Shopping / X X

53. Negotiated 1, 2, 3, 5, 6, 8, 9, 1, 2, 3, 4, 5, 6, 1, 2, 3, 4, 5, 6,
Procurement 10, 11,12 &13 8, 9, 11, 12 & 13 7, 8, 9, 11 & 13
(numbers indicate (numbers indicate (numbers indicate
sub-sections which sub-sections which sub-sections which
are applicable) are applicable) are applicable)
Limited Source Bidding
(Selective Bidding)
• Issuance of a direct invitation to bid by Procuring
Entity to a set of pre-selected consultants with:
– known experience and
– proven capability on the requirements of the
contract
• used to procure highly-specialized types of consulting
services, as determined by the Procuring Entity,
where only a few consultants are known to be
available
• There should be a list maintained by the relevant
government authority, submitted to GPPB and posted
in the G-EPS
• Bid, Performance and Warranty Securities are
required
Negotiated Procurement (Sec. 53) is a method of
procurement of goods, infrastructure projects and
consulting services, whereby the PE directly
negotiates a contract with a LTF capable supplier,
contractor or consultant in any of the following cases:
1. Two-failed Biddings. There has been a second
failure of public bidding

156
FAILURE OF BIDDING (Section 35)

 The BAC shall conduct a mandatory review and evaluation of the


terms, conditions, and specifications in the Bidding Documents, including
its cost estimates.
 Based on its findings, the BAC shall revise the terms, conditions, and
specifications, and if necessary, adjust the ABC, subject to the
required approvals, and
 Conduct a rebidding with re-advertisement and/or posting, as
provided for in Section 21.2 of the IRR.

 All bidders who have initially responded to the Request for Expression of
Interest and have been declared eligible or short listed in the previous
biddings shall be allowed to submit new bids.

 The BAC shall observe the same process and set the new periods
according to the same rules followed during the previous bidding(s).

 Should there occur a second failure of bidding, the Procuring Entity


may resort to negotiated procurement, as provided for in Section 53.1
of the IRR.
Negotiated Procurement (Sec. 53) is a method of
procurement of goods, infrastructure projects and
consulting services, whereby the PE directly
negotiates a contract with a LTF capable supplier,
contractor or consultant in any of the following cases:
1. Two-failed Biddings. There has been a second
failure of public bidding
2. Emergency Cases. There exists imminent
danger to life or property during a state of
calamity, or when time is of the essence arising
from actual or man-made calamities
3. Take-Over of Contracts. A contract has been
rescinded or terminated for causes provided for
in the contract and existing laws, and the PE
decides to take over, infrastructure facilities and
other public utilities 158
4. Adjacent or contiguous. Where the subject contract is adjacent or
contiguous to an ongoing Infrastructure Project or Consulting Service
where the consultants have unique experience and expertise to deliver
the required service, subject to the following conditions:
i. Original contract is the result of a Competitive Bidding;
ii. Subject contract to be negotiated has similar or related scopes of work;
iii. It is within the contracting capacity of the contractor/consultant
considering the legal, technical ( e.g. , PCAB license, SLCC) and
financial ( e.g. , NFCC for the contiguous project) requirements for
eligibility;
iv. In determining the SLCC, NFCC and PCAB license, the sum of the value
of the remaining works for the existing contract and the ABC of the
contiguous or adjacent work shall be considered;
v. The contractor/consultant uses the same prices or lower unit prices as in
the original contract less mobilization cost;
vi. The ABC of the contiguous or adjacent work involved does not exceed
the contract amount of the ongoing project;
vii. The contractor/consultant has no negative slippage/delay in the original
contract during the time of negotiation; and
viii. Negotiations for the procurement are commenced before the expiry of
the original contract.
Negotiated Procurement (Sec. 53)

5. Agency-to-Agency. Procurement of
infrastructure projects consulting service and
goods from another agency of the Government
except in the case of GOCCs incorporated
under Batas Pambansa Blg. 168

6. Scientific, Scholarly or Artistic Work, Exclusive


Technology and Media Services

160
53.6. Scientific, Scholarly or Artistic Work, Exclusive Technology and
Media Services. Where Goods, Infrastructure Projects and Consulting
Services can be contracted to a particular supplier, contractor or consultant
and as determined by the HoPE, for any of the following:
1. The requirement is for:
a. Work of art; commissioned work or services of an artist for a specific
artist skills ( e.g. , Singer, poet, writer, painter, sculptor, etc.);
b. Scientific, academic, scholarly work or research, or legal services;
c. Highly-specialized life-saving medical equipment, as certified by the
Department of Health (DOH);
d. Scientific, technical, economic, business, trade or legal journal,
magazine, paper, subscription, or other exclusive statistical
publications and references; or
e. Media documentation, advertisement, or announcement through
television, radio, newspaper, internet, and other communication
media.
Due to the nature of the information to be disseminated, alongside principles
of transparency, efficiency and economy, award to more than one (1)
supplier may be made by the Procuring Entity.
2. The construction or installation of an infrastructure facility where the
material, equipment, or technology under a proprietary right can only be
obtained from the same contractor.
Negotiated Procurement (Sec. 53)

7. Highly Technical Consultants.


i) highly technical or proprietary or
ii) primarily confidential or policy
determining, where trust and confidence are
the primary consideration
8. Defense Cooperation Agreement. Upon approval
of the President, and the DND Secretary has
determined that the interests of the country shall be
protected by the negotiating directly with and agency
or instrumentality of another country.
9. Small Value Procurement. Where the procurement
does not fall under Shopping and the amount
involved does not exceed the thresholds
prescribed in Annex “H”.
162
SHOPPING / SMALL VALUE PROCUREMENT

b) Procurement of ordinary or regular office supplies and equipment not


available in the DBM-PS, in the amount not to exceed the following:

i. For NGAs, GOCCs, GFIs, SUCs, and Autonomous Regional


Government, One Million Pesos ( 1,000,000)

ii. For LGUs, in accordance with the following schedule:

DOF Classification of LGUs Maximum Amount (in Philippine Peso)

Province City Municipality

1st Class 1,000,000 1,000,000 200,000


2nd Class 1,000,000 1,000,000 200,000
3rd Class 1,000,000 800,000 200,000
4th Class 800,000 600,000 100,000
5th Class 600,000 400,000 100,000
6th Class 400,000 200,000 100,000

In the case of barangays , Fifty Thousand Pesos ( 50,000).


Procedure on Small Value Procurement:

i. The End-User shall submit a request for SVP to the BAC, which
indicates the technical specifications, scope of work, terms of
reference, ABC and other terms and conditions.

ii. The BAC shall prepare and send the RFQs/RFPs to at least three (3)
suppliers, contractors or consultants of known qualifications. This,
notwithstanding, those who responded through any of the required
postings shall be allowed to participate. Receipt of at least one (1)
quotation is sufficient to proceed with the evaluation thereof.

iii. Except for those with ABCs equal to Fifty Thousand Pesos
(50,000.00) and below, RFQs shall be posted for a period of three
(3) calendar days in the PhilGEPS website, website of the
Procuring Entity, if available, and at any conspicuous place
reserved for this purpose in the premises of the Procuring Entity.
Procedure on Small Value Procurement:
iv. Pre-bid conference may be conducted at the discretion of the
BAC, in order to clarify and/or explain any of the
requirements, terms, conditions, and specifications stipulated
in the RFQ/RFP.

v. After the deadline for submission of quotations/proposals, an


Abstract of Quotations/Ratings shall be prepared setting forth
the names of those who responded to the RFQ/RFP, their
corresponding price quotations/ratings.

vi. The BAC shall recommend to the HOPE the award of


contract in favor of the supplier or contractor with the Single
or Lowest Calculated and Responsive Quotation (for goods
or infrastructure projects), or consultant with the Single or
Highest Rated and Responsive Proposal (for consulting
services). In case of approval, the HOPE shall immediately
enter into contract with the said supplier, contractor or
consultant.
Section 53. Negotiated Procurement
13. United Nations Agencies, International
Organizations or International Financing Institutions
- Procurement from specialized agencies of the United
Nations, International Organizations or International
Financing Institutions, of any of the following:
- (a) small quantities of off-the-shelf goods, primarily in
the fields of education and health;
- (b) specialized products where the number of
suppliers is limited, such as but not limited to vaccines
or drugs; or
- (c) Goods, Infrastructure Projects and Consulting
Services, involving advanced technologies,
techniques and innovations not locally available as
certified by the HoPE, when it is most advantageous to the
government
The Bids And Awards Committee (BAC) shall have the following
functions:
1. advertise and/or post the invitation to bid/request for expressions of interest;
2. conduct pre-procurement and pre-bid conferences;
3. determine the eligibility of prospective bidders;
4. receive and open bids;
5. conduct the evaluation of bids;
6. undertake post-qualification proceedings;
7. resolve requests for reconsideration;
8. recommend award of contracts to the HoPE or his duly authorized
representative:
9. recommend the imposition of sanctions in accordance with Rule XXIII;
10. recommend to the HoPE the use of Alternative Methods of Procurement as
provided in Rule XVI hereof;
11.conduct any of the Alternative Methods of
Procurement;
12. conduct periodic assessment of the procurement processes and procedures to
streamline procurement activities pursuant to Section 3(c) of the IRR; and
13. perform such other related functions as may be necessary, including the
creation of a Technical Working Group (TWG)
DELEGATION OF AUTHORITY
( 2016 Revised IRR )

The conduct of Shopping and Negotiated


Procurement under Emergency Cases, Small
Value Procurement and Lease of Real Property
and Venue may be delegated to the End-user or
any other appropriate bureau, committee or
support unit duly authorized by the BAC through a
Resolution approved by the HOPE.
Alternative Methods of Procurement

Performance Security (PS)

and

Warranty Security (WS)


Alternative Method of Performance Security Warranty Security
Procurement (PS) (WS)

Limited Source Bidding / For highly specialized


types of goods, WS is
required.
Direct Contracting X /
Repeat Order X /
Two Failed Biddings / /
In no case shall WS be
required in the
procurement of Consulting
Services.

Emergency Cases Procuring Entity may Procuring Entity may


. require PS depending require WS depending on
on the nature of the the nature of the
procurement project. procurement project. In no
However, for case shall WS be required
Infrastructure Projects, in the procurement of
PS is required. Consulting Services
Alternative Method Performance Warranty Security
of Procurement Security (PS) (WS)

Take-over of Contracts / /

Adjacent/Contiguous / For Infrastructure


Projects, WS is
required.

Small Value Procuring Entity may Procuring Entity may


Procurement require PS depending require WS depending
on the nature of the on the nature of the
procurement project. procurement project.
However, for In no case shall WS
Infrastructure Projects, be required in the
PS is required. procurement of
Consulting Services.
DECISION TREE FOR
ALTERNATIVE METHODS OF
PROCUREMENT
DECISION TREE FOR ALTERNATIVE MODES OF PROCUREMENT
Start

Yes Planned No PUBLIC


No ABC<Annex H No Emergency
? ? Case? BIDDING
Ye Yes
Regular Yes Available sYes
Office at PS? NEGOTIATE Yes No
Supplies? with PS Failure?
No No
Yes PUBLIC Award
DIRECT Proprietary? ABC<Annex H SHOPPING BIDDING
CONTRACTING Yes
No No 2nd
LIMITED Yes Highly Failure? No
SOURCE Specialized Yes
BIDDING ?
No
Highly
Technical / Yes
Confidential
?
No NEGOTIATED
adjacent PROCUREMENT
to bid project Yes
?
No
PUBLIC BIDDING Additional
REPEAT ORDER
Requireme
nt?
Our worth is not determined by
what we have
but by what we do with what
we have.

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