4PBDs Goods + Infra.01262017 GPPB Kyla After May 9 2019 ADO

PHILIPPINE BIDDING
DOCUMENTS (PBDs)
GOODS AND INFRASTRUCTURE PROJECTS
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PURPOSE OF PBDs
 Scope of work, Approved Budget for the Contract (ABC),

duration, goods/services/outputs of the contract
 Minimum legal, technical and financial requirements to
be eligible to bid.
 Documents and other requirements that bidder must
include in his bid.
 Process and rules for: submission and receipt of bids,
evaluation of bids, post-qualification, and award of
contract.
 Terms and conditions of contract.
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2016 IRR AMENDMENTS
Sec. 17.2, 2016 Revised IRR, RA 9184

• The specifications and other terms in the Bidding
Documents shall reflect the minimum requirements or
necessary specifications required to meet the needs of
the Procuring Entity in clear and unambiguous
terms.
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2016 IRR AMENDMENTS

• In mixed procurements, the PE shall specify the following
in the PBDs the requirements, criteria and other
conditions of the bidding procedures and of the ensuing
contract as applicable to each component of the
project. In the preparation of PBDs, the PE shall ensure
compliance with existing laws, rules and regulations,
especially those concerning licenses and permits
required for the project.
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2016 IRR AMENDMENTS
Detailed Engineering for the Procurement of Infrastructure
Projects
• In case of projects with pending acquisition of right-of-
way site or location, the procurement process may
commence, but no award of contract shall be made
until any of the following is satisfied:
1. Issuance of an authority or permit to enter by the
property owner;
2. Execution of a notarized deed of sale or deed of
donation in favor of the government; or
3. Issuance of a writ of possession by a court of
competent jurisdiction.
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2016 IRR AMENDMENTS
“Sec. 22.4., 2016 IRR
The minutes of the pre-bid conference shall be recorded
and prepared not later than five (5) calendar days after the
pre-bid conference, and shall be made available to
prospective bidders not later than five (5) days upon
written request. The minutes of the pre-bid conference
shall likewise be posted in the website of procuring
entities.
Decisions of the BAC amending any provision of the
Bidding Documents shall be issued in writing through a
Supplemental/Bid Bulletin at least seven (7) calendar
days before the deadline for the
submission and receipt of bids.”
GPPB Res. No. 03-2018; GPPB Cir. No. 02-2018

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2016 IRR AMENDMENTS
ITB 21. DEADLINE FOR SUBMISSION OF BIDS
(PBDs Goods and Infra)
The Bids must be received by the Procuring
Entity’s BAC at the address and on or before
the date and time indicated in the BDS. In case the
deadline for submission of bids falls on a non-
working day duly declared by the President,
Governor, Mayor, or other Government Official
authorized to make such declaration, the deadline
shall be the next working day.
GPPB Res. No. 36-2017
Please compare this with the next slide…the Speaker

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2016 IRR AMENDMENTS
DEADLINE FOR SUBMISSION OF BIDS, ETC.
(Sec. 38.2, 2016 Rev. IRR)
In case the deadline for each activity falls on a non-
working day (i.e. Saturday and Sunday), legal
holiday, special non-working holiday, or other non-
working days duly declared by the President,
Governor, Mayor or other Government Official
authorized to make such declaration, the deadline
shall be the next working day.
GPPB Res. 36-2017 dated November 7, 2017
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2016 IRR AMENDMENTS
DEADLINE FOR SUBMISSION OF BIDS, ETC.
(Sec. 38.2, 2016 Rev. IRR) [Non-Working Day Activities]
However, for purposes of expediency, economy, and
efficiency, as determined by the BAC, specific
procurement activities may be held on a Saturday,
Sunday, non-working day or holiday: provided,
that the BAC, Secretariat and TWG members shall
be available on such date, and the appropriate
supplemental/bid bulletin is issued and posted
pursuant to the posting requirements embodied in
Section 22.5.3 of this IRR.
(GPPB Res. No. 21-2017 dated May 30, 2017)
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2016 IRR AMENDMENTS
Retention Money and Warranty for Goods
GCC Clause 10.1. Payment (PBD Goods)
Ten percent (10%) Pursuant to Section 62.1 of the
Revised IRR of RA 9184, at least one percent (1%)
but not to exceed five percent (5%) of the amount
of each payment shall be retained by the Procuring
Entity to cover the Supplier’s warranty obligations
under this Contract as described in GCC Clause 17.
Note: The exact rate, e.g., 5%, shall be provided by
the BAC in the SCC Clause 10.1.
GPPB Res. Nos. 29-2017; and 30-2017
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2016 IRR AMENDMENTS
GCC Clause 17.3. Warranty (PBD Goods)
The obligation for the warranty shall be covered
by, at the Supplier’s option, either retention money
in an amount equivalent to at least one percent
(1%) but shall not exceed five percent (5%) of every
progress payment, or a special bank guarantee
equivalent to at least one percent (1%) but shall not
exceed five percent (5%) of the total Contract Price
or other such amount if so specified in the SCC.
Note: The exact rate, e.g., 5%, shall be provided by
the BAC in the SCC Clause 17.3.
GPPB Res. Nos. 29-2017; and 30-2017
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AVAILABILITY OF BIDDING
DOCUMENTS
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WHEN AVAILABLE?

WHEN ARE THE BIDDING DOCUMENTS MADE
AVAILABLE?
From the time the Invitation to Bid (IB) is first
advertised/posted until the Deadline for the
Submission and Receipt of Bids. (Sec. 17.3, IRR of RA
9184; NPM 14-2010)
RATIONALE:
To provide prospective bidders ample time to
examine the bidding documents and to prepare
their bids.
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2016 IRR AMENDMENTS
• “To provide prospective bidders ample time to
examine the Bidding Documents and to prepare
their respective bids, the concerned BAC shall make
the Bidding Documents available from the time the IB
is first advertised/posted until the deadline for the
submission and receipt of bids.”

• The PE shall post the complete Bidding Documents
at its website and the PhilGEPS website from the
time the IB is advertised (or posted).
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PREPARATION OF
BIDDING DOCUMENTS
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REMINDERS
 PBDs are to be used by all NGAs, GFIs, SUCs,
GOCCs and LGUs for fully domestically-funded
projects.
 PBDs are to be used in ADB, JICA and WB Projects
in case of National Competitive Bidding.
Under Section 6.2 of the IRR of RA 9184, once issued
by the GPPB, the use of PBDs shall be mandatory
upon all PEs.
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REMINDERS
• The provisions that are intended to be used

unchanged are the following:
 Section II. Instructions to Bidders (ITB) and

 Section IV. General Conditions of Contract (GCC)
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INVITATION TO BID (IB)
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PURPOSE
The Invitation to Bid provides information that

enables potential Bidders to decide whether to
participate in the procurement at hand.
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ESSENTIAL CONTENTS – Section 21, 2016 IRR
1. Name of the contract to be bid and a brief description;
2. ABC and Source of Funding;
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Invitation to Bid (Goods) – Para. 2

2. The GoP Agency, through its Bids and Awards Committee
(BAC), now invites bids for Supply and Delivery of Brand
New 4,570 Pairs Army Athletic Uniforms. Delivery of the
Goods is required within thirty (30) calendar days from
suppliers receipt of the NTP (Indicative Inclusive Dates of
Delivery: July 1 to 30, 2019). Bidders should have
completed, within five (5) 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.
*Refer to PBD Goods, Section III, BDS Clause 5.4

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3. General statement on the criteria to be adopted in
examination and evaluation of bids, post-qualification
and award of contract;
3. Bidding will be conducted through open competitive bidding
procedures using a non-discretionary “pass/fail” criterion as
specified in the 2016 Revised Implementing Rules and
Regulations (IRR) of Republic Act (RA) 9184, otherwise
known as the “Government Procurement Reform Act.”
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3. General statement on the criteria to be adopted in
examination and evaluation of bids, post-qualification
and award of contract;
Bidding is restricted to Filipino citizens/sole proprietorships;
partnerships, or organizations with at least sixty percent
(60%) interest or outstanding capital stock belonging to
citizens of the Philippines, and to citizens or organizations of a
country the laws or regulations of which grant similar rights
or privileges to Filipino citizens, pursuant to RA 5183.
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ESSENTIAL CONTENTS - Section 21, 2016 IRR
4. Period of availability of the Bid Docs, place where the
Bid Docs may be secured, website where the Bid Docs
may be downloaded and, where applicable, price of
the Bid Documents
5. A complete set of Bidding Documents may be acquired by
interested Bidders on May 10, 2019 during office hours up to
May 29, 2019, 2:00 p.m. from the BAC Secretariat, Rm. 1, 2nd
Flr., GoP Complex, Meralco Ave., Pasig City, and upon
payment of the applicable fee for the Bidding Documents,
pursuant to the latest Guidelines issued by the GPPB, in the
amount of PhP5,000.00.
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4. Period of availability of the Bid Docs, place where the
Bid Docs may be secured, website where the Bid Docs
may be downloaded and, where applicable, price of
the Bid Documents
5. 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:
www.gov.ph, provided that Bidders shall pay the
applicable fee for the Bidding Documents not later than the
submission of their bids.
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5. Date, time, place of the deadline for the submission and
receipt of bid requirements; conduct of pre-bid
conference, if any; submission and receipt of bids and
the opening of bids;
6. The deadline for the submission and receipt of bids
from the last day of posting of the Invitation to Bid

6. The GoP Agency, through its Bids and Awards
Committee (BAC), will hold a Pre-Bid Conference on May
17, 7:30 a.m., at Room 1, 2nd Floor, GoP Agency Complex,
Meralco Ave., Pasig City, which shall be open to
prospective bidders.
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from the last day of posting of the Invitation to Bid;

7. Bids must be duly received by the BAC Secretariat at
Room 1, 2nd Floor, GoP Agency Complex, Meralco Ave.,
Pasig City on or before May 29, 2:00 p.m.. All Bids must
be accompanied by a bid security in any of the acceptable
forms and in the amount stated in ITB Clause 18.
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from the last day of posting of the Invitation to Bid;

7. Bid opening shall be on May 29, 2:00 p.m. at Room 1, 2nd
Floor, GoP Agency Complex, Meralco Ave., Pasig City.
Bids will be opened in the presence of the bidders’
representatives who choose to attend the bid opening.
Late bids shall not be accepted.
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INSTRUCTION TO BIDDERS
(ITB)
NOTE: Section II contains provisions that

are to be used unchanged
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PURPOSE
Source: Notes on the ITB, PBD Goods and the PBD Infra
Provides the information necessary for Bidders to

prepare responsive bids, in accordance with the
requirements of the Procuring Entity. It also provides
information on bid submission, bid opening,
evaluation, post-qualification and, award of contract.
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ESSENTIAL CONTENTS
SCOPE OF BID (ITB Clause 1 in the BDS)

 Name of the Procuring Entity (PE)
 The name, identification, and number of lots
specific to the bidding
SOURCE OF FUNDS (ITB Clause 2 in the BDS)
CORRUPT, FRAUDULENT, COLLUSIVE, AND

COERCIVE, AND OBSTRUCTIVE PRACTICES
(ITB Clause 3)
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ESSENTIAL CONTENTS
CONFLICT OF INTEREST (ITB Clause 4)

The presence of a conflict of interest is a ground for
Bidders’ disqualification.
1. Controlling shareholders in common with

another Bidder;
2. Bidder receives/received any direct or indirect
subsidy;
3. Bidders have the same legal representatives;
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ESSENTIAL CONTENTS

The presence of a conflict of interest is a ground for
Bidders’ disqualification.
4. Bidder has a relationship, directly or through
third parties, that puts them in a position to have
access to information about or influence on the
bid of another bidder or influence the decision of
the Procuring Entity regarding the bidding
process.
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ESSENTIAL CONTENTS
5. Bidder submits more than one bid in this bidding

process. However, this does not limit the
participation of subcontractors in more than one
bid;
6. Bidder who participated as a consultant in the
preparation of the design or technical
specifications of the Goods and related services
that are the subject of the bid;
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ESSENTIAL CONTENTS
7. Bidder who lends, or temporarily seconds, its

personnel to firms or organizations which are
engaged in consulting services for the
preparation related to procurement for or
implementation of the project, if the personnel
would be involved in any capacity on the same
project.
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ESSENTIAL CONTENTS
Disclosure of Relations (ITB Clause 4.2)

…all Bids shall be accompanied by a sworn affidavit
of the Bidder that it is not related, by consanguinity
or affinity up to the 3rd civil degree, to the following:
1. Head of the Procuring Entity;
2. Members of the BAC, TWG and BAC Secretariat;
3. Head of the Project Management Office (PMO),
end-user unit or implementing unit; and
4. Project Consultants, if any.
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ESSENTIAL CONTENTS
Disclosure of Relations (ITB Clause 4.2) – 3rd Civil Degree

On the part of the Bidder, this Clause shall apply to the
following:
a. Bidder, if bidder is an individual/sole proprietor;
b. All its officers and members, if bidder is a Partnership;
c. All its officers, directors and controlling stockholders,
if bidder is a Corporation; and
d. All its officers, directors, and controlling shareholders
or members, if bidder is a Cooperative.
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ESSENTIAL CONTENTS
Disclosure of Relations (ITB Clause 4.2) – 3rd Civil Degree

On the part of the Bidder, this Clause shall apply to the
following: [In case of a Joint Venture]
e. Individual/Sole Proprietor; all officers and members
of Partnership; all officers, directors and controlling
stakeholders of Corporation; and all officers, directors,
and controlling shareholder or members of
Cooperative, as appropriate if bidder is a Joint
Venture.
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ESSENTIAL CONTENTS
1. WHO ARE ELIGIBLE BIDDERS? (ITB Clause 5)
2. WHAT ARE THE BIDDER’S RESPONSIBILITIES?
(Embodied in the Omnibus Sworn Statement)
(Refer also to: ITB Clause 6; ITB Clause 12; Bidding

Forms-Omnibus Sworn Statement)
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ESSENTIAL CONTENTS
Omnibus Sworn Statement
REPUBLIC OF THE PHILIPPINES ) S.S.
CITY/MUNICIPALITY OF ______ )
AFFIDAVIT
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing
at [Address of Affiant], after having been duly sworn in accordance with
law, do hereby depose and state that:
1. Select one, delete the other:
If a sole proprietorship: I am the sole proprietor or authorized
representative of [Name of Bidder] with office address at [address of
Bidder];
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ESSENTIAL CONTENTS
If a partnership, corporation, cooperative, or joint venture: I am the duly
authorized and designated representative of [Name of Bidder] with
office address at [address of Bidder];
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ESSENTIAL CONTENTS
If a sole proprietorship: As the owner and sole proprietor, or authorized
representative of [Name of Bidder], I have full power and authority to
do, execute and perform any and all acts necessary to participate,
submit the bid, and to sign and execute the ensuing contract for [Name
of the Project] of the [Name of the Procuring Entity], as shown in the
attached duly notarized Special Power of Attorney;
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ESSENTIAL CONTENTS
If a partnership, corporation, cooperative, or joint venture: I am granted
full power and authority to do, execute and perform any and all acts
necessary to participate, submit the bid, and to sign and execute the
ensuing contract for [Name of the Project] of the [Name of the
Procuring Entity], as shown in the attached [state title of attached
document showing proof of authorization (e.g., duly notarized
Secretary’s Certificate, Board/Partnership Resolution, or Special Power
of Attorney, whichever is applicable;)];
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ESSENTIAL CONTENTS
3. [Name of Bidder] is not “blacklisted” or barred from bidding by the
Government of the Philippines or any of its agencies, offices,
corporations, or Local Government Units, foreign government/ foreign
or international financing institution whose blacklisting
rules have been recognized by the Government Procurement Policy
Board;
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ESSENTIAL CONTENTS
4. Each of the documents submitted in satisfaction of the bidding
requirements is an authentic copy of the original, complete, and all
statements and information provided therein are true and correct;
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its
duly authorized representative(s) to verify all the documents submitted;
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ESSENTIAL CONTENTS
6. Select one, delete the rest:
If a sole proprietorship: The owner or sole proprietor is not related to
the Head of the Procuring Entity, members of the Bids and Awards
Committee (BAC), the Technical Working Group, and the BAC
Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the
third civil degree;
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ESSENTIAL CONTENTS
If a partnership or cooperative: None of the officers and members of
[Name of Bidder] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by
consanguinity or affinity up to the third civil degree;
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ESSENTIAL CONTENTS
If a corporation or joint venture: None of the officers, directors, and
controlling stockholders of [Name of Bidder] is related to the Head of
the Procuring Entity, members of the Bids and Awards Committee
(BAC), the Technical Working Group, and the BAC Secretariat, the
head of the Project Management Office or the end-user unit, and the
project consultants by consanguinity or affinity up to the third civil
degree;
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ESSENTIAL CONTENTS
7. [Name of Bidder] complies with existing labor laws and standards; and
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ESSENTIAL CONTENTS
8. [Name of Bidder] is aware of and has undertaken the following
responsibilities as a Bidder:
a) Carefully examine all of the Bidding Documents;
b) Acknowledge all conditions, local or otherwise, affecting the
implementation of the Contract;
c) Made an estimate of the facilities available and needed for the
contract to be bid, if any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name
of the Project].
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ESSENTIAL CONTENTS
9. [Name of Bidder] 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.
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of
___, 20__ at ____________, Philippines.
Bidder’s Representative/
Authorized Signatory
JURAT/NOTARY
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ESSENTIAL CONTENTS
IS SUBCONTRACTING ALLOWED OR NOT?
(ITB Clause 8)
• Procuring entity shall state in the Bid Data Sheet
(BDS) of their Bidding Documents whether
subcontracting is allowed or not allowed;
• The Bidding Documents shall specify portions of the
contract, which may be subcontracted (Generic
Procurement Manual Vol. 1 and Vol. 2;
• The subcontract shall not exceed 20% of the total
project cost for procurement goods; and 50% of the
total project cost for procurement of infrastructure
projects (Generic Procurement Manual Vol. 1 and Vol.
2;
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ESSENTIAL CONTENTS

(ITB Clause 8)
• Subcontracting shall not relieve the Bidder from any
liability or obligation;
• The Bidder may identify the subcontractor at any
stage of the bidding process or during contract
implementation;
• If Bidder opts to identify the subcontractor during
the bidding process, the Bidder shall submit, inside
Bidder’s technical component bid envelope, the
eligibility documents of the subcontractor required
in ITB Clause 12;
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ESSENTIAL CONTENTS
(ITB Clause 8)
• Subcontractors, identified during the bidding
process or contract implementation, must submit
the documentary requirements under ITB Clause
12 and comply with the eligibility criteria specified
in the Bidding Documents.
• If sub-contractor is ineligible, sub-contracting shall
be disallowed.
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ESSENTIAL CONTENTS
SCHEDULE AND VENUE OF BIDDING

ACTIVITIES
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ESSENTIAL CONTENTS
SCHEDULE AND VENUE OF BIDDING ACTIVITIES:

A. Invitation to Bid
1. Availability or issuance of the Bidding Documents
2. Pre-bid Conference
3. Submission and Opening of Bids
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ESSENTIAL CONTENTS

B. Pre-Bid Conference
ITB Clause 9.1; BDS Clause 9.1
(a) If so specified in the BDS, a pre-bid conference
shall be held at the venue and on the date
indicated therein, to clarify and address the
Bidders’ questions on the technical and financial
components of this Project.
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ESSENTIAL CONTENTS
(b) The pre-bid conference shall be held at least
twelve (12) calendar days before the deadline for
the submission and receipt of bids, but not earlier
than seven (7) calendar days from the posting of
the invitation to bid/bidding documents in the
PhilGEPS website.
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ESSENTIAL CONTENTS
(b) …If the Procuring Entity determines that, by reason
of the method, nature, or complexity of the contract
to be bid, or when international participation will
be more advantageous to the GOP, 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, as specified in the BDS.
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ESSENTIAL CONTENTS
C. Submission of Bids
ITB Clause 21; BDS Clause 21
Bids must be received by the Procuring Entity’s
BAC at the address and on or before the date and
time indicated in the BDS. In case the deadline for
submission of bids falls on a non-working day duly
declared by the President, Governor, Mayor, or
other Government Official authorized to make such
declaration, the deadline shall be the next working
day. [Added thru GPPB Res. No. 36-2017 dated
November 7, 2017]
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ESSENTIAL CONTENTS
C. Opening of Bids
The BAC shall open the bids in public, immediately
after the deadline for the submission and receipt of
bids, as specified in the BDS.
In case the Bids cannot be opened as scheduled due
to justifiable reasons, the BAC shall take custody of
the Bids submitted and reschedule the opening of
Bids on the next working day or at the soonest
possible time through the issuance of a Notice of
Postponement to be posted in the PhilGEPS website
and the website of the Procuring Entity concerned.
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ESSENTIAL CONTENTS
CLARIFICATION AND AMENDMENT OF

BIDDING DOCUMENTS, IF ANY
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ESSENTIAL CONTENTS
CLARIFICATION… OF THE BIDDING DOCUMENTS
ITB Clause 10
10.1. Prospective bidders may request for clarification
on and/or interpretation of any part of the
Bidding Documents. Such request must be in
writing and submitted to the Procuring Entity at
the address indicated in the BDS at least ten (10)
calendar days before the deadline set for the
submission and receipt of Bids.
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ESSENTIAL CONTENTS
ITB Clause 10
10.2. The BAC shall respond to the said request by
issuing a Supplemental/Bid Bulletin, to be made
available to all those who have properly secured
the Bidding Documents, at least seven (7) calendar
days before the deadline for the submission and
receipt of Bids.
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ESSENTIAL CONTENTS
ITB Clause 10
10.3. Supplemental/Bid Bulletins may also be issued
upon the Procuring Entity’s initiative for purposes
of clarifying or modifying any provision of the
Bidding Documents not later than seven (7)
calendar days before the deadline for the
Submission and receipt of Bids.
Any modification to the Bidding Documents shall
be identified as an amendment.
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ESSENTIAL CONTENTS
ITB Clause 10
10.4. …Bid Bulletin issued… shall also be posted in the
PhilGEPS and the website of the Procuring Entity
concerned… and at any conspicuous place in the
premises of the Procuring Entity concerned.
… responsibility of all Bidders… to inquire and
secure… Bid Bulletins that may be issued by the BAC.
…Bidders who have submitted bids before the
issuance of…Bid Bulletin must be informed and
allowed to modify or withdraw their bids in
accordance with ITB Clause 23.
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ESSENTIAL CONTENTS
DOCUMENTS COMPRISING THE BID:
Eligibility Technical, Financial Components
PEs are proscribed from requiring additional
eligibility requirements (NPM 79-2013).
WHAT ARE ALTERNATIVE BIDS? ARE THESE

ALLOWED?
Alternative bid is an offer offer made by a Bidder in
addition or as a substitute to its original bid which
may be included as part of its original bid or
submitted separately therewith for purposes of
bidding.
NOTE: Alternative bids shall be rejected.

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ESSENTIAL CONTENTS
Eligibility, Technical, and Financial Components
PEs are proscribed from requiring additional

eligibility requirements (NPM 079-2013) and
other NPMs.
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EligibilityESSENTIAL
and TechnicalCONTENTS
Components, ITB 12.1
Eligibility,INFRASTRUCTURE GOODS
Technical, and Financial Components
(a) Eligibility Documents - Class “A” Documents
(i) *PhilGEPS Certificate of registration and
Membership [Platinum Certificate] in YES
accordance with Section 8.5.2 of the IRR
*ANNEX “A” – List of Eligibility Documents
a. DTI/SEC/CDA Registration
YES
b. Mayor’s Permit or Equivalent Documents YES
c. Tax Clearance YES
d. Audited Financial Statement YES
e. PCAB License and Registration NO
*Submission Options: GPPB Cir. No. 07- 2017
and GPPB Cir. No. 03-2016 69
*Submission Options: GPPB Cir. No. 07- 2017
and GPPB Cir. No. 03-2016
1. Submit the Platinum Certificate inside the
Technical Component Envelope – afterward
present Annex “A” documents during post-
YES
qualification…
2. Submit Annex “A” documents inside the
Technical Component Envelope – thereafter
the Platinum Certificate shall be submitted YES
as post-qualification document under Sec.
34. 2
3. Submit combination of Items 1 and 2 inside
the Technical Envelope
YES
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Class “A” Documents
(ii) Statement of All Ongoing government and
private contracts, including contracts
contract awarded but not yet started, if any,
whether similar or not…[GPPB Res. No. 29- YES
2012: failure to disclose immaterial ongoing
contract shall be a ground for
disqualification or blacklisting of bidder…]
Statement of Bidder’s SLCC similar to the
contract to be bid, in accordance with ITB
5.4., within the relevant period as provided
YES
in the BDS.
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(iii) NFCC computation in accordance with ITB
Clause 5.5 or a committed Line of Credit YES
from a universal or commercial bank.
Class “B” Document:
(iv) If applicable, the Joint Venture Agreement
(JVA) in case the joint venture is already in
existence, or duly notarized statements
from all the potential joint venture partners
in accordance with Section 23.1(b) of the
YES
IRR.
Failure to enter into a joint venture in the
event of a contract award (NOA) shall be
ground for the forfeiture of the bid security.
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Class “B” Document:
If applicable, the JVA Sec. 23.1
For Infrastructure Projects, JV bidders shall
submit a JVA in accordance with R.A. 4566 NO
and its IRR. (Special PCAB License for JVA)
Each partner of the joint venture shall
submit their respective PhilGEPS
Certificates of Registration in accordance
with Section 8.5.2 of this IRR. The
submission of technical and financial
eligibility documents by any of the joint YES
venture partners constitutes compliance:
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DOCUMENTS INFRASTRUCTURE
COMPRISING THE BID: GOODS
(b) Eligibility,
Technical Technical,
Documentsand Financial Components
(v) Bid security in accordance with ITB
Clause 18.
1. Notarized Bid Securing Declaration;
or
2. Cash; Cashier’s/Manager’s Check,
Bank Draft/Guarantee, or
YES
irrevocable LC, not less than 2% of
the ABC, issued by a universal or
commercial bank; or
3. Surety Bond (not less than 5% of
ABC) + Insurance Commission
Certification.
74
(b) Eligibility,
None for Infra. This is for Goods only
(vi) Conformity with technical
specifications, as enumerated and YES
specified in Sections VI and VII of the
Bidding Documents;
(vii) Sworn statement [Omnibus] in
accordance with Section 25.3 of the
IRR of RA 9184 and using the form YES
prescribed in Section VIII. Bidding
Forms.
75
(b) Eligibility,
None for Infra. This is for Goods only
(viii) For foreign bidders claiming
eligibility by reason of their country’s
extension of reciprocal rights to
YES
Filipinos, a certification from the
relevant government office of their
country stating that Filipinos are
allowed to participate in their
government procurement
76
Eligibility,INFRASTRUCTURE
GOODS
(b) Technical Documents
(ix) Valid special PCAB License in case of
joint ventures, and registration for the NO
type and cost of the contract for this
Project;
(x) Organizational chart for the contract to NO
be bid;
77
(xi) List of contractor’s personnel (key
personnel) (e.g., Project Manager,
Project Engineers, Materials
Engineers, and Foremen), to be
assigned to the contract to be bid,
NO
with their complete qualification and
experience data. These personnel
must meet the required minimum
years of experience set in the BDS;
and
78
(xii) List of contractor’s major equipment
units, which are owned, leased,
and/or under purchase agreements,
supported by proof of ownership,
certification of availability of NO
equipment from the equipment
lessor/vendor for the duration of the
project, as the case may be, which
must meet the minimum requirements
for the contract set in the BDS;
79
Financial Component,
ESSENTIAL ITB 13.1.
CONTENTS
GOODS
FINANCIAL COMPONENT
(a) Financial Bid Form, which includes
bid prices and the applicable Price
Schedules, in accordance with ITB
Clauses 15.1 and 15.4;
The Bidder shall complete the

Price of goods EXW, customs duties, all
appropriate Schedule of Prices…
taxes, transportation and insurance
stating the unit prices, total price per
costs, other incidental costs for delivery
item, total amount and the expected
Goods to final destination, and costs of
countries of origin of the Goods to be
other incidental services
supplied…
80
ESSENTIAL ITB 13.1.
CONTENTS
GOODS
FINANCIAL COMPONENT
(b) If the Bidder claims preference as a
Domestic Bidder, a certification from
the DTI issued in accordance with ITB
Clause 27, unless otherwise provided
in the BDS; and
…that the Bidder is offering unmanufactured articles, materials or supplies

of the growth or production of the Philippines, or manufactured articles,
materials, or supplies manufactured or to be manufactured in the
Philippines substantially from articles, materials, or supplies of the growth,
production, or manufacture, as the case may be, of the Philippines.
81
ESSENTIAL ITB 13.1.
CONTENTS
GOODS
FINANCIAL COMPONENT
(c) Any other document related to the
financial component of the bid as
stated in the BDS.
82
ESSENTIAL ITB 13.1.
CONTENTS
FINANCIAL COMPONENT
(a) Financial Bid Form, which includes
bid prices and the bill of quantities
(BOQ), in accordance with ITB
Clauses 15.1 and 15.3; and
All duties, taxes, and other levies

The contract shall be for the whole payable by the Contractor under the
Works, as described in Contract, or for any other cause, prior
ITB Clause 1.1, based on the to the deadline for submission of bids,
priced Bill of Quantities (BOQ) shall be included in the rates, prices,
submitted by the Bidder. and total bid price submitted by the
Bidder.
83
ESSENTIAL ITB 13.1.
CONTENTS
FINANCIAL COMPONENT
(b) Any other document related to the
financial component of the bid as
stated in the BDS.
b.1. Detailed estimates, including a
summary sheet indicating the
unit prices of construction
materials, labor rates, and
equipment rentals used in
coming up with the Bid (BDS
Clause 13.1(b); and
84
ESSENTIAL ITB 13.1.
CONTENTS
FINANCIAL COMPONENT
b.2. Cash flow by quarter or payment

schedule (BDS Clause 13.1(b).
85
ESSENTIAL CONTENTS
BID PRICE AND CURRENCY
BID VALIDITY
86
ESSENTIAL CONTENTS
BID PRICES
ITB Clause 15.2.
The Bidder shall fill in rates and prices for all items
of the Goods described in the Schedule of Prices.
Bids not addressing or providing all of the required
items in the Bidding Documents including, where
applicable, Schedule of Prices, shall be considered
non-responsive and, thus, automatically disqualified.
87
87
ESSENTIAL CONTENTS
BID PRICES
ITB Clause 15.2.

In this regard, where a required item is provided, but
no price is indicated, the same shall be considered as
non-responsive, but specifying a zero (0) or a dash (-)
for the said item would mean that it is being offered
for free to the Government, except those required by
law or regulations to be accomplished.
88
88
ESSENTIAL CONTENTS
BID CURRENCIES
ITB Clause 16.1.
Prices shall be quoted in the following currencies:
(a) For Goods that the Bidder will supply from
within the Philippines, the prices shall be quoted
in Philippine Pesos.
89
89
ESSENTIAL CONTENTS
BID CURRENCIES
ITB Clause 16.1.
(b) For Goods that the Bidder will supply from
outside the Philippines, the prices may be
quoted in the Currency(ies) stated in the BDS.
However, for purposes of bid evaluation, bids
denominated in foreign currencies shall be
converted to Philippine currency based on the
exchange rate as published in the Bangko
Sentral ng Pilipinas (BSP) reference rate bulletin
on the day of the bid opening.
90
90
ESSENTIAL CONTENTS
BID CURRENCIES
ITB Clause 16.3.
Unless otherwise specified in the BDS, payment
of the contract price shall be made in Philippine
Pesos.
91
91
ESSENTIAL CONTENTS
BID VALIDITY
ITB Clause 17.1.

Bids shall remain valid for the period specified
in the BDS which shall not exceed one hundred
twenty (120) calendar days from the date of the
opening of bids.
92
92
ESSENTIAL CONTENTS
BID SECURITY
FORMAT AND SIGNING OF BIDS
NOTE:
• Bids are submitted simultaneously in 2 separate
envelopes. (ITB Clause 19.1)
• 1st Envelope contains the technical bid component,

including the eligibility docs; and the
• 2nd Envelope shall contain the financial bid component
93
ESSENTIAL CONTENTS
BID SECURING DECLARATION Amended by virtue of GPPB
Resolution No. 15-2014.
94
ESSENTIAL CONTENTS
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
(BSD), 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 (BSD) 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.
95
ESSENTIAL CONTENTS
NOTE (For Goods):
2009 IRR
Clause 19.4. The Bid, except for unamended printed
literature, shall be signed, and each and every page
thereof, shall be initialed, by the duly authorized
rep. (Clause 19.4, PBDs)
2016 IRR
Clause 19.4. Each and every page of the Bid Form,
including the Schedule of Prices, under Section VIII
hereof, shall be signed by the duly authorized
representative/s of the Bidder. Failure to do so shall be a
ground for the rejection of the bid.
96
ESSENTIAL CONTENTS
Additional clause in the Bid Form:

“We acknowledge that failure to sign each and every page
of this Bid Form, including the Bill of Quantities
(infra) or Price Schedules (for goods), shall be a
ground for the rejection of our bid.”
97
ESSENTIAL CONTENTS
SEALING AND MARKING OF BIDS
(ITB Clause 20)
• Enclose the ORIGINAL Technical and the
ORIGINAL Financial Proposals in separate
envelopes.
• Both envelopes must be MARKED
“ORIGINAL TECHNICAL COMPONENT” or
“ORIGINAL FINANCIAL COMPONENT” as
appropriate. Then, must be place inside an other
envelope.
• Same with the copies – Copy No. __, Technical
Component
98
ESSENTIAL CONTENTS
NOTE: (ITB Clause 20.2)

• The ORIGINAL Technical/Financial Envelope and
the COPY Envelopes shall be CONTAINED in ONE
ENVELOPE (another OUTER ENVELOPE).
99
ESSENTIAL CONTENTS
ITB Clause 20.5

Bid envelopes that are not properly sealed and
marked, as required in the bidding documents, shall
not be rejected, but the Bidder or its duly authorized
representative shall acknowledge such condition of
the bid as submitted. The BAC or the Procuring
Entity shall assume no responsibility for the
misplacement of the contents of the improperly
sealed or marked bid, or for its premature opening.
100
100
ESSENTIAL CONTENTS
1st ENVELOPE 2ND ENVELOPE

ORIGINAL TECHNICAL ORIGINAL FINANCIAL
COMPONENT COMPONENT
ITB 20.4. All envelopes

shall be addressed to
Procuring Entity’s BAC
101
ESSENTIAL CONTENTS
102
ESSENTIAL CONTENTS
103
STATEMENT OF ALL ONGOING CONTRACTS and SLCC (GOODS)
The two statements required shall indicate for each

contract the following:
(ITB Clause 12.1 Goods)
(ii.1) name of the contract;
(ii.2) date of the contract;
(ii.3) contract duration;
(ii.4) owner’s name and address;
(ii.5) kinds of Goods;
(ii.6) For Statement of Ongoing Contracts:
• amount of contract and value of outstanding
contracts;
104
104
STATEMENT OF ALL ONGOING CONTRACTS and SLCC (GOODS)

contract the following: (ITB Clause 12.1)
(ii.7) For Statement of SLCC:
• amount of completed contracts, adjusted by the
Bidder to current prices using PSA’s consumer
price index, if necessary for the purpose of
meeting the SLCC requirement;
(ii.8) date of delivery; and
(ii.9) end user’s acceptance or official receipt(s) or sales
invoice issued for the contract, if completed,
which shall be attached to the statements.
105
105
STATEMENT OF ALL ONGOING CONTRACTS (GOODS)
*The Statement of all ongoing contracts requirement is

merely a “statement” of all ongoing contracts. It refers
to a “statement” to be made by the bidder relative to
all its ongoing and private contracts. It does not refer
to the submission, inside the 1st envelope, of the
NOAs, the NTPs or the CONTRACTS.
106
STATEMENT OF ALL ONGOING CONTRACTS and SLCC (Infra)

(ITB 12.1 PBD Infra)
(ii.1) name of the contract;
(ii.2) date of the contract;
(ii.3) contract duration;
(ii.4) owner’s name and address;
(ii.5) nature of work;
(ii.6) contractor’s role (whether sole contractor,
subcontractor, or partner in a JV) and percentage
of participation;
107
107

(ii.7) total contract value at award;
(ii.8) date of completion or estimated completion time;
(ii.9) total contract value at completion, if applicable;
(ii.10) percentages of planned and actual
accomplishments, if applicable; and
(ii.11) value of outstanding works, if applicable.
108
108

The statement of the Bidder’s SLCC shall be
supported by the Notice of Award and/or Notice to
Proceed, Project Owner’s Certificate of Final
Acceptance issued by the Owner other than the
Contractor or the Constructors Performance
Evaluation System (CPES) Final Rating, which must
be at least satisfactory.
In case of contracts with the private sector, an
equivalent document shall be submitted;
109
109
2016 IRR AMENDMENTS
Submission and Receipt of Bids;
Sealing and Marking of Bids
ITB Clause 20.3. PBD Goods
The original and the number of copies of the Bid as
indicated in the BDS shall be typed or written in ink
and shall be signed by the Bidder or its duly
authorized representative/s.
110
ESSENTIAL CONTENTS
DEADLINE FOR THE SUBMISSION OF BIDS
NOTE:
• Bids must be received at the address and on or before the
date and time indicated in the BDS. (ITB Clause 21 PBD
Goods)
• Bids submitted after deadline shall be declared “LATE” and
shall not be accepted by the BAC. (ITB Clause 22 PBD Goods)
• The BAC Secretariat shall notify in writing all bidders whose bids
it has received through its PhilGEPS-registered physical address or
official e-mail address. The notice shall be issued within seven
(7) cd from the date of the bid opening (ITB Clause 24.9. PBD
Goods)
111
ESSENTIAL CONTENTS
MODIFICATION OF BIDS (ITB 23 PBD Goods)
CAN BIDS BE MODIFIED?
• Bids may be submitted prior to and may be
MODIFIED before the deadline.
• To be instructed to submit another Bid equally sealed,
properly identified and linked to its original bid.
• Envelope marked as TECHNICAL / FINANCIAL
Modification.
• The Bidder shall not be allowed to retrieve its original
bid.
• No Bids may be modified after the deadline for
submission and receipt of Bids.
112
ESSENTIAL CONTENTS
WITHDRAWAL OF BIDS (ITB 23.2 PBD Goods)

CAN BIDS BE WITHDRAWN?
• Bids may be WITHDRAWN through a LETTER of
WITHDRAWAL, which must be received prior to
the deadline for submission and receipt of bids
• Withdrawing bidder NOT allowed to submit
another Bid.
• For bids withdrawn within the interval between the
deadline and expiration of Bid validity, the Bid
Security shall be FORFEITED
113
BID DATA SHEET (BDS)
Note:
Amendments and/or supplements, if any, to
provisions of the Instruction to Bidders as
necessitated by the circumstances of the specific
procurement, must also be incorporated.
114
BID DATA SHEET
NOTE:
• This section is intended to assist the Procuring
Entity in providing the specific information in
relation to corresponding clauses in the ITB
• It has to be prepared for each specific procurement.
• It should specified in the BDS the information and
requirements specific to the circumstances of the
Procuring Entity, the processing of the
procurement, the applicable rules regarding bid
price and currency, and the bid evaluation criteria
that will apply to the bids.
115
GENERAL CONDITIONS OF
CONTRACT (GCC)
and
SPECIAL CONDITIONS OF
CONTRACT (SCC)
116
GCC and SCC
NOTE:
 The details in the GCC and SCC, submission and
other required documents listed therein, expressing
all the rights and obligations of the parties, should
be complete.
 The GCC herein shall not be altered
 Any change and complementary information, which
may be needed, shall be introduced only through
the SCC
 No special condition which defeats or negates the
general intent and purpose of the GCC should be in
incorporated in the SCC.
117
GCC and SCC
PROCURING ENTITY’S RESPONSIBILITIES
 Procuring Entity (PE) to make best effort to assist

the Supplier in obtaining permits, approvals,
import, and other licenses required for the
performance of the obligations in the Contract.
(GCC Clause 8.1 PBD Goods)
 PE shall pay all costs involved in the performance

of its responsibilities. (GCC Clause 8.2 PBD Goods)
118
GCC and SCC
PRICES
 All bid prices are considered fixed prices, and

therefore not subject to price escalation during
contract implementation, except under extraordinary
circumstances and upon prior approval of the GPPB
in accordance with Section 61 of R.A. 9184 and its
IRR or except as provided in this Clause. (GCC
Clause 9.1 PBD Goods)
119
GCC and SCC
STANDARDS (GCC Clause 15 PBD Goods)
 GOODS to conform to the standards mentioned in

Section VII. Technical Specifications
 When no applicable standard is mentioned, to the

latest authoritative standards appropriate to the
GOODS’ country of origin.
120
GCC and SCC
INSPECTION AND TESTS (GCC Clause 15 PBD Goods)
 PE or its representative has the right to inspect and/or
test the GOODS at no extra cost in order to confirm their
conformity to the Contract specifications.
 SCC specifies what inspections and/or tests the PE
requires
 If applicable, inspections and tests may be conducted on
the premises of the Supplier or its subcontractor(s), at
point of delivery, and/or at the GOODS’ final
destination.
 PE may reject any GOODS or any part thereof that fail to
pass any test and/or inspection or do not conform to the
specifications.
121
GCC and SCC
INSPECTION AND TESTS (GCC Clause 16.4 PBD
Goods)
 Supplier to rectify or replace such rejected GOODS
or parts thereof or make alterations necessary to
meet the specifications, and shall repeat the test
and/or inspection at no cost to the PE.
 Supplier agrees that neither the execution of a test
and/or inspection of the Goods or any part thereof,
nor the attendance by the PE or its representative,
shall release the Supplier from any warranties or
other obligations under this Contract.
122
GCC and SCC
DELAYS IN THE SUPPLIER’S PERFORMANCE
(GCC Clause 18)
 Delivery of Goods and/or performance of Services shall be
made in accordance with the Section VI. Schedule of
Requirements.
 In case of perceived delay, Supplier shall promptly Notify
the Procuring Entity in writing, together with its likely
duration and causes.
 Except as provided under GCC Clause 22, a delay by the
Supplier in the performancSupplier liable to the imposition
of liquidated damages e of its obligations shall render the
pursuant to GCC Clause 19, unless an extension of time is
agreed upon pursuant to GCC Clause 29 without the
application of liquidated damages.
123
GCC and SCC
FORCE MAJEURE (GCC Clause 22 PBD Goods)

 Winning Bidder is not liable for delay in performance or
other failure to perform obligations under the Contract if
such is caused by force majeure.
 “Force majeure” and “fortuitous event” interpreted to mean
an event which the Winning Bidder could not have
foreseen, or which though foreseen, was inevitable.
 Does not include conditions the effects of which could have
been avoided with the exercise of reasonable diligence by
the Winning Bidder.
 Winning Bidder to promptly notify the PE if a force majeure
situation arises.
124
GCC and SCC
DELAY’S IN THE SUPPLIER’S PERFORMANCE

(GCC Clause 18.2)
If at any time during the performance of this

Contract, the Supplier or its Subcontractor(s) should
encounter conditions impeding timely delivery of
the Goods and/or performance of Services, the
Supplier shall promptly notify the Procuring Entity
in writing of the fact of the delay, its likely duration
and its cause(s).
125
125
GCC and SCC
ASSIGNMENT OF RIGHTS
(GCC Clause 28 PBD Goods)
 Assignment of rights or obligations shall be with

prior written consent by the PE, in whole or in
part.
126
STANDARD RATES OF PBDs
Approved Budget for the Contract Maximum Cost of
(in Philippine Peso) 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 500 Million 75,000.00
• Bidding Documents Fee may be refunded if there is failure of

bidding based on the grounds provided for under Section 41
of RA 9184 and its IRR (Sec. 17.5, 2016 Revised IRR)
127
THANK YOU!!
Contact us at:
Unit 2506 Raffles Corporate Center

F. Ortigas Road, Ortigas Center
Pasig City, Philippines 1605
TeleFax: (632)900-6741 to 44
128

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PHILIPPINE BIDDING

 Scope of work, Approved Budget for the Contract (ABC),

Sec. 17.2, 2016 Revised IRR, RA 9184

Sec. 17.2, 2016 Revised IRR, RA 9184

GPPB Res. No. 03-2018; GPPB Cir. No. 02-2018

GPPB Res. No. 36-2017

Please compare this with the next slide…the Speaker

GPPB Res. 36-2017 dated November 7, 2017

Sec. 17.3, 2016 Revised IRR, RA 9184

Sec. 17.4, 2016 Revised IRR, RA 9184

• The provisions that are intended to be used

 Section II. Instructions to Bidders (ITB) and

The Invitation to Bid provides information that

Invitation to Bid (Goods) – Para. 2

*Refer to PBD Goods, Section III, BDS Clause 5.4

Invitation to Bid (Goods) – Para. 6

Invitation to Bid (Goods) – Para. 7

Invitation to Bid (Goods) – Para. 7

NOTE: Section II contains provisions that

Provides the information necessary for Bidders to

SCOPE OF BID (ITB Clause 1 in the BDS)

SOURCE OF FUNDS (ITB Clause 2 in the BDS)

CORRUPT, FRAUDULENT, COLLUSIVE, AND

CONFLICT OF INTEREST (ITB Clause 4)

1. Controlling shareholders in common with

CONFLICT OF INTEREST (ITB Clause 4)

CONFLICT OF INTEREST (ITB Clause 4)

5. Bidder submits more than one bid in this bidding

CONFLICT OF INTEREST (ITB Clause 4)

7. Bidder who lends, or temporarily seconds, its

Disclosure of Relations (ITB Clause 4.2)

Disclosure of Relations (ITB Clause 4.2) – 3rd Civil Degree

Disclosure of Relations (ITB Clause 4.2) – 3rd Civil Degree

1. WHO ARE ELIGIBLE BIDDERS? (ITB Clause 5)

2. WHAT ARE THE BIDDER’S RESPONSIBILITIES?

(Embodied in the Omnibus Sworn Statement)

(Refer also to: ITB Clause 6; ITB Clause 12; Bidding

IS SUBCONTRACTING ALLOWED OR NOT?

SCHEDULE AND VENUE OF BIDDING

SCHEDULE AND VENUE OF BIDDING ACTIVITIES:

SCHEDULE AND VENUE OF BIDDING ACTIVITIES:

CLARIFICATION AND AMENDMENT OF

WHAT ARE ALTERNATIVE BIDS? ARE THESE

NOTE: Alternative bids shall be rejected.

PEs are proscribed from requiring additional

The Bidder shall complete the

…that the Bidder is offering unmanufactured articles, materials or supplies

All duties, taxes, and other levies

b.2. Cash flow by quarter or payment

BID PRICE AND CURRENCY

ITB Clause 15.2.

ITB Clause 17.1.

FORMAT AND SIGNING OF BIDS

• 1st Envelope contains the technical bid component,

2. I/We accept that: (a) I/we will be automatically

FORMAT AND SIGNING OF BIDS

Additional clause in the Bid Form:

NOTE: (ITB Clause 20.2)

ITB Clause 20.5

1st ENVELOPE 2ND ENVELOPE

ITB 20.4. All envelopes

SEALING AND MARKING OF BIDS

The two statements required shall indicate for each