TECHNOPRENEURSHIP 101 - BSCE 4-YA-1

TNPS 411
23/10/2023

The Updated 2016 Revised

Implementing Rules And
Regulations Of Republic Act
No. 9184
ARTICLE 16 TO ARTICLE 20

PRESENTED BY :

CORDOVALES, JAYVEE
ESPIRITU, HANNAH GRACE
FLORES, LEA RUTH
VALLEJO, ELLAH MAE
VALLES, JEREMIE
Section 16.
R U L E V – B I D S A N D AWA R D S C O M M I T T E E

P ro f e s s i o n a l i z a t i o n o f
BAC, TWG Members and
P ro c u re m e n t U n i t s
Section 16.
Professionalization of BAC, TWG Members and Procurement Units
Section 16.
Professionalization of BAC, TWG Members and Procurement Units
16.1.
The GPPB shall establish
a sustained training program to
develop the capability of the BACs,
BAC Secretariats, TWGs, and the
Procurement Units of procuring
entities, and professionalize the
same.
16.2. 16.3.
Procurement Proficiency In line with the
In addition to integrity, heads of standardization of procurement
procuring entities shall consider procedures and the thrust towards
procurement proficiency as a factor strengthening the procurement
in designating officials to the BAC function to increase operational
as well as the head of the Secretariat efficiency and effectiveness, heads
and Procurement Unit. In turn, the of procuring entities shall aim to
BAC shall consider the same in their consolidate, or unify all
selection of the TWG members. procurement activities of the
organization, whether locally funded
or foreign assisted, and whether
pertaining to goods, infrastructure
projects or consulting services.
Section 16.
Professionalization of BAC, TWG Members and Procurement Units
16.1.
The GPPB shall establish
a sustained training program to
develop the capability of the BACs,
BAC Secretariats, TWGs, and the
Procurement Units of procuring
entities, and professionalize the
same.
16.2. 16.3.
Procurement Proficiency In line with the
In addition to integrity, heads of standardization of procurement
procuring entities shall consider procedures and the thrust towards
procurement proficiency as a factor strengthening the procurement
in designating officials to the BAC function to increase operational
as well as the head of the Secretariat efficiency and effectiveness, heads
and Procurement Unit. In turn, the of procuring entities shall aim to
BAC shall consider the same in their consolidate, or unify all
selection of the TWG members. procurement activities of the
organization, whether locally funded
or foreign assisted, and whether
pertaining to goods, infrastructure
projects or consulting services.
Section 16.
Professionalization of BAC, TWG Members and Procurement Units
16.1.
The GPPB shall establish
a sustained training program to
develop the capability of the BACs,
BAC Secretariats, TWGs, and the
Procurement Units of procuring
entities, and professionalize the
same.
16.2. 16.3.
Procurement Proficiency In line with the
In addition to integrity, heads of standardization of procurement
procuring entities shall consider procedures and the thrust towards
procurement proficiency as a factor strengthening the procurement
in designating officials to the BAC function to increase operational
as well as the head of the Secretariat efficiency and effectiveness, heads
and Procurement Unit. In turn, the of procuring entities shall aim to
BAC shall consider the same in their consolidate, or unify all
selection of the TWG members. procurement activities of the
organization, whether locally funded
or foreign assisted, and whether
pertaining to goods, infrastructure
projects or consulting services.
Section 17.
R U L E V I - P R E PA R AT I O N O F B I D D I N G
DOCUMENTS

Form and Contents of

Bidding Documents
Section 17.

Form and Contents of Bidding Documents

Section 17.

Form and Contents of Bidding Documents

17.1.
The Bidding Documents
shall be prepared by the Procuring
Entity following the standard forms
and manuals prescribed by the
GPPB.39 The Bidding Documents
shall include the following:
Section 17.
Form and Contents of Bidding Documents
17.1.
The Bidding Documents
shall be prepared by the Procuring
Entity following the standard forms
and manuals prescribed by the
GPPB.39 The Bidding Documents
shall include the following:
a) ABC;
b) Invitation to Bid/Request for Expression of Interest;
c) Eligibility Requirements;
d) Instructions to Bidders, including scope of bid, documents comprising the
bid, criteria for eligibility, bid evaluation methodology/criteria in accordance
with the Act, and post-qualification, as well as the date, time and place of the
pre- bid conference (where applicable), submission of bids and opening of
bids;
e) Terms of Reference, for Consulting Services;
f) Scope of work, where applicable;
g) Plans/Drawings and Technical Specifications;
h) Form of Bid, Price Form, and List of Goods or Bill of Quantities;
i) Delivery Time or Completion Schedule;
j) Form, Amount, and Validity Period of Bid Security;
k) Form, Amount, and Validity of Performance Security and Warranty; and
l) Form of Contract and General and Special Conditions of Contract.
Section 17.

Form and Contents of Bidding Documents

17.2
The specifications and other
terms in the Bidding Documents shall
reflect the necessary specifications
required to meet the needs of the
Procuring Entity in clear and
unambiguous terms. The renewal of
contract for regular and recurring
services, including the required
performance evaluation of the service
provider, must be stated by the procuring
entity in the scope of work or technical
specifications and special conditions of
the contract of the bidding documents.
Section 17.
Form and Contents of Bidding Documents
17.2
The specifications and other
terms in the Bidding Documents shall
reflect the necessary specifications
required to meet the needs of the
Procuring Entity in clear and
unambiguous terms. The renewal of
contract for regular and recurring
services, including the required
performance evaluation of the service
provider, must be stated by the procuring
entity in the scope of work or technical
specifications and special conditions of
the contract of the bidding documents.
17.3
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 Invitation to
Bid / Request for Expression of Interest
is first advertised/posted until the
deadline for the submission and receipt
of bids.
Section 17.

Form and Contents of Bidding Documents

17.4
Bidders may be asked to pay a fee to recover the cost for the preparation and development of the Bidding Documents pursuant to the
Guidelines on the Sale of Bidding Documents. The Procuring Entity shall post the complete Bidding Documents at its website and the PhilGEPS website
from the time the Invitation to Bid/Request for Expression of Interest is advertised. Bidding Documents may be downloaded from any of the said
websites: Provided, That upon submission of their bids, the bidders shall pay the applicable fee, if required. The Bidding Documents may also be secured
from the BAC Secretariat upon payment of the corresponding fee, if required.
Section 17.

Form and Contents of Bidding Documents

17.4
Bidders may be asked to pay a fee to recover the cost for the preparation and development of the Bidding Documents pursuant to the
Guidelines on the Sale of Bidding Documents. The Procuring Entity shall post the complete Bidding Documents at its website and the PhilGEPS website
from the time the Invitation to Bid/Request for Expression of Interest is advertised. Bidding Documents may be downloaded from any of the said
websites: Provided, That upon submission of their bids, the bidders shall pay the applicable fee, if required. The Bidding Documents may also be secured
from the BAC Secretariat upon payment of the corresponding fee, if required.

17.5
Bidding Documents Fee may be refunded in accordance with the afore mentioned Guidelines based on the grounds provided for under
Section 41 of the Act and this IRR.
Section 17.

Form and Contents of Bidding Documents

17.4
Bidders may be asked to pay a fee to recover the cost for the preparation and development of the Bidding Documents pursuant to the
Guidelines on the Sale of Bidding Documents. The Procuring Entity shall post the complete Bidding Documents at its website and the PhilGEPS website
from the time the Invitation to Bid/Request for Expression of Interest is advertised. Bidding Documents may be downloaded from any of the said
websites: Provided, That upon submission of their bids, the bidders shall pay the applicable fee, if required. The Bidding Documents may also be secured
from the BAC Secretariat upon payment of the corresponding fee, if required.

17.5
Bidding Documents Fee may be refunded in accordance with the afore mentioned Guidelines based on the grounds provided for under
Section 41 of the Act and this IRR.

17.6
Detailed Engineering for the Procurement of Infrastructure Projects
Bidding and contract award for Infrastructure Projects require thorough engineering investigations, surveys, and designs approved by the HoPE, end-user,
or implementing unit. Projects with pending acquisition require authority, permit, or court approval. Design and build schemes allow preliminary designs
submission.
Section 18.
R U L E V I - P R E PA R AT I O N O F B I D D I N G
DOCUMENTS

R e f e re n c e t o B r a n d
Names
Section 18.

R e f e re n c e t o B r a n d N a m e s

Specifications for the procurement of Goods shall be based on relevant

characteristics, functionality and/or performance requirements. Reference to brand
names shall not be allowed except for items or parts that are compatible with the
existing fleet or equipment of the same make and brand, and to maintain the
performance, functionality and useful life o fthe equipment.

This Section shall also apply to the goods component of Infrastructure Projects and
Consulting
Section 19.
R U L E V I - P R E PA R AT I O N O F B I D D I N G
DOCUMENTS

Access to Information
Section 19.

Access to Information

Specifications for the procurement of Goods shall be based on relevant

characteristics, functionality and/or performance requirements. Reference to brand
names shall not be allowed except for items or parts that are compatible with the
existing fleet or equipment of the same make and brand, and to maintain the
performance, functionality and useful life o fthe equipment.

This Section shall also apply to the goods component of Infrastructure Projects and
Consulting
Section 20.
R U L E V I I – I N V I TAT I O N T O B I D

P re - P ro c u re m e n t P ro c e s s
Section 20.

P re - P ro c u re m e n t C o n f e re n c e

Preparing of Pre- Advertising Pre-Bid Receipt and

Bidding Procurement Invitation to Conference Opening of
Documents Conference Bid Bids

Bid Post- Notice of Winning of Execution of

Evaluation Qualification Bidder shall post
Award performance
Contract
Security

Notice of Notice of Contract

Proceed Award implementation
and termination
Section 20.

P re - P ro c u re m e n t C o n f e re n c e

20.1.
Prior to the issuance of the invitation to Bid, the BAC is mandated to hold a pre-procurement conference
n each and every procurement, except those contracts below a certain level or amount specified in the IRR, in
which case, the holding of the same is optional.
The pre-procurement conference shall assess the readiness of the procurement in terms of confirming
the certification of availability of funds, as well as reviewing all relevant documents and the draft incitation to Bid,
as well as consultants hired by the agency concerned and the representative of the end-user
Section 20.

P re - P ro c u re m e n t C o n f e re n c e

20.1.
Prior to the issuance of the invitation to Bid, the BAC is mandated to hold a pre-procurement conference
n each and every procurement, except those contracts below a certain level or amount specified in the IRR, in
which case, the holding of the same is optional.
The pre-procurement conference shall assess the readiness of the procurement in terms of confirming
the certification of availability of funds, as well as reviewing all relevant documents and the draft incitation to Bid,
as well as consultants hired by the agency concerned and the representative of the end-user

During this conference, the participants, led by the

BAC, shall:
a. Confirm the description and scope of the contract,
b. Ensure that the procurement is in accordance with the PPMP and APP
c. Determine the readiness of the procurement at hand, including, among
other aspects, the following :
Section 20.

P re - P ro c u re m e n t C o n f e re n c e

I. The availability of appropriations.

II. Completeness of the Bidding Documents and their adherence to relevant general procurement
guideline
III. Completion of the detailed engineering according to the prescribed standards in the case of
Infrastructure Projects
IV. Confirmation of the availability of right-of-way site or location, and the possession of affected
properties, subject to Section 17.6 of this IRR.

d. Review, modify and agree on the criteria for eligibility screening, evaluation,
and post-qualification
e. Review and adopt the procurement schedule, including deadlines and
timeframes, for the different activities
f. Reiterate and emphasize the importance of confidentiality, in accordance with Section 19 of this IRR, and the
applicable sanctions and penalties, as well asagree on measures to ensure compliance with the foregoing.
Section 20.

P re - P ro c u re m e n t C o n f e re n c e

20.2
The holding of a pre-procurement conference may not be required for small procurements, i.e.,
procurement of Goods costing Two Million Pesos (₱2,000,000.00) and below, procurement of Infrastructure
Projects costing Five Million Pesos (₱5,000,000.00) and below, and procurement of Consulting Services costing
One Million Pesos (₱1,000,000.00) and below.
Thank you