NOTES

REVISED IRR OF RA 9184

Preparation of Bidding Documents:

The BAC shall promptly issue the bidding documents for the contract to bid at the time the Invitation to Apply for Eligibility
and to Bid is first advertised.

Prospective bidders shall be given ample time to examine the bidding documents and to prepare their respective bids.
Pre-Procurement Conference:

Prior to advertisement or ITB for each procurement through a public bidding.

May not be required for small procurements

2 Million and below for goods
5 Million and below for infrastructures
1 Million and below for services

Attended by BAC members, BAC Secretariat, Unit or Officials who prepared the technical plans and specifications, bidding
documents, draft advertisement.

They shall ensure if it is in accordance with APP, determine readiness, criteria for eligibility, number of eligible bidders, and
emphasize confidentiality.
Advertisement:

Once in 1(one) newspaper of general nationwide circulation

Website of procuring entity, if available (7cd)

Philgeps (7cd)

Conspicuous place in the procuring entity, if applicable, as certified by the BAC Secretariat. (7cd)

Newspaper advertisement shall not be required for:

2 Million and below for Goods
5 Million and below for Infrastructures
In Alternative Methods
Pre-Bid Conference:

ABC of 1 Million or more Mandatory

ABC of less than 1 Million Discretionary

To clarify and/or explain any of the requirements, terms, conditions and specifications stipulated in the Bid Docs

Shall be held at least 12cd before deadline for the submission and receipt of bids

Shall discuss the eligibility requirements and technical and financial components of the contract to be bid

Attendance of bidders shall not be mandatory

At the option of the procuring entity, only those who have purchased the bidding documents shall be allowed to participate in
the pre-bid conference and raise or submit written queries or clarifications

The minutes of the pre-bid conference shall be recorded and made available to all participants not later than 3cd after the prebid conference

Supplemental/Bid Bulletins
At least 10cd before deadline for submission and receipt of bids
Request for clarifications on any part of the bidding documents or for interpretations
Must be in writing and submitted to the BAC
At least 7cd before deadline for submission of bids the BAC shall respond by issuing supplemental/bid bulletin
Shall be posted in Philgeps and Website of the procuring entity

Eligibility Requirements for Goods and Infrastructure

Class A Documents
Legal Documents
1. Registration certificate from SEC, DTI (sole proprietorship), or CDA (cooperatives), or any proof of such registration
2. Mayors permit
Technical Documents
1. Statement of all ongoing and completed government and private contracts
2. Contracts awarded but not yet started whether similar or not similar in nature
3. In case of infrastructure projects, a valid Philippine Contractors Accreditation Board (PCAB) license and registration
Financial Documents
1. Audited financial statements (assets and Liabilities) stamped received by the BIR (should not be earlier than 2
years)
2. Computation for its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial
Bank to extend a credit line in favor of the prospective bidder if awarded the contract to be bid.
Submission and Receipt of Bids
2 separate sealed bid envelopes
1st envelope technical component of the bid, including the eligibility requirements
2nd envelope financial component of the bid

1st Envelope contains:

GOODS
1. Eligibility requirements (SEC/DTI/CDA registration, mayors permit)
(statement of bidder on-going/completed projects)
(bidders audited financial statements)
2. The bid security in the prescribed form, amount and validity period
3. Technical specifications
4. Sworn statement (not blacklisted, authentic copies, authorized signatories, compliance with all laws and standards,
etc.)
INFRASTRUCTURE PROJECTS
1.
2.
3.
4.

Eligibility requirements (SEC/DTI/CDA registration, mayors permit)

(statement of bidder on-going/completed projects)
(bidders audited financial statements)
The bid security in the prescribed form, amount and validity period
Project requirements (organizational chart for the contract to be bid, list of contractors personnel, list of equipment
units)
Sworn statement (not blacklisted, authentic copies, authorized signatories, compliance with all laws and standards,
etc.)

2nd Envelope shall contain financial information/documents as specified in the PBDs

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 ITB/REI up to the submission and receipt of bids shall be observed:
Goods maximum period of 45cd
Infrastructure maximum period of 50cd if ABC is 50Million and below
maximum period of 65cd if ABC is above 50 Million
Consulting Services maximum period of 75cd

Bids, including the eligibility requirements, submitted after the deadline shall not be accepted by the BAC.

Bidder may modify its bid, provided that this is done before the deadline for the submission and receipt of bids

Bidder not allowed to retrieve original bid

Bidder may, through a letter, withdraw its bid before the deadline for the receipt of bid.

If bid is withdrawn bidder is not permitted to submit another bid proposal

All bids shall be accompanied by a bid security, payable to the PE concerned as a guarantee that the successful bidder shall,
within 10cd from receipt of notice of award, enter into a contract with the PE and furnish the performance security.

Failure to enclose the required bid security in the form and amount prescribed shall automatically disqualify the bid
concerned.

Cash, cashiers/manager check or letter of credit 2%

Surety bond 5%

Bid securities shall be returned only after the bidder has signed the contract and furnished the performance security
Bids and Bid Securities shall be valid for a reasonable period as determined by HOPE, but in no case exceed 120cd from
opening of bids

Bid Opening

The BAC shall open the bids immediately after the deadline for the submission and receipt of bids

The bidder/duly authorized representative may attend the opening of bids

The BAC shall adopt a procedure for ensuring the integrity, security and confidentiality of all submitted bids

The minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee to
recover cost of materials.
Bid Evaluation
Preliminary Evaluation

BAC shall open the first bid envelope of prospective bidders in public
For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to
ascertain if they are all present, using a non-discretionary pass/fail criterion, as stated in the Instruction to Bidders.

If the bidder submits the required documents, it shall be rated passed for that particular requirement

Bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as failed

Immediately after determining compliance with the requirement in the 1 st envelope, the BAC shall open the second bid
envelope of each remaining eligible bidder whose first bid envelope was rated passed.
2nd envelope shall be rated failed if:
i.
One or more of the requirements is missing, incomplete or patently insufficient
ii.
The submitted total price exceeds the ABC

Bid Evaluation for the Procurement of Goods and Infrastructure Projects

BAC members, BAC Secretariat and TWG are prohibited from making or accepting any communication with any bidder
regarding the evaluation of their bids until the issuance of the NOA
However, the BAC, through its BAC Secretariat, may ask in writing the bidder for a clarification of its bid. All responses to
requests for clarification shall be in writing
For the procurement of goods and infrastructure projects, the purpose of bid evaluation is to determine the LCB using the
following steps:
i.
BAC shall immediately conduct a detailed evaluation of all bids using non-discretionary criteria in considering the
following:
Completeness of the Bid

Partial bids is allowed if agreed upon

Otherwise, partial bids or bids not addressing or providing all of the required items shall be
considered non-responsive and, thus, automatically disqualified

If no price indicated non-responsive

If zero0 free

ii.

Arithmetical corrections

Bidders shall be required to include the cost of all taxes. Such bids, including said taxes, shall be the basis for bid
evaluation and comparison

In case discrepancies

Words shall prevail over figures

Unit price prevail over total price

Unit price of bill of quantities prevail over unit price of detailed estimate

After all bids have been received, opened, examined, evaluated, and ranked (from lowest to highest), the BAC shall prepare
Abstract of Bids
All members of BAC shall sign the abstract of bids, and attach thereto all the bids with their corresponding bid securities and
the minutes or proceeding of the bidding
Entire process of evaluation

At least 5cd 50 Million and below

At least 7cd above 50 Million

Post-Qualification

The LCB shall undergo post-qualification in order to determine whether the bidder concerned complies with and is responsive
to all the requirements and conditions as specified in the bidding documents
Within 3cd from receipt by the bidder of the notice from the BAC that the bidder has the LCB, the bidder shall submit the
following documentary requirements to the BAC:

Tax clearance

Latest income and business tax returns

Certificate of Philgeps registration

Other appropriate licenses and permits required by law and stated in the Bidding Documents
To verify, validate, and ascertain all statements made and documents submitted by the bidder with the LCB, using nondiscretionary criteria, as stated in the bidding documents.

Legal Requirements

Technical Requirements

Financial Requirements
If BAC determines that bidder with LCB passes all the criteria for post-qualification, it shall declare the said bid as the Lowest
Calculated Responsive Bid and recommend to the HOPE the award of contract.
If FAILED notify the bidder in writing of its post-qualification and the grounds for it.
If the second LCB passes the post-qualification, provided the MR of first LCB has been denied, the second bidder shall be
declared as LCRB
The post-qualification process

within 7cd from the determination of LCB (Above 50M)

within 5cd (50M and below)

Failure of Bidding

the BAC shall declare the bidding failure when:

i.
no bids received;
ii.
all prospective bidders are declared ineligible;
iii.
all bids fail to comply with all the bid requirements or fail post-qualification;
iv.
the bidder with the LCRB refuses, without justifiable cause, to accept the award of contract , and no award is made
(sec. 40)

The BAC shall revise the terms, conditions and specifications, and if necessary, adjust the ABC, subject to the required
approvals, and conduct a re-bidding with re-advertisement and/or posting.
Should there occur a second failure of bidding, the procuring entity may resort to negotiated procurement.

Single Calculated/Rated and Responsive Bid Submission

A single calculated/rated and responsive bid shall be considered for award if it falls under any of the following circumstances:
a) If after advertisement, only one prospective bidder submits an LOI and/or applies for eligibility check and it meets
the eligibility requirements, after which it submits a bid which is found to be responsive to the bidding requirements;

b)
c)

If after advertisement, more than one prospective bidder submits an LOI and/or applies for eligibility check, but only
one bidder meets the eligibility requirements, after which it submits a bid which is found to be responsive to the
bidding requirements; or
If after the eligibility check, more than one bidder meets the eligibility requirements, but only one bidder submits a
bid, and its bid is found to be responsive to the bidding requirements.

Award of Contract

BAC to submit recommendation to HOPE

HOPE to decide

Within 7cd above 50M

Within 5cd 50M and below

Within 15cd in case of GOCCs and GFIs

Within the same period provided herein, the BAC shall notify all losing bidders of its decision
If HOPE approves BAC recommendation he should issue NOA
If HOPE disapproved shall be based only on valid, reasonable, and justifiable grounds in writing, copy furnished the BAC

Notwithstanding the issuance of the NOA, award of contract shall be subject to the following conditions:
i.
Submission of valid JVA, if applicable, within 10cd from receipt of NOA
Submission, in case of infrastructure projects, of PCAB license and registration for the type and cost of the contract
to be bid for foreign bidders, within 30cd from receipt of NOA
ii.
Posting of performance security (within 10cd from NOA)
iii.
Signing of contract (within 10cd from NOA
iv.
Approval by higher authority, if required/applicable
v.
BAC, through secretariat, to post NOA in Philgeps, agency website, if any, and any conspicuous place in the premises
of the procuring entity

Notice to Proceed

Notice to proceed shall be issued together with a copy of the approved contract
3cd from date of approval of the contract (ABC of above 50M)
2cd from date of approval of the contract (ABC of 50M and below)

Contract effectivity date not later than 7cd from notice to proceed

To posted in Philgeps, agency website within 15cd from date of issuance

NOTES:

Procurement process from the opening of bids up to the award of contract shall not exceed 3 months, or a shorter
period to be determined by the procuring entity concerned.
All members of the BAC shall be on a jury duty type of assignment until the NOA is issued by the HOPE