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Matrix of Changes in the 2016 Revised IRR of RA 9184

Revised IRR of RA 9184 (2009) 2016 Revised IRR of RA 9184


4.3. Unless the Treaty or International or Executive Agreement 4.3. Unless the Treaty or International or Executive Agreement
expressly provides use of foreign government/foreign or expressly provides another or different procurement procedures and
international financing institution procurement procedures and guidelines, R.A. 9184 and this IRR shall apply to Foreign-funded
guidelines, this IRR shall apply to Foreign-funded Procurement for Procurement of goods, Infrastructure Projects, and Consulting
goods, infrastructure projects, and consulting services by the GOP. Services by the GoP.

Consistent with the policies and principles set forth in Sections 2 The GOP negotiating panels shall, as its default position, adhere to
and 3 of this IRR, the GOP negotiating panels shall adopt, as its R.A. 9184 and this IRR, or at the very least, selection through
default position, use of this IRR, or at the very least, selection competitive bidding, in all Foreign-funded Procurement. If the
through competitive bidding, in all Foreign-funded Procurement. If Treaty or International or Executive Agreement states otherwise,
the Treaty or International or Executive Agreement states then the negotiating panels shall ensure the reasons for the adoption
otherwise, then the negotiating panels shall explain in writing the of a different rule or method of procurement are clearly reflected in
reasons therefor. the records of discussion.

No Section 4.5 New Provision:

4.5 The following are not procurement activities under R.A. 9184 and
this IRR:

a) Direct financial or material assistance given to beneficiaries


in accordance with the existing laws, rules and regulations,
and subject to the guidelines of the concerned agency;

b) Participation in local or foreign scholarships, trainings,


continuing education, conferences, seminars or similar
activities that shall be governed by applicable COA, CSC,
and DBM rules;

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c) Lease of government-owned property as lessor for private
use;

d) Hiring of Job Order Workers;

e) Joint Venture under the revised NEDA Guidelines (GOCC


and Private Entities), andJoint Venture Agreements by LGU
with Private entities; and

f) Disposal of Property and Other Assets of the Government.

Section 5. Definition of Terms Section 5. Definition of Terms

For purposes of this IRR, the following terms or words and phrases For purposes of this IRR, the following terms or words and phrases
shall mean or be understood as follows: shall mean or be understood as follows:

a) Act. Refers to R.A. 9184, xxx. a) Act. Refers to R.A. 9184, xxx.

b) Approved Budget for the Contract. Refers to the budget for b) Approved Budget for the Contract. Refers to the budget for the
the contract duly approved by the Head of the Procuring contract duly approved by the Head of the Procuring Entity
Entity, as provided for in the General Appropriations Act HoPE, as provided for in the General Appropriations Act
(GAA), continuing, and automatic appropriations, in the case (GAA), continuing, and automatic appropriations, in the case
of national government agencies (NGAs); the corporate of national government agencies (NGAs); the corporate budget
budget for the contract approved by the governing board, for the contract approved by the governing board, pursuant to
pursuant to Executive Order No. 518, series of 1979 (E.O. Executive Order (E.O.) No. 518, series of 1979, in the case of
518), in the case of GOCCs and GFIs, and R.A. 8292 in the GOCCs and GFIs, and R.A. 8292 in the case of SUCs; the
case of SUCs; the budget approved by the Sanggunian in the budget approved by the Sanggunian through an appropriations
case of LGUs; and the estimated contract cost in the case of ordinance in the case of LGUs multi-year contracts, for which
Foreign-funded Procurement. For purposes of, and a Multi-Year Obligational Authority (MYOA) or an equivalent
throughout this IRR, the terms ABC, Approved Budget for document is required, the ABC shall be that incorporated in the
the Contract, and Approved Budget shall have the same project cost reflected in the MYOA or equivalent document.

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meaning and shall be used interchangeably. For Foreign-
funded Procurement, the estimated contract cost for the For Foreign-funded Procurement, the ABC refers to the cost
project refers to the cost estimate prepared by the procuring estimate prepared by the Procuring Entity and approved by the
entity and approved by the foreign government/foreign or foreign government/foreign or international financing
international financing institution as specified in the Treaty or institution as specified in the Treaty or International or
International or Executive Agreement. Executive Agreement.

xxx xxx

r) Goods. Refer to all items, supplies, materials and general r) Goods. Refer to all items, supplies, materials and general
support services, except consulting services and infrastructure support services, except Consulting Services and infrastructure
projects, which may be needed in the transaction of public projects, which may be needed in the transaction of public
businesses or in the pursuit of any government undertaking, businesses or in the pursuit of any government undertaking,
project or activity, whether in the nature of equipment, project or activity, whether in the nature of equipment,
furniture, stationery, materials for construction, or personal furniture, stationery, materials for construction, or personal
property of any kind, including non-personal or contractual property of any kind, including non-personal or contractual
services, such as, the repair and maintenance of equipment services, such as, the repair and maintenance of equipment and
and furniture, as well as trucking, hauling, janitorial, security, furniture, as well as trucking, hauling, janitorial, security, and
and related or analogous services, as well as procurement of related or analogous services, as well as procurement of
materials and supplies provided by the procuring entity for materials and supplies provided by the procuring entity for
such services. The term related or analogous services such services. The term related or analogous services shall
shall include, but not be limited to, lease or purchase of office include, but not be limited to, lease of office space, media
space, media advertisements, health maintenance services, advertisements, health maintenance services, and other services
and other services essential to the operation of the procuring essential to the operation of the Procuring Entity.
entity.

xxx xxx

w) Non-expendable Supplies. Refer to articles which are not w) Non-expendable Supplies. Refer to articles which are not
consumed in use and ordinarily retain their original identity consumed in use and ordinarily retain their original identity
during the period of use, whose serviceable life is more than during the period of use, whose serviceable life is more than

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one (1) year and which add to the assets of the GOP (e.g., one (1) year and which add to the assets of the GOP (e.g.,
furniture, fixtures, transport and other equipment). furniture, fixtures, transport and other equipment). For this
IRR, the term non-expendable supplies shall include semi-
expendable property.

7.3. The APP shall be formulated and revised only in accordance with 7.3. The APP shall be formulated and revised only in accordance with
the following guidelines: the following guidelines:

7.3.1. At the start of every budget period, the procuring entity 7.3.1. Upon issuance of the budget call in the case of NGAs,
shall prepare its proposed budget for the succeeding SUCs, Constitutional Commissions or Offices, or similar
calendar year, taking into consideration the budget document for GOCCs, GFIs and LGUs, the Procuring
framework for that year in order to reflect its priorities and Entity shall prepare its indicative APP for the succeeding
objectives for the budget period. calendar year to support its proposed budget, taking into
consideration the budget framework for that year in order to
reflect its priorities and objectives.

7.3.2. In the preparation of the indicative APP, the end-user or


implementing units of the Procuring Entity shall formulate
7.3.2. The end-user units of the procuring entity shall prepare their their respective Project Procurement Management Plan
respective Project Procurement Management Plan (PPMP) (PPMP) for their different programs, activities, and projects
for their different programs, activities, and projects (PAPs). (PAPs). The PPMP shall include:
The PPMP shall include:
a) information on whether PAPs will be contracted out,
implemented by administration in accordance with the
guidelines issued by the GPPB, or consigned;
a) information on whether PAPs will be contracted out,
implemented by administration in accordance with the b) the type and objective of contract to be employed;
guidelines issued by the GPPB, or consigned;
c) the extent/size of contract scopes/packages;
b) the type and objective of contract to be employed;
d) the procurement methods to be adopted, and indicating

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c) the extent/size of contract scopes/packages; if the procurement tasks are to be outsourced as
provided in Section 7.3.3 of this IRR;
d) the procurement methods to be adopted, and indicating
if the procurement tasks are to be outsourced as e) the time schedule for each procurement activity and for
provided in Section 53.6 of this IRR; the contract implementation; and

e) the time schedule for each procurement activity and for f) the estimated budget for the general components of the
the contract implementation; and contract.

f) the estimated budget for the general components of the For purposes of this Section, consignment refers to an
contract. arrangement where the following requisites are present: (a)
delivery of goods by their owner (consignor), without sale,
For purposes of this Section, consignment refers to an to a government agency (consignee); (b) consignee must try
arrangement where the following requisites are present: (a) to sell the goods and remit the price of the sold goods to the
delivery of goods by their owner (consignor), without sale, consignor; (c) consignee accepts without any liability
to a government agency (consignee); (b) consignee must try except for failure to reasonably protect them from damage;
to sell the goods and remit the price of the sold goods to the (d) no disbursement of government funds is involved; and
consignor; (c) consignee accepts without any liability (e) at terms not disadvantageous to the GoP.
except for failure to reasonably protect them from damage;
(d) no disbursement of government funds is involved; and 7.3.3. In order to hasten project implementation, Procuring
(e) at terms not disadvantageous to the GOP. Entities which may not have the proficiency or capability to
undertake a particular procurement, as determined by the
HoPE concerned, may outsource the procurement tasks by:

a) Requesting other GoP agencies to undertake such


procurement for them, through the execution of a
memorandum of agreement containing specific
arrangements, stipulations and covenants, in accordance
with government budgeting, accounting and auditing
rules;

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b) Engaging private procurement agents to directly
undertake the procurement for them, subject to the
guidelines to be issued by the GPPB; or

c) Recruiting or engaging consultants to assist them


directly and/or train their staff in the management of the
procurement function.

7.3.4. The PPMP shall then be submitted to the procuring


entitys Budget Office for evaluation in order to ensure
consistency with the Procuring Entity's budget proposal
and compliance with existing budgeting rules. The
7.3.3. The PPMP shall then be submitted to the procuring entitys PPMPs included in the budget proposal shall be
Budget Office. The procuring entitys Budget Office shall forwarded to the BAC Secretariat for consolidation into
evaluate each end-users submitted PPMP and, if warranted, an indicative APP, and to the BAC for final
include it in the procuring entitys budget proposal for recommendation of the appropriate procurement
approval by the Head of the Procuring Entity. modality. For this purpose, the indicative APP shall
include the following:

a) Name of Procurement Project;


b) Procurement Management Office (PMO)/end-
user/implementing unit;
c) Method of Procurement;
d) Schedule of identified procurement activities as reflected
in the APP form approved by the GPPB;
e) Source of funds;
f) Indicative ABC; and
g) Other relevant descriptions of the project, if applicable.

The indicative APP and budget proposal shall be


simultaneously submitted to the HoPE and/or other

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oversight bodies for approval.

7.3.5. As soon as the GAA, corporate budget, or appropriation


ordinance, as the case may be, becomes final, the end-user
or implementing units shall revise and adjust the PPMPs to
reflect the budgetary allocation for their respective PAPs.
The revised PPMPs shall be submitted to the BAC, through
its Secretariat, for the final recommendation of the methods
of procurement. The indicative APP shall then be revised
and approved in accordance with Section 7.2 of this IRR.
The APP shall be submitted to the GPPB on or before the
7.3.4. After the budget proposal has been approved by the Head of end of January of the budget year, and shall be posted in
the Procuring Entity and/or other oversight bodies, the accordance with E.O. 662, series of 2007, as amended.
procuring entitys budget office shall furnish a copy of the
procuring entitys budget proposal as well as the 7.4. Changes to the individual PPMPs and the consolidated APP may
corresponding PPMPs to the BAC Secretariat for its review be undertaken every six (6) months or as often as may be required
and consolidation into the proposed APP. The proposed by the HoPE. The respective end-user or implementing units of
APP shall be consistent with the procuring entitys budget the Procuring Entitiy shall be responsible for the changes to the
proposal. PPMPs, while the BAC Secretariat shall be responsible for the
consolidation of these PPMPs into an APP, which shall be subject
7.3.5. As soon as the GAA, corporate budget, or appropriation to the approval of the HoPE.
ordinance, as the case may be, becomes final, the end-user
units shall revise and adjust the PPMP to reflect the 7.5. The ABC as reflected in the APP or PPMP shall be at all times
budgetary allocation for their respective PAPs. The revised consistent with the appropriations for the project authorized in the
PPMPs shall be submitted to the BAC, through its GAA, continuing, and automatic appropriations, the corporate
Secretariat, for the finalization of the modes of procurement budget, and the appropriation ordinance, as the case may be.
under the proposed APP. The APP shall then be approved
in accordance with Section 7.2 of this IRR. 7.6. To facilitate the immediate implementation of procurement of
Goods, Infrastructure Projects or Consulting Services, even
pending approval of the GAA, corporate budget or appropriations
ordinance, as the case may be, and notwithstanding Section 7.2

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hereof, the Procuring Entity may undertake the procurement
activities short of award.

7.4. Updating of the individual PPMPs and the consolidated APP for NGAs, SUCs, Constitutional Commissions or Offices are
each procuring entity shall be undertaken every six (6) months or encouraged to start their procurement activities immediately after
as often as may be required by the Head of the Procuring Entity. the National Expenditure Program (NEP) has been submitted by
The updating of the PPMPs shall be the responsibility of the the President to Congress, provided that the HoPE has approved
respective end-user units of the Procuring Entities, while the the corresponding indicative APP. This will facilitate the
consolidation of these PPMPs into an APP shall be lodged with awarding of procurement contracts after the enactment of the
the BAC Secretariat, subject to approval of the Head of the GAA, enabling the timely implementation and completion of
Procuring Entity. programs and projects.

For a contract with a period not exceeding one (1) year, the ABC
shall be based on the amount in the indicative APP as included in
the proposed national budget submitted by the President to
7.5. The ABC as reflected in the APP or PPMP shall be at all times Congress; for GOCCs, on budget levels as proposed to the
consistent with the appropriations for the project authorized in the governing board; or for LGUs, on budget levels as proposed in the
GAA, continuing, and automatic appropriations, the corporate executive budget submitted to the Sanggunian. In the case of
budget, and the appropriation ordinance, as the case may be. For multi-year contracts, for which a MYOA or an equivalent
NGAs, to facilitate the immediate implementation of projects document is required, the ABC shall be the amount reflected in
even pending approval of the GAA, the ABC shall be based on the MYOA or equivalent document.
the budget levels under the proposed national budget submitted
by the President to Congress. No award of contract shall be made until the GAA, corporate
budget or appropriations ordinance, as the case may be, has been
approved or enacted.

8.4. Pre-bid Conferences and Notices under the PhilGEPS 8.4. Pre-bid Conferences and Notices under the PhilGEPS

8.4.1. Pre-bid conferences shall be conducted in accordance with 8.4.1. Pre-bid conferences shall be conducted in accordance with
Section 22 of this IRR: Provided, however, That the Section 22 of this IRR.
requirement for face-to-face bidding conference may be

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replaced once videoconferencing, webcasting, or similar
technology becomes the norm in business transactions in the
country. Procuring Entities with videoconferencing
capabilities that have manufacturers, suppliers, distributors,
contractors and/or consultants that also have
videoconferencing capabilities may conduct their pre-
bidding conferences electronically.

8.5. Registration, Eligibility Requirements and Submission of Bids 8.5. Registration, Eligibility Requirements and Submission of Bids
under the PhilGEPS under the PhilGEPS

8.5.1. To ensure the widest dissemination of the Invitation to 8.5.1. To ensure the widest dissemination of the Invitation to
Bid/Request for Expression of Interest, xxx Bid/Request for Expression of Interest, xxx

8.5.2. Eligibility requirements may be sent electronically or 8.5.2. All bidders shall upload and maintain in PhilGEPS a current
manually to the PhilGEPS. When a manufacturer, supplier, and updated file of the following Class A eligibility
distributor, contractor, or consultant registers with documents under Sections 23.1(a) and 24.1(a):
PhilGEPS, it shall submit along with the requirements a
certification stating that the documents submitted are a) Registration Certificate;
complete and authentic copies of the original, and all b) Mayors/Business Permit or its Equivalent Document;
statements and information provided therein are true and c) Tax Clearance;
correct. Upon confirmation, validation, and verification of d) Philippine Contractors Accreditation Board (PCAB)
the documents submitted, PhilGEPS may issue, in favor of license and registration; and
the registered entity, a Certificate of Registration and e) Audited Financial Statements.
Membership that contains the certification mentioned in the
preceding sentence. For Foreign Bidders, the foregoing documents may be
substituted by the appropriate equivalent documents in
English, if any, issued by the country of the bidder
concerned. Otherwise, it must be accompanied by a
translation of the documents in English issued by the
relevant foreign government agency, the foreign government

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agency authorized to translate documents, or a registered
translator in the foreign bidders country; and shall be
authenticated by the appropriate Philippine foreign service
establishment/post or the equivalent office having
jurisdiction over the foreign bidders affairs in the
Philippines.

These documents shall be accompanied by a Sworn


Statement in a form prescribed by the GPPB stating that the
documents submitted are complete and authentic copies of
the original, and all statements and information provided
therein are true and correct. Upon receipt of the said
documents, the PhilGEPS shall process the same in
accordance with the guidelines on the Government of the
Philippines Official Merchants Registry (GoP-OMR).

11.2. BAC Composition 11.2. BAC Composition

11.2.1. The Head of the Procuring Entity shall xxx 11.2.1. The Head of the Procuring Entity shall xxx

11.2.2. The BAC for NGAs, departments, bureaus, offices, or 11.2.2. The BAC for NGAs, departments, bureaus, offices, or
instrumentalities of the GOP, including the judicial and instrumentalities of the GoP, including the judicial and
legislative branches, constitutional commissions, SUCs, legislative branches, constitutional commissions, SUCs,
GOCCs, and GFIs shall be composed of the following: GOCCs, and GFIs shall be composed of the following:

Regular Members: Regular Members:

a) Chairman, who is at least a third ranking permanent a) Chairperson, who is at least a third (3rd) ranking
official of the procuring entity; permanent official of the Procuring Entity;

b) An officer, who is at least a fifth (5th) ranking

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b) An officer, who is at least a fifth ranking permanent permanent official, or if not available, an officer of the
official, with knowledge, experience and/or expertise next lower rank with knowledge, experience and/or
in procurement who, to the extent possible, represents expertise in procurement who, to the extent possible,
the legal or administrative area of the procuring entity, represents the legal or administrative area of the
provided that in the case of bureaus, regional offices Procuring Entity: Provided, That in the case of
and sub-regional/district offices, BAC members shall bureaus, regional offices and sub-regional/district
be at least a third ranking permanent personnel; offices, BAC members shall be at least a third (3rd)
ranking permanent personnel or if not available, an
officer of the next lower rank;
c) An officer, who is at least a fifth ranking permanent
official, with knowledge, experience and/or expertise c) An officer, who is at least a fifth (5th) ranking
in procurement who, to the extent possible, represents permanent official, or if not available, an officer of the
the finance area of the procuring entity, provided that next lower rank with knowledge, experience and/or
in the case of bureaus, regional offices and sub- expertise in procurement who, to the extent possible,
regional/district offices, BAC members shall be at represents the finance area of the Procuring Entity :
least a third ranking permanent personnel; Provided, That in the case of bureaus, regional offices
and sub-regional/district offices, BAC members shall
be at least a third (3rd) ranking permanent personnel
or if not available, an officer of the next lower
rank;
Provisional Members:
Provisional Members:
d) An officer who has technical expertise relevant to the
procurement at hand, and, to the extent possible, has d) An officer who has technical expertise relevant to the
knowledge, experience and/or expertise in procurement at hand, and, to the extent possible, has
procurement; and knowledge, experience and/or expertise in
procurement; and
e) A representative from the end user unit who has
knowledge of procurement laws and procedures. e) A representative from the end user or implementing
unit who has knowledge of procurement laws and
procedures. When procurement tasks are

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outsourced to another GoP agency as a
procurement agent pursuant to Section 7.3.3, a
representative from the Procuring Entity may be
designated as a provisional member to the BAC.
For this purpose, the procuring entity shall
recommend the provisional member to be
designated.

The Chairman and the Vice-Chairman shall also be The Chairmanperson and the Vice-Chairmanperson shall
designated by the Head of the procuring entity. Moreover, also be designated by the Head of the procuring entity
the Vice-Chairman shall be a regular member of the BAC. HoPE. Moreover, the Vice-Chairmanperson shall be a
For purposes of this IRR, the term permanent shall refer regular member of the BAC. For purposes of this IRR, the
to a plantilla position within the procuring entity term permanent shall refer to a plantilla position within
concerned. the Procuring Entity concerned.

11.2.3. The BAC for Local Government Units shall be composed 11.2.3. The BAC for Local Government Units shall be composed
of the following: of the following:

a.) For Provinces, Cities, and Municipalities

a) One representative each from the regular offices under a i) One representative each from the regular offices
the Office of the Local Chief Executive such as, but under the Office of the Local Chief Executive such
not limited to, the following: Office of the as, but not limited to, the following: Office of the
Administrator, Budget Office, Legal Office, Administrator, Budget Office, Legal Office,
Engineering Office, General Services Offices; and Engineering Office, General Services Offices; and

b) A representative from the end user unit. b ii) A representative from the end user unit.

The members shall elect among themselves who shall act The members shall elect among themselves who shall act
as the Chairman and Vice-Chairman. The Chairman of the as the Chairmanperson and Vice- Chairmanperson shall
BAC shall be at least a third ranking permanent official of be designated by the Local Chief Executive. The

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the procuring entity. The members of the BAC shall be Chairperson of the BAC shall be at least a third (3rd)
personnel occupying plantilla positions of the procuring ranking permanent official of the Procuring Entity. The
entity concerned. members of the BAC shall be personnel occupying
plantilla positions of the Procuring Entity concerned.

b.) For Barangays

i) The BAC shall be composed of at least five (5), but


not more than seven (7) regular members of the
Sangguniang Barangay, except the Punong
Barangay.

ii) The Punong Barangay, being the Local Chief


Executive, shall designate the Chairperson, Vice-
Chairperson, and members of the BAC.

11.2.4. The Head of the Procuring Entity may designate alternate 11.2.4. The HoPE may designate alternate BAC members, who
members to the BAC, who shall have the same shall have the same qualifications as as that of the
qualifications as their principals as set in the Act and this members originally designated under Section 11.2.2 of
IRR. The alternate members shall attend meetings of the this IRR. The alternate members shall attend meetings of
BAC and receive the corresponding honoraria, whenever the BAC and receive the proportionate honoraria,
their principals are absent. The alternate members shall whenever the original members are absent. The alternate
have the same term as their principals. The accountability members shall have the same term as the original
of the principal and the alternate member shall be limited members.
to their respective acts and decisions.

11.2.5. In no case shall the Head of the Procuring Entity and/or 11.2.5. In no case shall the HoPE and/or the approving authority
the approving authority be the Chairman or a member of be the Chairperson or a member of the BAC.

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the BAC.
11.2.6. Unless sooner removed for a cause, the members of the
11.2.6. Unless sooner removed for a cause, the members of the BAC shall have a fixed term of one (1) year reckoned
BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion
from the date of appointment, renewable at the discretion of the HoPE. Upon expiration of the terms of the current
of the Head of the Procuring Entity. Upon expiration of members, they shall continue to exercise their functions
the terms of the current members, they shall continue to until new BAC members are designated. In case of
exercise their functions until new BAC members are resignation, retirement, separation, transfer, re-
designated. In case of resignation, retirement, separation, assignment, removal, or death, the replacement shall serve
transfer, re-assignment, removal, or death, the only for the unexpired term: Provided, however, That in
replacement shall serve only for the unexpired term: case of leave or suspension, the replacement shall serve
Provided, however, That in case of leave or suspension, only for the duration of the leave or suspension. For
the replacement shall serve only for the duration of the justifiable causes, a member shall be suspended or
leave or suspension. For justifiable causes, a member removed by the HoPE.
shall be suspended or removed by the Head of the
Procuring Entity.

Section 12. Functions of the BAC Section 12. Functions of the BAC

12.1. The BAC shall have the following functions: (a) advertise 12.1. The BAC shall have the following functions: (a) advertise
and/or post the invitation to bid/request for expressions of and/or post the invitation to bid/request for expressions of
interest; (b) conduct pre-procurement and pre-bid interest; (b) conduct pre-procurement and pre-bid
conferences; (c) determine the eligibility of prospective conferences; (c) determine the eligibility of prospective
bidders; (d) receive bids; (e) conduct the evaluation of bids; bidders; (d) receive and open bids; (e) conduct the
(f) undertake post-qualification proceedings; (g) resolve evaluation of bids; (f) undertake post-qualification
motions for reconsideration; (h) recommend award of proceedings; (g) resolve requests for reconsideration; (h)
contracts to the Head of the Procuring Entity or his duly recommend award of contracts to the HoPE or his duly
authorized representative: (i) recommend the imposition of authorized representative: (i) recommend the imposition of
sanctions in accordance with Rule XXIII; (j) recommend to sanctions in accordance with Rule XXIII; (j) recommend to
the Head of the Procuring Entity the use of Alternative the HoPE the use of Alternative Methods of Procurement as
Methods of Procurement as provided for in Rule XVI provided for in Rule XVI hereof; (k) conduct any of the

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hereof; and (k) perform such other related functions as may Alternative Methods of Procurement; (l) conduct periodic
be necessary, including the creation of a Technical Working assessment of the procurement processes and procedures to
Group (TWG) from a pool of technical, financial, and/or streamline procurement activities pursuant to Section 3(c)
legal experts to assist in the procurement process, of this IRR; and (m) perform such other related functions as
particularly in the eligibility screening, evaluation of bids, may be necessary, including the creation of a Technical
and post-qualification. Working Group (TWG) from a pool of technical, financial,
and/or legal experts to assist in the following:

1.) Review of the Technical Specifications, Scope of


Work, and Terms of Reference;
2.) Review of Bidding Documents;
3.) Shortlisting of Consultants;
4.) Eligibility Screening;
5.) Evaluation of Bids;
6.) Post-Qualification; and
7.) Resolution of Request for Reconsideration.

To the extent possible, the BAC in central offices shall


render necessary assistance to its regional or lower office
BACs to facilitate the conduct of procurement from pre-
procurement conference to the post-qualification stage.

12.2. The BAC shall be responsible for ensuring that the


Procuring Entity abides by the standards set forth by the Act
and this IRR, and it shall prepare a Procurement Monitoring
Report (PMR) in the form prescribed by the GPPB. The
12.2. The BAC shall be responsible for ensuring that the procurement monitoring report PMR shall cover all
procuring entity abides by the standards set forth by the Act procurement activities specified in the APP, whether
and this IRR, and it shall prepare a procurement monitoring ongoing and completed, from the holding of the pre-
report in the form prescribed by the GPPB. The procurement conference to the issuance of notice of award
procurement monitoring report shall cover all procurement and the approval of the contract, including the standard and

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activities specified in the APP, whether ongoing and actual time for each major procurement activity. The PMR
completed, from the holding of the pre-procurement shall be approved and submitted by the HoPE to the GPPB
conference to the issuance of notice of award and the in printed and electronic format within fourteen (14)
approval of the contract, including the standard and actual calendar days after the end of each semester. The PMR
time for each major procurement activity. The procurement shall likewise be posted in accordance with E.O. 662, s.
monitoring report shall be approved and submitted by the 2007, as amended.
Head of the Procuring Entity to the GPPB in printed and
electronic format within fourteen (14) calendar days after 12.3. Quorum
the end of each semester.
A majority of the total BAC composition as designated by
the HoPE shall constitute a quorum for the transaction of
business, provided that the presence of the Chairperson or
12.3. Quorum Vice- Chairperson shall be required.

A majority of the total BAC composition as designated by 12.4. Meetings


the Head of the Procuring Entity shall constitute a quorum
for the transaction of business, provided that the presence of The Chairperson or, in his absence, the Vice- Chairperson,
the Chairman or Vice-Chairman shall be required. shall preside at all meetings of the BAC. The decision of at
least a majority of those present at a meeting at which there
is quorum shall be valid and binding as an act of the BAC:
12.4. Meetings Provided, however, That the Chairperson or, in his absence,
the Vice- Chairperson, shall vote only in case of a tie.
The Chairman or, in his absence, the Vice-Chairman, shall
preside at all meetings of the BAC. The decision of at least
a majority of those present at a meeting at which there is
quorum shall be valid and binding as an act of the BAC:
Provided, however, That the Chairman or, in his absence,
the Vice-Chairman, shall vote only in case of a tie.

Section 13. Observers Section 13. Observers

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13.1. To enhance the transparency of the process, the BAC shall, 13.1. To enhance the transparency of the process, the BAC shall,
in all stages of the procurement process, invite, in addition during the eligibility checking, shortlisting, pre-bid
to the representative of the COA, at least two (2) observers, conference, preliminary examination of bids, bid evaluation,
who shall not have the right to vote, to sit in its proceedings and post-qualification, invite, in addition to the
where: representative of the COA, at least two (2) observers, who
shall not have the right to vote, to sit in its proceedings
where:

1. At least one (1) shall come from a duly recognized 1. At least one (1) shall come from a duly recognized
private group in a sector or discipline relevant to the private group in a sector or discipline relevant to the
procurement at hand, for example: procurement at hand, for example:

a) For infrastructure projects, national associations of a) For Infrastructure Projects, national associations of
constructors duly recognized by the Construction constructors duly recognized by the Construction
Industry Authority of the Philippines (CIAP), such Industry Authority of the Philippines (CIAP), such
as, but not limited to the following: as, but not limited to the following:

(1) Philippine Constructors Association, Inc.; (1) Philippine Constructors Association, Inc.; or
(2) National Constructors Association of the (2) National Constructors Association of the
Philippines, Inc.; and Philippines, Inc.
(3) Philippine Institute of Civil Engineers (PICE).
b) For Goods, a specific relevant chamber-member of
b) For goods, a specific relevant chamber-member of the Philippine Chamber of Commerce and Industry.
the Philippine Chamber of Commerce and Industry.
c) For Consulting Services, a project-related
professional organization accredited or duly
c) For consulting services, a project-related recognized by the Professional Regulation
professional organization accredited or duly Commission or the Supreme Court, such as, but not
recognized by the Professional Regulation limited to:
Commission or the Supreme Court, such as, but not
limited to: (1) Philippine Institute of Civil Engineers (PICE);

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(2) Philippine Institute of Certified Public
(1) PICE; Accountants (PICPA); and or
(2) Philippine Institute of Certified Public (3) Confederation of Filipino Consulting
Accountants (PICPA); and Organizations; and
(3) Confederation of Filipino Consulting
Organizations; and 2. The other observer shall come from a non-government
organization (NGO).
2. The other observer shall come from a non-government
organization (NGO). 13.2. The observers shall come from an organization duly
registered with the Securities and Exchange Commission
13.2. The observers shall come from an organization duly (SEC) or the Cooperative Development Authority (CDA),
registered with the Securities and Exchange Commission and should meet the following criteria:
(SEC) or the Cooperative Development Authority (CDA),
and should meet the following criteria: a) Knowledge, experience or expertise in procurement
or in the subject matter of the contract to be bid;
a) Knowledge, experience or expertise in procurement b) Absence of actual or potential conflict of interest in
or in the subject matter of the contract to be bid; the contract to be bid; and
b) Absence of actual or potential conflict of interest in c) Any other relevant criteria that may be determined
the contract to be bid; and by the BAC.
c) Any other relevant criteria that may be determined
by the BAC. 13.3. Observers shall be invited at least three five (3 5) calendar
days before the date of the procurement stage/activity. The
13.3. Observers shall be invited at least three (3) calendar days absence of observers will not nullify the BAC proceedings:
before the date of the procurement stage/activity. The Provided that, they have been duly invited in writing. The
absence of observers will not nullify the BAC proceedings, Procuring Entities should ensure that the invitation is
provided that they have been duly invited in writing.(a) received at least five (5) calendar days before each
procurement activity. In the event that a procurement
activity has to be postponed, the observers shall be
notified immediately of the change in schedule.

13.4. The observers shall have the following responsibilities:

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a) To prepare the report either jointly or separately


13.4. The observers shall have the following responsibilities: indicating their observations made on the procurement
activities conducted by the BAC for submission to the
a) To prepare the report either jointly or separately HoPE, copy furnished the BAC Chairperson. The report
indicating their observations made on the procurement shall assess the extent of the BACs compliance with the
activities conducted by the BAC for submission to the provisions of this IRR and areas of improvement in the
Head of the Procuring Entity, copy furnished the BAC BACs proceedings;
Chairman. The report shall assess the extent of the
BACs compliance with the provisions of this IRR and b) To submit their report to the Procuring Entity and
areas of improvement in the BACs proceedings; furnish a copy to the GPPB and Office of the
Ombudsman/Resident Ombudsman. If no report is
submitted by the observer within seven (7) calendar
b) To submit their report to the procuring entity and days, then it is presumed that the bidding activity
furnish a copy to the GPPB and Office of the conducted by the BAC followed the correct procedure;
Ombudsman/Resident Ombudsman. If no report is and
submitted by the observer, then it is understood that the
bidding activity conducted by the BAC followed the c) To immediately inhibit and notify in writing the
correct procedure; and Procuring Entity concerned of any actual or potential
interest in the contract to be bid.

c) To immediately inhibit and notify in writing the 13.5. Observers shall be allowed access to or be provided with
procuring entity concerned of any actual or potential the following documents free of charge upon their request,
interest in the contract to be bid. subject to signing of a confidentiality agreement: (a)
minutes of BAC meetings; (b) abstract of Bids; (c) post-
13.5. Observers shall be allowed access to the following qualification summary report; (d) APP and related PPMP;
documents upon their request, subject to signing of a and (e) opened proposals. In all instances, observers shall
confidentiality agreement: (a) minutes of BAC meetings; be required to enter into a confidentiality agreement with
(b) abstract of Bids; (c) post-qualification summary report; the concerned Procuring Entity in accordance with the
(d) APP and related PPMP; and (e) opened proposals. form prescribed by the GPPB.

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Section 14. BAC Secretariat Section 14. BAC Secretariat / Procurement Unit

14.1. The Head of the Procuring Entity shall create a Secretariat 14.1. The HoPE shall create a Secretariat which will serve as the
which will serve as the main support unit of the BAC. An main support unit of the BAC. An existing organic office
existing organic office within the procuring entity may also within the Procuring Entity may also be designated to serve
be designated to serve as Secretariat. However, to as Secretariat. However, to strengthen and promote the
strengthen and promote the professionalization of the professionalization of the organizations procuring unit, the
organizations procuring unit, the Head of the Procuring HoPE may create procurement units that may serve
Entity may create procurement units that may serve concurrently as BAC Secretariat in accordance with the
concurrently as BAC Secretariat in accordance with the guidelines issued by DBM. The Secretariat shall have the
guidelines issued by DBM. The Secretariat shall have the following functions and responsibilities:
following functions and responsibilities:
a) Provide administrative support to the BAC and the
TWG;
a) Provide administrative support to the BAC;
b) Organize and make all necessary arrangements for BAC
and the TWG meetings and conferences;
b) Organize and make all necessary arrangements for BAC
meetings and conferences; c) Prepare minutes of meetings and resolutions of the
BAC;
c) Prepare minutes of meetings and resolutions of the
BAC; d) Take custody of procurement documents and other
records and ensure that all procurements undertaken by
d) Take custody of procurement documents and other the Procuring Entity are properly documented;
records;
e) Manage the sale and distribution of Bidding Documents
to interested bidders;

e) Manage the sale and distribution of Bidding Documents f) Advertise and/or post bidding opportunities, including
to interested bidders; Bidding Documents, and notices of awards;

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f) Advertise and/or post bidding opportunities, including g) Assist in managing the procurement processes;
Bidding Documents, and notices of awards;
h) Monitor procurement activities and milestones for
g) Assist in managing the procurement processes; proper reporting to relevant agencies when required;

h) Monitor procurement activities and milestones for i) Consolidate PPMPs from various units of the Procuring
proper reporting to relevant agencies when required; Entity to make them available for review as indicated in
Section 7 of this IRR and prepare the APP; and
i) Consolidate PPMPs from various units of the procuring
entity to make them available for review as indicated in j) Act as the central channel of communications for the
Section 7 of this IRR; and BAC with end users or implementing units, PMOs,
other units of the line agency, other government
agencies, providers of goods, infrastructure projects,
j) Act as the central channel of communications for the and consulting services, observers, and the general
BAC with end users, PMOs, other units of the line public.
agency, other government agencies, providers of goods,
infrastructure projects, and consulting services, 14.2. In case of an existing ad hoc Secretariat, the HoPE shall
observers, and the general public. assign full-time support staff to their BAC Secretariat.
The head of the Secretariat in central offices shall be at least
a fifth (5th) ranking permanent employee or, if not available,
14.2. The head of the Secretariat in central offices shall be at least a permanent official employee of the next lower rank; or
a fifth ranking permanent employee or, if not available, a shall be at least a third (3rd) ranking permanent employee in
permanent official of the next lower rank; or shall be at least bureaus, regional offices and sub-regional/ district offices,
a third ranking permanent employee in bureaus, regional or if not available, a permanent employee of the next lower
offices and sub-regional/ district offices, or if not available, rank. In addition to integrity, Heads of Procuring Entities
a permanent employee of the next lower rank. In addition shall consider procurement proficiency as a factor in
to integrity, Heads of Procuring Entities shall consider designating the head of the Secretariat and Procurement
procurement proficiency as a factor in designating the head Unit.
of the Secretariat and Procurement Unit.(a)
14.3. To expedite the procurement process, the Head of the
Procuring Entity HoPE shall ensure that the members of the

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BAC, its Secretariat and TWG, shall give utmost priority to
14.3. To expedite the procurement process, the Head of the BAC assignments over all other duties and responsibilities,
Procuring Entity shall ensure that the members of the BAC until the requirements for the said assignments at hand are
and TWG shall give utmost priority to BAC assignments completed.
over all other duties and responsibilities, until the
requirements for the said assignments at hand are
completed.

Section 16. Professionalization of BAC, TWG Members and Section 16. Professionalization of BAC, TWG Members and
Procurement Units Procurement Units

The GPPB shall establish a sustained training program to develop the The GPPB shall establish a sustained training program to develop the
capability of the BACs, BAC Secretariats, TWGs, and the Procurement capability of the BACs, BAC Secretariats, TWGs, and the Procurement
Units of Procuring Entities, and professionalize the same. Units of Procuring Entities, and professionalize the same.

The HoPE shall ensure that the BAC, its Secretariat and TWG
members, including other relevant procurement personnel are sent to
attend procurement training or capacity development program. Within
six (6) months upon designation, the BAC, its Secretariat and TWG
members should have satisfactorily completed such training or
program conducted, authorized or accredited by the GPPB through its
Technical Support Office.

The HoPE is encouraged to attend similar procurement training and


capacity development activities.

Section 17. Form and Contents of Bidding Documents Section 17. Form and Contents of Bidding Documents

17.1. The Bidding Documents xxx 17.1. The Bidding Documents xxx

17.2. The specifications and other terms in the Bidding 17.2. The specifications and other terms in the Bidding

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Documents shall reflect minimum requirements or Documents shall reflect the necessary specifications
specifications required to meet the needs of the procuring required to meet the needs of the Procuring Entity in clear
entity in clear and unambiguous terms. and unambiguous terms.

In mixed procurements, the Procuring Entity shall specify in


the Bidding Documents 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 Bidding Documents, the Procuring Entity
shall ensure compliance with existing laws, rules and
regulations, especially those concerning licenses and
permits required for the project, in accordance with Section
34.2 of this IRR.

17.3. To provide prospective bidders ample time to examine the


17.3. To provide prospective bidders ample time to examine the Bidding Documents and to prepare their respective bids, the
Bidding Documents and to prepare their respective bids, the concerned BAC shall make the Bidding Documents from
concerned BAC shall make the Bidding Documents for the the time the Invitation to Bid / Request for Expression of
contract to be bid available for the following period: Interest is first advertised/posted until the deadline for the
submission and receipt of bids.

17.4. Bidders may be asked to pay a fee to recover the cost for the
preparation and development of the Bidding Documents
a) For the procurement of goods and infrastructure pursuant to the Guidelines on the Sale of Bidding
projects, from the time the Invitation to Bid is first Documents. The Procuring Entity shall post the complete
advertised/posted until the deadline for the submission Bidding Documents at its website and the PhilGEPS
and receipt of bids. website from the time the Invitation to Bid/Request for
Expression of Interest is advertised. Bidding Documents
b) For the procurement of consulting services, eligibility may be downloaded from any of the said websites:
documents shall be made available from the time the Provided, That upon submission of their bids, the
Request for Expression of Interest is first bidders shall pay the applicable fee, if required. The

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advertised/posted until the deadline for the eligibility Bidding Documents may also be secured from the BAC
check, and the Bidding Documents, from the Secretariat upon payment of the corresponding fee, if
determination of the short list until the deadline for the required.
submission and receipt of bids.
17.5. The procuring entity shall also post the Bidding Documents
17.4. Bidders may be asked to pay for the Bidding Documents to Fee at its website and at the PhilGEPS website from the
recover the cost of its preparation and development. The time that the Invitation to Bid/Request for Expression of
BAC shall issue the Bidding Documents upon payment of Interest is advertised. Prospective bidders may download
the corresponding cost thereof to the collecting/disbursing the Bidding Documents from any of the said websites;
officer of the procuring entity concerned. Provided that, bidders shall pay the fee for the Bidding
Documents upon submission of their Bids may be
refunded in accordance with the aforementioned
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

No bidding and award of contract for Infrastructure Projects


shall be made unless the detailed engineering investigations,
surveys and designs, including the acquisition of the ROW,
for the project have been sufficiently carried out and duly
approved in accordance with the standards and
17.5. The procuring entity shall also post the Bidding Documents specifications prescribed by the Head of the Procuring
at its website and at the PhilGEPS website from the time Entity HoPE concerned or his duly authorized
that the Invitation to Bid/Request for Expression of Interest representative, and in accordance with the provisions of
is advertised. Prospective bidders may download the Annex A of this IRR. In case of projects with pending
Bidding Documents from any of the said websites; acquisition of right-of-way site or location, the
Provided that, bidders shall pay the fee for the Bidding procurement process may
Documents upon submission of their Bids. commence, but no award of contract shall be made until
an authority or permit to enter is issued by the property

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owner; or a notarized deed of sale or deed of donation is
executed in favor of the government; or a writ of possession
is issued by a court of competent jurisdiction, as the case
17.6. Detailed Engineering for the Procurement of Infrastructure may be.
Projects
The exception is in case of design and build scheme,
No bidding and award of contract for infrastructure projects wherein the bidders shall be allowed to submit its detailed
shall be made unless the detailed engineering investigations, engineering designs as part of its bid. The procedures for
surveys and designs, including the acquisition of the ROW, the procurement and contract implementation of
for the project have been sufficiently carried out and duly infrastructure projects using a design and build scheme shall
approved in accordance with the standards and be in accordance with the provisions of Annex G of this
specifications prescribed by the Head of the Procuring IRR.
Entity concerned or his duly authorized representative, and
in accordance with the provisions of Annex A of this
IRR.

The exception is design and build scheme, wherein the


bidders shall be allowed to submit its detailed engineering
designs as part of its bid. The procedures for the
procurement and contract implementation of infrastructure
projects using a design and build scheme shall be in
accordance with the provisions of Annex G of this IRR.

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Section 18. Reference to Brand Names Section 18. Reference to Brand Names

Specifications for the procurement of goods shall be based on relevant Specifications for the procurement of goods shall be based on relevant
characteristics and/or performance requirements. Reference to brand characteristics, functionality and/or performance requirements.
names shall not be allowed. 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 of the equipment.

Section 20. Pre-procurement Conference Section 20. Pre-procurement Conference

20.1. Prior to the advertisement or the issuance of the Invitation 20.1. Prior to the advertisement or the issuance of the Invitation
to Bid/Request for Expression of Interest for each to Bid/Request for Expression of Interest for each
procurement undertaken through a public bidding, the BAC, procurement undertaken through a public bidding, the BAC,
through its Secretariat, shall call for a pre-procurement through its Secretariat, shall call for a pre-procurement
conference. The pre-procurement conference shall be conference. The pre-procurement conference shall be
attended by the BAC, the Secretariat, the unit or officials, attended by the BAC, the Secretariat, the unit or officials,
including consultants hired by the procuring entity, who including consultants hired by the Procuring Entity, who
prepared the Bidding Documents and the draft Invitation to prepared the Bidding Documents and the draft Invitation to
Bid/Request for Expression of Interest for each Bid/Request for Expression of Interest for each
procurement. During this conference, the participants, led procurement. During this conference, the participants, led
by the BAC, shall: by the BAC, shall:

a) Confirm the description and scope of the contract, the a) Confirm the description and scope of the contract, the
ABC, and contract duration. ABC, and contract duration.

b) Ensure that the procurement is in accordance with the b) Ensure that the procurement is in accordance with the
project and annual procurement plans; PPMP and APP;

c) Determine the readiness of the procurement at hand, c) Determine the readiness of the procurement at hand,

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including, among other aspects, the following: including, among other aspects, the following:

i) availability of appropriations and programmed i) availability of appropriations and programmed


budget for contract; budget for contract. For the purpose of pre-
procurement conference, pending the approval or
enactment of the GAA, corporate budget or
appropriations ordinances, as the case may be, the
certification of availability of funds refers to the
amount in the indicative APP consistent with the
NEP, or MYOA or its equivalent document, the
proposed corporate budget or executive budget, in
accordance with Section 7.6 of this IRR on
procurement activities short of award;

ii) completeness of the Bidding Documents and their ii) completeness of the Bidding Documents and their
adherence to relevant general procurement adherence to relevant general procurement
guidelines; guidelines;

iii) completion of the detailed engineering according to iii) completion of the detailed engineering according to
the prescribed standards in the case of infrastructure the prescribed standards in the case of Infrastructure
projects; and Projects; and

iv) confirmation of the availability of ROW and the iv) confirmation of the availability of right-of-way site
ownership of affected properties. or location, and the possession of affected
properties, subject to Section 17.6 of this IRR.
xxx
xxx

Section 21. Advertising and Contents of the Invitation to Bid/Request Section 21. Advertising and Contents of the Invitation to Bid/Request
for Expression of Interest for Expression of Interest

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21.1. Contents of the Invitation to Bid/Request for Expression of 21.1. Contents of the Invitation to Bid/Request for Expression of
Interest Interest

The Invitation to Bid/Request for Expression of Interest The Invitation to Bid/Request for Expression of Interest
shall provide prospective bidders the following information, shall provide prospective bidders the following information,
among others: among others:

a) For the procurement of: a) For the procurement of:

xxx xxx

b) The name of the project, identification and number of


lots or items specific to the bidding, as well as the basis
of evaluation of the project, lots, or items, where
applicable;

b) A general statement on the criteria to be used by the c) A general statement on the criteria to be used by the
procuring entity for the eligibility check, the short Procuring Entity for the eligibility check, the short
listing of prospective bidders, in the case of the listing of prospective bidders, in the case of the
procurement of consulting services, the examination and procurement of Consulting Services, the examination
evaluation of bids, post-qualification, and award; and evaluation of bids, post-qualification, and award;

c) The date, time and place of the deadline for the d) The date, time and place of the deadline for the
submission and receipt of the eligibility requirements, submission and receipt of the eligibility requirements,
the pre-bid conference if any, the submission and receipt the pre-bid conference if any, the submission and receipt
of bids, and the opening of bids; of bids, and the opening of bids;

d) ABC to be bid; e) ABC for the project, lot, or item to be bid;

e) The source of funding; e f) The source of funding;

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f) The period of availability of the Bidding Documents, f g) The period of availability of the Bidding Documents,
the place where the Bidding Documents may be the place where the Bidding Documents may be
secured, the website where the Bidding Documents may secured, the time and website where the Bidding
be downloaded, and, where applicable, the price of the Documents may be secured or downloaded, and, where
Bidding Documents; applicable required, the price of the Bidding
Documents, in accordance with Section 17.4 of this
IRR;

g) The contract duration or delivery schedule; g h)The contract duration or delivery schedule;

h) The name, address, telephone number, facsimile h i) The name, address, telephone number, facsimile
number, e-mail and website addresses of the concerned number, e-mail and website addresses of the concerned
procuring entity, as well as its designated contact Procuring Entity, as well as its designated contact
person; and person; and

i) Such other necessary information deemed relevant by i j) Such other necessary information deemed relevant by
the procuring entity. the Procuring Entity.

21.2. Advertising and Posting of the Invitation to Bid/Request for 21.2. Advertising and Posting of the Invitation to Bid/Request for
Expression of Interest Expression of Interest

21.2.1. Except as otherwise provided in Sections 21.2.2 21.2.1. Except as otherwise provided in Sections 21.2.2
and 54.2 of this IRR and for the procurement of and 54.2 of this IRR and for the procurement of
common-use goods and supplies, the Invitation to common-use goods and supplies, the Invitation to
Bid/Request for Expression of Interest shall be: Bid/Request for Expression of Interest shall be:

a) Advertised at least once in one (1) newspaper a c) Advertised at least once in one (1) newspaper
of general nationwide circulation which has of general nationwide circulation which has
been regularly published for at least two (2) been regularly published for at least two (2)
years before the date of issue of the years before the date of issue of the
advertisement; advertisement; : Provided, That

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advertisement shall not be required for
contracts to be bid with an ABC of Ten
Million Pesos (10,000,000.00) and below for
the procurement of goods, Fifteen Million
Pesos (15,000,000.00) and below for the
procurement of Infrastructure Projects, and
Five Million Pesos (5,000,000.00) and below
for the procurement of Consulting Services.

b) Posted continuously in the PhilGEPS website,


b) Posted continuously in the PhilGEPS website, the website of the Procuring Entity concerned,
the website of the procuring entity concerned, if available, and the website prescribed by the
if available, and the website prescribed by the foreign government/foreign or international
foreign government/foreign or international financing institution, if applicable, for seven
financing institution, if applicable, for seven (7) calendar days starting on date of
(7) calendar days starting on date of advertisement; and
advertisement; and
a) Posted at any conspicuous place reserved for
c) Posted at any conspicuous place reserved for this purpose in the premises of the Procuring
this purpose in the premises of the procuring Entity concerned for seven (7) calendar days,
entity concerned for seven (7) calendar days, if if applicable, as certified by the head of the
applicable, as certified by the head of the BAC BAC Secretariat of the Procuring Entity
Secretariat of the procuring entity concerned. concerned.;

Two (2) years after the effectivity of this IRR,


advertisement in a newspaper of general nationwide
circulation shall no longer be required. However, a
Procuring Entity that cannot post its opportunities in the
PhilGEPS for justifiable reasons shall continue to publish
its advertisements in a newspaper of general nationwide

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circulation.

21.2.2. Advertisement of the Invitation to Bid/Request for


Expression of Interest in a newspaper of general
nationwide circulation provided in Section
21.2.1(a) shall not be required for contracts to be
bid with an approved budget of Two Million Pesos
(P2,000,000.00) and below for the procurement of
goods, Five Million Pesos (P5,000,000.00) and
below for the procurement of infrastructure
projects, and One Million Pesos (P1,000,000.00)
and below or those whose duration is four (4)
months or less for the procurement of consulting
services.

Section 22. Pre-bid Conference Section 22. Pre-bid Conference

22.1. For contracts to be bid with xxx. 22.1. For contracts to be bid with xxx.

22.2. The pre-bid conference shall be held at least twelve (12) 22.2. The pre-bid conference shall be held at least twelve (12)
calendar days before the deadline for the submission and calendar days before the deadline for the submission and
receipt of bids. If the procuring entity determines that, by receipt of bids, but not earlier than seven (7) calendar days
reason of the method, nature, or complexity of the contract from the PhilGEPS posting of the Invitation to Bid or
to be bid or when international participation will be more Bidding Documents and in the case of Consulting Services,
advantageous to the GOP, a longer period for the from the determination of the shortlisted consultants. If the
preparation of bids is necessary, the pre-bid conference procuring entity determines that, by reason of the method,
shall be held at least thirty (30) calendar days before the nature, or complexity of the contract to be bid or when
deadline for the submission and receipt of bids. 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

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and receipt of bids.

22.3. The pre-bid conference shall discuss, among other things,


22.3. The pre-bid conference shall discuss, among other things, the eligibility requirements and the technical and financial
the eligibility requirements and the technical and financial components of the contract to be bid including questions
components of the contract to be bid. Attendance of the and clarifications raised by the prospective bidders before
bidders shall not be mandatory. However, at the option of and during the Pre-Bid Conference.
the Procuring Entity, only those who have purchased the
Bidding Documents shall be allowed to participate in the Pre-bid conference may be conducted in person or face-to-
pre-bid conference and raise or submit written queries or face through video conferencing, webcasting, or similar
clarifications. technology, or a combination thereof. Procuring Entities
with videoconferencing capabilities that have
manufacturers, suppliers, distributors, contractors and/or
consultants that also have video conferencing capabilities
may conduct their pre-bidding conferences electronically.
The Pre-Bid
Conference is open to prospective bidders, and in case
of procurement of consulting services, the shortlisted
bidder, but attendance shall not be mandatory.

22.4. 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 all
participants prospective bidders not later than three five (3
5) calendar days after the pre-bid conference upon written
request. Any statement made at the pre-bid conference
22.4. The minutes of the pre-bid conference shall be recorded and shall not modify the terms of the Bidding Documents,
made available to all participants not later than three (3) unless such statement is specifically identified in writing as
calendar days after the pre-bid conference. Any statement an amendment thereto and issued as a Supplemental/Bid
made at the pre-bid conference shall not modify the terms of Bulletin.
the Bidding Documents, unless such statement is

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specifically identified in writing as an amendment thereto Decisions of the BAC amending any provision of the
and issued as a Supplemental/Bid Bulletin. 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.

22.5. Supplemental/Bid Bulletins

22.5.1. Requests for clarification(s) on any part of the


Bidding Documents or for an interpretation must
be in writing and submitted to the BAC of the
Procuring Entity concerned at least ten (10)
22.5. Supplemental/Bid Bulletins calendar days before the deadline set for the
submission and receipt of bids. The BAC shall
22.5.1. Requests for clarification(s) on any part of the respond to the said request by issuing a
Bidding Documents or for an interpretation must Supplemental/Bid Bulletin, duly signed by the
be in writing and submitted to the BAC of the BAC Chairmanperson, to be made available to all
procuring entity concerned at least ten (10) those who have properly secured the Bidding
calendar days before the deadline set for the Documents, at least seven (7) calendar days before
submission and receipt of bids. The BAC shall the deadline for the submission and receipt of bids.
respond to the said request by issuing a
Supplemental/Bid Bulletin, duly signed by the 22.5.2. Supplemental/Bid Bulletins may be issued upon
BAC chairman, to be made available to all those the procuring entitys initiative f For purposes of
who have properly secured the Bidding clarifying or modifying any provision of the
Documents, at least seven (7) calendar days before Bidding Documents, Supplemental/Bid Bulletins
the deadline for the submission and receipt of bids. may be issued upon the Procuring Entitys
initiative at least seven (7) calendar days before
22.5.2. Supplemental/Bid Bulletins may be issued upon the deadline for the submission and receipt of bids.
the procuring entitys initiative for purposes of Any modification to the Bidding Documents shall
clarifying or modifying any provision of the be identified as an amendment.
Bidding Documents at least seven (7) calendar

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days before the deadline for the submission and 22.5.3. Any Supplemental/Bid Bulletin issued by the BAC
receipt of bids. Any modification to the Bidding shall also be posted on the PhilGEPS and the
Documents shall be identified as an amendment. website of the Procuring Entity concerned, if
available, and at any conspicuous place within the
premises of the Procuring Entity. It shall be the
responsibility of all those who have properly
22.5.3. Any Supplemental/Bid Bulletin issued by the BAC secured the Bidding Documents to inquire and
shall also be posted on the PhilGEPS and the secure Supplemental/Bid Bulletins that may be
website of the procuring entity concerned, if issued by the BAC. However, bidders who have
available. It shall be the responsibility of all those submitted bids before the issuance of the
who have properly secured the Bidding Supplemental/Bid Bulletin must be informed and
Documents to inquire and secure allowed to modify or withdraw their bids in
Supplemental/Bid Bulletins that may be issued by accordance with Section 26.1 of this IRR.
the BAC. However, bidders who have submitted
bids before the issuance of the Supplemental/Bid
Bulletin must be informed and allowed to modify
or withdraw their bids in accordance with Section
26.1 of this IRR.

Section 23. Eligibility Requirements for the Procurement of Goods Section 23. Eligibility Requirements for the Procurement of Goods
and Infrastructure Projects and Infrastructure Projects

23.1. For purposes of determining the eligibility of bidders using 23.1. For purposes of determining the eligibility of bidders using
the criteria stated in Section 23.5 of this IRR, only the the criteria stated in Section 23.4 of this IRR, only the
following documents shall be required by the BAC, using following documents shall be required by the BAC, using
the forms prescribed in the Bidding Documents: the forms prescribed in the Bidding Documents:

a) Class A Documents a) Class A Documents

Legal Documents Legal Documents

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i) Registration certificate from SEC, Department of i) Registration certificate from SEC, Department of
Trade and Industry (DTI) for sole proprietorship, or Trade and Industry (DTI) for sole proprietorship, or
CDA for cooperatives, or any proof of such CDA for cooperatives.
registration as stated in the Bidding Documents.
ii) Mayors/Business permit issued by the city or
ii) Mayors permit issued by the city or municipality municipality where the principal place of business of
where the principal place of business of the the prospective bidder is located, or the equivalent
prospective bidder is located. document for Exclusive Economic Zones or Areas.

In cases of recently expired Mayors/Business


permits, it shall be accepted together with the official
receipt as proof that the bidder has applied for
renewal within the period prescribed by the
concerned local government unit, provided that the
renewed permit shall be submitted as a post
qualification requirement in accordance with Section
34.2 of this IRR.

iii) Tax clearance per E.O. 398, 2005, as finally


reviewed and approved by the Bureau of Internal
iii) Tax clearance per Executive Order 398, Series of Revenue (BIR).
2005, as finally reviewed and approved by the BIR.
Technical Documents

Technical Documents iv) Statement of the prospective bidder of all its


ongoing government and private contracts, including
iv) Statement of the prospective bidder of all its contracts awarded but not yet started, if any, whether
ongoing government and private contracts, including similar or not similar in nature and complexity to the
contracts awarded but not yet started, if any, whether contract to be bid; and
similar or not similar in nature and complexity to the
contract to be bid; and v) Statement identifying of the bidders Single Largest

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Completed Contract (SLCC) similar to the contract
Statement identifying the bidders single largest to be bid, except under conditions provided for in
completed contract similar to the contract to be bid, Section 23.54.1.3 and 23.4.2.4 of this IRR, within
except under conditions provided for in Section the relevant period as provided in the Bidding
23.5.1.3 of this IRR, within the relevant period as Documents in the case of Goods.
provided in the Bidding Documents in the case of
goods. All of the above statements shall include all
information required in the PBDs prescribed by the
All of the above statements shall include all GPPB.
information required in the PBDs prescribed by the
GPPB. vi) In the case of procurement of Infrastructure Projects,
a valid Philippine Contractors Accreditation Board
v) In the case of procurement of infrastructure projects, (PCAB) License or Special PCAB License in case
a valid Philippine Contractors Accreditation Board of Joint Ventures, and registration for the type and
(PCAB) license and registration for the type and cost cost of the contract to be bid.
of the contract to be bid.
Financial Documents
Financial Documents
vii) The prospective bidders audited financial
vi) The prospective bidders audited financial statements, showing, among others, the prospective
statements, showing, among others, the prospective bidders total and current assets and liabilities,
bidders total and current assets and liabilities, stamped received by the BIR or its duly accredited
stamped received by the BIR or its duly accredited and authorized institutions, for the preceding
and authorized institutions, for the preceding calendar year which should not be earlier than two
calendar year which should not be earlier than two (2) years from the date of bid submission.
(2) years from the date of bid submission.
viii) The prospective bidders computation for its of Net
vii) The prospective bidders computation for its Net Financial Contracting Capacity (NFCC). However,
Financial Contracting Capacity (NFCC). in the case of procurement of Goods, a bidder
may submit a committed Line of Credit from a
Universal or Commercial Bank, in lieu of its

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NFCC computation.

b) Class B Document
b) Class B Document
For Goods, valid joint venture agreement (JVA), in case
For goods, valid joint venture agreement (JVA), in case the joint venture is already in existence. In the absence
the joint venture is already in existence. In the absence of a JVA, duly notarized statements from all the
of a JVA, duly notarized statements from all the potential joint venture partners should be included in the
potential joint venture partners stating that they will bid, stating that they will enter into and abide by the
enter into and abide by the provisions of the JVA in the provisions of the JVA in the instance that the bid is
instance that the bid is successful shall be included in successful. Failure to enter into a joint venture in the
the bid. Failure to enter into a joint venture in the event event of a contract award shall be ground for the
of a contract award shall be ground for the forfeiture of forfeiture of the bid security.
the bid security. Each partner of the joint venture shall
submit the legal eligibility documents. The submission For Infrastructure Projects, JV bidders shall submit a
of technical and financial eligibility documents by any JVA in accordance with R.A. 4566 and its IRR.
of the joint venture partners constitutes compliance.
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
For infrastructure projects, JV bidders shall submit a documents by any of the joint venture partners
JVA in accordance with RA 4566 and its IRR. constitutes compliance: Provided, That the partner
responsible
to submit the NFCC shall likewise submit the Statement
of all of its ongoing contracts and Audited Financial
Statements.

23.2. Eligibility requirements or statements, the bids, and all other


documents to be submitted to the BAC must be in English.
If the eligibility requirements or statements, the bids, and all

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other documents submitted to the BAC are in foreign
language other than English, it must be accompanied by a
translation of the documents in English. The documents
shall be translated by the relevant foreign government
23.2. Subject to Section 37.1 of this IRR, in the case of foreign agency, the foreign government agency authorized to
bidders, the foregoing eligibility requirements under Class translate documents, or a registered translator in the foreign
A Documents may be substituted by the appropriate bidders country; and shall be authenticated by the
equivalent documents, if any, issued by the country of the appropriate Philippine foreign service establishment/post or
foreign bidder concerned. The eligibility requirements or the equivalent office having jurisdiction over the foreign
statements, the bids, and all other documents to be bidders affairs in the Philippines.
submitted to the BAC must be in English. If the eligibility
requirements or statements, the bids, and all other 23.3. To facilitate determination of eligibility, the BAC of a
documents submitted to the BAC are in foreign language Procuring Entity shall use the contents of the PhilGEPS
other than English, it must be accompanied by a translation electronic registry of manufacturers, suppliers, distributors,
of the documents in English. The documents shall be contractors, and/or consultants, in accordance with Section
translated by the relevant foreign government agency, the 8.5.2 of this IRR.
foreign government agency authorized to translate
documents, or a registered translator in the foreign bidders
country; and shall be authenticated by the appropriate 23.4. Eligibility Criteria
Philippine foreign service establishment/post or the
equivalent office having jurisdiction over the foreign 23.4.1. For the procurement of Goods:
bidders affairs in the Philippines.
23.4.1.1. The following shall be eligible to
23.3. A prospective bidder may be allowed to submit his participate in the bidding for the supply
eligibility requirements electronically in accordance with of goods:
Section 8.5 of this IRR.
a) Duly licensed Filipino citizens/sole
proprietorships;

xxx

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23.4. To facilitate determination of eligibility, the BAC of a d) Cooperatives duly organized under
procuring entity may use the contents of the PhilGEPS the laws of the Philippines; or
electronic registry of manufacturers, suppliers, distributors,
contractors, and/or consultants. e) Persons/entities forming themselves
into a joint venture, xxx.
23.4.1. The PhilGEPS registry system shall contain the
foregoing Class A documents, which should be 23.4.1.2. Foreign bidders may be eligible to
maintained current and updated by the bidder participate under any of the following
concerned at least once a year or more frequently circumstances:
as may be necessary.(a)
a) When provided for under any
23.4.2. A bidder who maintains a current and updated Treaty or International or Executive
file of his Class A Documents may submit to Agreement as provided in Section 4
the procuring entity, in lieu of the said of the Act and this IRR;
documents, the Certificate of Registration and
Membership issued by PhilGEPS pursuant to xxx
Section 8.5.2.(a)
d) When there is a need to prevent
23.5. Eligibility Criteria situations that defeat competition or
restrain trade.
23.5.1. For the procurement of goods:

23.5.1.1. The following shall be eligible to 23.4.1.3. The prospective bidder must have
participate in the bidding for the supply completed, within the period specified
of goods: in the Invitation to Bid, an SLCC that is
similar to the contract to be bid, and
a) Duly licensed Filipino citizens/sole whose value, adjusted to current prices
proprietorships; using the Philippine Statistics
Authority (PSA) consumer price
xxx indices, must be at least fifty percent
(50%) of the ABC. However, in the

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d) Cooperatives duly organized under case of Expendable Supplies, said
the laws of the Philippines, and of SLCC must be at least twenty five
which at least sixty percent (60%) percent (25%) of the ABC.
belongs to citizens of the
Philippines; or xxx

e) Persons/entities forming themselves 23.4.1.4. The computation of a prospective


into a joint venture, xxx. bidders NFCC must be at least equal to
the ABC to be bid, calculated as
23.5.1.2. Foreign bidders may be eligible to follows:
participate under any of the following
circumstances: NFCC = [(Current assets minus current
liabilities) (15)] minus the value of all
a) When provided for under any outstanding or uncompleted portions of
Treaty or International or Executive the projects under ongoing contracts,
Agreement as provided in Section 4 including awarded contracts yet to be
of the Act and this IRR; started coinciding with the contract to
be bid.
xxx

d) When there is a need to prevent The values of the domestic bidders


situations that defeat competition or current assets and current liabilities
restrain trade. shall be based on the latest Audited
Financial Statements submitted to the
The GPPB shall promulgate the necessary BIR.
guidelines for this provision.
23.4.1.5. If the prospective bidder submits a
23.5.1.3. The prospective bidder must have committed Line of Credit, it must be at
completed, within the period specified least equal to ten percent (10%) of the
in the Invitation to Bid, a single ABC to be bid: Provided, That if the
contract that is similar to the contract to same is issued by a foreign Universal or

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be bid, and whose value, adjusted to Commercial Bank, it shall be confirmed
current prices using the National or authenticated by a local Universal or
Statistics Office (NSO) consumer price Commercial Bank.
indices, must be at least fifty percent
(50%) of the ABC. However, in the 23.4.2. For the procurement of Infrastructure Projects:
case of Expendable Supplies, said
single contract must be at least twenty 23.4.2.1. The following persons/entities shall be
five percent (25%) of the ABC. allowed to participate in the bidding for
Infrastructure Projects:

a) Duly licensed Filipino citizens/sole


xxx proprietorships;

23.5.1.4. The computation of a prospective xxx


bidders NFCC must be at least equal
to the ABC to be bid, calculated as d) Cooperatives duly organized under
follows: the laws of the Philippines or

NFCC = [(Current assets minus current e) xxx


liabilities) (K)] minus the value of all
outstanding or uncompleted portions of 23.4.2.2. Foreign bidders xxx
the projects under ongoing contracts,
including awarded contracts yet to be 23.4.2.3. In accordance with R.A. 4566, entitled
started coinciding with the contract to An Act Creating the Philippine
be bid. Licensing Board for Contractors,
Prescribing its Powers, Duties and
Where: Functions, Providing Funds Therefor,
and for Other Purposes, the
K = 10 for a contract duration of one persons/entities enumerated in Section
year or less, 15 for a contract duration 23.4.1.1 of this IRR may participate in
of more than one year up to two years, public bidding if he has been issued a

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and 20 for a contract duration of more license by the PCAB to engage or act as
than two years. a contractor.

The values of the bidders current 23.4.2.4 5. The SLCC shall be supported by an
assets and current liabilities shall be Owners Certificate of Final
based on the data submitted to the BIR, Acceptance issued by the project owner
through its Electronic Filing and other than the contractor or a final
Payment System (EFPS). rating of at least Satisfactory in the
Constructors Performance Evaluation
Summary (CPES). In case of contracts
with the private sector, an equivalent
document shall be submitted.

23.4.2.4. The prospective bidder must have


completed an SLCC that is similar to
the contract to be bid, and whose value,
adjusted to current prices using the
PSA consumer price indices, must be at
least fifty percent (50%) of the ABC to
be bid: Provided, however, That
contractors under Small A and Small B
23.5.2. For the procurement of infrastructure projects: categories without similar experience
on the contract to be bid may be
23.5.2.1. The following persons/entities shall be allowed to bid if the cost of such
allowed to participate in the bidding for contract is not more than the Allowable
infrastructure projects: Range of Contract Cost (ARCC) of
their registration based on the
a) Duly licensed Filipino citizens/sole guidelines as prescribed by the PCAB.
proprietorships;
For Foreign-funded Procurement, the
xxx GoP and the foreign

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government/foreign or international
d) Cooperatives duly organized under financing institution may agree on
the laws of the Philippines, and of another track record requirement.
which at least seventy-five percent
(75%) belongs to citizens of the Moreover, a contract shall be
Philippines; or considered similar to the contract to
be bid if it has the same major
e) xxx categories of work. The Procuring
Entity may clarify in the Bidding
23.5.2.2. Foreign bidders xxx Documents what is regarded as major
categories of work.
23.5.2.3. In accordance with R.A. 4566, entitled
An Act Creating the Philippine 23.4.2.6. The computation of a prospective
Licensing Board for Contractors, bidders NFCC must be at least equal to
Prescribing its Powers, Duties and the ABC to be bid, calculated as
Functions, Providing Funds Therefor, follows:
and for Other Purposes, the
persons/entities enumerated in Section NFCC = [(Current assets minus current
23.5.1.1 of this IRR may participate in liabilities) (15)] minus the value of all
public bidding if he has been issued a outstanding or uncompleted portions of
license by the PCAB to engage or act as the projects under ongoing contracts,
a contractor. including awarded contracts yet to be
started coinciding with the contract to be
23.5.2.4. The Owners Certificate of Final bid.
Acceptance; or the Constructors
Performance Evaluation Summary The values of the domestic bidders
(CPES) Final Rating and/or the current assets and current liabilities shall
Certificate of Completion, must be be based on the latest Audited Financial
satisfactory. Statements submitted to the BIR. For
purposes of computing the foreign
bidders' NFCC, the value of the current

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assets and current liabilities shall be
based on their Audited Financial
Statements prepared in accordance with
international financial reporting
standards.

23.5.2.5. The prospective bidder must have an 23.5. GOCCs may be eligible to participate in Competitive
experience of having completed at least Bidding only if they can establish that they (a) are legally
one (1) contract that is similar to the and financially autonomous, (b) operate under commercial
contract to be bid, and whose value, law, and (c) are not attached agencies of the Procuring
adjusted to current prices using the Entity. The GPPB shall promulgate the necessary
NSO consumer price indices, must be guidelines for this provision.
at least fifty percent (50%) of the ABC
to be bid: Provided, however, That 23.6. Notwithstanding the eligibility of a prospective bidder, the
contractors under Small A and Small B Procuring Entity concerned reserves the right to review the
categories without similar experience qualifications of the bidder at any stage of the procurement
on the contract to be bid may be process if the procuring entity has reasonable grounds to
allowed to bid if the cost of such believe that a misrepresentation has been made by the said
contract is not more than fifty percent prospective bidder, or that there has been a change in the
(50%) of the Allowable Range of prospective bidders capability to undertake the project
Contract Cost (ARCC) of their from the time it submitted its eligibility requirements.
registration based on the guidelines as Should such review uncover any misrepresentation made in
prescribed by the PCAB. the eligibility requirements, statements or documents, or
any changes in the situation of the prospective bidder which
will affect the capability of the bidder to undertake the
For Foreign-funded Procurement, the project so that it fails the eligibility criteria, the Procuring
GOP and the foreign Entity shall consider the said prospective bidder as
government/foreign or international ineligible and shall disqualify it from obtaining an award or
financing institution may agree on contract, in accordance with Rules XXI, XXII, and XXIII of
another track record requirement. this IRR.

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Moreover, a contract shall be
considered similar to the contract to
be bid if it has the same major
categories of work.

23.5.2.6. The computation of a prospective


bidders NFCC must be at least equal to
the ABC to be bid, calculated as
follows:

NFCC = [(Current assets minus current


liabilities) (K)] minus the value of all
outstanding or uncompleted portions of
the projects under ongoing contracts,
including awarded contracts yet to be
started coinciding with the contract to be
bid.

Where:

K = 10 for a contract duration of one


year or less, 15 for a contract duration of
more than one year up to two years, and
20 for a contract duration of more than
two years.

The values of the bidders current assets


and current liabilities shall be based on

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the data submitted to the BIR, through
its Electronic Filing and Payment
System (EFPS).

23.6. GOCCs may be eligible to participate in Competitive


Bidding only if they can establish that they (a) are legally
and financially autonomous, (b) operate under commercial
law, and (c) are not attached agencies of the procuring
entity. The GPPB shall promulgate the necessary
guidelines for this provision.(n)

23.7. Notwithstanding the eligibility of a prospective bidder, the


procuring entity concerned reserves the right to review the
qualifications of the bidder at any stage of the procurement
process if the procuring entity has reasonable grounds to
believe that a misrepresentation has been made by the said
prospective bidder, or that there has been a change in the
prospective bidders capability to undertake the project
from the time it submitted its eligibility requirements.
Should such review uncover any misrepresentation made in

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the eligibility requirements, statements or documents, or
any changes in the situation of the prospective bidder which
will affect the capability of the bidder to undertake the
project so that it fails the eligibility criteria, the procuring
entity shall consider the said prospective bidder as ineligible
and shall disqualify it from obtaining an award or contract,
in accordance with Rules XXI, XXII, and XXIII of this
IRR.

Section 24. Eligibility Requirements and Short Listing for Consulting Section 24. Eligibility Requirements and Short Listing for Consulting
Services Services

24.1. For purposes of determining the eligibility and short list of 24.1. For purposes of determining the eligibility and short list of
bidders in accordance with Sections 24.4 and 24.5 of this bidders in accordance with Sections 24.4 and 24.5 of this
IRR, only the following documents shall be required by the IRR, only the following documents shall be required by the
BAC, using the forms prescribed in the Bidding BAC, using the forms prescribed in the Bidding
Documents: Documents:

a) Class A Documents a) Class A Documents

Legal Documents Legal Documents

i) Registration certificate from SEC, Department of i) Registration certificate from SEC, DTI for sole
Trade and Industry (DTI) for sole proprietorship, or proprietorship, or CDA for cooperatives;
CDA for cooperatives, or any proof of such
registration as stated in the Bidding Documents; ii) Mayors/Business permit issued by the city or
municipality where the principal place of business of
ii) Mayors permit issued by the city or municipality the prospective bidder is located, or the equivalent
where the principal place of business of the document for Exclusive Economic Zones or Areas.
prospective bidder is located; and
In cases of recently expired Mayors/Business

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permits, it shall be accepted together with the official
receipt as proof that the bidder has applied for
renewal within the period prescribed by the
concerned local government unit: Provided , That the
renewed permit shall be submitted as a post
qualification requirement in accordance with Section
34.2 of this IRR.

For individual consultants not registered under a sole


proprietorship, a BIR
Certificate of Registration shall be submitted, in
lieu of DTI registration and
Mayors/Business permit.

iii) Tax clearance per Executive Order E.O. 398, Series.


of 2005, as finally reviewed and approved by the
BIR.

iii) Tax clearance per Executive Order 398, Series of Technical Documents
2005, as finally reviewed and approved by the BIR.
iv) Statement of the prospective bidder xxx.

Technical Documents v) Statement of the consultant xxx.

iv) Statement of the prospective bidder xxx. Financial Document

v) Statement of the consultant xxx. vi) The consultants audited financial statements, xxx.

Financial Document b) Class B Document

vi) The consultants audited financial statements, xxx. Valid joint venture agreement (JVA), in case a joint

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venture is already in existence. xxx. Each partner of the
b) Class B Document joint venture shall submit the legal eligibility documents
PhilGEPS Certificate of Registration in accordance
Valid joint venture agreement (JVA), in case a joint with Section 8.5.2 of this IRR. The submission of
venture is already in existence. xxx. Each partner of the technical and financial documents by any of the joint
joint venture shall submit the legal eligibility venture partners constitutes compliance.
documents. The submission of technical and financial
documents by any of the joint venture partners 24.2. In the case of foreign consultants, the foregoing eligibility
constitutes compliance. requirements under Class A Documents may be
substituted by the appropriate equivalent documents, if any,
issued by the foreign consultants country. The eligibility
requirements or statements, the bids, and all other
24.2. In the case of foreign consultants, the foregoing eligibility documents to be submitted to the BAC must be in English.
requirements under Class A Documents may be If the eligibility requirements xxx.
substituted by the appropriate equivalent documents, if any,
issued by the foreign consultants country. The eligibility 24.3. Eligibility Criteria
requirements or statements, the bids, and all other
documents to be submitted to the BAC must be in English. 24.3.1. The following persons/entities shall be allowed to
If the eligibility requirements xxx. participate in the bidding for Consulting Services:

24.3. Eligibility Criteria a) xxx;

24.3.1. The following persons/entities shall be allowed to b) xxx;


participate in the bidding for consulting services:
c) xxx;
a) xxx;
d) Cooperatives duly organized under the laws of
b) xxx; the Philippines, and of which at least sixty
percent (60%) belongs to citizens of the
c) xxx; Philippines; or

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d) Cooperatives duly organized under the laws of e) Persons/entities forming themselves into a
the Philippines, and of which at least sixty joint venture, xxx.
percent (60%) belongs to citizens of the
Philippines; or 24.3.2. When the types and xxx.

e) Persons/entities forming themselves into a 24.3.3. In order to manifest trust and confidence in and
joint venture, xxx. promote the development of Filipino consultancy,
foreign consultants may be hired in the event
24.3.2. When the types and xxx. Filipino consultants do not have the sufficient
expertise and capability to render the services
24.3.3. In order to manifest trust and confidence in and required under the project, as determined by the
promote the development of Filipino consultancy, HoPE subject to the submission of documents in
foreign consultants may be hired in the event accordance with Section 37.1.4(a)(iv).
Filipino consultants do not have the sufficient
expertise and capability to render the services
required under the project, as determined by the
Head of the Procuring Entity. Foreign consultants
may be eligible to participate in the procurement
of consulting services, subject to the following
qualifications:

a) must be registered with the SEC and/or any


agency authorized by the laws of the
Philippines; and

b) when the types and fields of consulting


services in which the foreign consultant wishes
to engage involve the practice of regulated

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professions, the foreign consultant must be
authorized by the appropriate GOP
professional regulatory body to engage in the
practice of those professions and allied
professions: Provided, however, That the limits
of such authority shall be strictly observed.(a)

24.4. Eligibility Check of Prospective Bidders 24.4. Eligibility Check of Prospective Bidders

24.4.1. The eligibility envelopes of prospective bidders 24.4.1. The eligibility envelopes of prospective bidders
for procurement of consulting services shall be for procurement of Consulting Services shall be
submitted on or before the deadline specified in submitted on or before the deadline specified in
the Request for Expression of Interest, and shall be the Request for Expression of Interest, and shall be
opened before the dates of the pre-bid conference opened before the dates of the pre-bid conference
and bid opening to determine eligibility of and bid opening to determine eligibility of
prospective bidders, who shall then be allowed to prospective bidders.
acquire or purchase the relevant Bidding
Documents from the procuring entity. A
prospective bidder may be allowed to submit his
eligibility requirements electronically in
accordance with Section 8.5 of this IRR.

24.4.2. Subject to the short listing of consultants as 24.4.2. Subject to the short listing of consultants as
provided in this IRR, the determination of provided in this IRR, the determination of
eligibility of consultants shall be based on the eligibility of consultants shall be based on the
evaluation of the eligibility documents prescribed evaluation of the eligibility documents prescribed
above in accordance with the procedures provided above in accordance with the procedures provided
in Sections 30.1 of this IRR. in Sections 30.1 of this IRR.

24.4.3. To facilitate determination of eligibility, the BAC 24.4.3. To facilitate determination of eligibility, the BAC

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of a procuring entity may use the contents of the of a Procuring Entity shall use the contents of the
PhilGEPS electronic registry of manufacturers, PhilGEPS electronic registry of manufacturers,
suppliers, distributors, contractors, and/or suppliers, distributors, contractors, and/or
consultants. consultants, in accordance with Section 8.5.2 of
this IRR. However, foreign consultants
participating in the procurement by a Philippine
Foreign Service Office or Post shall be allowed to
submit their eligibility documents under Section
24.1 of this IRR, in lieu of the PhilGEPS
Certificate of Registration: Provided, That the
winning bidder should register with the PhilGEPS
in accordance with Section 37.1.4 of this IRR.

24.4.3.1. The PhilGEPS registry system shall


contain the foregoing Class A
documents, which should be maintained
current and updated by the bidder
concerned at least once a year or more
frequently as may be necessary.(a)

24.4.3.2. A bidder who maintains a current and


updated file of his Class A Documents
may submit to the procuring entity, in
lieu of the said documents, the
Certificate of Registration and
Membership issued by PhilGEPS
pursuant to Section 8.5.2.

24.5. Short Listing of Prospective Bidders 24.5. Short Listing of Prospective Bidders

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24.5.1. With respect to a particular contract for consulting 24.5.1. With respect to a particular contract for Consulting
services to be bid, the concerned procuring entity Services to be bid, the concerned Procuring Entity
shall only consider for short listing those shall only consider for short listing those
consultants whose contracts, as identified in the consultants whose contracts, as identified in the
eligibility documents submitted for registration, eligibility documents submitted for registration,
are similar in nature and complexity to the contract are similar in nature and complexity to the contract
to be bid, based on the Request for Expression of to be bid, based on the Request for Expression of
Interest. Interest.

24.5.2. The BAC shall draw up the short list of 24.5.2. The BAC shall draw up the short list of
consultants from those who have been determined consultants from those who have been determined
as eligible in accordance with the provisions of as eligible in accordance with the provisions of
this IRR. The number of short listed consultants, this IRR. The number of short listed consultants,
which shall be determined in the pre-procurement which shall be determined in the pre-procurement
conference, shall consist of three (3) to seven (7) conference, shall consist of three (3) to seven (7)
consultants, with five (5) as the preferable number. consultants, with five (5) as the preferable number.
Should less than the required number apply for Should only one (1) or less than the required
eligibility and short listing, pass the eligibility number apply for eligibility and short listing, pass
check, and/or pass the minimum score required in the eligibility check, and/or pass the minimum
the short listing, the BAC shall consider the same. score required in the short listing, the BAC shall
consider the same. The shortlisted bidders shall
then be required to pay the fee for the Bidding
Documents, if applicable, subject to the provisions
of Section 17.4 of this IRR.

24.5.3. The BAC shall specify in the xxx 24.5.3. The BAC shall specify in the xxx

24.5.4. The BAC shall recommend the short list of 24.5.4. The BAC shall recommend the short list of
consultants to the Head of the Procuring Entity for consultants to the HoPE for consideration and
consideration and approval. The entire process of approval. The entire process of eligibility check
eligibility check and short listing shall not exceed and short listing shall not exceed twenty (20)

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twenty (20) calendar days. calendar days.

24.6. GOCCs may be eligible to xxx. 24.6. GOCCs may be eligible to xxx.

24.7. Notwithstanding the eligibility of a xxx. 24.7. Notwithstanding the eligibility of a xxx.

Section 25. Submission and Receipt of Bids Section 25. Submission and Receipt of Bids

25.1. Bidders shall submit their bids through their duly authorized 25.1. Bidders shall submit their bids through their duly authorized
representative using the forms specified in the Bidding representative using the forms specified in the Bidding
Documents in two (2) separate sealed bid envelopes, and Documents in two (2) separate sealed bid envelopes, and
which shall be submitted simultaneously. The first shall which shall be submitted simultaneously. The first shall
contain the technical component of the bid, including the contain the technical component of the bid, including the
eligibility requirements under Section 23.1 of this IRR, and eligibility requirements under Section 23.1 of this IRR for
the second shall contain the financial component of the bid. the procurement of Goods and Infrastructure Projects, and
the second shall contain the financial component of the bid.

25.2. The first envelope shall contain the following technical 25.2. The first envelope shall contain the following technical
information/documents, at the least: information/documents, at the least:

a) For the procurement of goods: a) For the procurement of Goods:

i) Eligibility requirements under Section 23.1 of this i) PhilGEPS Certificate of Registration and
IRR; membership in accordance with Section 8.5.2 of this
IRR, except for foreign bidders participating in the
procurement by a Philippine Foreign Service Office
or Post, which shall submit their eligibility
documents under Section 23.1 of this IRR: Provided,
That the winning bidder shall register with the
PhilGEPS in accordance with Section 37.1.4 of this
IRR;

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ii) Statement of all Ongoing Government and Private


Contracts;

iii) Statement of SLCC;

iv) NFCC Computation or committed Line of Credit;

v) JVA or the Duly Notarized Statement in accordance


with Section 23.1(b) of this IRR, if applicable;

vi) The Bid security in the prescribed form, amount and


validity period;

ii) The bid security in the prescribed form, amount and vii) Technical Specifications, which may include
validity period; production/delivery schedule, manpower
requirements, and/or after-sales service/parts, if
iii) Technical specifications, which may include applicable; and
production/delivery schedule, manpower
requirements, and/or after-sales service/parts, if viii) Omnibus Sworn Statement in accordance with
applicable; and Section 25.3 of this IRR; and

iv) Sworn statement by the prospective bidder or its ix) For foreign bidders claiming eligibility by reason of
duly authorized representative in the form prescribed their countrys extension of reciprocal rights to
by the GPPB as to the following: Filipinos, a certification from the relevant government
office of their country stating that Filipinos are
allowed to participate in their government
(1) It is not blacklisted or barred from bidding by procurement activities for the same item or product.
the GOP or any of its agencies, offices,
corporations, or LGUs, including foreign b) For the procurement of Infrastructure Projects:
government/foreign or international financing

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institution whose blacklisting rules have been i) PhilGEPS Certificate of Registration and
recognized by the GPPB; membership in accordance with Section 8.5.2 of this
IRR, except for foreign bidders participating in the
(2) Each of the documents submitted in satisfaction procurement by a Philippine Foreign Service Office
of the bidding requirements is an authentic copy or Post, which shall submit their eligibility
of the original, complete, and all statements and documents under Section 23.1 of this IRR: Provided,
information provided therein are true and That the winning bidder shall register with the
correct; PhilGEPS in accordance with Section 37.1.4 of this
IRR;
(3) It is authorizing the Head of the Procuring Entity
or his duly authorized representative/s to verify ii) PCAB License and Registration;
all the documents submitted;
iii) Statement of all Ongoing Government and Private
(4) The signatory is the duly authorized Contracts;
representative of the prospective bidder, and
granted full power and authority to do, execute iv) Statement of SLCC;
and perform any and all acts necessary and/or to
represent the prospective bidder in the bidding, v) NFCC Computation
with the duly notarized Secretarys Certificate
attesting to such fact, if the prospective bidder is vi) JVA, if applicable;
a corporation, partnership, cooperative, or joint
venture; vii) Bid security in the prescribed form, amount and
validity period;
(5) It complies with the disclosure provision under
Section 47 of the Act in relation to other viii) Project Requirements, which shall include the
provisions of R.A. 3019; following;

(6) It complies with the responsibilities of a (1) Organizational chart for the contract to be bid;
prospective or eligible bidder provided in the
PBDs; and (2) List of contractors personnel (e.g., Project
Manager, Project Engineers, Materials Engineers,

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(7) It complies with existing labor laws and and Foremen), to be assigned to the contract to be
standards, in the case of procurement of services. bid, with their complete qualification and
experience data;
(8) It did not give or pay, directly or indirectly, any
commission, amount, fee, or any form of (3) List of contractors major equipment units, which
consideration, pecuniary or otherwise, to any are owned, leased, and/or under purchase
person or official, personnel or representative of agreements, supported by proof of ownership or
the government in relation to any procurement certification of availability of equipment from the
project or activity. equipment lessor/vendor for the duration of the
project; and

ix) Omnibus Sworn Statement in accordance with Section


25.3 of this IRR;

c) For the procurement of Consulting Services:

i) The bid security in the prescribed form, amount and


b) For the procurement of infrastructure projects: validity period;

i) Eligibility requirements under Section 23.1 of this ii) Organizational chart for the contract to be bid;
IRR;
iii) List of completed and on-going projects;

iv) Approach, work plan, and schedule: Provided,


however, That for architectural design, submission of
architectural plans and designs shall not be required
during the consultants selection process;

v) List of key personnel to be assigned to the contract to


be bid, with their complete qualification and

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experience data; and

vi) Omnibus Sworn Statement in accordance with Section


25.3 of this IRR.

25.3. The Omnibus Sworn Statement executed by the bidder, or


its duly authorized representative, shall contain the
following:

(b) It is not blacklisted or barred from bidding by


the GoP or any of its agencies, offices,
ii) The bid security in the prescribed form, amount and corporations, or LGUs, foreign
validity period; government/foreign or international financing
institution whose blacklisting rules have been
iii) Project Requirements, which shall include the recognized by the GPPB;
following:
(c) Each of the documents submitted in satisfaction
(1) Organizational chart for the contract to be bid; of the bidding requirements is an authentic copy
of the original, complete, and all statements and
(2) List of contractors personnel (viz, Project information provided therein are true and correct;
Manager, Project Engineers, Materials Engineers,
and Foremen), to be assigned to the contract to be (d) It is authorizing the HoPE or his duly authorized
bid, with their complete qualification and representative/s to verify all the documents
experience data; submitted;

(3) List of contractors equipment units, which are (a) The signatory is the duly authorized representative
owned, leased, and/or under purchase agreements, of the prospective bidder, and granted full power
supported by certification of availability of and authority to do, execute and perform any and
equipment from the equipment lessor/vendor for all acts necessary to participate, submit the bid,
the duration of the project; and and to sign and execute the ensuing contract
accompanied by the duly notarized Special Power

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iv) Sworn statement by the prospective bidder or its duly of Attorney, Board/Partnership Resolution, or
authorized representative in the form prescribed by the Secretarys Certificate, whichever is applicable;
GPPB as to the following:
(e) It complies with the disclosure provision under
Section 47 of the Act and this IRR, in relation to
(1) It is not blacklisted or barred from bidding by other provisions of R.A. 3019;
the GOP or any of its agencies, offices,
corporations, or LGUs, including foreign (g) It complies with the responsibilities of a
government/foreign or international financing prospective or eligible bidder provided in the
institution whose blacklisting rules have been PBDs;
recognized by the GPPB;
(f) It complies with existing labor laws and standards.
(2) Each of the documents submitted in satisfaction of ;
the bidding requirements is an authentic copy of
the original, complete, and all statements and (h) It did not give or pay, directly or indirectly, any
information provided therein are true and correct; commission, amount, fee, or any form of
consideration, pecuniary or otherwise, to any
(3) It is authorizing the Head of the Procuring Entity person or official, personnel or representative of
or his duly authorized representative/s to verify all the government in relation to any procurement
the documents submitted; project or activity.

(4) The signatory is the duly authorized representative 25.4. The second envelope shall contain the financial
of the prospective bidder, and granted full power information/documents as specified in the PBDs.
and authority to do, execute and perform any and
all acts necessary and/or to represent the 25.4 5. Bids shall be received by the BAC on the date, time, and
prospective bidder in the bidding, with the duly place specified in the Invitation to Bid/Request for
notarized Secretarys Certificate attesting to such Expression of Interest. The following periods from the last
fact, if the prospective bidder is a corporation, day of posting of the Invitation to Bid/Request for
partnership or joint venture; Expression of Interest up to the submission and receipt of
bids shall be observed:
(5) It complies with the disclosure provision under

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Section 47 of the Act in relation to other a) For Goods, a maximum period of forty-five (45)
provisions of R.A. 3019; calendar days.

(6) It complies with the responsibilities of a b) For Infrastructure Projects, the following maximum
prospective or eligible bidder provided in the periods:
PBDs; and
ABC
(7) It complies with existing labor laws and standards. (In Philippine Currency) Period
Fifty (50) million and 50 calendar days
(8) It did not give or pay, directly or indirectly, any below
commission, amount, fee, or any form of Above fifty (50) million 65 calendar days
consideration, pecuniary or otherwise, to any
person or official, personnel or representative of c) For Consulting Services, a maximum period of seventy
the government in relation to any procurement five (75) calendar days.
project or activity.
25.6. Bids, including the eligibility requirements under Section
c) For the procurement of consulting services: 23.1 of this IRR, submitted after the deadline shall not be
accepted by the BAC. The BAC shall record in the minutes
i) The bid security in the prescribed form, amount and of bid submission and opening, the bidders name, its
validity period; representative and the time the late bid was submitted.

ii) Organizational chart for the contract to be bid; 25.7. To ensure transparency and accurate representation of the
bid submission, the BAC Secretariat shall notify in writing
iii) List of completed and on-going projects; all bidders whose bids it has received through its
PhilGEPS-registered physical address or official e-mail
iv) Approach, work plan, and schedule: Provided, address. The notice shall be issued within seven (7)
however, That for architectural design, submission of calendar days from the date of the bid opening.
architectural plans and designs shall not be required
during the consultants selection process; 25.8. The original copy of the bid form shall be typed or written
in ink and shall be signed by the bidder or its duly
v) List of key personnel to be assigned to the contract to authorized representative.

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be bid, with their complete qualification and
experience data; and 25.9. Unsealed or unmarked bid envelopes shall be rejected.
However, bid envelopes that are not properly sealed and
vi) Sworn statement by the prospective bidder or its duly marked, as required in the Bidding Documents, shall be
authorized representative in the form prescribed by the accepted, provided that the bidder or its duly authorized
GPPB as to the following: representative shall acknowledge such condition of the bid
as submitted. The BAC shall assume no responsibility for
the misplacement of the contents of the improperly sealed
or marked bid, or for its premature opening.

(1) It is not blacklisted or barred from bidding by


the GOP or any of its agencies, offices,
corporations, or LGUs, foreign
government/foreign or international financing
institution whose blacklisting rules have been
recognized by the GPPB;

(2) 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;

(3) It is authorizing the Head of the Procuring Entity


or his duly authorized representative/s to verify all
the documents submitted;

(4) The signatory is the duly authorized and


designated representative of the prospective

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bidder, and granted full power and authority to do,
execute and perform any and all acts necessary
and/or to represent the prospective bidder in the
bidding, with the duly notarized Secretarys
Certificate attesting to such fact, if the prospective
bidder is a corporation, partnership or joint
venture;

(5) It complies with the disclosure provision under


Section 47 of the Act in relation to other
provisions of R.A. 3019;

(6) It complies with the responsibilities of a


prospective or eligible bidder provided in the
PBDs; and

(7) It complies with existing labor laws and standards.

(8) It did not give or pay, directly or indirectly, any


commission, amount, fee, or any form of
consideration, pecuniary or otherwise, to any
person or official, personnel or representative of
the government in relation to any procurement
project or activity.

25.3. The second envelope shall contain the financial


information/documents as specified in the PBDs.

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25.4. 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 50 calendar days
below
Above fifty (50) million 65 calendar days

c) For consulting services, a maximum period of seventy


five (75) calendar days.

25.5. Bids, including the eligibility requirements under Section


23.1 of this IRR, submitted after the deadline shall not be
accepted by the BAC.

Section 27. Bid Security Section 27. Bid Security

27.1. All bids shall be accompanied by a bid security, payable to 27.1. All bids shall be accompanied by a bid security, payable to
the procuring entity concerned as a guarantee that the the Procuring Entity concerned as a guarantee that the

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successful bidder shall, within ten (10) calendar days or successful bidder shall, within ten (10) calendar days from
less, as indicated in the Instructions to Bidders, from receipt receipt of the notice of award, enter into contract with the
of the notice of award, enter into contract with the procuring Procuring Entity and furnish the performance security
entity and furnish the performance security required in required in Section 39 of this IRR, except when Section
Section 39 of this IRR, except when Section 37.1 of this 37.1 of this IRR allows a longer period. Failure to enclose
IRR allows a longer period. Failure to enclose the required the required bid security in the form and amount prescribed
bid security in the form and amount prescribed herein shall herein shall automatically disqualify the bid concerned.
automatically disqualify the bid concerned.
27.2. The Bidders shall submit a Bid Securing Declaration, or any
27.2. The procuring entity shall indicate in the Bidding form of Bid Security, in an amount not less than the
Documents the acceptable forms of bid security that bidders required percentage of the ABC in accordance with the
may opt to use, which shall include the Bid Securing following schedule:
Declaration provided in Section 27.5 of this IRR and at least
one (1) other form, the amount of which shall be equal to a Amount of Bid Security
percentage of the ABC in accordance with the following Form of Bid Security (Not less than the required
schedule: Percentage of the ABC)
a) Cash or
cashiers/managers
check issued by a
Amount of Bid Security Universal or
(Equal to Percentage of the Commercial Bank.
Form of Bid Security ABC)
For biddings conducted
a) Cash or by LGUs, the
cashiers/managers cashiers/managers
check issued by a check may be issued
Universal or by other banks
Commercial Bank. certified by the BSP as
authorized to issue
such financial
instrument.

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b) Bank draft/guarantee
or irrevocable letter of Two percent (2%)
credit issued by a
Universal or
Commercial Bank:
Provided, however,
that it shall be
b) Bank draft/guarantee Two percent (2%) confirmed or
or irrevocable letter of authenticated by a
credit issued by a Universal or
Universal or Commercial Bank, if
Commercial Bank: issued by a foreign
Provided, however, bank.
that it shall be
confirmed or For biddings conducted
authenticated by a by LGUs, bank
Universal or draft/guarantee, or
Commercial Bank, if irrevocable letter of
issued by a foreign credit may be issued by
bank. other banks certified
by the BSP as
authorized to issue
such financial
instrument.
c) Surety bond callable
upon demand issued by
a surety or insurance
company duly certified Five percent (5%)
by the Insurance
Commission as
authorized to issue

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such security.
c) Surety bond callable
upon demand issued by
a surety or insurance
company duly certified Five percent (5%)
by the Insurance
Commission as
authorized to issue
such security.
d) Any combination of Proportionate to share of
the foregoing. form with respect to total
amount of security

For biddings conducted by LGUs, the procuring entity may


also require bidders to submit bid securities in the form of
cashiers/managers check, bank draft/guarantee, or
irrevocable letter of credit from other banks certified by the
BSP as authorized to issue such financial instrument.

27.3. The bid security shall be denominated in Philippine Pesos 27.3. The bid security shall be denominated in Philippine Pesos
and posted in favor of the procuring entity. and posted in favor of the Procuring Entity.

27.4. Without prejudice to the provisions of the Act and this IRR 27.4. Without prejudice to the provisions of the Act and this IRR
on the forfeiture of bid securities, bid securities shall be on the forfeiture of bid securities, bid securities shall be
returned only after the bidder with the Lowest Calculated returned only after the bidder with the Lowest Calculated
Responsive Bid or Highest Rated Responsive Bid, as the Responsive Bid (LCRB) or Highest Rated Responsive Bid
case may be, has signed the contract and furnished the (HRRB), as the case may be, has signed the contract and
performance security, except to those declared by the BAC furnished the performance security, except to those declared
as failed or post-disqualified in accordance with this IRR, by the BAC as failed or post-disqualified in accordance
upon submission of a written waiver of their right to file a with this IRR, upon submission of a written waiver of their
motion for reconsideration and/or protest. right to file a motion for reconsideration and/or protest.

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27.5. A Bid Securing Declaration is an undertaking which states,


27.5. A Bid Securing Declaration is an undertaking which states, among others, that the bidder shall enter into contract with
among others, that the bidder shall enter into contract with the Procuring Entity and furnish the required performance
the procuring entity and furnish the required performance security within ten (10) calendar days as indicated in the
security within ten (10) calendar days, or less, as indicated Bidding Documents, from receipt of the Notice of Award,
in the Bidding Documents, from receipt of the Notice of and commits to pay the corresponding amount as fine and
Award, and committing to pay the corresponding fine and be suspended for a period of time from being qualified to
be suspended for a period of time from being qualified to participate in any government procurement activity in the
participate in any government procurement activity in the event it violates any of the conditions stated therein as
event it violates any of the conditions stated therein as required in the guidelines issued by the GPPB.
required in the guidelines issued by the GPPB.
27.6. In no case shall bid security be returned later than the
expiration of the bid validity period indicated in the Bidding
27.6. In no case shall bid security or Bid Securing Declaration be Documents, unless it has been extended in accordance with
returned later than the expiration of the bid validity period Section 28.2 of this IRR.
indicated in the Bidding Documents, unless it has been
extended in accordance with Section 28.2 of this IRR.

Section 29. Bid Opening Section 29. Bid Opening

The BAC shall open the bids immediately after the deadline for the The BAC shall open the bids immediately after the deadline for the
submission and receipt of bids. The time, date, and place of the submission and receipt of bids. The time, date, and place of the
opening of bids shall be specified in the Bidding Documents. The opening of bids shall be specified in the Bidding Documents.
bidders or their duly authorized representatives may attend the opening In case the bids cannot be opened as scheduled due to justifiable
of bids. The BAC shall adopt a procedure for ensuring the integrity, reasons, the BAC shall take custody of the bids submitted and
security, and confidentiality of all submitted bids. The minutes of the reschedule the opening of bids on the next working day or at the
bid opening shall be made available to the public upon written request soonest possible time through the issuance of a Notice of
and payment of a specified fee to recover cost of materials. Postponement to be posted in the PhilGEPS website and the website of
the Procuring Entity concerned.

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The bidders or their duly authorized representatives may attend the
opening of bids. The BAC shall ensure the integrity, security, and
confidentiality of all submitted bids. The abstract of bids as read and
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.

Section 32. Bid Evaluation for the Procurement of Goods and Section 32. Bid Evaluation for the Procurement of Goods and
Infrastructure Projects Infrastructure Projects

32.1. Members of the BAC, including its staff and personnel, as 32.1. Members of the BAC, including its staff and personnel,
well as its Secretariat and TWG, are prohibited from Secretariat and TWG, as well as Observers, are prohibited
making or accepting any communication with any bidder from making or accepting any communication with any
regarding the evaluation of their bids until the issuance of bidder regarding the evaluation of their bids until the
the Notice of Award. However, the BAC, through its issuance of the Notice of Award. However, the BAC,
Secretariat, may ask in writing the bidder for a clarification through its Secretariat, may ask in writing the bidder for a
of its bid. All responses to requests for clarification shall be clarification of its bid. All responses to requests for
in writing. clarification shall be in writing.

32.2. For the procurement of Goods and Infrastructure Projects,


32.2. For the procurement of goods and infrastructure projects, the BAC shall evaluate the financial component of the bids
the purpose of bid evaluation is to determine the Lowest to determine the Lowest Calculated Bid using the following
Calculated Bid using the following steps: steps:

32.2.1. The BAC shall immediately conduct a detailed


32.2.1. The BAC shall immediately conduct a detailed evaluation of all bids using non-discretionary
evaluation of all bids using non-discretionary criteria in considering the following:
criteria in considering the following:
a) Completeness of the bid. Unless the
a) Completeness of the bid. Unless the Instructions to Bidders specifically allow partial
Instructions to Bidders specifically allow partial bids, bids not addressing or providing all of the

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bids, bids not addressing or providing all of the required items in the Bidding Documents
required items in the Bidding Documents including, where applicable, bill of quantities,
including, where applicable, bill of quantities, shall be considered non-responsive and, thus,
shall be considered non-responsive and, thus, automatically disqualified. In this regard,
automatically disqualified. In this regard, where a required item is provided, but no price
where a required item is provided, but no price is indicated, the same shall be considered as
is indicated, the same shall be considered as non-responsive, but specifying a 0 (zero) or a
non-responsive, but specifying a 0 (zero) for dash (-) for the said item would mean that it is
the said item would mean that it is being being offered for free to the Government; and
offered for free to the Government; and

b) Arithmetical corrections. xxx. b) Arithmetical corrections. xxx.

xxx xxx

32.4. The entire evaluation process for the procurement of goods 32.4. The entire evaluation process for the procurement of Goods
and infrastructure projects shall be completed within seven and Infrastructure Projects shall be completed within seven
(7) calendar days from the deadline for receipt of proposals. (7) calendar days from the deadline for receipt of proposals.
However, for infrastructure projects costing Fifty Million
Pesos ( 50,000,000) and below, the entire evaluation
process shall be completed in not more than five (5)
calendar days from the deadline for receipt of proposals.

33.3. There should be no replacement of key personnel before the 33.3. There should be no replacement of key personnel before the
awarding of contract, except for justifiable reason, such as, awarding of contract, except for justifiable reason as may be
illness, death, or resignation provided it is duly supported determined by the BAC, such as, illness, death, or
by relevant certificates, or any delay caused by the resignation provided it is duly supported by relevant
procuring entity. The procuring entity shall immediately certificates, or any delay caused by the Procuring Entity.
consider negotiation with the next ranked consultant if The BAC shall immediately consider negotiation with the
unjustifiable replacement of personnel by the first ranked next ranked consultant if unjustifiable replacement of
firm is made. Once the contract has been awarded, no personnel by the first ranked firm is made. Once the

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replacement shall be allowed until after fifty percent (50%) contract has been awarded, no replacement shall be allowed
of the personnels man-months have been served, except for by the HoPE until after fifty percent (50%) of the
justifiable reasons, subject to appropriate sanctions as personnels man-months have been served, except for
prescribed in the PBDs. justifiable reasons, subject to appropriate sanctions as
prescribed in the PBDs.

Section 34. Objective and Process of Post-Qualification Section 34. Objective and Process of Post-Qualification

34.1. The Lowest Calculated Bid/Highest Rated Bid shall xxx. 34.1. The Lowest Calculated Bid/Highest Rated Bid shall xxx.

34.2. Within three (3) calendar days from receipt by the bidder of 34.2. Within five (5) calendar days from receipt by the bidder of
the notice from the BAC that the bidder has the Lowest the notice from the BAC that the bidder has the Lowest
Calculated Bid or Highest Rated Bid, the bidder shall Calculated Bid or Highest Rated Bid, the bidder shall
submit the following documentary requirements to the submit to the BAC: its latest income and business tax
BAC: returns, and other appropriate licenses and permits required
by law and stated in the Bidding Documents.

Failure to submit any of the requirements on time, or a


a) Latest income and business tax returns; finding against the veracity thereof, shall disqualify the
bidder for award: Provided, That in the event that a finding
b) Certificate of PhilGEPS Registration or PhilGEPS against the veracity of any of the documents submitted is
Registration Number if the procuring entity is a made, it shall cause the forfeiture of the Bid Security in
Philippine foreign office or post, provided that accordance with Section 69 of this IRR.
participating bidders should register with the PhilGEPS
prior to bid opening ; and 34.3. The post-qualification shall xxx:

c) Other appropriate licenses and permits required by law a) Legal Requirements. To verify, xxx.
and stated in the Bidding Documents.
b) Technical Requirements. To determine xxx:
Failure to submit the above requirements on time or a
finding against the veracity of such shall be ground for the i) Verification and validation of the bidders xxx, for

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forfeiture of the bid security and disqualify the bidder for the procurement of Infrastructure Projects and
award. Consulting Services;

ii) Verification of availability and commitment, and/or


inspection and testing for the required capacities and
operating conditions, of equipment units to be
34.3. The post-qualification shall xxx: owned/leased/under purchase by the bidder for use
in the contract under bidding, as well as checking
a) Legal Requirements. To verify, xxx. the performance of the bidder in its ongoing
government and private contracts (if any of these on-
b) Technical Requirements. To determine xxx: going contracts shows: a reported

i) Verification and validation of the bidders xxx, for a. Negative slippage of at least fifteen percent
the procurement of infrastructure projects and (15%) in any one project or a negative
consulting services; slippage of at least ten percent (10%) in each
of two (2) or more contracts;, or
ii) Verification of availability and commitment, and/or
inspection and testing for the required capacities and b. Failure of the contractor to commence repair
operating conditions, of equipment units to be works on ongoing contracts within seven (7)
owned/leased/under purchase by the bidder for use calendar days and to complete them within
in the contract under bidding, as well as checking thirty (30) calendar days after receipt of the
the performance of the bidder in its ongoing Procuring Entity's notice of defects and
government and private contracts (if any of these on- deficiencies;
going contracts shows a reported
c. Failure of the contractor to commence repair
negative slippage of at least fifteen percent (15%), works on contracts with pending certificates
or of acceptance within thirty (30) calendar days
and complete them within ninety (90) days
after receipt of the Procuring Entity's notice
of defects and failures; or

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d. Substandard quality of work as per contract plans
and specifications, or unsatisfactory performance
of the contractors obligations as per contract
terms and conditions, at the time of inspection. ,
and

iIf the BAC verifies any of these deficiencies to be


due to the contractors fault or negligence, the
agency shall disqualify the contractor from the
award), for the procurement of Infrastructure
Projects;.

iii) Verification and/or inspection and testing of the


substandard quality of work as per contract plans goods/product, after-sales and/or maintenance
and specifications, or unsatisfactory performance of capabilities, in applicable cases, for the procurement
the contractors obligations as per contract terms and of goods; and as well as checking the following:
conditions, at the time of inspection, and
a. Delay in the partial delivery of goods
amounting to ten percent (10%) of the
if the BAC verifies any of these deficiencies to be contract price in its ongoing government and
due to the contractors fault or negligence, the private contracts;
agency shall disqualify the contractor from the
award), for the procurement of infrastructure b. If any of these contracts shows the bidders
projects; failure to deliver or perform any or all of the
goods or services within the period(s) specified
iii) Verification and/or inspection and testing of the in the contract or within any extension thereof
goods/product, after-sales and/or maintenance granted by the Procuring Entity pursuant to a
capabilities, in applicable cases, for the procurement request made by the supplier prior to the
of goods; and delay, and such failure amounts to at least ten
percent (10%) of the contract price; or

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c. Unsatisfactory performance of the suppliers
obligations as per contract terms and
conditions at the time of inspection.

If the BAC verifies any of these deficiencies to be


due to the bidder's fault or negligence, the BAC
shall disqualify the bidder from the award, for
the procurement of Goods.

iv) Ascertainment of the sufficiency authenticity of the


bid security and its correctness as to type, amount,
form and wording, and validity period as required
in the Bidding Documents.

c) Financial Requirements. To verify, validate and


ascertain the bid price proposal of the bidder and,
whenever applicable, the required CLC committed
Line of Credit in the amount specified and over the
period stipulated in the Bidding Documents, or the
bidders NFCC to ensure that the bidder can sustain the
operating cash flow of the transaction.

34.4. If the BAC determines that the bidder with the Lowest
Calculated Bid/Highest Rated Bid passes all the criteria for
post-qualification, it shall declare the said bid as the Lowest
iv) Ascertainment of the sufficiency of the bid security Calculated Responsive Bid/Highest Rated Responsive Bid
as to type, amount, form and wording, and validity LCRB or HRRB, and recommend to the Head of the
period. Procuring Entity HoPE the award of contract to the said
bidder at its submitted bid price or its calculated bid price,
whichever is lower or, in the case of quality-based
c) Financial Requirements. To verify, validate and evaluation procedure, submitted bid price or its negotiated

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ascertain the bid price proposal of the bidder and, price, whichever is lower.
whenever applicable, the required CLC in the amount
specified and over the period stipulated in the Bidding 34.5. If, however, the BAC xxx.
Documents, or the bidders NFCC to ensure that the
bidder can sustain the operating cash flow of the 34.6. Immediately after the BAC has xxx. If the second bidder
transaction. passes the post-qualification, and provided that the request
for reconsideration of the first bidder has been denied, the
34.4. If the BAC determines that the bidder with the Lowest second bidder shall be post-qualified as the bidder with the
Calculated Bid/Highest Rated Bid passes all the criteria for LCRB or HRRB.
post-qualification, it shall declare the said bid as the Lowest
Calculated Responsive Bid/Highest Rated Responsive Bid, 34.7. If the second bidder, however, fails the post-qualification,
and recommend to the Head of the Procuring Entity the the procedure for post-qualification shall be repeated for the
award of contract to the said bidder at its submitted bid bidder with the next Lowest Calculated Bid/Highest Rated
price or its calculated bid price, whichever is lower or, in Bid, and so on until the LCRB or HRRB, as the case may
the case of quality-based evaluation procedure, submitted be, is determined for award, subject to Section 37 of this
bid price or its negotiated price, whichever is lower. IRR.

34.5. If, however, the BAC xxx. 34.8. The post-qualification process shall be completed in not
more than twelve (12) calendar days from the determination
34.6. Immediately after the BAC has xxx. If the second bidder of the Lowest Calculated Bid/Highest Rated Bid. In
passes the post-qualification, and provided that the request exceptional cases, the post-qualification period may be
for reconsideration of the first bidder has been denied, the extended by the HoPE, but in no case shall the aggregate
second bidder shall be post-qualified as the bidder with the period exceed forty-five (45) calendar days for Goods and
Lowest Calculated Responsive Bid/Highest Rated Infrastructure Projects, or thirty (30) calendar days in
Responsive Bid. Consulting Services.

34.7. If the second bidder, however, fails the post-qualification, In case of post-disqualification of the bidder with the lowest
the procedure for post-qualification shall be repeated for the calculated bid/highest rated bid, the BAC shall be given the
bidder with the next Lowest Calculated Bid/Highest Rated same fresh period to conduct the post qualification of the
Bid, and so on until the Lowest Calculated Responsive Bid next lowest calculated bid/highest rated bid until a bidder is
or Highest Rated Responsive Bid, as the case may be, is post qualified or failure of bidding is declared based on

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determined for award, subject to Section 37 of this IRR. Section 35.1(c) of this IRR.

34.8. The post-qualification process shall be completed in not


more than seven (7) calendar days from the determination
of the Lowest Calculated Bid/Highest Rated Bid. In
exceptional cases, the post-qualification period may be
extended by the Head of the Procuring Entity, but in no case
shall the aggregate period exceed thirty (30) calendar days.

Section 37. Notice and Execution of Award Section 37. Notice and Execution of Award

37.1. Contract Award 37.1. Contract Award

37.1.1. The BAC shall recommend to the Head of the 37.1.1. The BAC shall recommend to the HoPE the award
Procuring Entity the award of contract to the of contract to the bidder with the LCRB, HRRB,
bidder with the Lowest Calculated Responsive SCRB, or SRRB after the post-qualification
Bid/Highest Rated Responsive Bid or the Single process has been completed.
Calculated/Rated Responsive Bid after the post-
qualification process has been completed. To facilitate the approval of the award, the BAC
shall submit the following supporting documents
to the HoPE:
To facilitate the approval of the award, the BAC
shall submit the following supporting documents a) Resolution of the BAC recommending
to the Head of the Procuring Entity: award;
b) Abstract of Bids;
a) Resolution of the BAC recommending c) Duly approved program of work or delivery
award; schedule, and Cost Estimates;
b) Abstract of Bids; d) Document issued by appropriate entity
c) Duly approved program of work or delivery authorizing the procuring entity to incur
schedule, and Cost Estimates; obligations for a specified amount; and
d) Document issued by appropriate entity e) Other pertinent documents required by

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authorizing the procuring entity to incur existing laws, rules, and/or the procuring
obligations for a specified amount; and entity concerned.
e) Other pertinent documents required by
existing laws, rules, and/or the procuring Within three (3) calendar days from the issuance
entity concerned. of the resolution recommending award of the
contract, the BAC shall notify all other bidders, in
writing, of its recommendation.

37.1.2. Within a period not exceeding fifteen (15)


calendar days from the date of receipt of the
recommendation of by the BAC of the bidder
with the LCRB, HRRB, SCRB, or SRRB, and
37.1.2. Within a period not exceeding seven (7) calendar the recommendation to award the contract, the
days from the date of receipt of the Head of the Procuring Entity HoPE or his duly
recommendation of the BAC, the Head of the authorized representative shall approve or
Procuring Entity shall approve or disapprove the disapprove the said recommendation. However,
said recommendation. However, for infrastructure for infrastructure projects with an ABC of Fifty
projects with an ABC of Fifty Million Pesos ( Million Pesos ( 50,000,000) and below, the Head
50,000,000) and below, the Head of the Procuring of the Procuring Entity shall approve or
Entity shall approve or disapprove the said disapprove the said recommendation within four
recommendation within four (4) calendar days. In (4) calendar days. In the case of GOCCs and
the case of GOCCs and GFIs, the period provided GFIs, the period provided herein shall be fifteen
herein shall be fifteen (15) calendar days. Within (15) calendar days. Within the same period
the same period provided herein, the BAC shall provided herein, the BAC shall notify all losing
notify all losing bidders of its decision. bidders of its decision.

37.1.3. In case of approval, the Head of the Procuring


Entity HoPE shall immediately issue the Notice of
Award to the bidder with the Lowest Calculated
37.1.3. In case of approval, the Head of the Procuring Responsive Bid/Highest Rated Responsive Bid
Entity shall immediately issue the Notice of LCRB, HRRB, SCRB, or SRRB.

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Award to the bidder with the Lowest Calculated
Responsive Bid/Highest Rated Responsive Bid. In the event the Head of the Procuring Entity shall
disapprove such recommendation, such
disapproval, which shall be based only on valid,
reasonable, and justifiable grounds to be expressed
In the event the Head of the Procuring Entity shall in writing, copy furnished the BAC as provided
disapprove such recommendation, such for under Section 41 of this IRR, the HoPE
disapproval shall be based only on valid, shall notify the BAC and the bidder in writing
reasonable, and justifiable grounds to be expressed of such decision and the grounds for it.
in writing, copy furnished the BAC.
When applicable, the BAC shall conduct a post-
qualification of the bidder with the next Lowest
Calculated Bid or Highest Rated Bid, as
provided in Section 34.6 of this IRR.

A request for reconsideration may be filed by


the bidder with the HoPE within three (3)
calendar days from receipt of the notice of
disapproval. The HoPE shall resolve with
finality the request for reconsideration within
seven (7) calendar days from the filing thereof
and furnish the bidder a copy of the resolution
immediately from its promulgation. In no case
shall the request for reconsideration stay or
delay the bidding process. However, the
request for reconsideration must first be
resolved before any award is made.

37.1.4. Notwithstanding the issuance of the Notice of


Award, award of contract shall be subject to the
following conditions:

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37.1.4. Notwithstanding the issuance of the Notice of a) Submission of the following documents within
Award, award of contract shall be subject to the the prescribed period ten (10) calendar days
following conditions: from Notice of Award:

a) Submission of the following documents within i) Valid JVA, if applicable, within ten (10)
the prescribed period: calendar days from receipt by the bidder of
the notice from the BAC that the bidder
has the Lowest Calculated Responsive Bid
i) Valid JVA, if applicable, within ten (10) or Highest Rated Responsive Bid, as the
calendar days from receipt by the bidder of case may be; or
the notice from the BAC that the bidder
has the Lowest Calculated Responsive Bid ii) In the case of procurement by a
or Highest Rated Responsive Bid, as the Philippine Foreign Office or Post, the
case may be; or PhilGEPS Registration Number of the
winning foreign bidder;

iii) In the case of infrastructure projects, A


valid PCAB license and registration for the
type and cost of the contract to be bid for
foreign bidders in Infrastructure
ii) In the case of infrastructure projects, valid Projects, within thirty (30) calendar days
PCAB license and registration for the type from receipt by the bidder of the notice
and cost of the contract to be bid for from the BAC that the bidder has the
foreign bidders, within thirty (30) calendar Lowest Calculated Responsive Bid, when
days from receipt by the bidder of the the Treaty or International or Executive
notice from the BAC that the bidder has Agreement expressly allows submission of
the Lowest Calculated Responsive Bid, the PCAB such license and registration for
when the Treaty or International or the type and cost of the contract to be as a
Executive Agreement expressly allows pre-condition to the Notice of Award;
submission of the PCAB license and

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registration for the type and cost of the iv) In the case of Consulting Services, the SEC
contract to be as a pre-condition to the Certificate of Registration of the foreign
Notice of Award; consulting firm, and/or the authorization or
license issued by the appropriate GoP
professional regulatory body of the foreign
professionals engaging in the practice of
regulated professions and allied
professions, where applicable.

b) Posting of performance security in accordance


with Section 39 of this IRR;

c) Signing of the contract as provided in Section


37.2 of this IRR; and
b) Posting of performance security in accordance
with Section 39 of this IRR; d) Approval by higher authority, if required, as
provided in Section 37.3 of this IRR.
c) Signing of the contract as provided in Section
37.2 of this IRR; and 37.1.5. Contract award shall be xxx.

d) Approval by higher authority, if required, as 37.1.6. The BAC, through the Secretariat, xxx.
provided in Section 37.3 of this IRR.
37.2. Contract Signing
37.1.5. Contract award shall xxx.
37.2.1. The winning bidder shall xxx.
37.1.6. The BAC, through the Secretariat, xxx.
37.2.2. The procuring entity shall xxx.
37.2. Contract Signing
37.2.3. The following documents shall form part of the
37.2.1. The winning bidder shall xxx. contract:

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37.2.2. The procuring entity shall xxx. a) Contract Agreement;
b) Bidding Documents;
37.2.3. The following documents shall form part of the c) Winning bidders bid, including the Eligibility
contract: requirements, Technical and Financial
Proposals, and all other documents/statements
a) Contract Agreement; submitted;
b) Bidding Documents; d) Performance Security;
c) Winning bidders bid, including the Eligibility e) Notice of Award of Contract; and
requirements, Technical and Financial f) Other contract documents that may be required
Proposals, and all other documents/statements by existing laws and/or the procuring entity
submitted; concerned in the Bidding Documents, such as
d) Performance Security; the construction schedule and S-curve,
e) Credit line in accordance with the provisions manpower schedule, construction methods,
of this IRR, if applicable; equipment utilization schedule, construction
f) Notice of Award of Contract; and safety and health program approved by the
g) Other contract documents that may be required Department of Labor and Employment, and
by existing laws and/or the procuring entity PERT/CPM for infrastructure projects.
concerned in the Bidding Documents, such as
the construction schedule and S-curve, 37.3. Contract Approval by Higher Authority
manpower schedule, construction methods,
equipment utilization schedule, construction When further approval of higher authority is required, the
safety and health program approved by the approving authority for the contract or his duly authorized
Department of Labor and Employment, and representative shall be given a maximum of twenty (20)
PERT/CPM for infrastructure projects. calendar days from receipt thereof to approve or disapprove
it. In the case of GOCCs, the concerned board or its duly
37.3. Contract Approval by Higher Authority authorized representative shall be given a maximum of
thirty (30) calendar days from receipt thereof to approve or
When further approval of higher authority is required, the disapprove it.
approving authority for the contract or his duly authorized
representative shall be given a maximum of fifteen (15) 37.4. Notice to Proceed
calendar days from receipt thereof to approve or disapprove

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it. However, for infrastructure projects with an ABC of 37.4.1. The Procuring Entity shall issue the Notice to
Fifty Million Pesos ( 50,000,000) and below, the Proceed together with a copy of the approved
maximum period is five (5) calendar days. In the case of contract to the successful bidder within seven (7)
GOCCs, the concerned board or its duly authorized calendar days from the date of approval of the
representative shall be given a maximum of twenty-five contract by the appropriate government approving
(25) calendar days from receipt thereof to approve or authority. All notices called for by the terms of the
disapprove it. contract shall be effective only at the time of
receipt thereof by the successful bidder.
37.4. Notice to Proceed
37.4.2. The Procuring Entity, through the BAC
37.4.1. The procuring entity shall issue the Notice to Secretariat, shall post a copy of the Notice to
Proceed together with a copy of the approved Proceed and the approved contract in the
contract to the successful bidder within three (3) PhilGEPS and the website of the Procuring Entity,
calendar days from the date of approval of the if any, within fifteen (15) calendar days from the
contract by the appropriate government approving issuance of the Notice to Proceed.
authority. However, for infrastructure projects
with an ABC of Fifty Million Pesos (
50,000,000) and below, the maximum period is
two (2) calendar days. The contract effectivity
date shall be provided in the Notice to Proceed by
the procuring entity, which date shall not be later
than seven (7) calendar days from its issuance.

37.4.2. The procuring entity, through the BAC Secretariat,


shall post a copy of the Notice to Proceed and the
approved contract in the PhilGEPS and the website
of the procuring entity, if any, within fifteen (15)

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calendar days from the issuance of the Notice to
Proceed.

Section 38. Period of Action on Procurement Activities Section 38. Period of Action on Procurement Activities

38.1. The procurement process from the opening of bids up to the 38.1. The procurement process from the opening of bids up to the
award of contract shall not exceed three (3) months, or a award of contract shall not exceed three (3) months, or a
shorter period to be determined by the procuring entity shorter period to be determined by the procuring entity
concerned. All members of the BAC shall be on a jury concerned. All members of the BAC shall be on a jury
duty type of assignment until the Notice of Award is issued duty type of assignment until the Notice of Award is issued
by the Head of the Procuring Entity in order to complete the by the HoPE in order to complete the entire procurement
entire procurement process at the earliest possible time. process at the earliest possible time.

For purposes of this section, the xxx. For purposes of this section, the xxx.

38.2. The maximum periods and earliest possible time for action 38.2. The maximum periods and the recommended earliest
on specific procurement activities are provided for in Annex possible time for action on specific procurement activities
C of this IRR. In case the xx. are provided for in Annex C of this IRR. In case the xxx.

38.3. If no action on the contract is xxx.


38.3. If no action on the contract is xxx.

Section 39. Performance Security Section 39. Performance Security

39.1. To guarantee the faithful performance xxx. 39.1. To guarantee the faithful performance xxx.

39.2. The procuring entity shall indicate in the Bidding 39.2. The performance security shall be in an amount not less
Documents at least two (2) acceptable forms of performance than the required percentage of the total contract price in
security taken from two (2) categories below, that bidders accordance with the following schedule:
may opt to use, the amount of which shall be equal to a
percentage of the total contract price in accordance with the

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following schedule:

Amount of Performance
Amount of Performance Security
Form of Performance Security Form of Performance (Not less than the
Security (Equal to Percentage of Security required Percentage of
the Total Contract the Total Contract
Price) Price)
a) Cash or a) Cash or
cashiers/managers check cashiers/managers check
issued by a Universal or issued by a Universal or
Commercial Bank. Commercial Bank.

For biddings conducted


by LGUs, the
cashiers/managers check
may be issued by other
banks certified by the
Goods and Consulting BSP as authorized to Goods and Consulting
Services Five percent issue such financial Services Five percent
(5%) instrument. (5%)
b) Bank draft/guarantee or b) Bank draft/guarantee or
irrevocable letter of credit Infrastructure Projects irrevocable letter of credit Infrastructure Projects
issued by a Universal or Ten percent (10%) issued by a Universal or Ten percent (10%)
Commercial Bank: Commercial Bank:
Provided, however, that it Provided, however, that it
shall be confirmed or shall be confirmed or
authenticated by a authenticated by a
Universal or Commercial Universal or Commercial

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Bank, if issued by a Bank, if issued by a
foreign bank. foreign bank.

For biddings conducted


by LGUs, bank
draft/guarantee, or
irrevocable letter of credit
may be issued by other
banks certified by the
BSP as authorized to
issue such financial
instrument.

c) Surety bond callable upon


c) Surety bond callable upon demand issued by a surety
demand issued by a surety or insurance company
or insurance company duly certified by the
duly certified by the Insurance Commission as Thirty percent (30%)
Insurance Commission as Thirty percent (30%) authorized to issue such
authorized to issue such security.
security.
d) Any combination of the Proportionate to share
foregoing. of form with respect to
total amount of security

For biddings conducted by LGUs, the procuring entity may


also require bidders to submit performance securities in the
form of cashiers/managers check, bank draft/guarantee, or
irrevocable letter of credit from other banks certified by the
BSP as authorized to issue such financial instrument.

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xxx xxx

Section 42. Contract Implementation and Termination Section 42. Contract Implementation and Termination

42.1. The contract implementation guidelines xxx. 42.1. The contract implementation guidelines xxx.

42.2. The contract implementation guidelines xxx. 42.2. The contract implementation guidelines xxx.

42.3. The contract implementation guidelines xxx. 42.3. The contract implementation guidelines xxx.

42.4. The contract termination guidelines as provided for in Annex


I of this IRR.

42.4. No incentive bonus, in whatever form or for whatever 42.4 5. No incentive bonus, in whatever form or for whatever
purpose, shall be allowed. purpose, shall be allowed.

42.5. Procuring Entities may issue a letter of credit in favor of a 42.6. Procuring Entities may cause the issuance of the letter of
local or foreign suppliers; Provided, that, no payment on the credit in favor of a local or foreign suppliers; Provided, that,
letter of credit shall be made until delivery and acceptance no payment on the letter of credit shall be made until
of the goods as certified to by the procuring entity in delivery and acceptance of the goods as certified to by the
accordance with the delivery schedule provided for in the Procuring Entity in accordance with the delivery schedule
contract have been concluded; Provided further, that, the provided for in the contract have been concluded; Provided
cost for the opening of letter of credit shall be for the further, that, the cost for the opening of letter of credit shall
account of the local or foreign supplier and must be stated be for the account of the local or foreign supplier and must
in the Bidding Documents. be stated in the Bidding Documents.

Section 43. Procurement of Domestic and Foreign Goods Section 43. Procurement of Domestic and Foreign Goods

43.1. Scope and Application 43.1. Scope and Application

43.1.1. Consistent with the GOPs obligations under 43.1.1. Consistent with the GoPs obligations under

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international treaties or agreements, goods may be international treaties or agreements, goods may be
obtained from domestic or foreign sources: obtained from domestic or foreign sources:
Provided, xxx. Provided, xxx.

43.1.2. The procuring entity shall give preference to 43.1.2. The Procuring Entity shall give preference to
materials and supplies produced, made and materials and supplies produced, made and
manufactured in the Philippines and to Domestic manufactured in the Philippines, subject to the
Entities, subject to the conditions herein below conditions herein below specified. The award
specified. The award shall be made to the lowest shall be made to the lowest Domestic Bidder or
Domestic Bidder or lowest Domestic Entity, lowest Domestic Entity, provided his bid is not
provided his bid is not more than fifteen percent more than fifteen percent (15%) in excess of the
(15%) in excess of the lowest Foreign Bid. lowest Foreign Bid.

43.1.3. A Domestic Entity can only claim preference if it 43.1.3. A Domestic Bidder can only claim preference if it
secures from the DTI a certification that it has all secures from the DTI a certification that the
the qualifications required under this IRR, in case articles forming part of its bid are substantially
of sole proprietorships, SEC, in case of composed of articles, materials, or supplies grown,
partnerships and corporations, or CDA, in case of produced, or manufactured in the Philippines.
cooperatives.

43.1.4. A Domestic Bidder can only claim preference if it


secures from the DTI a certification that the 43.2. Procedures and Guidelines
articles forming part of its bid are substantially
composed of articles, materials, or supplies grown, 43.2.1. The preference shall be applied when (a) the
produced, or manufactured in the Philippines. lowest Foreign Bid is lower than the lowest bid
offered by a Domestic Bidder, The procuring
43.2. Procedures and Guidelines entity shall ensure that both bids are responsive to
the minimum requirements as specified in the
43.2.1. The preference shall be applied when (a) the Bidding Documents.
lowest Foreign Bid is lower than the lowest bid
offered by a Domestic Bidder, or (b) the lowest 43.2.2. For evaluation purposes, the lowest Foreign Bid

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bid offered by a non-Philippine national is lower shall be increased by fifteen percent (15%).
than the lowest bid offered by a Domestic Entity.
The procuring entity shall ensure that both bids are 43.2.3. In the event that the lowest bid offered by a
responsive to the minimum requirements as Domestic Bidder does not exceed the lowest
specified in the Bidding Documents. Foreign Bid as increased, the Procuring Entity
shall award the contract to the Domestic
43.2.2. For evaluation purposes, the lowest Foreign Bid or Bidder/Entity at the amount of the lowest Foreign
the bid offered by a non-Philippine national shall Bid.
be increased by fifteen percent (15%).
43.2.4. If the Domestic Bidder refuses to accept the award
43.2.3. In the event that (a) the lowest bid offered by a of contract at the amount of the Foreign Bid within
Domestic Bidder does not exceed the lowest two (2) calendar days from receipt of written
Foreign Bid as increased, or (b) the lowest bid advice from the BAC, the Procuring Entity shall
offered by a Domestic Entity does not exceed the award to the bidder offering the Foreign Bid
lowest bid offered by a non-Philippine national as
increased, then the procuring entity shall award the 43.2.5. The award of contract shall be subject to post-
contract to the Domestic Bidder/Entity at the qualification and submission of all the
amount of the lowest Foreign Bid or bid offered by documentary requirements under this IRR.
a non-Philippine national, as the case may be.

43.2.4. If the Domestic Entity/Bidder refuses to accept the


award of contract at the amount of the Foreign Bid
or bid offered by a non-Philippine national within
two (2) calendar days from receipt of written
advice from the BAC, the procuring entity shall
award to the bidder offering the Foreign Bid or the
non-Philippine national, as the case may be,
subject to post-qualification and submission of all
the documentary requirements under this IRR.

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Section 47. Disclosure of Relations Section 47. Disclosure of Relations

All bids shall be accompanied by a sworn affidavit of the bidder that it 47.1 All bids shall be accompanied by a sworn affidavit of the
is not related to the Head of the Procuring Entity, members of the bidder that it is not related to HoPE, members of the BAC,
BAC, the TWG, and the BAC Secretariat, the head of the PMO or the the TWG, and the BAC Secretariat, the head of the PMO or
end-user unit, and the project consultants, by consanguinity or affinity the end-user or implementing unit, and the project
up to the third civil degree. Failure to comply with the aforementioned consultants, by consanguinity or affinity up to the third civil
provision shall be a ground for the automatic disqualification of the bid degree. Failure to comply with the aforementioned provision
in consonance with Section 30 of this IRR. For this reason, relation to shall be a ground for the automatic disqualification of the bid
the aforementioned persons within the third civil degree of in consonance with Section 30 of this IRR. For this reason,
consanguinity or affinity shall automatically disqualify the bidder from relation to the aforementioned persons within the third civil
participating in the procurement of contracts of the procuring entity. degree of consanguinity or affinity shall automatically
On the part of the bidder, this provision shall apply to the following disqualify the bidder from participating in the procurement of
persons: contracts of the Procuring Entity notwithstanding the act of
such persons inhibiting themselves from the procurement
process. On the part of the bidder, this provision shall apply
to the following persons:

a) If the bidder is an individual or a sole proprietorship, to


a) If the bidder is an individual or a sole proprietorship, to the the bidder himself;
bidder himself;
b) If the bidder is a partnership, to all its officers and
b) If the bidder is a partnership, to all its officers and members; members;

c) If the bidder is a corporation, to all its officers, directors, and c) If the bidder is a corporation, to all its officers, directors,
controlling stockholders; and and controlling stockholders;

d) If the bidder is a cooperative, to all its officers, directors,


and controlling shareholders or members; and

e) If the bidder is a joint venture, the provisions of items (a),

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(b), (c), or (d) of this Section shall correspondingly apply to
d) If the bidder is a joint venture, the provisions of items (a), (b), each of the members of the said joint venture, as may be
or (c) of this Section shall correspondingly apply to each of the appropriate.
members of the said joint venture, as may be appropriate.
47.2 All bidders also found to have conflicting interests with each
other shall be disqualified to participate in the procurement at
hand, without prejudice to the imposition of appropriate
administrative, civil, and criminal sanctions. A bidder may be
considered to have conflicting interests with another bidder in
any of the events described in paragraphs (a) through (c)
below and a general conflict of interest in any of the
circumstances set out in paragraphs (d) through (j) below:

a) A bidder has controlling shareholders in common with


another bidder;

b) A bidder receives or has received any direct or indirect


subsidy from any other bidder;

c) A bidder has the same legal representative as that of


another bidder for purposes of this bid;

d) A 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 decisions of the Procuring Entity
regarding this bidding process. This will include a firm or
an organization 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

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personnel would be involved in any capacity on the same
project;

e) A bidder submits more than one bid in this bidding


process. However, this does not limit the participation of
subcontractors in more than one bid;

f) A 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;

g) A 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;

h) If a consultant combines the function of consulting with


those of contracting and/or supply of equipment;

i) If a consultant is associated with, affiliated to, or owned


by a contractor or a manufacturing firm with departments
or design offices offering services as consultants unless
such consultant includes relevant information on such
relationships along with a statement in the technical
proposal cover letter to the effect that the consultant shall
limit its role to that of a consultant and disqualify itself
and its associates from work in any other capacity that
may emerge from the project (including bidding for any
part of the future project). The contract with the
consultant selected to undertake the project shall contain

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an appropriate provision to such effect; or

j) If there is a conflict among consulting projects, the


consultant (including its personnel and subcontractors)
and any subsidiaries or entities controlled by such
consultant shall not be recruited for the relevant project.
The duties of the consultant depend on the circumstances
of each case. While continuity of consulting services may
be appropriate in particular situations where no conflict
exists, a consultant cannot be recruited to carry out a
project that, by its nature, shall result in conflict with a
prior or current project of such consultant. Examples of
the situations mentioned are when a consultant engaged
to prepare engineering design for an infrastructure project
shall not be recruited to prepare an independent
environmental assessment for the same project; similarly,
a consultant assisting a Procuring Entity in privatization
of public assets shall not purchase, nor advise purchasers,
of such assets; or a consultant hired to prepare terms of
reference for a project shall not be recruited for the
project in question.

Section 48. Alternative Methods Section 48. Alternative Methods

48.1. Subject to the prior approval of the Head of the Procuring 48.1. Subject to the prior approval of the HoPE, and whenever
Entity, and whenever justified by the conditions provided in justified by the conditions provided in this Act, the
this Act, the procuring entity may, in order to promote Procuring Entity may, in order to promote economy and
economy and efficiency, resort to any of the alternative efficiency, resort to any of the alternative methods of
methods of procurement provided in this Rule. In all procurement provided in this Rule. In all instances, the
instances, the procuring entity shall ensure that the most Procuring Entity shall ensure that the most advantageous
advantageous price for the Government is obtained. price for the Government is obtained.

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48.2. In accordance with Section 10 of this IRR, xxx.


48.2. In accordance with Section 10 of this IRR, xxx.
48.3. The method of procurement to be used shall be as indicated
48.3. The method of procurement to be used shall be as indicated in the approved APP. If the original mode of procurement
in the approved APP. If the original mode of procurement recommended in the APP was competitive bidding but
recommended in the APP was public bidding but cannot be cannot be ultimately pursued, the BAC, through a
ultimately pursued, the BAC, through a resolution, shall resolution, shall justify and recommend the change in the
justify and recommend the change in the mode of mode of procurement to be approved by HoPE. Such
procurement to be approved by the Head of the procuring changes must be reflected in the APP to be submitted to
entity. the GPPB, pursuant to Section 7.4 of this IRR.

Section 51. Repeat Order Section 51. Repeat Order

Repeat Order, when provided for in the APP, is a method of Repeat Order, when provided for in the APP, is a method of
procurement of goods from the previous winning bidder, whenever procurement of Goods from the previous winning bidder, whenever
there is a need to replenish goods procured under a contract previously there is a need to replenish goods procured under a contract previously
awarded through Competitive Bidding. Repeat orders shall likewise be awarded through Competitive Bidding. Repeat orders shall likewise be
subject to the following conditions: subject to the following conditions:

a) Unit prices of the repeat order must be the same as or lower a) Unit prices of the repeat order must be the same as or lower
than those in the original contract, provided that such prices are than those in the original contract, provided that such prices are
still the most advantageous to the GOP after price verification; still the most advantageous to the GoP after price verification;

b) The repeat order will xxx; b) The repeat order will xxx;

c) Except in cases duly approved by the GPPB, the repeat order c) Except in cases duly approved by the GPPB, the repeat order
shall be availed of only within six (6) months from the contract shall be availed of only within six (6) months from the date of
effectivity date stated in the Notice to Proceed arising from the the Notice to Proceed arising from the original contract:
original contract; and Provided, That there has been a partial delivery, inspection and
acceptance of the goods within the same 6-month period; and

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d) Repeat orders shall not exceed twenty-five percent (25%) of the


d) The repeat order shall not exceed twenty-five percent (25%) of quantity of each item in the original contract. In order not to
the quantity of each item in the original contract. exceed the 25% threshold, the goods under the original contract
must be:

i. Quantifiable
ii. Divisible; and
iii. Consisting of at least four (4) units per item.

Section 52. Shopping Section 52. Shopping

52.1. Shopping is a method of procurement xxx. 52.1. Shopping is a method of procurement xxx.

52.2. The phrase ordinary or regular office supplies shall be 52.2. The phrase ordinary or regular office supplies shall be
understood to include those supplies, commodities, or understood to include those supplies, commodities, or
materials which, depending on the procuring entitys materials which are necessary in the transaction of its
mandate and nature of operations, are necessary in the official businesses, and consumed in the day-to-day
transaction of its official businesses, and consumed in the operations.
day-to-day operations of said procuring entity.
However, office supplies shall not xxx.
However, office supplies shall not xxx.
52.3. Under Section 52.1 (b) of this IRR, at least xxx.
52.3. Under Section 52.1 (b) of this IRR, at least xxx.
52.4. The thresholds prescribed in Annex H of xxx.
52.4. The thresholds prescribed in Annex H of xxx.

Section 53. Negotiated Procurement Section 53. Negotiated Procurement

Negotiated Procurement is a method of procurement of goods, Negotiated Procurement is a method of procurement of Goods,
infrastructure projects and consulting services, whereby the procuring Infrastructure Projects and Consulting Services, whereby the Procuring

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entity directly negotiates a contract with a technically, legally and Entity directly negotiates a contract with a technically, legally and
financially capable supplier, contractor or consultant in any of the financially capable supplier, contractor or consultant in any of the
following cases: following cases:

53.1. Two Failed Biddings. Where there has been failure of 53.1. Two Failed Biddings. Where there has been failure of
public bidding for the second time as provided in Section 35 competitive bidding or Limited Source Bidding for the
of the Act and this IRR. second time as provided in Section 35 of the Act and this
IRR.

53.1.1. After conduct of the mandatory review of the 53.2. Emergency Cases. In case of imminent danger xxx. In
terms, conditions, specifications, and cost the case of Infrastructure Projects, the Procuring Entity has the
estimates, as prescribed in Section 35 of this IRR, option to undertake the project through negotiated procurement or
the BAC shall revise and agree on the minimum by administration or, in high security risk areas, through the AFP.
technical specifications, and if necessary, adjust
the ABC, subject to the required approvals. 53.3. Take-Over of Contracts. Take-over of contracts, which
However, the ABC cannot be increased by more have been rescinded or terminated xxx.
than twenty percent (20%) of the ABC for the last
failed bidding. 53.4. Adjacent or Contiguous. Where the subject contract is
adjacent or contiguous to an on-going Infrastructure Project
53.1.2. The BAC shall invite and engage in negotiations or Consulting Service where the consultants have unique
with a sufficient number of suppliers, contractors experience and expertise to deliver the required service:
or consultants to ensure effective competition. Provided, however, That (a) the original contract is the
result of a Competitive Bidding; (b) the subject contract to
53.1.2.1. In the case of infrastructure projects, be negotiated has similar or related scopes of work; (c) it is
bona fide contractors licensed with the within the contracting capacity of the contractor/consultant;
CIAP whose eligibility documents are (d) the contractor/consultant uses the same prices or lower
on file with the procuring entity unit prices as in the original contract less mobilization cost;
concerned or the Department of Public (e) the amountof the contiguous or adjacent work
Works and Highways (DPWH) involved does not exceed the amount of the ongoing
Contractors Registry, as the case may project; and (f) the contractor/consultant has no negative
be, and who have been classified under slippage/delay: Provided, further, That negotiations for the

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the type of contract/project where the procurement of the contiguous or adjacent work are
subject contract falls are eligible to be commenced before the expiry of the original contract.
invited for negotiation. Other
contractors not previously deemed 53.5. Agency-to-Agency. Procurement of Goods, Infrastructure
eligible may also apply for eligibility. Projects, and Consulting Services, and goods from another
agency of the GoP, such as the PS-DBM-PS, which is
53.1.2.2. All Procuring Entities shall maintain a tasked with a centralized procurement of Common-Use
registry of suppliers, contractors, and Supplies for the GoP in accordance with Letters of
consultants as basis for drawing up the Instruction No. 755 and Executive Order E.O. No. 359,
short list and/or selecting the suppliers, series. of 1989.
contractors, and consultants for
negotiations. 53.6. Procurement Agent. In order to hasten project
implementation, Procuring Entities which may not have the
53.1.3. Any requirements, guidelines, documents, proficiency or capability to undertake a particular
clarifications, or other information relative to the procurement, as determined by the Head of the Procuring
negotiations that are communicated by the Entity concerned, may request other GOP agencies to
procuring entity to a supplier, contractor, or undertake such procurement for them, or at their option,
consultant shall be communicated on an equal recruit and hire consultants or procurement agents to assist
basis to all other suppliers, contractors, or them directly and/or train their staff in the management of
consultants engaging in negotiations with the the procurement function. The GPPB shall issue guidelines
procuring entity relative to the procurement. to implement this provision.

53.1.4. Following completion of the negotiations, the 53.6. Scientific, Scholarly or Artistic Work, Exclusive
procuring entity shall request all suppliers, Technology and Media Services. Where Goods,
contractors, or consultants remaining in the Infrastructure Projects and Consulting Services can be
proceedings to submit, on a specified date, a best contracted to a particular supplier, contractor or
and final offer with respect to all aspects of their consultant and as determined by the HoPE, for any of
proposals. the following:

53.1.5. The procuring entity shall select the successful 1. The requirement is for:
offer on the basis of such best and final offers

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which should meet the procuring entitys a. Work of art; commissioned work or services of
minimum technical requirements and should not an artist for a specific artist skills (e.g., Singer,
exceed the ABC. poet, writer, painter, sculptor, etc.);
b. Scientific, academic, scholarly work or research,
53.1.6. In all stages of the negotiations, observers shall be or legal services;
invited. c. Highly-specialized life-saving medical
equipment, as certified by the Department of
53.2. Emergency Cases. In case of imminent danger xxx. In the Health (DOH);
case of infrastructure projects, the procuring entity has the d. Scientific, technical, economic, business, trade or
option to undertake the project through negotiated legal journal, magazine, paper, subscription, or
procurement or by administration or, in high security risk other exclusive statistical publications and
areas, through the AFP. references; or
e. Media documentation, advertisement, or
53.3. Take-Over of Contracts. Take-over of contracts, which announcement through television, radio,
have been rescinded or terminated xxx. newspaper, internet, and other communication
media.
53.3.1. The contract may be negotiated starting with the
second lowest calculated/highest rated bidder for Due to the nature of the information to be
the project under consideration at the bidders disseminated, alongside principles of transparency,
original bid price. efficiency and economy, award to more than one (1)
supplier may be made by the Procuring Entity.
53.3.2. If negotiation fails, then negotiation shall be done
with the third lowest calculated/highest rated 2. The construction or installation of an infrastructure
bidder at his original price. If the negotiation fails facility where the material, equipment, or
again, a short list of at least three (3) eligible technology under a proprietary right can only be
contractors shall be invited to submit their bids, obtained from the same contractor.
and negotiation shall be made starting with the
lowest calculated/highest rated bidder.
53.7. Highly Technical Consultants. xxx: Provided, however,
53.3.3. Authority to negotiate contracts for projects under That the term of the individual consultants shall, at the
these exceptional cases shall be subject to prior most, be on a six month basis, renewable at the option of the

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approval by the Heads of the Procuring Entities appointing Head of the Procuring Entity HoPE, but in no
concerned, within their respective limits of case shall exceed the term of the latter.
approving authority.
53.8. Defense Cooperation Agreement. Upon prior approval by
53.4. Adjacent or Contiguous. Where the subject contract is the President of the Philippines, xxx.
adjacent or contiguous to an on-going Infrastructure Project
or Consulting Service where the consultants have unique 53.9. Small Value Procurement. Procurement of Goods,
experience and expertise to deliver the required service: Infrastructure Projects and Consulting Services,
Provided, however, That (a) the original contract is the Wwhere the amount involved does not exceed the
result of a Competitive Bidding; (b) the subject contract to thresholds prescribed in Annex H of this IRR: Provided,
be negotiated has similar or related scopes of work; (c) it is That in case of Goods, the procurement does not fall
within the contracting capacity of the contractor/consultant; under shopping in Section 52 of this IRR.
(d) the contractor/consultant uses the same prices or lower
unit prices as in the original contract less mobilization cost; 53.9.1. The procuring entity shall draw up a list of at least
(e) the amount involved does not exceed the amount of the three (3) suppliers, contractors, or consultants of
ongoing project; and (f) the contractor/consultant has no known qualifications which will be invited to
negative slippage/delay: Provided, further, That submit proposals, in the case of goods and
negotiations for the procurement are commenced before the infrastructure projects, or curriculum vitae, in the
expiry of the original contract. case of consulting services.

53.9.2. The thresholds prescribed in Annex H of this


IRR shall be subject to the periodic review by the
53.5. Agency-to-Agency. Procurement of infrastructure projects, GPPB. For this purpose, the GPPB shall be
consulting services, and goods from another agency of the authorized to increase or decrease the said amount
GOP, such as the PS-DBM, which is tasked with a in order to reflect the changes in economic
centralized procurement of Common-Use Supplies for the conditions and for other justifiable reasons.
GOP in accordance with Letters of Instruction No. 755 and
Executive Order No. 359, series of 1989. 53.10. Lease of Real Property and Venue. Lease of privately
owned real property and venue for official use, subject to
guidelines to be issued by the GPPB Annex H of this
53.6. Procurement Agent. In order to hasten project IRR.

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implementation, Procuring Entities which may not have the
proficiency or capability to undertake a particular 53.11. NGO Participation. When an appropriation law or
procurement, as determined by the Head of the Procuring ordinance earmarks an amount to be specifically contracted
Entity concerned, may request other GOP agencies to out to Non-Governmental Organizations (NGOs), the
undertake such procurement for them, or at their option, Procuring Entity may enter into a Memorandum of
recruit and hire consultants or procurement agents to assist Agreement with an NGO, subject to the guidelines to be
them directly and/or train their staff in the management of issued by the GPPB for the purpose.
the procurement function. The GPPB shall issue guidelines
to implement this provision. 53.12. Community Participation. Where, in the interest of project
sustainability or to achieve certain specific social
objectives, it is desirable in selected projects, or its
components, to call for participation of local communities
in the delivery of goods, including non-consulting services,
and simple infrastructure projects, subject to the
Community Participation Procurement Manual (CPPM)
issued by the GPPB.

53.13. 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; and
(b) specialized products where the number of suppliers is
limited, such as 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.

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53.7. Highly Technical Consultants. xxx: Provided, however,


That the term of the individual consultants shall, at the
most, be on a six month basis, renewable at the option of the
appointing Head of the Procuring Entity, but in no case
shall exceed the term of the latter.

53.8. Defense Cooperation Agreement. Upon prior approval by


the President of the Philippines, xxx.

53.9. Small Value Procurement. Where the procurement does


not fall under Shopping in Section 52 of this IRR and the
amount involved does not exceed the thresholds prescribed
in Annex H of this IRR.

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53.9.1. The procuring entity shall draw up a list of at least


three (3) suppliers, contractors, or consultants of
known qualifications which will be invited to
submit proposals, in the case of goods and
infrastructure projects, or curriculum vitae, in the
case of consulting services.

53.9.2. The thresholds prescribed in Annex H of this


IRR shall be subject to the periodic review by the
GPPB. For this purpose, the GPPB shall be
authorized to increase or decrease the said amount
in order to reflect the changes in economic
conditions and for other justifiable reasons.

53.10. Lease of Real Property. Lease of privately owned real


property and venue for official use, subject to guidelines to
be issued by the GPPB.

53.11. NGO Participation. When an appropriation law or


ordinance earmarks an amount to be specifically contracted
out to Non-Governmental Organizations (NGOs), the
procuring entity may enter into a Memorandum of
Agreement with an NGO, subject to guidelines to be issued
by the GPPB.

53.12. Community Participation. Where, in the interest of project


sustainability or to achieve certain specific social
objectives, it is desirable in selected projects, or its
components, to call for participation of local communities

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in the delivery of goods, including non-consulting services,
and simple infrastructure projects, subject to the guidelines
to be issued by the GPPB.

53.13. United Nations Agencies. Procurement from specialized


agencies of the United Nations of any of the following: (a)
small quantities of off-the-shelf goods, primarily in the
fields of education and health; and (b) specialized products
where the number of suppliers is limited, such as vaccines
or drugs.

Section 54. Terms and Conditions for the use of Alternative Methods Section 54. Terms and Conditions for the use of Alternative Methods

54.1. Splitting of Government Contracts is not allowed. xxx. 54.1. Splitting of Government Contracts is not allowed. xxx.

For Infrastructure Projects to be implemented by phases, the


Procuring Entity shall ensure that there is a clear delineation
of work for each phase, which must be usable and
structurally sound. It shall also ensure the conduct of the
detailed engineering activities for each phase as provided
for in Annex A of this IRR.

54.2. For alternative methods of procurement, advertisement and 54.2. For alternative methods of procurement, the procuring
posting as prescribed in Section 21.2.1 of this IRR may be Entity may dispense with the advertisement in the
dispensed with: Provided, however, That newspaper and posting requirement as prescribed in Section
21.2.1 of this IRR

For the following modalities, however, the BAC, through its


the BAC, through its Secretariat, shall post the invitation or Secretariat, shall post the invitation or request for

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request for submission of price quotations for Shopping submission of price quotations/proposals in the PhilGEPS
under Sections 52.1 (b) and Negotiated Procurement under website, the website of the procuring entity concerned, if
Sections 53.1 (two-failed biddings), 53.9 (small value available, and at any conspicuous place reserved for this
procurement); and 53.11 (NGO Participation) of this IRR purpose in the premises of the Procuring Entity for a period
in the PhilGEPS website, the website of the procuring entity of at least three (3) calendar days. :
concerned, if available, and at any conspicuous place
reserved for this purpose in the premises of the procuring 1. Section 49 Limited Source Bidding;
entity for a period of seven (7) calendar days. 2. Section 52.1(b) Shopping for ordinary office supplies
and equipment not available in DBM-PS (for ABC
above Fifty Thousand Pesos ( 50,000.00));
3. Section 53.1 Two Failed Biddings;
4. Section 53.9 Small Value Procurement (For ABC above
Fifty Thousand Pesos ( 50,000.00)); and
5. Section 53.11 NGO Participation.

54.3. In all instances of alternative methods of procurement, the


BAC, through the Secretariat, shall post, for information
purposes, the notice of award in the PhilGEPS website, the
website of the Procuring Entity concerned, if available, and
at any conspicuous place reserved for this purpose in the
premises of the Procuring Entity, except for contracts with
54.3. In all instances of alternative methods of procurement, the ABC of Fifty Thousand Pesos ( 50,000.00) and below..
BAC, through the Secretariat, shall post, for information
purposes, the notice of award in the PhilGEPS website, the 54.4. Except for Limited Source Bidding under Section 49 of this
website of the procuring entity concerned, if available, and IRR, submission of bid securities may be dispensed with.
at any conspicuous place reserved for this purpose in the
premises of the procuring entity. 54.5. Performance and Warranty Securities.

Performance and/or warranty securities are required for the


following alternative methods of procurement, in
54.4. Except for Limited Source Bidding under Section 49 of this accordance with Sections 39 and 62 of this IRR:

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IRR, submission of bid securities may be dispensed with.
Alternative Performance Warranty
54.5. Performance and warranty securities, as prescribed in Method of Security Security
Sections 39 and 62 of this IRR, shall be submitted for Procurement (PS)
contracts acquired through the alternative methods of Limited Source For highly
procurement, except for Shopping under Section 52 and Bidding specialized types
Negotiated Procurement under Sections 53.2 (emergency of goods, WS is
cases), 53.5 (agency-to-agency), 53.9 (small value required.
procurement), 53.10 (lease of real property), 53.12 Direct X
(community participation), and 53.13 (UN agencies). Contracting
Repeat Order X
Two Failed
Biddings In no case shall
WS be
required in the
procurement of
Consulting
Services.
Emergency Procuring Entity Procuring Entity
Cases may require PS may
depending on the require WS
nature of the depending
procurement on the nature of
project. the procurement
However, for project.
Infrastructure In no case shall
Projects, PS is WS be
required. required in the
procurement of
Consulting
Services.

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Take-over
Contracts
Adjacent / For
Contiguous Infrastructure
Projects, WS is
required.
Small Value Procuring Entity Procuring Entity
Procurement may require PS may
depending on the require WS
nature of the depending on the
procurement nature of the
project. procurement
However, for project.
Infrastructure In no case shall
Projects, PS is WS be
required. required in the
procurement of
Consulting
Services.

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


consultants are mandated to register with PhilGEPS and
provide a PhilGEPS Registration number in the following
alternative methods of procurement as a condition for award
of the contract:

(a) Section 50 Direct Contracting


(b) Section 52.1 (b) Shopping for Ordinary Office
Supplies and Equipment not available in the
Procurement Service
(c) Section 53.3 Take Over of Contracts

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(d) Section 53.6 Scientific, Scholarly, or Artistic Work,
Exclusive Technology and Media Services
(e) Section 53.7 Highly Technical Consultants
(f) Section 53.9 Small Value Procurement
(g) Section 53.4 10 Lease of Real Property and Venue
54.6. Manufacturers, suppliers, distributors, contractors, and/or (h) Section 53.11 NGO Participation
consultants are mandated to register with PhilGEPS and
provide a PhilGEPS Registration number in the following For purposes of Limited Source Bidding under Section 49
alternative methods of procurement as a condition for award and Two Failed Biddings under Section 53.1, the BAC shall
of the contract: require the submission of a certificate of PhilGEPS
registration in accordance with Section 8.5.2 of this IRR.
(a) Section 49 Limited Source Bidding
(b) Section 50 Direct Contracting
(c) Section 51 Repeat Order 54.7. The specific terms, conditions and documentary
(d) Section 52.1 (b) Shopping for Ordinary Office requirements, including the limitations and restrictions, for
Supplies and Equipment not available in the the application of each of the alternative methods mentioned
Procurement Service in this article shall be provided for in Annex "H" of this IRR
(e) Section 53.1 Two Failed Bidding and guidelines specifically issued for this purpose.
(f) Section 53.3 Take Over of Contracts
(g) Section 53.4 Adjacent and Contiguous
(h) Section 53.9 Small Value Procurement
(i) Section 53.10 Lease of Real Property
(j) Section 53.11 NGO Participation

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EXCEPT for the following:

(a) Section 52.1 (a) Shopping under Unforeseen


Contingency
(b) Section 53.2 Emergency Cases
(c) Section 53.5 Agency to Agency Agreements
(d) Section 63.6 Procurement Agent (except private
procurement agents)
(e) Section 53.7 Highly Technical Consultants
(f) Section 53.8 Defense Cooperation Agreement
(g) Section 53.12 Community Participation
(h) Section 53.13 United Nations Agency

Section 55. Protests on Decisions of the BAC Section 55. Protests on Decisions of the BAC

55.1. Decisions of the BAC at any stage of the procurement 55.1. Decisions of the BAC at any stage of the procurement
process may be questioned by filing a request for process may be questioned by filing a request for
reconsideration within the three (3) calendar days upon reconsideration within the three (3) calendar days upon
receipt of written notice or upon verbal notification. The receipt of written notice or upon verbal notification. The
BAC shall decide on the request for reconsideration within BAC shall decide on the request for reconsideration within
seven (7) calendar days from receipt thereof. seven (7) calendar days from receipt thereof. The bidder
shall not be allowed to submit additional documents to

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correct any defects in the bid submitted.

If a failed bidder signifies his intent to file a request for If a failed bidder signifies his intent to file a request for
reconsideration, the BAC shall keep the bid envelopes of reconsideration, the BAC shall keep the bid envelopes of
the said failed bidder unopened and/or duly sealed until the said failed bidder unopened and/or duly sealed until
such time that the request for reconsideration has been such time that the request for reconsideration has been
resolved. resolved.

xxx xxx

Section 56. Resolution of Protests Section 56. Resolution of Protests

The protests shall be resolved strictly on the basis of records of the The protests shall be resolved strictly on the basis of records of the
BAC. The Head of the Procuring Entity shall resolve the protest BAC. The HoPE shall resolve the protest within seven (7) calendar
within seven (7) calendar days from receipt thereof. Subject to the days from receipt thereof. Subject to the provisions of existing laws on
provisions of existing laws on the authority of Department Secretaries the authority of Department Secretaries and the heads of agencies,
and the heads of agencies, branches, constitutional commissions, or branches, constitutional commissions, or instrumentalities of the GoP
instrumentalities of the GOP to approve contracts, the decisions of the to approve contracts, the decisions of the HoPE concerned shall be
Head of the Procuring Entity concerned shall be final up to the limit of final up to the limit of his contract approving authority. With respect
his contract approving authority. With respect to LGUs, the decision to LGUs, the decision of the local chief executive shall be final.
of the local chief executive shall be final. The head of the BAC
Secretariat shall furnish the GPPB a copy of the decision resolving the
protest within seven (7) calendar days from receipt thereof.

Section 62. Warranty Section 62. Warranty

62.1. For the procurement of goods, in order to assure that 62.1. For the procurement of Goods, in order to assure that
manufacturing defects shall be corrected by the supplier, a manufacturing defects shall be corrected by the supplier, a
warranty security shall be required from the contract warranty security shall be required from the contract
awardee for a minimum period of three (3) months, in the awardee for a minimum period of three (3) months, in the
case of Expendable Supplies, or a minimum period of one case of Expendable Supplies, or a minimum period of one

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(1) year, in the case of Non-expendable Supplies, after (1) year, in the case of Non-expendable Supplies, after
acceptance by the procuring entity of the delivered supplies. acceptance by the procuring entity of the delivered supplies.

The obligation for the warranty shall be covered by either The obligation for the warranty shall be covered by either
retention money in an amount equivalent to at least ten retention money in an amount equivalent to at least one
percent (10%) of every progress payment, or a special bank percent (1%) of every progress payment, or a special bank
guarantee equivalent to at least ten percent (10%) of the guarantee equivalent to at least one percent (1%) of the total
total contract price. The said amounts shall only be released contract price. The said amounts shall only be released after
after the lapse of the warranty period or, in the case of the lapse of the warranty period or, in the case of
Expendable Supplies, after consumption thereof: Provided, Expendable Supplies, after consumption thereof: Provided,
xxx. xxx.

xxx xxx

63.2. The GPPB Technical Support Office 63.2. The GPPB Technical Support Office

The GPPB shall create a Technical Support Office (TSO) which shall The GPPB shall create a Technical Support Office (TSO) which shall
provide support in the performance of its duties and responsibilities provide support in the performance of its duties and responsibilities
specified in the Act and this IRR. specified in the Act and this IRR. The
TSO shall be an attached agency of the DBM and shall be under its
administrative supervision for general oversight and for budgeting
purposes.

The GPPB shall determine the TSOs organizational structure and


The GPPB shall determine the TSOs organizational structure and staffing, subject to DBM approval. The TSO shall be headed by an
staffing, subject to DBM approval. The TSO shall be headed by an Executive Director of good moral character, unquestionable integrity,
Executive Director of good moral character, unquestionable integrity, and known probity, to be appointed by the Secretary of the DBM as
and known probity. Chair of the GPPB. All other officials and employees of the TSO shall
be appointed likewise by the Chair of the GPPB, upon favorable
recommendation of the TSOs Executive Director.

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Section 64. Membership Section 64. Membership

The GPPB shall be composed of the Secretary of the Department of The GPPB shall be composed of the Secretary of the Department of
Budget and Management, as Chairman, the Director-General of Budget and Management, as Chairperson, the Director-General of
NEDA, as Alternate Chairman, with the following as Members; the NEDA, as Alternate Chairperson, with the following as Members; the
Secretaries of the Departments of Public Works and Highways, Secretaries of the Departments of Public Works and Highways,
Finance, Trade and Industry, Health, National Defense, Education, Finance, Trade and Industry, Health, National Defense, Education,
Interior and Local Government, Science and Technology, Interior and Local Government, Science and Technology,
Transportation and Communications, and Energy, or their duly Transportation, Information and Communications Technology, and
authorized representatives and a representative from the private sector Energy, or their duly authorized representatives and a representative
to be appointed by the President upon the recommendation of the from the private sector to be appointed by the President upon the
GPPB. The GPPB may invite representatives from the COA or from recommendation of the GPPB. The GPPB may invite representatives
relevant Government agencies and private sectors to serve as resource from the COA or from relevant Government agencies and private
persons. sectors to serve as resource persons.

Section 68. Liquidated Damages Section 68. Liquidated Damages

All contracts executed in accordance with the Act and this IRR shall All contracts executed in accordance with the Act and this IRR shall
contain a provision on liquidated damages which shall be payable by contain a provision on liquidated damages which shall be payable by
the contractor in case of breach thereof. For the procurement of goods, the contractor in case of breach thereof. For the procurement of
infrastructure projects and consulting services, the amount of the Goods, Infrastructure Projects, and Consulting Services, the amount of
liquidated damages shall be at least equal to one-tenth of one percent the liquidated damages shall be at least equal to one-tenth of one
(0.001) of the cost of the unperformed portion for every day of delay. percent (0.001) of the cost of the unperformed portion for every day of
Once the cumulative amount of liquidated damages reaches ten percent delay. Once the cumulative amount of liquidated damages reaches ten
(10%) of the amount of the contract, the procuring entity shall rescind percent (10%) of the amount of the contract, the Procuring Entity may
the contract, without prejudice to other courses of action and remedies rescind or terminate the contract, without prejudice to other courses of
open to it. action and remedies open to it.

Annex A Detailed Engineering for the Procurement of Infrastructure Projects


2. A schedule of detailed engineering activities shall include the 2. A schedule of detailed engineering activities shall include the
following: following:

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a) Survey a) Survey
b) Site Investigation b) Site Investigation
c) Soils and Foundation Investigation c) Soils and Foundation Investigation
d) Construction Materials Investigation d) Construction Materials Investigation
e) Preparation of Design Plans e) Preparation of Design Plans
f) Preparation of Technical Specifications f) Preparation of Technical Specifications
g) Preparation of Quantity and Cost Estimates g) Preparation of Quantity and Cost Estimates
h) Preparation of Program of Work h) Preparation of Program of Work
i) Preparation of Proposed Construction Schedule (and i) Preparation of Proposed Construction Schedule (and
estimated Cash Flow for projects with Schedule over Six estimated Cash Flow for projects with Schedule over Six
(6) Months) (6) Months)
j) Preparation of Site or Right-of-Way Plans including j) Preparation of Site or Right-of-Way Plans including
Schedule of Acquisition Schedule of Acquisition
k) Preparation of Utility Relocation Plan k) Preparation of Utility Relocation Plan
l) Preparation and Submission of Design Report l) Preparation and Submission of Design Report
m) Environmental Impact Statement for critical project as m) Environmental Impact Statement for critical project as
defined by the Department of Environment and Natural defined by the Department of Environment and Natural
Resources (DENR) Resources (DENR)
n) Preparation of minimum requirements for a Construction n) Preparation of minimum requirements for a Construction
Safety and Health Program for the project being Safety and Health Program for the project being
considered considered
o) Preparation of Bid/Tender Documents o) Value Engineering Studies
p) Preparation of Bid/Tender Documents

New Provision:

4. For projects to be implemented by phases, the Procuring Entity


shall ensure that there is a clear delineation of work for each
phase, which must be usable, and structurally sound. It shall
also ensure the conduct of the detailed engineering activities

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for each phase as provided for in Item 2 of this Guidelines

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