PHILIPPIN PHI LIPPINE E CONSTRUCTORS ASSOCIATION AUTHO AUT HORIZED RIZED MANAGI MANAGING NG OFFICE OFFICERS’ RS’ COU COURSE RSE SMX CONVENTION CENTER NOVEMBER 10, 2011
The Govern Government ment Procurem P rocurement ent Sy Syste stem m An Overview
2
What is is Public Procurement?
What is Procurement Procurement? ? 3
Procurement refers to the acquisition of goods, consulting services, and the contracti contracting ng for infr infrastructure astructure project proj ects s by procuring entity. (Sec. 5(aa), IRR, R.A. 9184) Procurement mean Procurement means s the acq acq uisit uisi ti on by any means of goods, construction or servi services. ces. (UNCITRAL Model Model Law on Procurement )
What is Procurement Procurement? ? 4
Acquisition means the acquiring by contract contract with wi th appropriat appropri ated ed funds of of supplies or services (including constructi construction) on) by and for the use of o f the Federal Federal Government Government thr t hroug ough h purchase or lease, whether the supplies or servi services ces are already in i n exi existe stence nce or must mu st be created, developed, demonstrated, and and evaluat evaluated. ed. (FAR, US)
What is Procurement Procurement? ? 5
Procurement encompasses the whole process process of acqui cqui ri ng property property or se services. rvices. It begins when an agency has identified a need and decided on its procurement requirement. Procurement continues through the processes of risk assessment, seeking and evaluating alternative solutions, contract award, delivery of and payment for the property or services and, where relevant, the ongoing management of a contract and consideration of options
What is Procurement Procurement? ? 6
Procurement we define as the whole of life-cycle process of acquisition of goods, goods, servi services ces and and works from thi thi rd part partii es – beginn beginnii ng when when a req require uiremen mentt is first defined and ending with the ultimate disposal of an asset or end of a service contract. ( P. Gershon, OGC, OG C, UK) UK)
What is Procurement Procurement? ? 7
Value for Money – is the the opt optimu imum combination of whole of life costs and quality to meet the customer’s require irement ents… ( P.G.) It must be government’s policy that all public publi c procureme procurement, nt, should be based on value for money, having due regard to propriety and regularity. (P.G.)
What is Procurement Procurement? ? 8
LCC – Life Cycle Cos Costting
“Cost” “Cost” should consider consider al al l costs throughou hroughoutt the the l i fe-c fe-cyc ycll e – ac acqu quii siti siti on cost, utility utili ty costs costs (energy/water (energy/water consumption, maintenance), and disposal costs. costs.
“C “C to G” G” vis-à-vis “C “C to C” C”
What is Procurement Procurement? ? 9
5 Rights in Public Proc P rocurement: urement: Right Source Right Quality – Satisfa atisfacti ction on of End-User d-User? ? Qualit Quality y may refer to the over ov erall all relation rela tionship ship and integratio integration n of effects of performa performance, nce, lifespan, integrity, durability, and conformity of the goods with the technical requirements of the project. Right Quantity – (J.I. Right (J.I.T T / Le Lean Procu Procurem remen ent) t) Right Price T ime/Delivery very Right Time/Deli
Pre-Procurement Reform Situation Sit uation 10
Legislative
Executive
Judicial
Outdated, fragmented and inconsistent procurement laws and regulations
No ove o versight rsight policy policy body
Very few procurement cases filed filed
No standard procurement documents
Very few convictions
Nontransparent procurement process
COA CO A
Lack of monitoring and feedback mechanism
Ombudsman
Lack of tr t rust and a nd confide confidence nce in Public Public Procur Procurement System yst em (CSOs, Peopl Peop le’s Orgs O rgs,, NGOs, NGOs, Priv Pr ivate ate Sector Sec tor))
Problem Areas and Reform Measures 11
PROBLEMS
REFORMS
• Con Confusion ca cause used by fragmented legal system
• Enactment of th the Government Gover nment Procureme Procurement nt Reform Refor m Act (GPRA) (GPRA)
• Inc Incon ons sisten istentt polici olicies es,, rule rules s, and regulations regulations due to lack of stan standards dards
• Creation of the Government Gover nment Procureme Procurement nt Policy Board (GPPB)
• Lack of transparency
• Use of P hilGEPS
• Lack of check and balance
• Participation of civil society
Enactment Ena ctment of GPRA 12
Implementing Rules and Regulations
Executive Orders
Administrative Issuances
over 10 100 0 proc procureme urement nt rules & regulations
Government Gover nment Procureme Procurement nt Reform Ac Actt 10 January 2003
Goods, Infrastructure, Consulting Consulting Services Serv ices Coverage: NGAs and LGUs
Memorandum Circulars
Creation of GPPB 13
Inter-Agency Body
Big procuring proc uring entities entities (defense, education, health, public works, transportation and communications) Oversight agencies (budget, planning, finance, trade, scien sc ience ce and technology, inte in teri rio or and an d local governmen govern ment, t, energy)
Private Sector
Resource Persons (audit, anti-corruption agencies)
Creation of the GPPB 14
Policy-Making Amend implementing rules and regulations of procurement law (quasi-legislative function) Prepare generic procurement manual and standard biddin bidding g forms Capacity Development Establish a sustainable training program Monitoring Assist procuring entities improve their compliance Review effectiveness of procurement law
Application 15
R.A. 9184 Applies to: a) National Government Agencies (NGAs) b) c) d) e)
State Universities and Colleges (SUCs) Governmen Gover nmentt Owned or Controlled Controlled Corporations Corporati ons (GOCCs) (GOCCs) Governmen Gover nmentt Financia Fin anciall Instituti Institutio ons (GFIs (GF Is)) Local Government Units (LGUs)
R.A. 9184 governs the procurement of: a) Infrastructure Projects b) Goods (incl. Supplies, Materials, and Related Services) c) Consulting Services
Scope and Coverage 16
Section 4, Revised IRR
All fully fully dom domestic estically-fun ally-funde ded d procurement procurement activit activities ies All forei foreign-f gn-fu unded procurement procurement ac activities, tivities, unless otherwise provided in a treaty or int’l/executive agreement As may may be be agreed agreed upon upon by the GOP and IFI IFI in their their treaty or int’l/executive agreement
Projects funded from foreign grants
Projects for International Competitive Bidding
Consulting Services for National Competitive Bidding
Scope and Coverage 17
GOP negotiating panels shall:
Adopt Adopt as default position, position , use of the IRR or or selection sel ection through competitive bidding
Explain in writing if treaty or int’l/executive agreement states otherwise
Governing Principle Principles s 18
Transparency Wider dissemination of bid opportunities Competitiveness Equal opportunity to all eligible bidders Streaml Str eamlin ined ed Process Process
System of Accountability
Uniformly applicable to all government agencies Effective and efficient method “Answerable” “Answerable”
Public Monitoring
Awareness and vigilance
Key Features Features of GPR GPRA A 19
Covers procurem procurement ent of all government government agenc agencies ies
General Rule R ule is Public/ Public/Com Competitive petitive Bidding Biddi ng
Alternative Methods of Procurement Procureme nt allowed in hig highly hly exception ex ceptional al cases Use Use of the Approve Ap proved d Bud Budget get for the Contract C ontract (ABC) as ceiling ceili ng for the the bid price
Use Use of tran transp sparent, arent, object objective, ive, and a nd non-discretion non-discretionary ary criteria
Increased transparency transparency in the the procureme proc urement nt process process
Professionalization Professionalization of o f procurem procurement ent officials
Inclusion Inclusion of Penal and a nd Civil Civ il Liabilities Liabilitie s
General Provisions of R.A. 9184 91 84 and its i ts IRR The Philipp Philippine ine Government Electron Electronic ic Proc Pr ocure urement ment System (PhilGEPS (PhilGEPS))
PhilGEPS PhilGEPS shall shall serve as the prim primary ary and definitive definitive source of information on all government procurement. Utilized Uti lized for the th e procurement procurement of commo common-used n-used suppli supplies es Features of the PhilGEPS a) Electronic Bulletin Board b) Registr Registry y of Manufactur Man ufacture ers, Supplie Suppli ers, Distributors, Contractors and Consultants c) Electroni El ectronic c Catalogue Catalogue d) Vi Virtu rtua al Sto Store re e) Electronic El ectronic Payment f) Electronic El ectronic Bi Bid d Submission
General Provisions of R.A. 9184 91 84 and its i ts IRR Procurement of Common-Use Supplies, Materi Ma terials als an and d Equipment Equipment
- DBM BM-P -Prroc ocu urement Ser Service (PS) (PS) - DBM BM-PS -PS Cat atal alog ogu ue in the Ph PhiilGEPS lGEPS
Procurement Methods 22
All Procurement shall be done through competitive bidding except as provided in R.A. 9184
Resort to alternative methods shall be made made
Only Onl y in highly exceptional exceptional ca cases ses
To promote promote economy and an d efficiency efficien cy
Justified by conditions specified in R.A. 9184 and its IRR
Procurement Methods 23
Method 1.
Competitive Bidd idding ing
2.
Limit imite ed Source rce Bidd idding ing
3.
Direct Contrac racting
4.
Repeat Or der
5.
Shoppi ng
6.
Negotia iatted Pro Proc curem rement
Goods
Infra
Cons
Bidding Process 24
PreProcurement Conference
Bid Submission
Bid Evaluation
Advertisement
and/or Posting
Opening Opening of Technic Technical al Proposal (incl. (incl. eligibility e ligibility docs do cs))
Post-qualifi cation
Pre-Bid Conference
Opening Opening of Financial Proposal
Contract Award
THANK YOU 25
Comments, questions?
Address: Unit 2506 Raffles Corporate Center, F. Ortigas Ortigas Jr. Road Road,, Ortigas Ortigas Cente Center, Pa Pas sig City Telephone: (+632) 9006741 to 44 Website:
http://www.gppb.gov.ph
Email:
[email protected]
Forum:
http://gppb.topicsolutions.net
DEFINITION (INFRASTRUCTURE PROJECTS) Include • • • • • • •
Construction Improvement Rehabilitation Demolition Repair Restoration Maintenance (Sec. (Sec. 5.u, 5.u, IRR IR R of R.A. 9184)
• • • • • • • • • • • • • •
Roads and bridges Railways Airports and seaports Communic Com munication ation facilities Civil Civ il works work s c components omponents of IT projects Irrigation Flood control and drainage Water supply supply Sanitation Sewerage Sewer age and solid solid waste management manageme nt systems Shore Sh ore protection Energy Energy/power /power and electrific ele ctrification ation facilities Buildings Bu ildings (National, (National, School, Hospital) Other Other related rel ated construction construction projects pr ojects
Public Bidding
All Procurement shall be done through competitive bidding except as provided in RA 9184 9184 Resort to alternative methods shall be made made only in highly exceptional cases cas es (Sec. 10, R.A. 9184 91 84 and its IRR)
Bidding Process 1st day of posting to bid submissio subm ission n
7 cd Advertisement /Posting /Posti ng
1 cd
Bid Submission
7 cd
Detailed Bid Evaluation
1 cd
Pre-Bid Conference
Distribution/ Sale of Bidding Documents
12 cd to 30 cd
Opening Opening of Technic Technical al Proposal (incl. (incl. eligibility docs do cs))
Opening Opening of Financial Proposal
7 cd cd to 30 cd
Post-qualification
Bidding Process
7 cd
Issuance of Notice of A Awar ward d
10 cd
Contract Signing
3 cd Issuance of a Noti Notice ce to Proceed
ADVER TISEMENT OF THE ADVER INVITATION TO BID Medium
Above 2M/5M
2M/5M and below
•
Newspaper of General Nationwide Circulation
•
Phil Ph ilGEP GEPS S webs ebsite
•
PE’s Website, if available
•
Conspicuous Place
•
Website prescribed by the foreign government/foreign or international funding institution, in cas case e of foreign forei gn funded procurement (Sec. 21.2.1 and
SALE AND DISTRIBUTION OF BID DOCS
Period Peri od for for the availability of bidding documents documents Goods & infra projects IB’ B’s s date of ad advert vertis isem eme ent - bid subm ubmiss issio ion n (Sec. 17.3, IRR of R.A. 9184) 4t h Edition of Standard Standard Bidding B idding Documents -
approved by the GPPB through Res. No. 06-2010, dated 17 December 2010
-
Mandatorily to be use last 21 February 2011.
Post at the PE’s Post PE’s web website site and at the the PhilGEP PhilGEPS S from the the time the ITB/REI is advertised. (Sec. 17.5, IRR of R.A. 9184)
SALE AND DISTRIBUTION OF BID DOCS Prospective bidders may download documents documents (Sec. 17.5, IRR of R.A. 9184) 918 4)
the
bidding
Pay the bid fee upon bid submission (Sec. 17.5, IRR of R.A. 9184)
Cost for the sale of bidding shall be in a reasonable amount to recover the cost of its preparation and development. development. (Sec. (Se c. 17.4, IRR IRR of R.A. 9184) 918 4)
PRE-BID CONFEREN CONFERENCE CONFERE N CE
Forum where the PE’s representatives & the bidders discuss discuss the differen di fferentt aspects aspects of the project Manda Mand ato tory ry – ABC 1M o orr mo more; Disc iscretio retiona nary ry – ABC les less s than 1M Statements made during the conference should be included in the Supplemental/Bid Bulletin in order to be consider considered ed as mo mo difications dificati ons to the terms terms of the bid docs Held at at least 12 cd before before dead deadli line ne for bid bid subm submission. ission. May be extended extended to to at least least 30 cd co consid nsidering: ering: Method, nature, and complexity of contract Internat Intern ational ional partici participatio pation n is i s more more advantageous (Sec. 22.2, IRR of R.A. 9184)
PRE-BID CONFEREN CONFERENCE CONFERE N CE
At the option of procuring entity, only bidders who purchased bid documents are allowed to attend or ask questions (Sec. 22.3, IRR of R.A. 9184)
SUPPLEMENTA SUPPLEME NTAL L BID BULLETIN BULLETIN
Request for clarifications must be submitted at least 10 cd before before bid submis submission sion (Sec. (Sec. 22.5.1, 22.5.1, IRR IRR of R.A. 9184) Supplemental/Bid Bulletins must be issued at least 7 cd before bid submission to answer requests for clarificat clarification/i ion/inte nterpreta rpretatio tion, n, and upon upon BAC’s BAC’s initiati initi ative ve to to clarify/modify clarify/modify any any bid docs’ docs’ provision (Sec. (Sec. 22.5.2, IRR of of R.A. 9184) Posted in PhilGEPS Posted PhilGEPS and PE’s website website (Sec. 22.5.3, IRR IRR of R.A. 9184) Supplemental Bid Bulletin shall be duly signed by the BAC Chairperson (Sec. 22.5.1, IRR of R.A. 9184)
SUPPLEMENTA SUPPLEME NTAL L BID BULLETIN BULLETIN
Bidders who have submitted bids before issuance of Supplemental/Bid Bulletin have to be informed in writing and allowed to modify/withdraw their bids. (Sec. 22.5.3, IRR of R.A. 9184)
SUBMISSION, OPENING AND EXAMINATION OF BIDS
Goods Goods and Infra – sa sam me proc proce e dure In case of infra projects, Technical Proposal, containing the eligibility requirements, and Financial Proposal Envelopes Env elopes will will now be submitted submitted at the th e same same time. ti me. Two-Envelope System 1st Envelope Envelope - Eligibility Eligibility Req. Req. & Technica Technicall Compo Component nent 2nd Envelop Envelope – Financ Financial ial Comp Component onent Submitted to the BAC on the date, time, and place specified in the Invitation to Bid. Bids Bi ds submitted submitted after the deadli deadline ne should not be accepted accepted
SUBMISSION, OPENING AND EXAMINATION OF BIDS
Date of submission should not be later than the following period from the last day of posting of the Invitation to Bid (Sec. 25.4, IRR of R.A. 9184) Category
Maximum Period (cd)
Goods
45
Infra (50M and below)
50
Infra (above 50M)
65
Documentar Documentary y requirements r equirements trimmed trimmed down
SUBMISSION, OPENING AND EXAMINATION OF BIDS
A bidder may modify or withdraw its bid provided this is done before the deadline for the submission and receipt of bids (Sec. 26.1, IRR IRR of R.A. 9184) 9 184) Bid modifications received after the deadline shall not be considered and shall be returned to the bidder unopened. (Sec. 26.1, IRR of R.A. 9184) Withdrawal of bids after the applicable deadline shall be subject to appropriate sanctions. (Sec. 26.2, IRR of R.A. 9184)
SUBMISSION, OPENING AND EXAMINATION OF BIDS
Contents Contents of the t he 1st Envelope (Technical ( Technical Component) (Sec. 23.1, IRR of R.A. 9184) 1. Eligib Eli gibilit ility y requir requirem ements ents 2. 3.
Bid securi security ty Goods Goods - Technic Technical al spec specifica ifications tions - produc roductio tion/ n/d delivery elivery schedu hedule; - manp anpower ower requirem requirement ents s; and/o and/or, r, - after fter--sal ales es servic ervice/ e/p parts Project Proje ct Requ Requir ire eme men nts - In Inffra - Pro Proje ject ct Requirements - Org Organiza nizatio tional nal cha chart rt;; - List ist of contra ntrac cto tor’ r’s s perso ersonnel; nnel; and; nd; Lis f r’ uip uni )
SUBMISSION, OPENING AND EXAMINATION OF BIDS
Contents Contents of the t he 1st Envelope (Technical ( Technical Component) 4.
Omnibus sworn sworn statem statement ent – Project Project Related Related statements lumped into one statement
Non-inclusion in blacklist Authe Aut henti ntici city ty of documents Verification authority Signatory’s authority Disclosure of relations Responsibilities of bidders Labor laws and standards
ELIGIBILITY REQUIREMENTS GOODS/INFRA (S (SEC. EC. 23.1, 23.1, IRR OF R.A. R.A . 9184) 9184) Class A Documents 1. DTI DTI/SEC/CD /SEC/CDA A Reg Registration istration Cert Certifica ificate te or othe otherr proof proofs s of registration 2. Mayor’s permit from the bidder’s bidder’s principal prin cipal place place of business 3. Statement of ongoing & comp complete leted d contracts / Valid Val id PCAB License and Registration Registrat ion fo forr the type and cost cost of the contract contr act to be bid. 4. Lates Latestt audited audited financ financia iall sta statem tement ent sta tam mped receive received d by the BIR or its duly accredited institution. 5. Net Financial Financial Contractin Contracting g Capacity Capacity Computation Computation / CLC Class B Document JVA or notarized statement from the partners that they will enter into joint venture if awarded the contract
ELIGIBILITY REQUIREMENTS
If foreign bidder (Sec. 23.2, IRR of R.A. 9184) - Submit Submit equivalent equivalent docum documents ents issued by the country country of origin - Acc Accompanied ompanied by English translatio translation n certified certified by the appropriate embassy or consular office in the Philippines
Government corporate entities eligible only if – Legally and financially autonomous Operate under u nder co comm mmercial ercial law l aw Not dependent agencies of GOP or procuring entity
ELIGIB IL ITY CRITERIA ELIG
Legal Legal Eligi El igib b ility Criteria Criter ia
Gene Gen eral rule: ru le: 60% (Goods (Goods)) or 75% (Infr (Infra) a) Filipi Fili pino no
Foreign For eign bidders eligible allowed (Sec. 23.5.1.2, IRR IRR of R.A. 9184) If stated in treaty or international or executive agreement National of a country offering reciprocity rights to Filipinos Goods not available from local suppliers To prevent situations that defeat competition or restrain trad tr ade e 44
ELIGIB IL ITY CRITERIA ELIG
Techn Techniical Elig Elig ibilit bility Criteri Criteria a (Goods - Sec. 23.5.1 23.5.1.3, .3, IRR of R.A. 9184) 91 84) General Rule
1. Expen xpend dable able Supplies • 25% of the ABC 2. Servic ervices es and and NonNonexpendable Supplies • 50% of the ABC
Exceptions
Require the ff.:
If, at the outset and a) At least least 2 simil similar ar after market research, contracts contracts aggregate aggre gate applying the general rule amount at least lea st will likely like ly resu r esult lt to: equivalent to required 1.Failure of bidding; or percentage; and 2.Monopoly b) Larges Largestt of the the similar contracts contracts amounts to at least 50% 50% of required percentage 45
Eligibility Criteria 46
Technical Eligibility Criteria (Infra, Section 23.5.2.5) The prospective bidder must have an experience of having completed, within a period of ten (10) years from the date of submission and receipt of bids, at least one (1) contract that is similar to the the contract contr act to be bid, and and whose value, value , adjusted to curren curr entt prices pri ces using the NSO consumer consumer price price indices, i ndices, must must be at least fifty percent (50%) of the ABC to be bid:
Provided, however, That contractors under Small A and Small B categori categories es without similar similar experience on the contract contract to be bid may be allowed to bid if the cost of such contract is not more than fifty percent (50%) of the Allowable Range of Contract Cost (ARCC) of their registration based on the guidelines as prescribed by the PCAB.
ELIGIB IL ITY CRITERIA ELIG
Finan Financi cial al Eligibili Eligib ility ty Crit Cr iteri eria a
NFCC at least equal to ABC (Sec. 23.5.1.4, IRR)
NFCC = [Curr [Curre ent Assets Assets – Curr Curre ent liabilities liabilities (K)] minus minus the value of all outstanding outstandin g or uncom un completed pleted contracts, including awarded contract not yet started
CLC at least equal to 10% of ABC Issued Issued by Uni U niver versa sall or Commerci Commercial al Ba B ank
Option to submit cash deposit certificate deleted
47
OPENING AND EVALUATION OF BIDS
Contents of the 2nd Envelope (Financial Com C omp p on onent) ent) 1.
2.
3.
Financial Bid Form (includes bid prices and bill of quantities quanti ties,, as well well as applicable applicable price pri ce schedul schedules) es) In case case of Goods, Certifi Cer tificatio cation n from fr om the DTI, DTI, SEC, or CDA, if claiming clai ming preference as Dom Domestic estic Bidd Bi dder er or Domestic Entity Other Oth er documents documents required re quired in the bidding documents documents (Sec. 25.3, IRR of R.A. 9184)
BID & PERFORMA BID PERFOR MANCE NCE SECURITY SECUR ITY
Deleted certified check and guarantee guarant ee from from accepta acceptable ble forms for ms
foreign
government
In general, bank issued securities must be issued by a universal/commercial bank
Surety Bonds must be accompanied by certification from Insurance Commission that issuer is authorized to issue such security
Bidder has option to choose among acceptable forms of security
Procuring entity may not limit options available to bidders bidders (Sec. 27.2, IRR of R.A. 9184) 918 4)
BID & PERFORMA BID PERFOR MANCE NCE SECURITY SECUR ITY Form of o f Bid and Performance Security
a)Cash or cashier’s/manager’s check b)Bank guarantee/d guarantee/draft raft or Irrevocable LC c)Surety bond callable upon demand d)Combination d)Combination of the foregoing
Amt of Bid Security (% = ABC)
Amt of Performance Security (% = Contract Price)
2%
5% (Goods & Consulting) 10% (Infra)
5%
3 0%
Proportionate to share of form with respect to the total amount of security
DETAILED EVALUATION OF BIDS
Determine the LCB by 1. Establishing Establishi ng correct correct calculated calcul ated prices of bids; bids; and 2. Ranking calculated total bid prices from lowest to highest (Sec. 32.3, IRR) A non-discretionary criteria shall be used, which shall include consideration of: 1. completeness of bids; and 2. minor arithmetical arithmetical correctio correcti ons (Sec. 32.2.1, IRR of R.A. 9184) 7 cd from the deadline deadline for receipt receipt of propos proposals. als. In tthe he case of infra. infra. Proj. costing 50M 50M and and below below – 5 cd (Se (Sec. c. 32. 32.4, 4, IRR of R.A. R.A. 9184 9184) )
DETAILED EVALUATION OF BIDS
In case of discrepancies, the ff. shall prevail: words over figures
unit prices over total prices bill of quantiti quantities es over over detailed estimate estimate (Sec. 32.2.4, IRR of R.A. 9184)
Unless the ITB specifically allows partial bids, those not providing all required items shall be considered nonresponsive Placing no price is considered as non-responsive
Spec Specifying ifying a “0” “0” or “-” “-” mea eans ns it is of offe ferred fo forr free
DETAILED EVALUATION OF BIDS
No Cont Con tact Rule Rule (Secs. Se cs. 32 & 33)
General Rule: Members of the BAC, Secretariat and TWG, as well as its staff and personnel are prohibited from making/accepting any communication communication w/in the ff. ff. periods per iods a) Goods and and Infra Bid submission until issuance of NOA (Sec. 32.1, IRR of R.A. 9184) b) Consulting Bid Bi d submiss submission ion until until HOPE’s HOPE’s approval approval of th the ranking ranking of sh s hortlisted bid bidders ders (Sec. (Sec. 33.1, 33.1, IRR IR R of R.A. R. A. 9184) 9184) Exception: BAC, through its Secretariat, may request in writing bidders for clarification o f its bid. in i n writing
POST-QUALIFICATION
3 days from notice of LCB, submit the ff: Tax clearance Latest income and business tax returns Certificat Certificate e of PhilGEP PhilGEPS S registrat registration ion Other appropriate licenses & permits required by law & stated in the Bid Docs. Docs. (Sec. 34.2, IRR of R.A. 9184)
Completed in 7 cd. But, may be extended by the HOPE to not more more than 30 30 cd (Sec. (Sec. 34.8, IRR IRR of R.A. R.A. 9184)
54
POST-QUALIFICATION Verify, Ver ify, validate and ascertai ascertain n th t he followi foll owing: ng:
1. 2.
1.
1. 2. 3.
Legal Requirements licenses and agreements legal documents under eligibility envelope Technical Requirements sufficiency sufficien cy of the bid security as to type, amount, form wording and validity period Fina Fi nancial ncial Requirements bid price proposal NFCC computation credit line certificate, to ensure that bidder can sustain the operating cash flow transaction (Sec. 34.3, IRR of R.A. 9184)
DISCLOSURE OF RELATIONS
Disclosure of Relations (Sec. 47)
Relatives within within the 3rd civil degree of the following shall be disqualified: Head of the procuring entity Members Members of the th e BAC, BA C, Secretariat and TWG Head of the end-user unit/PMO Project consultants
AW ARD OF CONTR AW CONTR AC T
Contract shall be awarded to the bidder with the LCRB or SCRB at its submitted price or total calculated bid price, whichever is i s lower (Sec. (Se c. 34.4, IRR IRR of R.A. 9184)
3 mos mos. - procurem procurement ent proce process ss from opening opening of bids bids u p to award of contract or a shorter period (Sec. 38.1, IRR of R.A. 9184)
NOA conditioned on the following: If joint venture, submission of JVA If foreign-funded and stated in treaty, international or executive agreement, PCAB License Posting of Performance Security Signing of Contract (within 10 cd) If required, approvals by higher authority (Sec. 37.1.1, IRR of R.A. 9184)
ISSUANCE OF NOTICE OF AWARD
Notice of Award Award (NOA) is issued is sued by by the HOPE (Sec. 37.1.1, IRR of R.A. 9184)
NGAs and LGUs – 7 cd | GOCCs and GF Is – 15 cd (Sec. 37.1.2, IRR of R.A. 9184)
NOA posted posted within 3 cd from its issuance issuance in the following: following: a) Phil PhilGEP GEPS S webs ebsite; ite; b) PE’s webs we bsite ite;; and c) Conspicuous Conspicuous places places (Sec. 37.1.6, IRR IRR of of R.A. 9184) 918 4)
58
CONTRACT SIGNING
Contract Contra ct Signing (S (Sec. ec. 37.2) 37.2)
Within Within 10 cd from receipt receipt of of NOA (Sec. (Sec. 37.2.2, 37.2.2, IRR of R.A. R.A. 9184)
Mandatory submission of other contract documents that may be required by existing laws and/or the PE (infra): a) Construction schedule and S-curve; b) Manpower schedule; c) Construction methods; d) Equipment utilization schedule; e) Construction safety and health program approved by DOLE; and, f) PERT/CPM (Sec. 37.2.3, IRR of R.A. 9184) 59
ISSUANCE OF NOTICE TO PROCEED
Issued to the successful bidder together with the copy of the approved approved contract contract withi within n 3 cd from date date of approval approval
For infrastructure projects with ABC of 50M and below, the maximum period is 2 cd
Contract Contract effec effectivit tivity y date should should be be provided rovided in the NTP, NTP, which should should not be be later later than than 7 cd from its issuance issuance
BAC Secretariat should post a copy of the NTP and the app approved roved cont contrac ractt in the Phi PhilG lGEPS EPS and PE’ PE’s s web webs site within 15 cd from iss issuanc uance e of NTP NTP
61
THANK YOU
