Day 2 - 2023 MLGUs - Standard Bidding Procedures For Goods, Infrastructure Projects and Consulting Services - Mr. de Vera
Day 2 - 2023 MLGUs - Standard Bidding Procedures For Goods, Infrastructure Projects and Consulting Services - Mr. de Vera
Day 2 - 2023 MLGUs - Standard Bidding Procedures For Goods, Infrastructure Projects and Consulting Services - Mr. de Vera
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
MODULE OBJECTIVES
By the end of this module, participants should be able to:
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
GENERAL MODE OF PROCUREMENT
GENERAL RULE:
COMPETITIVE BIDDING
Section 10, Article IV, RA No. 9184
NO Approved APP
NO PROCUREMENT
Design
Management and
Management & Related
Related
Services
Pre-Investment or
Feasibility Studies
Construction
ConstructionSupervision
Supervision
BIDDING PROCEDURE
SINGLE STAGE
SINGLE STAGE 2 - PW PROTECTED
2 - ENVELOPE SYSTEM BIDDING DOCUMENTS
EARLIEST PERIOD
BID TECHNICAL
PW: XXXX
TECHNICAL
FINANCIAL
FINANCIAL
PW: XXXX
WHO ARE ELIGIBLE BIDDERS?
CONSULTING SERVICES
SHORTLISTING ELIGIBILITY CHECK
NGO
ONLINE ACCESS TO OBSERVERS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
STANDARD COMPETITIVE BIDDING PROCEDURE
FOR GOODS AND SERVICES
cd
75
Bid Opening
cd
21 10 12 to
cd Post- 30 cd Award
Bid Evaluation cd Negotiation
Qualification of Contract
RECOMMENDED POSSIBLE PERIOD TO COMPLETE
THE PROCUREMENT ACTIVITY FOR GOODS
MAXIMUM PERIOD
136 CDs
EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable
RECOMMENDED POSSIBLE PERIOD TO COMPLETE THE
PROCUREMENT ACTIVITY FOR INFRA PROJECTS
MAXIMUM PERIOD
MAXIMUM PERIOD
136 CDs
EXCLUDING APPROVAL OF HIGHER AUTHORITY, if applicable
APPROVAL OF HIGHER AUTHORITY
APPROVING
HIGHER 20 cd
AUTHORITY Maximum days from receipt to APPROVE or
DISAPPROVE the CONTRACT
GOCC’s
CONCERNED
BOARD
30 cd
Maximum days from receipt to APPROVE or
DISAPPROVE the CONTRACT
25
25
USE OF DIGITAL SIGNATURE
PPMP and APP Notice of Eligibility Post- Qualification Report
QUORUM
A member of the BAC (including
Chairperson and Vice-Chairperson) may be
present either in person or face-to-face
through videoconferencing, webcasting
or similar technology for PEs with such
technology.
Decisions made of at least a majority of the BAC members present, using such
technology shall be considered valid and binding
USE OF VIDEOCONFERENCING,
WEBCASTING & SIMILAR TECHNOLOGY
PROCUREMENT ACTIVITIES THAT MAY BE CONDUCTED ELECTRONICALLY
1
THROUGH ANY 2
ELECTRONIC MEANS THROUGH GPPB
AVAILABLE ONLINE PORTAL
https://gppbgovph.com/
CERTIFICATION ON ELECTRONIC
SUBMISSION AND RECEIPT OF BIDS
Certification, using GPPB-prescribed format,
must:
❑Be issued by the highest official managing the
Information Technology system of the agency
❑Describe the electronic system or procedure to
be used by the PE for the electronic
submission and receipt of bids, and compliant
with the requirements under GPPB Resolution
No. 09-2020
❑Submitted to the GPPB-TSO through
ITcertification@gppb.gov.ph
GPPB RESOLUTION NO. 12-2020
ADVERTISEMENT / POSTING OF THE
INVITATION TO BID
PURPOSE: START THE BIDDING PROCESS AND INVITE INTERESTED BIDDERS TO
PARTICIPATE IN THE PROCUREMENT ACTIVITY
TIMELINE
7
calendar days
www.xxxx.gov.ph
continuously
SUNSET PROVISION ON ADVERTISEMENT
IN NEWSPAPER
Advertisement of bid
opportunities in a newspaper shall no
longer be required two (2) years after
the effectivity of the 2016 Revised
IRR of RA No. 9184 or from October
28, 2018 onwards (GPPB Resolution
No. 22-2018)
BIDDING DOCUMENTS FEE
TIMELINE PURPOSE
12/30calendar days
technical and financial
components of the contract to be
bid including questions and
before deadline for clarifications raised by the
bid submission but not earlier prospective bidders before and
than 7 CDs
from the PhilGEPS during the Pre-Bid Conference
posting
PRE-BID CONFERENCE
MEASURES TO MAXIMIZE
PRE-BID CONFERENCE
shall no longer be
posted in PE’s
website
TIMELINE PURPOSE
issued at least
BID BULLETIN Issued by the BAC, duly
signed by BAC
7
calendar days
Chairperson, to:
❑ Answer requests for
clarification or
interpretation
before deadline for ❑ Clarify or modify any
bid submission. provision of Bidding
Queries should be
submitted to the BAC 10 Documents
CDs before deadline for bid
submission.
SUBMISSION AND RECEIPT OF BIDS
BID VALIDITY
Financial
Proposal
120calendar days
from the date of the
opening of bids
ELECTRONIC SUBMISSION AND
RECEIPT OF BIDS
GUIDELINES THROUGH ELECTRONIC MEANS
GPPB RESOLUTION NO. 09-2020
TECHNICAL
BID
1 ORIGINAL
TECHNICAL
ORIGINAL
ORIGINAL
TECHNICAL
ORIGINAL BID
ORIGINAL
FINANCIAL FINANCIAL Each envelope shall contain the name
of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]
SEALING AND MARKING OF BIDS
2 COPY 1
COPY 1
TECHNICAL
TECHNICAL COPY 1
COPY 2 BID
COPY 2
FINANCIAL FINANCIAL Each envelope shall contain the name
of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]
SEALING AND MARKING OF BIDS
3 ORIGINAL BID
ORIGINAL
BID
ORIGINAL
TECHNICAL FINANCIAL
COPY 1 - BID
COPY 1 COPY 1
TECHNICAL FINANCIAL Each envelope shall contain the name
of the contract to be bid, name and
address of the bidder, recipient BAC /
PE, and the “Do not open before
[date/time of opening of bids]
SEALING AND MARKING OF BIDS
IMPROPERLY
SEALED
UNSEALED
& &
UNMARKED BID MARKED
NOT
COMPRESSED IMPROPERLY
COMPRESSED
& PASSWORD
& PASSWORD
PROTECTED
PROTECTED
SUBMISSION AND RECEIPT OF BIDS
Date of submission should not be later than the
following periods from the last day of posting of IB: For bids submitted
electronically, the PEs
shall generate a Bid
GOODS INFRA INFRA CS
receipt page for the
official time of
45 50 65 75 calendar calendar
submission which can
be saved or printed by
the bidder, upon receipt
calendar days
days days of the first and second
calendar days
Php50M above envelope
below Php50M
GPPB RESOLUTION
NO. 09-2020
SUBMISSION AND RECEIPT OF BIDS
MODIFICATION OF
WITHDRAWAL OF BIDS
BIDS For electronic bid
submission, Bidders shall
❑ Before the deadline of ❑ LETTER of WITHDRAWAL,
send another Bid equally
submission of bids must be received prior to
secured, properly identified,
❑ Bidder shall not be the deadline for submission and labelled as a
allowed to retrieve its and receipt of bids “modification” of the one
original bid ❑ For bids withdrawn within previously submitted. The
❑ Submit new bid equally the interval between the time indicated in the latest
sealed, properly deadline and expiration of Bid receipt page
identified, linked to its Bid validity, the Bid generated shall be the
original bid and Security shall be official time of submission.
marked as a FORFEITED.
“MODIFICATION” GPPB RESOLUTION
NO. 09-2020
OPENING AND PRELIMINARY EXAMINATION OF BIDS
The BAC shall open the bids in public immediately after the deadline for the
submission and receipt of bids
Passwords shall be
disclosed by the bidders
only during the actual bid
opening.
GPPB RESOLUTION NO. 09-2020
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
OPENING AND PRELIMINARY EXAMINATION OF BIDS
50%
FAILURE OF of the similar contracts
BIDDING amounts to at least 50%
or of required percentage.
MONOPOLY
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
THUS: Previous contract should be at least THUS: Previous contract should be at least
P250,000.00 (required percentage) P500,000.00 (required percentage)
EXCEPTION: The aggregate amount of at least EXCEPTION: The aggregate amount of at least 2
2 similar contracts is at least equivalent to the similar contracts is at least equivalent to required
required percentage; and Largest of the similar percentage; and Largest of the similar contracts
contracts amounts to at least 50% of required amounts to at least 50% of required percentage.
percentage.
THUS: 1st contract = P300,000.00
THUS: 1st contract = P100,000.00 2nd contract = P400,000.00
2nd contract = P200,000.00
TECHNICAL ELIGIBILITY REQUIREMENTS (CLASS “A”)
❑ The SLCC’s value should be at least 50% of the ABC to be bid upon
adjustment to current prices using the PSA consumer price indices
JOINT SUBMISSION
VALID JOINT VENTURE AGREEMENT*
to be submitted by to be submitted by
ALL partners ANY of the partners
🗹 Legal Eligibility 🗹 Technical Eligibility
Documents (or Documents
PhilGEPS Certificates 🗹 Financial Eligibility
of Registration under Documents
Platinum membership
category) * duly Notarized Statements from
potential JV partners for GOODS
and CS, if no JVA yet
PROJECT REQUIREMENTS
(GOODS AND SERVICES)
Unnotarized Bid
PEs shall accept alternate Securing Declaration
documentary requirements for
procurement activities during a
State of Calamity, or Expired Business or
Mayor's permit with subject to submission of Business or
implementation of community Official Receipt of renewal Mayor's permit after award of
quarantine or similar application contract but before payment;
restrictions declared, which
existence shall be determined
Omnibus Sworn subject to compliance therewith after
and validated by the BAC Statement award of contract but before
payment
OPENING AND PRELIMINARY
EXAMINATION OF 2nd ENVELOPE (GOODS)
FINANCIAL COMPONENT
Bid Form
Detailed Estimates
Reimbursables (FPF 5)
NO CONTACT RULE:
Prohibition on communication w/ bidders from bid evaluation until award of
contract (until approval by HOPE of ranking of shortlisted bidders for CS)
BID EVALUATION (GOODS)
DOMESTIC PREFERENCE
Domestic Foreign
Bidder Bidder Applies where the lowest bid has a
foreign component (foreign bid) and the
next lowest bid has a domestic
component (domestic bidder)
SAMPLE COMPUTATION:
NEXT LOWEST CALCULATED
LOWEST CALCULATED BID
BID
Foreign Bidder Domestic Bidder
Bid 2,653,360.00 3,009,492.00
% Preference x 15%
398,004.00
+ 2,653,360.00
Bid as
3,051,364.00 3,009,492.00
increased
Award to Domestic Bidder at 2,653,360.00, or
RESULT Award to Foreign Bidder if Domestic Bidder refuses
BID EVALUATION (CONSULTING SERVICES)
1 Quality-Based
Evaluation
(QBE)
2 Quality Cost
Based
Evaluation
(QCBE)
• The entire evaluation process, from proposal opening to submission of the bid evaluation results
to the HOPE, should not exceed Evaluation
twenty-oneof Proposals
(21) calendar days.
QBE v QCBE
Opening of Financial
Negotiations
Proposal
QCBE Process Flow
consultants meeting
*
minimum technical score
Opening and Opening and
Submission of Evaluation of Technical Evaluation of
Technical and Proposals Financial Proposals
Financial Proposals
HOPE -
Notification of HRB Approval/Disapprova Ranking and
for negotiations l of BAC Determination of
3 cd recommendation 2 cd HRB
Negotiations
BID EVALUATION (CONSULTING SERVICES)
Calculated and
Responsive Bid (LCRB)
documents submitted
by the LCB/HRB 45
calendar days
30
or Highest rated calendar days
(GOODS AND
Responsive Bid (HRRB) INFRA) (CS)
EXCEPTIONAL cases
EXCEPTIONAL cases
upon approval by the
upon approval by the
HoPE
HoPE
POST-QUALIFICATION
SEC CERTIFICATE OF REGISTRATION FOR
FOREIGN BIDDERS
AMENDMENT SECTION 37.1.4 (A)(III) OF THE IRR OF RA 9184
Within ten (10) CD from receipt by the winning bidder of the Notice of Award,
the following documents shall be submitted before the contract may be
awarded:
i. xxx
ii. xxx
iii. The SEC Certificate of Registration of the foreign
corporation/consulting firm and/or the authority or license from the
appropriate government agency or professional regulatory body of the
foreign professionals engaging in the practice of regulated professions and
allied professions, where applicable.
GPPB RESOLUTION NO. 25-2019
AWARD OF CONTRACT
NOTICE OF
AWARD
within
3
calendar days
www.xxxx.gov.ph
Coverage
✔ Issued in December 2018 in anticipation of
reenacted budget in 2019
✔ This guidelines are still applicable in any
and future instances of reenacted budget
105
106
Award of Contract Undertaken thru EPA
Under Reenacted Budget
The validity of bids, the
For purposes of Awards bid securities, shall be
Period of time for
of Contracts extended, at the option
under a Reenacted Budget, the award of contract
of the bidder, to adjust
the 15-day period for & termination
to the new
the HoPE to approve and to of procurement process
procurement timeline in
issue the Notice of Award shall begin to run again
& the three-month period case the
upon effectivity of the
within which to complete period is tolled pending
new GAA/AO
the procurement process the enactment of new
shall be tolled GAA/AO
106
107
PERFORMANCE SECURITY
PURPOSE:
FORMS:
To guarantee performance
Not less
than
GOODS AND
of obligation by the 5% CONSULTANCY
LCRB/HRRB in such form of the
Contract
and amount specified in CASH OR CASHIER’S/ Price Not less
than
the Bidding Documents. MANAGER’S CHECK
BANK GUARANTEE / DRAFT OR
10%
of the
FAILURE TO POST: IRREVOCABLE LETTER OF CREDIT,
ISSUED BY A UNIVERSAL OR INFRA PROJ. Contract
Price
❑ Ground for disqualification COMMERCIAL BANK
20 30
calendar days
calendar days
APPROVE or APPROVE or
DISAPPROVE the DISAPPROVE the
CONTRACT CONTRACT
NOTICE TO PROCEED (NTP)
ISSUANCE POSTING REQUIREMENT
within NTP &
CONTRACT
7 within
15
calendar days
from the date of approval of
the contract
calendar days
All notices called for by the from the date of issuance
terms of the contract shall www.xxxx.gov.
be effective only at the ph
time of receipt thereof by
the successful bidder.
POSTING REQUIREMENT
111
112
ADDITIONAL TRANSPARENCY REQUIREMENTS OF POST-
AWARD INFORMATION OF PROCUREMENT PROJECTS
1. PhilGEPS
2. Agency's Official Website
(Transparency Seal)
3. Social Media Platforms
112
113
FAILURE OF BIDDING
BAC shall DECLARE A
WAY FORWARD:
FAILURE OF BIDDING, when:
❑ Mandatory review shall be
No bids are received; conducted by BAC
115
CANCELLATION / TERMINATION OF
PROCUREMENT ACTIVITIES
1 2 3 4
The physical and Brought about
The source
economic The project by the
conditions have of funds for declaration of
significantly is no longer the project a State of
changed so as to necessary has been Calamity, or
render the project
no longer as withheld or implementatio
n of
economically, determined reduced
community
financially, or by the through no
technically
quarantine or
feasible, as end-user fault of the similar
PE restrictions
determined by the unit
end-user unit
GPPB RESOLUTION NO. 09-2020
116
117
RESERVATION CLAUSE
HoPE reserves the right to: GROUNDS:
❑ Prima facie evidence of collusion
Reject any and all bids ❑ BAC is found to have failed in following
the prescribed bidding procedures
Declare a failure of
❑ For justifiable reasons, the award of
bidding contract will not redound to the benefit of
Not award the contract the Government:
❖ Physical and economic conditions
have significantly changed;
❖ Project is no longer necessary
❖ Source of funds for the project has
Sec. 41 of RA 9184 been withdrawn/reduced.