VOLUME 4

Manual of Procedures for the

Procurement of Consulting
Services

Page i

MANUAL OF PROCEDURES FOR THE PROCUREMENT OF CONSULTING

SERVICES
ABBREVIATIONS AND ACRONYMS ............................................................ vi
INTRODUCTION .......................................................................................... 1
SCOPE OF VOLUME 4...................................................................................... 3
What are the types of consulting services?.................................................................. 3

PREPARING FOR THE PROCUREMENT OF CONSULTING SERVICES................ 7

PREPARING FOR THE PROCUREMENT OF CONSULTING SERVICES ............................... 9
PROCUREMENT PLANNING ............................................................................. 10
What is the purpose of procurement planning? .......................................................... 10
What is the Approved Budget for the Contract or the ABC? ....................................... 10
What are the factors that should be considered in determining the ABC? ...................... 10
How do you compute the cost of consultancy? ........................................................... 11

PREPARING THE BIDDING DOCUMENTS ............................................................. 16

Legal Reference ..................................................................................................... 16
What are Bidding Documents?................................................................................. 16
What are the contents of Bidding Documents?........................................................... 16
What should the ITB provide?.................................................................................. 16
Who shall participate in the preparation of the Bidding Documents? ............................. 17
When should you prepare the Bidding Documents? .................................................... 17
How are the Bidding Documents prepared? ............................................................... 17
What is a Bid Security?........................................................................................... 18
What are the forms of Bid Security and the corresponding amounts required? ............... 18
Who determines the form of the Bid Security to be submitted by Consultants? .............. 19
What is the period of validity of Bids and the corresponding Bid Security?..................... 19
In what currency shall the Bid Security be denominated?............................................ 19
What happens if a bidder does not submit a Bid Security? .......................................... 19
When should Bid Securities be returned to the bidders?.............................................. 19
When may a Bid Security be forfeited? ..................................................................... 19
What is a Performance Security? ............................................................................. 20
When shall the performance security be posted by the Bidder with the Highest
Rated Responsive Bid? ........................................................................................... 20
What are the forms of Performance Security and the corresponding amounts
required? .............................................................................................................. 20
Who determines the form of the Performance Security to be submitted by Winning
Bidder?................................................................................................................. 21
In case of amendments in the contract price, will there be a corresponding change
in the amount of the Performance Security?.............................................................. 21
Who are the parties involved in the posting of the Performance Security? ..................... 21
Methodology: How is the Performance Security posted?.............................................. 21
When may the Performance Security be released? ..................................................... 21

CONDUCT OF THE PRE-PROCUREMENT CONFERENCE ............................................. 22

Legal Reference ..................................................................................................... 22
What is a Pre-procurement Conference? ................................................................... 22
Why do you conduct a Pre-procurement Conference? ................................................. 22
What should a pre-procurement conference achieve: ................................................. 22
When do you conduct a Pre-procurement Conference? ............................................... 23
Who calls for a pre-procurement conference? ............................................................ 23
Who are the participants of a pre-procurement conference? ........................................ 23
What ought to be the criteria for the evaluation of proposals? ..................................... 23

INSTRUCTIONS ON THE PROCEDURAL STEPS FOR THE PROCUREMENT

OF CONSULTING SERVICES ....................................................................... 25
COMPETITIVE BIDDING ................................................................................ 27
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Page ii

What is competitive bidding? .................................................................................. 27

STEP 1 ADVERTISE AND POST AN INVITATION TO APPLY FOR ELIGIBILITY AND

TO BID (IAEB) .......................................................................................... 28
Legal Reference .................................................................................................... 28
What is the IAEB?.................................................................................................. 28
Why do you post an IAEB?...................................................................................... 28
What does an IAEB? .............................................................................................. 28
When, where, and for how long do you post an Invitation to Apply for Eligibility
and to Bid? ........................................................................................................... 29
Which unit shall ensure that the advertising/posting requirements of the IAEB are
complied with? ...................................................................................................... 29
Methodology: How are IAEBs advertised and posted?................................................ 29
When may the Procuring Entity exercise its right to reject bids, declare a failure of
bidding, or not award the contract? ......................................................................... 30

STEP 2 ACCEPT LOIS, ISSUE ELIGIBILITY DOCUMENTS, AND CONDUCT

ELIGIBILITY CHECK ..................................................................................... 32
Legal Reference .................................................................................................... 32
When should Letters of Intent and Applications for Eligibility and Short listing be
submitted? ........................................................................................................... 32
When should the Eligibility Forms be released?.......................................................... 32
What happens if no prospective bidder submits a Letter of Intent? .............................. 32
How do you determine the eligibility of the prospective bidders? ................................. 33
When could consultants be hired?............................................................................ 33
Who may be hired as consultants?........................................................................... 33
Can a government employee or officer become a consultant of a Procuring Entity? ........ 35
How can a Procuring Entity know if there are Filipino consultants that have the
expertise and experience it needs? .......................................................................... 36
What is an Eligibility Check? ................................................................................... 36
It is a procedure to determine if a prospective bidder is eligible to participate in
the bidding at hand. In determining a prospective bidders eligibility, the BAC shall
use non-discretionary pass/failcriteria, as stated in the IAEB and the ITB.
Essentially, this means that the absence, incompleteness or insufficiency of a
document shall make a prospective bidder ineligible to bid for the particular
procurement. (IRR-A Section 23.2).......................................................................... 36
When is a prospective bidder eligible to bid? ............................................................. 37
Are there other instances where a conflict of interest may arise in consulting
services? .............................................................................................................. 37
How should a Procuring Entity address any possibility of an unfair competitive
advantage in the procurement of consulting services?................................................ 38
What are the minimum eligibility requirements? ........................................................ 38
How and when shall the Eligibility Requirements be submitted?................................... 40
What happens if only one bidder submits an Eligibility Envelope? ................................ 41
Who are involved in the Receipt and Opening of the Eligibility Envelopes? .................... 41
How should Eligibility Envelopes be received? ........................................................... 41
How is an Eligibility Check conducted? ..................................................................... 41
What can a potential bidder do if it is found ineligible? ............................................... 42
What happens if questions/doubts have been raised about the eligibility of a
prospective bidder after it had been declared as eligible? ........................................... 43
What happens if only one prospective bidder is declared eligible? ................................ 43
What happens if no prospective bidder is declared eligible?......................................... 43

STEP 3

SHORT LIST ELIGIBLE CONSULTANTS ................................................... 44

Legal Reference .................................................................................................... 44

Why is there is a need to short list? ......................................................................... 44
Who shall be considered for short listing? ................................................................. 44
Methodology: How are eligible consultants short listed? ............................................. 44
How long shall the entire process of eligibility check and short listing take? .................. 45
Are disassociations and associations among short listed consultants allowed? ............... 45
What happens if no eligible bidder passes short listing?.............................................. 45

STEP 4

ISSUE THE BIDDING DOCUMENTS........................................................ 46

Legal Reference .................................................................................................... 46

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Page iii

To whom and when should the bidding documents be issued? ..................................... 46

How much must short listed consultants pay for the bidding documents?...................... 46
How are the bidding documents issued? ................................................................... 47
What are the responsibilities of a short listed consultant with regard to the bidding
documents? .......................................................................................................... 47

STEP 5 CALL A PRE-BID CONFERENCE AND, IF NECESSARY, ISSUE

SUPPLEMENTAL/BID BULLETINS ..................................................................... 49
Legal Reference ..................................................................................................... 49
What is a Pre-bid Conference?................................................................................. 49
When do you hold a Pre-bid Conference? .................................................................. 49
Who must attend the Pre-bid Conference? ................................................................ 49
How should the participants conduct themselves during the Pre-Bid Conference
and other stages of the procurement process? .......................................................... 50
How is the Pre-bid Conference conducted? ................................................................ 50
What happens if there is a need for clarification or interpretation on the Bidding
Documents after the pre-bid conference had been held? ............................................. 50
Who are involved in the Issuance of the Supplemental / Bid Bulletin?........................... 51
Methodology: How is a Supplemental/Bid Bulletin issued?........................................... 51

STEP 6

RECEIVE AND OPEN THE TECHNICAL AND FINANCIAL ENVELOPES ................ 52

Legal Reference ..................................................................................................... 52

What is a Bid? ....................................................................................................... 52
What are the contents of the Technical Proposal?....................................................... 52
What are the contents of the Financial Proposal? ....................................................... 53
How should the envelopes be submitted and received?............................................... 53
When should the bids be submitted? ........................................................................ 53
What happens if no short listed bidder submits a bid? ................................................ 53
Who are involved in the receipt, opening and preliminary examination of the Bids?........ 54
How are bids received, opened, and preliminarily examined? ...................................... 54
Are short listed consultants allowed to modify or withdraw their bids? .......................... 56
What happens to the bid security of a short listed consultant that withdraws its bid
after the deadline for the submission of bids?............................................................ 56
What happens if a short listed consultant has failed to comply with the Technical
requirements of the Bid? ........................................................................................ 56
What happens if no short listed consultant passes the preliminary examination of
bids? .................................................................................................................... 57

STEP 7

EVALUATE THE BIDS ........................................................................ 58

Legal Reference ..................................................................................................... 58

Why do you need to evaluate the bids? .................................................................... 58
How is QBE done?.................................................................................................. 59
How is QCBE done?................................................................................................ 60
How long does the Evaluation Procedure take place? .................................................. 62
Who are the participants in the Bid Evaluation? ......................................................... 62
What happens if no bid passes the minimum technical rating for QCBE? ....................... 62

STEP 8

NEGOTIATE WITH THE CONSULTANT WITH THE HIGHEST RATED BID............ 63

Legal Reference ..................................................................................................... 63

Who are the parties involved in the negotiations? ...................................................... 63
What are covered during negotiations? ..................................................................... 63
When is the Financial Proposal opened?.................................................................... 64
How long should the negotiations take? .................................................................... 64
Who Will Finalize the Draft Contract After Negotiation? ............................................... 64
What happens if negotiations with the bidder with the Highest Rated Bid fail? ............... 64
What happens if negotiations with all qualified bidders fail?......................................... 64
What additional guidelines may a Procuring Entity adopt during negotiations? ............... 64

STEP 9

POST-QUALIFY ............................................................................... 66

Legal Reference ..................................................................................................... 66

Why do you need to conduct a Post-qualification? ...................................................... 66
When does a consultant pass Post-qualification?........................................................ 66
When should Post-qualification be conducted? ........................................................... 67
Who are the parties involved in the conduct of Post-qualification?................................ 67
How is Post-qualification conducted? ........................................................................ 67
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What happens if a bidder is found to have been included in any government

blacklist of consultants? ......................................................................................... 68
What happens if a bidder or its employees is related within the third civil degree
of consanguinity to the Head of the Procuring Entity or any of officials of
employees of the Procuring Entity with direct access to information that my
substantially affect the results of the bidding?........................................................... 68
What happens if a bidder is found to have committed an act that constitutes fraud
or misrepresentation or to have colluded with others for the purpose of influencing
the outcome of the Bidding? ................................................................................... 68
What happens if all qualified bidders fail post-qualification? ........................................ 69

STEP 10 AWARD THE CONTRACT .................................................................... 70

Legal Reference .................................................................................................... 70
Who will be the recipient of the award of contract? .................................................... 70
What is the Timeline for Contract Award? ................................................................. 70
Who are involved in the Award of the Contract? ........................................................ 70
How is a contract awarded? .................................................................................... 71

STEP 11 HAVE THE CONTRACT SIGNED AND APPROVED AND ISSUE THE NTP ............ 72
Legal Reference .................................................................................................... 72
When must the winning bidder and the Procuring Entity enter into a contract? .............. 72
What are the Timelines to be considered with respect to contract approval? ................. 72
When shall the Procuring Entity issue the NTP? ......................................................... 72
When is a contract effective?................................................................................ 72
Who are the Parties involved in Contract Signing and Approval and Issuance of the
NTP?.................................................................................................................... 73
What documents form part of the contract? .............................................................. 73
How is Contract Signed and Approved, and the NTP Issued? ....................................... 73
What are the rules governing the review and approval of government contracts? .......... 74
What happens if the bidder with the HRRB/SRRB refuses or is unable, through its
own fault, to post the performance security and sign the contract within the
prescribed period? ................................................................................................. 75
What happens if the failure of the bidder with the HRRB/SRRB to sign the contract
within the prescribed period is not its own doing?...................................................... 76

RESERVATION CLAUSE ................................................................................. 77

Legal Reference .................................................................................................... 77
When may the Procuring Entity exercise its right to reject bids, declare a failure of
bidding, or not award the contract? ......................................................................... 77

INSTRUCTIONS ON THE PROCEDURAL STEPS FOR THE PROCUREMENT

OF CONSULTING SERVICES ....................................................................... 79
THE ALTERNATIVE METHODS FOR THE PROCUREMENT OF CONSULTING SERVICES ....... 81
What is the rule on the use of alternative methods of procurement? ............................ 81

PROCUREMENT THROUGH THE LIMITED SOURCE BIDDING METHOD.......................... 82

What is limited source bidding? ............................................................................... 82
Who will be invited to bid?...................................................................................... 82
What if the expertise is not available locally? ............................................................ 82
Who are the parties involved in procurement through limited source bidding? ............... 82
How is limited source bidding conducted? ................................................................. 83

PROCUREMENT THROUGH THE NEGOTIATED PROCUREMENT METHOD ........................ 84

What is negotiated procurement? ............................................................................ 84
When is Negotiated Procurement allowed?................................................................ 84
With whom can a Procuring Entity negotiate for projects located in areas where a
state of calamity exists? ......................................................................................... 85
With whom can a Procuring Entity negotiate for the implementation of projects
that had been taken over?...................................................................................... 85
Who are the parties involved in negotiated procurement?........................................... 85
How is negotiated procurement conducted? .............................................................. 85
Are bid and performance securities still required for negotiated procurement? .............. 87

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Page v

GUIDELINES
ON
CONTRACT
IMPLEMENTATION
FOR
THE
PROCUREMENT OF CONSULTING SERVICES ............................................... 88
ADVANCE PAYMENT FOR MOBILIZATION ........................................................... 90
Can the Procuring Entity make an advance payment for mobilization to the
consultant? ........................................................................................................... 90
How can the Procuring Entity recover the advance payment it made to a
consultant? ........................................................................................................... 90

REPLACEMENT OF CONSULTANT AND KEY PERSONNEL .......................................... 91

Can a consultant replace a key personnel? ................................................................ 91
What must a Procuring Entity do if it considers the performance of one or more
key personnel to be unsatisfactory? ......................................................................... 91

CONTRACT PRICE AND PAYMENT ..................................................................... 92

Are contract prices fixed?........................................................................................ 92
How are contract prices to be denominated? ............................................................. 92
When shall payments be made? .............................................................................. 92
In what currency shall payments be made?............................................................... 92
What are the different types of consultancy contracts based on payment terms
normally used? ...................................................................................................... 92

LIQUIDATED DAMAGES ................................................................................. 94

What happens when the consultant fails to satisfactorily complete the services
required under the contract? ................................................................................... 94

INCENTIVE BONUS ...................................................................................... 95

Can a Procuring Entity give incentive bonuses to consultants? ..................................... 95

SUBCONTRACTING ....................................................................................... 96
Is subcontracting allowed for the procurement of consulting services?.......................... 96

SUSPENSION OF WORK ................................................................................. 97

Can the Procuring Entity suspend services on a project? ............................................. 97
Who are the parties involved in the issuance of a Suspension Order? ........................... 97
Methodology: How is a Suspension Order issued? ...................................................... 97
Can the consultant suspend work? ........................................................................... 98
When can a Procuring Entity order the resumption of work? ........................................ 98
Should the period when work was suspended be considered in extending the
contract time? ....................................................................................................... 98

CONTRACT TERMINATION FOR DEFAULT, UNLAWFUL ACTS OR INSOLVENCY ............... 99

Legal Reference:.................................................................................................... 99
When may a Procuring Entity terminate a contract for default?.................................... 99
May a Procuring Entity terminate a contract by reason of Unlawful Acts? ...................... 99
May a Procuring Entity terminate a contract by reason of Insolvency? .......................... 99
Under what conditions and how may a consultant terminate its contract with a
Procuring Entity? ................................................................................................. 100

CONTRACT TERMINATION FOR CONVENIENCE ................................................... 101

May termination be allowed for reasons other than those attributable to the
consultant? ......................................................................................................... 101
What circumstances may constitute sufficient grounds to terminate a contract for
convenience? ...................................................................................................... 101

WARRANTY.............................................................................................. 102
What is a warranty and when is it required?............................................................ 102

ANNEX .................................................................................................... 104

FREQUENTLY ASKED QUESTIONS ................................................................... 106

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ABBREVIATIONS AND ACRONYMS

ABC

Approved Budget for the Contract

ADB

Asian Development Bank

AFP

Armed Forces of the Philippines

APP

Annual Procurement Plan

APR

Agency Procurement Request

BAC

Bids and Awards Committee

BDS

Bid Data Sheet

BIR

Bureau of Internal Revenue

BOC

Bureau of Customs

BSP

Bangko Sentral ng Pilipinas

CAF

Certificate of Availability of Funds

CDA

Cooperatives Development Authority

CQS

Selection Based on the Consultants Qualifications

CSC

Civil Service Commission

DBM

Department of Budget and Management

DBM-PS/
PS-DBM

Department of Budget and Management-Procurement Service

DOJ

Department of Justice

DTI

Department of Trade and Industry

DV

Disbursement Voucher

E.O.

Executive Order

FAP

Foreign Assisted Project

FBS

Selection under a Fixed Budget

GAA

General Appropriations Act

GCC

General Conditions of Contract

GFI

Government Financial Institution

GOCC

Government-owned and/or controlled corporation

GOP

Government of the Philippines

GPPB

Government Procurement Policy Board

GPPB-TSO

GPPB Technical Support Office

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Page vii

GPRA

Government Procurement Reform Act (R.A. 9184)

HRB

Highest Rated Bid

HRRB

Highest Rated Responsive Bid

IAEB

Invitation to Apply for Eligibility and to Bid

IFI

International Financing Institution

IPR

Intellectual Property Rights

IRR

Implementing Rules and Regulations

IRR-A

The Implementing Rules and Regulations Part A of R.A. 9184

ITB

Instructions to Consultants

JVA

Joint Venture Agreement

LBP

Land Bank of the Philippines

LC

Letter of Credit

LCS

Least-Cost Selection

LGU

Local Government Unit

LOI

May refer to Letter of Intent or Letter of Instructions, depending on the

manner of usage

MDS

Modified Disbursement Scheme

NCA

Notice of Cash Allocation

NEDA

National Economic and Development Authority

NFCC

Net Financial Contracting Capacity

NGA

National Government Agency

NGO

Non-Government Organization

NTP

Notice to Proceed

P.D.

Presidential Decree

PhilGEPS/
G-EPS

Philippine Government Electronic Procurement System

PMO

Project Management Office

PPMP

Project Procurement Management Plan

PWI

Procurement Watch Inc.

QBE

Quality-Based Evaluation Procedure

QBS

Quality-Based Selection

QCBE

Quality-Cost Based Evaluation Procedure

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Page viii

QCBS

Quality- and Cost- Based Selection (for IFIs)

R.A.

Republic Act

R.A. 9184

Republic Act No. 9184, otherwise known as the Government Procurement

Reform Act

RFP

Request for Proposals

SARO

Special Allotment Release Order

SBDs

Standard Bidding Documents

SCC

Special Conditions of Contract

SEC

Securities and Exchange Commission

SOW

Scope of Work

SRRB

Single Rated and Responsive Bid

SSS

Single-Source Selection

SUCs

State Universities and Colleges

SWAps

Sector Wide Approaches

TOR

Terms of Reference

TWG

Technical Working Group

UN

United Nations

UNDB

United Nations Development Business

WB

The World Bank

Manual of Procedures for the Procurement of Consulting Services

SECTION 1

Introduction

Page 3 of 108

Scope of Volume 4

This Manual seeks to provide its users with clear, concise, and accurate information on the
public procurement of consulting services, by discussing the steps that need to be taken
to effect such procurement in the manner prescribed by R.A. 9184, otherwise known as the
Government Procurement Reform Act and its IRR-A. It also discusses important issues that
may confront government officials in all stages of consulting services procurement, from the
preparation of bid documents, to the actual conduct of the bidding activity, monitoring of
contract implementation and the final payment to the consultant.
This Manual focuses on public procurement of consulting services. The procedures are
harmonized to a large extent with the IFIs and bi-lateral agencies lending to the Philippines.
There are however policies which are specific to a particular lending agency or grantor and the
document highlights the main differences. It should however be noted that the loan, credit or
grant agreement with the relevant IFIs and/or bilaterals and their respective Guidelines will
be the overriding factors governing the foreign assisted projects.
This Manual focuses on public procurement of Consulting Services. The PBDs on Consulting
Services are harmonized to a large extent with the WB. There are, however, policies which
are specific to the WB and the PBD for Consulting Services highlight these differences. The
circumstances that would permit the use of the Harmonized PBDs in WB projects require that:
(a) the Legal Agreement should provide for it; (b) all short listed firms are national firms; and
(c) that the amount does not go beyond $200,000. For projects funded by ADB and JBIC, the
respective guidelines on selection of consultants will be followed, as these IFIs have yet to
harmonize with the PBDs for Procurement of Consulting Services.
CONSULTING SERVICES are services for infrastructure projects and other types of projects
or activities of the government requiring adequate external technical and professional
expertise that are beyond the capability and/or capacity of the Government to undertake such
as, but not limited to: (i) advisory and review services; (ii) pre-investment or feasibility
studies; (iii) design; (iv) construction supervision; (v) management and related services; and
(vi) other technical services or special studies. (IRR-A Section 5 [i])

What are the types of consulting services?

Consulting services can be divided into six (6) broad categories, namely: (IRR-A Annex B)
1.

Advisory and Review Services

These services consist of the review and the provision of advice on particular projects
or problems. These include planning, system and implementation design, financial,
fiscal, legal and other professional services, as well as management, production,
inspection, testing and quality control. They also include such services as appearances
before commissions, boards or other judicial bodies to give evidence or otherwise
submit professional opinions.

2.

Pre-Investment or Feasibility Studies

These are the studies which normally precede decisions to go (or not to go) forward
with specific projects. These studies may have as their objectives:
a.

To establish investment priorities and sector policies - Studies conducted for

this objective include basic resource inventories, such as, river basin surveys,
transport sector surveys, and studies of alternative development patterns and
of sectors on a regional or nationwide scale;

Manual of Procedures for the Procurement of Consulting Services

Page 4 of 108

3.

b.

To determine the basic features and the feasibility of individual projects Studies toward this objective include functional designs, project site
selections, architectural and space programming and physical layout of
specific projects, preliminary designs and cost estimates, and the economic,
financial and environmental impact analyses required for project evaluation;
or

c.

To define and propose changes in governmental policies, operations and

institutions necessary for the successful implementation or functioning of
investment projects - Studies undertaken in pursuit of this objective include
analyses of project related organizations, administrative problems, planning
machinery, regulatory and marketing policies, accounting and management
systems, and manpower resources and training requirements.

Design
This type of services normally consists of three (3) phases:

4.

a.

Pre-Design Phase, which establishes the general size and scope of the
project and its location on the site. The consulting services under this
category include reconnaissance, topographical and other engineering and
land
surveys,
soils
investigations,
preparation
of
preliminary
architectural/engineering designs, layouts, outline specifications, preliminary
cost estimates, and specific recommendations prior to actual design;

b.

Basic Design Phase, which includes the preparation of detailed plans,

designs, working drawings, specifications, detailed cost estimates and tender
documents required for invitations of bids for construction works and
equipment; and

c.

Support Services During Construction, which include assistance and

advice in securing bids, tabulation and analysis of bid results, and making
recommendations on the award of construction contracts, and in preparing
formal contract documents; preparation of supplementary drawings required
to suit actual field conditions; checking detailed construction and as-built
drawings, shop and erection drawings submitted by contractors; making
periodic visits to check on the general progress of work and quality of
materials and workmanship; observing performance tests and start-up and
making report thereon; and making a final inspection and reporting of
completed project.

Construction Supervision
Consulting services under this category include:
a.

Inspection and expediting of the work;

b.

Verification and checking of quantities and qualities of work accomplished by

the contractor as against the approved plans, specifications, and programs of
work;

c.

Issuance of instructions for correcting on the work;

d.

Verification and recommendation for approval of statements of

accomplished and certificate of project completed by the contractor;

e.

Review and recommendation for approval of progress and final billings of the
contractor; and

f.

Provision of record or as-built drawings of the completed projects.

work

The above do not mean direction, superintendence or management of construction.

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Page 5 of 108

5.

Management and Related Services

The services under this category, on the other hand, include:

6.

a.

Sector policy and regional development studies;

b.

Planning, feasibility, market, economic, financial, technical, operations and

sociological studies;

c.

Project management, including procurement

monitoring, and post-evaluation services;

d.

Production management, inventory control, and productivity improvement;

e.

Marketing management and systems;

f.

Information and communications technology services, including but not

limited to, information systems design and development, and network design
and installation;

g.

Institutional
strengthening,
organization
requirements, training and technology transfer;

h.

General management consultancy; and

i.

Other related services.

advisory

services,

development,

impact

manpower

Other Technical Services or Special Studies

Other technical services include:
a.

Institution building, including organization and management studies, and

business process re-engineering and development;

b.

Design and execution of training programs at different levels;

c.

Provision of staff
replacements; and

d.

Tasks relating to economic and financial studies such as those of tariff

structures.

to

carry

out

certain

functions

and

to

train

their

Special studies include the following:

a.

Soils investigation;

b.

Studies, tests and process determination performed to establish design

criteria for water facilities;

c.

Detailed mill, shop, and / or laboratory inspection of materials and equipment;

d.

Land surveys, establishment of boundaries and monuments, and related office

computations and drafting;

e.

Parcellary surveys;

f.

Engineering surveys (for design and construction) and photogrammetry;

g.

Assistance in litigation arising from the development or construction of

projects and in hearings before various approving and regulatory agencies;

h.

Investigation involving detailed consideration of the operation, maintenance,

and overhead expenses; and the preparation of rate schedules; earning and

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Page 6 of 108

expense statements, feasibility studies, appraisals, evaluations, and material

audits or inventories required for certification of force account construction
performed by the agencies;
i.

Preparation of environmental statements and assistance to the agencies in

public hearings;

j.

Preparation of operating instructions and manuals for facilities and training of

personnel and assistance in initial operation of facilities;

k.

Designs to meet unique and / or above normal requirements brought about by

severe earthquakes, tornadoes, or blasts, or satisfy unique or abnormal
tolerances, safety requirements, etc.;

l.

Site and physical planning;

m.

Environmental and other aspects of planning;

n.

Housing;

o.

Interior design;

p.

Studies on preservation and restoration of historical, cultural, and artworks;

q.

Landscaping;

r.

Construction management; and

s.

Defense systems design, including self-reliance defense program.

Other specialized expertise not included in the above categories and to be provided for a
client in the performance of a specified task over a specified period of time may also be
considered as consulting services.

Manual of Procedures for the Procurement of Consulting Services

SECTION 2

Preparing for the Procurement

of Consulting Services

Page 9 of 108

Preparing for the Procurement of Consulting Services

Volume I of this Manual contains an extensive discussion of Procurement Planning as a

general concern for all kinds of government procurement, while this Volume mainly focuses
on concerns that are particular to the procurement of consulting services. As such, it is
advisable for the reader to refer to the pertinent discussions in Volume I before and during
the reading of this Section.
Preparing makes for higher efficiency and better efficacy. It enables the procurement officials
concerned to anticipate the onset of events and, as a consequence, better calibrate their
response to them. Having a better appreciation of forthcoming events gives these officials the
opportunity to test a range of possible courses of action, choose the best and most feasible of
these, and identify measures to put them into action. Ultimately, it would enable them to
determine the best manner by which such measures are to be implemented, ensuring that
their individual and collective impacts are optimized at the least cost.
Preparing for procurement basically involves three activities: procurement planning,
preparation of the bidding documents, and the conduct of the pre-procurement conference.
Procurement planning entails ensuring that plans for procurement are linked to budgets,
preparing the PPMP and consolidating all PPMPs into the APP. Formulating the PPMP involves
identifying the procurement project requirements, writing the TOR, determining the ABC,
identifying the schedule of milestone activities, and determining the method of procurement.
The PPMP is then transformed into the bidding documents, which ought to contain all the
information a prospective bidder needs to prepare its bid. Therefore, in preparing the bidding
documents, one has to ensure that these accurately and comprehensively reflect the main
elements of the PPMP. One also has to make sure that the documents are of the kind and
form prescribed by the IRR-A and these Manuals.
The pre-procurement conference is the forum where all officials of the Procuring Entity
involved in the project meet to discuss all aspects of the said project and to determine the
readiness of the Procuring Entity to undertake the procurement. The conference focuses on
are the technical specifications, the ABC, the appropriateness and applicability of the
recommended method of procurement, and the availability of pertinent budget releases,
among others.

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Procurement Planning
What is the purpose of procurement planning?
The purpose of procurement planning is for the procurement entity to schedule its
procurement activities in advance, consistent with the agencys annual procurement plan. The
planning stage, the following activities must be undertaken, among others:

Preparation of the draft terms of reference by the end user

Determination of the mode of procurement
Type of consultant (e.g. individual or firm, local or foreign)
Determination of the Approved Budget for the Contract

What is the Approved Budget for the Contract or the ABC?

The ABC is the budget for the contract duly approved by the Head of the Procuring Entity, as
provided for in:
1.

The GAA and/or continuing appropriations, in the case of NGAs;

2.

The corporate budget for the contract approved by the governing board, pursuant to
E.O.No. 518, s. 1979, in the case of GOCCs and GFIs; and R.A. 8292, in the case of
SUCs; or

3.

The budget approved by the Sanggunian in the case of LGUs.

Thus, the ABC referred to in R.A. 9184 and its IRR-A basically refers to the proposed budget
for the project approved by the Head of the Procuring Entity based on the APP as consolidated
from various PPMPs.1

What are the factors that should be considered in determining the ABC?
In determining the ABC (keeping in mind that contract prices are fixed prices), the PMO or
end-user unit, with the assistance of the TWG (when necessary), must consider the different
cost components, namely:
1.

The cost or market price of the service itself;

2.

The cost of money, to account for government agencies usually buying on credit
terms; and

3.

Inflationary factor, since the planning phase is usually done one year ahead of the
actual procurement date.

If the sum of the different cost components is lower than the appropriation for the
procurement, then the ABC should be equal to the sum of the cost components. If the
resulting sum is higher than the appropriation, it is advisable to review the technical
specifications and the computation of the ABC. In any case, the ABC should not exceed the
appropriation.
In case of adjustment of ABC due to failure of bidding, GPPB Resolution 07-2005 provides that
the ABC may be adjusted upwards only under the following conditions:

For FAPs, reference to the standard bidding documents for the project should be made to determine the applicability of
the ABC.

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1.

There has been failure of bidding for the second time due to all bids submitted
exceeding the ABC or no bids have been submitted, or failure in the negotiated
procurement after two failed biddings; and

2.

There has been previous modification of the terms, conditions and specifications of
the project based on Section 35 of the IRR-A, except when the project is indivisible,
where the technical component is an integral part of the whole that cannot be
reduced, and it constitutes the minimum requirement of the Procuring Entity for
which there are no substitutes.

GPPB Resolution 07-2005 further states that the ABC may be adjusted downwards if there is a
need to reflect actual market prices and/or scope of work or suit actual field conditions of the
project.
Upon adjustment of ABC, the Procuring Entity must conduct re-bidding with readvertisement/posting. Any succeeding adjustment of the ABC shall be in accordance with
these guidelines.

How do you compute the cost of consultancy?

The cost of consultancy shall be computed on the basis of cost to the consultant of actual
services to be rendered by the consultant plus a reasonable level of management fee. The
amount of management fee depends on the complexity and magnitude of the project, and
other direct expenses associated to the undertakings.
The cost of consultancy shall consist of the following and shall be presented in the agreement
in like manner:
1.

Remuneration Costs
These are the remuneration to be paid to the consultants staff/personnel who are
directly engaged in the consulting services as per agreed manning schedule. It covers
the basic rates of the staff multiplied by a billing factor of the consulting firm.
The umbrella organization of consultants shall, from time to time, disseminate
information on the rates or fees of consultants per expertise as guide to the BAC and
end-user during financial negotiation.
a.

Basic Rates
The basic rates represent the salaries actually being received by the
professional staff from the consulting firms as certified by the consultant with
a sworn statement to be submitted to the Procuring Entity. The basic rates of
all individual members of the staff shall be clearly indicated in the contract. In
determining the basic rates, the following may be considered as bases:

b.

i.

Salary history;

ii.

Industry rates; and

iii.

Two hundred percent (200%) of the equivalent rate in the Procuring

Entity as the floor.

Billing Factor or Multiplier

The billing factor or multiplier shall be derived from the following to be
supported by audited financial statements prepared by an independent
auditing/accounting firm/entity and certified by the consulting firm with a
sworn statement:
i.

Overhead Cost
These are incidental and general administrative and management
expenses of the firm other than those directly related to the project,
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and are expressed in percent of the total of the basic salaries of all the
personnel of the firm. Normally not exceeding one hundred twenty
percent (120%) of the basic salary of the personnel, these expenses
may include a combination of the following:

ii.

Executive, administrative, accounting, and legal salaries, other

than identifiable salaries included in the basic man-month
salaries;

Legal and corporate expenses including licenses, professional

membership fees;

Business
costs
including
advertisements, promotions;

Research and development

development programs;

Provision for office, electricity, water, and similar items for

working space;

Depreciation and amortization;

Financial and banking costs including interest expenses and

handling charges;

Building and equipment insurance; and

Provision for loss of productive time of technical employees

between assignments, and taxes.

representation

activities including

allowances,

personnel

Social Charges
These are cost items for the welfare and benefit of the consultants
staff in accordance with the policies of the consultant and of the
government. Their totality expressed as a percentage of the basic
rates of the consultants personnel, these cost items may include any
or a combination of the following, based on audited and sworn
statement to be submitted by the consultant to the Procuring Entity:

iii.

Bonuses;

Vacation/sick leave and paid public holidays;

Medical Care;

Pension plan retirement and/or terminal pay;

Company insurance; and

Other benefits as required by law.

Management Fee
This is the remuneration for the professional know-how and expertise
of the consultant. The amount of fees shall be fixed as a percentage
of the sum of the basic salary, overhead costs and social charges.
Depending on the complexity of the services rendered and other
considerations, this fee ought not to exceed fifteen percent (15%) of
the sum of the basic salary, overhead costs and social charges.

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The sum total of the basic salary, overhead, social charges and management fee as
percentage of basic salary represents the billing factor or multiplier. The size of the multiplier
may vary with the types of work, the organization and experience of the consultant, and the
geographic area in which its office is located. The multiplier normally ranges from 2.0 to 3.0
for the technical personnel, and shall normally not exceed 1.8 for the administrative personnel
directly hired for the project.
2.

Reimbursable Costs
These include all other expenses associated with the execution of the services. These
costs may be classified into:
a.

Based on Agreed Fixed Rates

These are cost items which are payable at agreed unit rates to the staff and
include the following, among others:
i.

Housing Allowance
These cover housing costs, including those for power and water, for
consultants staff. It should not include food and laundry since these
are basic necessities that the consultant has to spend for even without
the project. In considering the housing allowance, the base of
operation and the designated official station of duty of the consultant
must be defined.

Tips: Lets make doing

things easier
On per diems
Per diem rates vary for short visits and
longer stays and by location within the
country. Stays in cities receive higher per
diem as compared to municipalities.

The base of operation is the location of

the home office of the consultant while
the designated official station of duty is
the location outside of the base of
operation where most of the consultants
staff will be working more often
continuously during the duration of the
services.

For local consultants, the base of

operation is usually in Metro Manila, and
the designated official station of duty is
the project site outside Metro Manila.
Sometimes, in undertaking the services,
the consultants staff is grouped into two (2), i.e. those who are
stationed at the base of operation and those stationed at the project
site, depending on where they will be staying longer continuously
during the duration of the services.
Housing allowance shall be given only for long-term consultants staff,
i.e. those who will be staying at the designated official station of duty
continuously for more than one (1) month. The agency may also
have the option to provide for housing facilities at the designated
official station of duty instead of giving housing allowance. The work
and manning schedules, together with the designated base of
operation and the official station of duty, shall be the basis for
determining the rates of housing allowance and per diem.

ii.

Per Diems
These are daily allowances given to the consultant personnel while on
official trips authorized by the agency and/or explicitly required in the
contract as follows:

Outside of the base of operation for consultant staff stationed

there; and
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iii.

b.

Outside of the designated official station of duty for consultant

staff stationed there, except when staying at the base of
operation. Per diems shall be reckoned from a 24-hour day
trip of at least 50 kilometers away from the station.

For foreign consultants, miscellaneous international travel expenses

such as, the cost of transportation to and from the airports, airport
taxes, passports, visas, travel permits and vaccinations.

Based on Actual Cost

These are all other reimbursable costs that must be supported with invoices
and/or other supporting papers, and include the following:
i.

International Travel
This covers the cost of full fare economy class air transportation,
preferably through a Filipino-owned airline, by the most direct and
expeditious air routes of the consultants expatriate staff from their
point of origin. An expatriate shall be allowed the cost of excess
baggage up to 20 kilograms each per round trip.

ii.

Domestic Travel
This covers the cost of full fare economy class air transportation
and/or land transportation by the most direct and expeditious routes
of the consultants staff for official trips authorized by the agency
and/or explicitly required in the contract.

iii.

Domestic Transportation
This covers the provision of vehicles either through purchase or rental.

iv.

Communication Expenses
This includes telephone, mobile, two-way radio, telegrams, Internet,
parcel, freight, courier, fax and etc.

3.

v.

Cost of office/engineering supplies and cost of preparing/reproduction

drawings and other documents to be submitted;

vi.

Cost of field office either through rental or construction;

vii.

Equipment rental and purchases whenever justifiable;

viii.

Acquisition of software licenses; and

ix.

Cost of other items deemed necessary for the project as certified by

the agency concerned.

Contingency
Payments in respect of items of additional work within the general scope of services
that may turn out to be necessary as the study progresses or costs that would exceed
the estimates set forth may be chargeable to the contingency amounts in the
respective estimates. However, these payments can be done only if such costs are
approved by the agency concerned prior to its being incurred and provided, further,
that they shall be used only in line with the unit rates and costs specified in the
contract and in strict compliance with the project needs. Contingency amount must
not exceed five percent (5%) of the amount of the contract.

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Tips: Lets make doing things easier

On determining reasonable rates
The end-user must estimate the cost of consulting services through cost research in the
local market. This study ought to focus on the monthly salaries paid to the consultants
staff, per diems for hotel and living expenses for staff away from normal duty station,
air or land transportation, and other out-of-pocket expenses, to obtain a good basis for
the budget. For contract duration of more than one (1) year, a reasonable percentage
to cover inflation may be added to the estimate.

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Preparing the Bidding Documents

Legal Reference
IRR-A Section 17 provides the rules in relation to the preparation of the bidding documents.

What are Bidding Documents?

Bidding documents are documents issued by the Procuring Entity to provide the prospective
bidders all the necessary information that they need to prepare their bids. (IRR-A Section 5
[f]) These clearly and adequately define, among others:
1.

The objectives, scope and expected outputs and/or results of the proposed contract;

2.

The expected contract duration;

3.

The obligations, duties and/or functions of the winning bidder; and

4.

The minimum eligibility requirements of bidders, such as track record to be

determined by the Head of the Procuring Entity. (IRR-A Section 17.2)

What are the contents of Bidding Documents?

The PBDs contain the following:2
1.

IAEB;

2.

Eligibility Documents;

3.

Eligibility Data Sheet;

4.

Letter of Invitation to Bid;

5.

ITB;

6.

BDS;

7.

GCC;

8.

SCC;

9.

Technical Proposal Standard Forms;

10.

Financial Proposal Standard Forms;

11.

Terms of Reference; and

12.

Appendices.

What should the ITB provide?

The ITB should contain all necessary information that would help consultants prepare
responsive proposals, and shall bring as much transparency as possible to the selection
2

The contents of the standard bidding documents for FAPs may vary.

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procedure by providing information on the evaluation process and by indicating the evaluation
criteria and factors and their respective weights and the minimum passing quality score. The
ITB should indicate an estimate of the level of key staff inputs (in staff time) required of the
consultants or the total budget.
Consultants, however, should be free to prepare their own estimates of staff time to carry out
the assignment and to offer the corresponding cost in their proposals. The ITB should specify
the bid validity period, which should be adequate for the evaluation of bids, decision on
award, and finalization of contact negotiations.

Who shall participate in the preparation of the Bidding Documents?

The following are involved in the preparation of the bidding documents:
1.

The BAC;

2.

The TWG;

3.

The BAC Secretariat and/or the procurement office/unit;

4.

The end-user/PMO; and

5.

The technical experts on the consulting services to be procured.

When should you prepare the Bidding Documents?

The bidding documents must be prepared in time for presentation at the pre-procurement
conference. These documents must be finalized before the advertisement and/or posting of
the IAEB.

How are the Bidding Documents prepared?

The BAC Secretariat/TWG, with the assistance of end-user/PMO, prepares the bidding
documents following the standard forms and manuals prescribed by the GPPB. (IRR-A
Section 17.1) The bidding documents must contain the following information:
1.

ABC and source of funds;

2.

Date, time and place of the pre-bid conference (where applicable), submission of
proposals and opening of proposals;

3.

Eligibility Requirements;

4.

ITB, including, the type of evaluation procedure, criteria for proposal evaluation and
post-qualification;

5.

TOR, which shall be crafted by the end-user/PMO, assisted by external/internal

technical experts (whenever needed) and approved by the Head of the Procuring
Entity or his authorized or approving official, and which shall define the following:
a.

The objectives, scope and expected outputs and/or results of the proposed
contract;

b.

The expected contract duration and/or time frame;

c.

The obligations, duties and/or functions of the consultant and government

counterparts and staff, including working arrangement between the
consultant, its staff and the counterpart staff;

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d.

The minimum qualifications of consultants, such as track record to be

determined by the Head of the Procuring Entity; and

e.

The services, facilities and data, if any, to be provided to the consultants;

6.

Form of proposal and price form;

7.

Completion schedule;

8.

Form, amount and validity period of bid security, the amount being stated in
Philippine peso terms; (IRR-A Section 27)

9.

Form and amount of the performance security and warranty; and

10.

Form of contract, GCC and SCC.

The Procuring Entity may require additional document requirements or specifications where
applicable and necessary for prospective bidders to prepare their respective bids. The bidding
documents, as amended, shall subsequently form an integral part of the contract. (IRR-A
Section 17.3) Statements not made in writing at any stage of the bidding process shall not
modify the bidding documents.

What is a Bid Security?

A bid security is a guarantee that the successful bidder will:
1.

Not default on its offer, and

2.

Enter into contract with the Procuring Entity within ten (10) calendar days, or less as
indicated in the ITB, from receipt of the Notice of Award, and furnish the performance
security provided for in Section 39 of the Act and its IRR-A. (IRR-A Section 27.1)

A bid security must be submitted with every bid.

opening, and payable to the Procuring Entity.

It must be operative on the date of bid

What are the forms of Bid Security and the corresponding amounts
required?
The bid security shall be in any of the following forms, with the corresponding required
amount: (IRR-A Section 27.2)3

e.

FORM OF BID SECURITY

Cash, certified check, cashiers check/managers
check, bank draft; or
Irrevocable letter of credit issued by a reputable
commercial bank or in the case of an irrevocable
letter of credit issued by a foreign bank, the same
shall be confirmed or authenticated by a reputable
local bank; or
Bank guarantee confirmed by a reputable local bank
or in the case of a foreign bidder, bonded by a
foreign bank; or
Surety bond callable upon demand issued by a
reputable surety or insurance company; or
Any combination of the foregoing forms; or

f.

Foreign government guarantee as provided in an

a.
b.

c.
d.

MINIMUM AMOUNT
1% of ABC
1% of ABC

1 % of ABC
2 % of ABC
The total amount shall not
be less than 2 % of the
ABC.
100% of ABC

For FAPs, reference should be made to the appropriate standard bidding documents for the project in order to
determine the requirement of a bid security and, if one is so required, the applicable amount and form thereof.

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executive, bilateral or multilateral agreement, as

may be required by the Head of the Procuring Entity
concerned.

Who determines the form of the Bid Security to be submitted by

Consultants?
The Procuring Entity must specify in the bidding documents the preferred forms of bid security
and the respective amounts thereof. The bidder must choose which among the preferred
forms it shall submit.
The Procuring Entity is encouraged to specify forms of bid securities that are both easier to
call and more accessible to consultants, such as managers checks, cashiers checks,
irrevocable letters of credit or bank guarantees.

What is the period of validity of Bids and the corresponding Bid Security?
Bids and bid securities must be valid for a reasonable period of time as determined by the
Head of the Procuring Entity. This time period must be indicated in the bidding documents,
but in no case should it exceed one hundred twenty (120) calendar days from the date of the
opening of bids. (IRR-A Section 28) The recommended norm for bid validity is ninety (90)
calendar days with the corresponding bid security valid for one hundred twenty (120)
calendar days to provide reasonable time (thirty (30) calendar days) for the Procuring Entity
to act if the security is to be called.
Should it become necessary to extend the validity of the bids and the bid securities, the
Procuring Entity should request in writing all those who submitted bids for such extension
before the expiry date thereof. Bidders shall have the right to refuse to grant such extension
without forfeiting their bid securities. The bid security of bidders who refuse to grant the
Procuring Entitys request for an extension of the validity of their respective bid securities will
have these securities returned to them. (IRR-A Section 37.2.2) However, they are deemed
to have waived their right to further participate in the bidding.

In what currency shall the Bid Security be denominated?

The bid security must be denominated in Philippine currency (IRR-A Section 27.3), except
in the case of foreign bidders, which are allowed to submit foreign currency denominated bids.

What happens if a bidder does not submit a Bid Security?

Its bid will be rejected.

When should Bid Securities be returned to the bidders?

No bid securities shall be returned to bidders after the opening of bids and before contract
signing, except to those that failed to comply with any of the requirements submitted in the
technical envelope of the bids. Without prejudice to the provisions of the law allowing
forfeiture of bid securities, bid securities shall be returned only after the bidder with the HRRB
has signed the contract and furnished the performance security, but in no case later than the
expiration of the bid security validity period indicated in the ITB. (IRR-A Section 27.4)

When may a Bid Security be forfeited?

A bidders bid security may be forfeited when:
1.

The bidder withdraws its bid beyond the deadline therefor;

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2.

The bidder does not accept correction of arithmetical errors;

3.

The bidder being considered for award does not accept the award or does not sign the
contract within the period prescribed in the bidding documents;

4.

The bidder being post-qualified did not provide the BAC the required clarifications; or

5.

The bidder is proven to commit any of the acts under Sections 65 and 69 (Imposition
of Administrative Penalties).

What is a Performance Security?

Within a maximum period of ten (10) calendar days from the receipt of the Notice of Award
from the Procuring Entity, and in all cases upon the signing of the contract, the successful
bidder should furnish the Procuring Entity with the performance security in accordance with
the Conditions of Contract, and in the Form prescribed in the Bidding Documents. (IRR-A
Section 39.1) The performance security forms part of the contract. (IRR-A Section
37.2.3) (Please refer to Step 9, Post-Qualify for further discussions on the HRRB.)

When shall the performance security be posted by the Bidder with the
Highest Rated Responsive Bid?
Within a maximum period of ten (10) calendar days from the receipt of the Notice of Award
from the Procuring Entity, and in all cases upon the signing of the contract, the successful
bidder should furnish the Procuring Entity with the performance security in accordance with
the Conditions of Contract, and in the Form prescribed in the Bidding Documents. (IRR-A
Section 39.1) The performance security forms part of the contract. (IRR-A Section
37.2.3)

What are the forms of Performance Security and the corresponding

amounts required?
The performance security may be in any of the following or a combination of forms with the
corresponding required amounts:4

a.
b.

c.
d.
e.

FORM OF PERFORMANCE SECURITY

Cash, certified check, cashiers/managers check, bank
draft; or
Irrevocable letter of credit issued by a reputable
commercial bank or in the case of an irrevocable letter
of credit issued by a foreign bank, the same shall be
confirmed or authenticated by a reputable local bank;
or
Bank guarantee confirmed by a reputable local bank or
in the case of a foreign winning bidder, bonded by a
foreign bank; or
Surety bond callable upon demand issued by any
reputable surety or insurance company; or
Any combination of the foregoing forms; or

Performance securities are not required for consulting services in FAPs.

Manual of Procedures for the Procurement of Consulting Services

MINIMUM AMOUNT
5% of contract price
5% of contract price

10% of contract price

30% of contract price
The total amount shall
not be less than 30 %
of the Contract Price.

Page 21 of 108

Who determines the form of the Performance Security to be submitted by

Winning Bidder?
The Procuring Entity must specify in the bidding documents the preferred forms of
performance security and the respective amounts thereof. The winning bidder must choose
which among the preferred forms it shall submit.

In case of amendments in the contract price, will there be a corresponding

change in the amount of the Performance Security?
Yes. The winning bidder shall post an additional performance security following the schedule
above to cover any cumulative increase of more than ten percent (10%) over the original
value of the contract as a result of amendments to order or change orders, extra work orders
and supplemental agreements, as the case may be. The percentages in the schedule above
must be applied to increases in the original value of the contract, not to the contract price.
The winning bidder must also cause the extension of the validity of the performance security
to cover approved contract time extensions.
If the contract value is reduced because part of the consulting service under the contract had
already been delivered or completed, and accepted by the government, the Procuring Entity
shall allow a proportional reduction in the original performance security. However, this
proportional reduction in the value of the performance security is allowed only when the
contract allows for partial deliveries or performance. Moreover, the reductions must be more
than ten percent (10%), and the aggregate of such reductions must not be more than fifty
percent (50%) of the original performance security.

Who are the parties involved in the posting of the Performance Security?
The bidder with the HRRB, the Procuring Entity and the issuer of the security, e.g., the
banking/financial institution or the insurance company, are all involved in the posting of the
performance security.

Methodology: How is the Performance Security posted?

The following steps are followed in the posting of the performance security:
1.

2.

The bidder with the HRRB posts a performance security. In so doing, it must comply
with the following conditions:
a.

The performance security must be executed in the form prescribed by the

Procuring Entity in the ITB; and

b.

The performance security must at least be co-terminus with the period of final
completion of the contract.

The procurement unit/office accepts the performance security and indicates such
posting and acceptance by attaching the appropriate form to the contract.

When may the Performance Security be released?

Subject to the conditions of the contract, the performance security may be released by the
Procuring Entity concerned after the issuance of the Certificate of Acceptance of the final
report, provided that there are no claims filed against the contract awardee or the surety
company. (IRR-A Section 39.4)

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Conduct of the Pre-Procurement Conference

Legal Reference
IRR-A Section 20 specifies the rules and the guidelines in relation to the conduct of a preprocurement conference.

What is a Pre-procurement Conference?

The pre-procurement conference is the forum where all officials involved in the procurement
meet and discuss all aspects of the transaction. These aspects include the scope of work, the
ABC, the applicability and appropriateness of the recommended method of procurement and
the related milestones, the draft bidding documents, and availability of the pertinent budget
release for the project.

Why do you conduct a Pre-procurement Conference?

A pre-procurement conference is conducted to determine the readiness of the Procuring Entity
to procure consulting services with ABCs of more than One Million Pesos (P 1 Million), in terms
of the legal, technical and financial requirements. Even when the ABC amounts to P 1 Million
and below, the BAC is encouraged to conduct a pre-procurement conference if the
circumstances, like the complexity of the technical specifications, warrant the holding of such
a conference before the Procuring Entity proceeds with the procurement.

What should a pre-procurement conference achieve:

A pre-procurement conference should: (IRR-A Section 20.1)
1.

Ensure that the procurement is in accordance with the PPMP and APP;

2.

Determine the feasibility of the procurement by ascertaining, among other factors, the
availability of the appropriations and programmed budget for the contract, and the
adherence of the bidding documents, TOR and other related matters to relevant
general procurement guidelines;

3.

Review, modify and agree on the criteria for eligibility screening, and ensure that the
said criteria are fair, reasonable, and that they are of the pass / fail type and are
written in such manner;

4.

Review, modify and agree on the criteria for short listing, including the weights for
each criterion;

5.

Determine the actual number of consultants to be included in the short list. The
number shall be from three (3) to seven (7) consultants, with five (5) as the
preferable number, as well as the minimum score required; (IRR-A Section
24.15.2)

6.

Review, modify and agree on the criteria for the evaluation of proposals, and ensure
that the said criteria are fair, reasonable and applicable to the procurement at hand.
The pre-procurement conference should also determine whether the evaluation
procedure should be quality based or quality-cost based. If the procedure will be
quality-cost based, the corresponding weights for the technical and financial proposals
should be agreed upon and then recommended by the BAC to the Head of the
Procuring Entity for approval. The weights of the financial proposal shall be from

Manual of Procedures for the Procurement of Consulting Services

Page 23 of 108

fifteen percent (15%) up to a maximum of forty percent (40%). (IRR-A Section

33.5). When the assignment can be accomplished in a fairly limited number of ways
and/or involves repetitive or standardized approaches, it is recommended that the
weight of the financial proposal be closer to forty percent (40%);
7.

Finalize and approve the IAEB;

8.

Reiterate and emphasize the no contact rule during the bid evaluation process, and
the applicable sanctions and penalties, as well as agree on measures to ensure
compliance with the foregoing; and

9.

Ensure that the requirements are in accordance with the ABC.

When do you conduct a Pre-procurement Conference?

The pre-procurement conference must be conducted prior to the advertisement or issuance
the IAEB. (IRR-A Section 20.1) At least seven (7) days prior to the advertisement
issuance of the IAEB would be an advisable timeframe for the pre-procurement conference,
give the technical staff sufficient time to incorporate the necessary changes, amendments
revisions thereto.

of
or
to
or

Who calls for a pre-procurement conference?

The BAC calls for a pre-procurement conference.

Who are the participants of a pre-procurement conference?

The participants of the pre-procurement conference are:
1.

The BAC;

2.

The Secretariat;

3.

Representatives of the PMO or end-user unit/s;

4.

The Director for Finance or Budget Officer,

5.

The members of the TWG/s

6.

Technical experts who assisted in the preparation of the TOR and bidding documents
for the procurement at hand;

7.

Officials who reviewed the above-enumerated documents prior to final approval, if

any; and

8.

Other officials concerned, as may be required.

What ought to be the criteria for the evaluation of proposals?

The technical proposals of consultants shall be evaluated based on the following criteria:
(IRR-A Section 33.3.4)
1.

Quality of personnel to be assigned to the project. This criterion covers suitability of

key staff to perform the duties of the particular assignments and their general
qualifications and competence, including education and training (Recommended
weight: 30%-70%);

2.

Experience and capability of the consultant.

The consultants experience and
capability should include its record in previous engagements and the quality of its
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performance in similar and other projects. These also include its relationship with
previous and current clients, overall current work commitments, the geographical
distribution of its current/impending projects, and the level of attention it is going to
give to the project in question. In rating a consultant on this criterion, the BAC ought
to consider both the overall experiences of the firm and the individual experiences of
the principal and key staff, including those experiences when the staff were employed
by other consultants (Recommended weight: 10%-30%); and
3.

Plan of approach and methodology in delivering the services required. This criterion
should emphasize the clarity, feasibility, innovativeness and comprehensiveness of
the plan approach, and the quality of the interpretation of project problems, risks and
the suggested solutions (Recommended weight: 20%-40%).

The BAC must assign numerical weights to each of the above criteria, and these weights must
be indicated in the Request for Proposals (RFP). The relative importance of the above three
(3) factors will vary with the type of consulting services to be performed. In the overall rating
of the proposals, the greatest weight is normally given to the qualifications of the staff to be
assigned to the project. They are the most important resources for the success of the work
as they are the ones analyzing the problems and proposing solutions. The above criteria can
be further subdivided to appropriately consider the requirements of the project.
The weights for each criterion, which should have been determined during the preprocurement conference, shall add up to one hundred percent (100%).
For complex or unique undertakings, such as those involving new concepts/technology or
financial advisory services, participating short listed consultants may be required, at the
option of the agency concerned, to make an oral presentation to be presented by each
consultant, or its nominated Project Manager or head, in case of consultant firms, within
fifteen (15) calendar days after the deadline of submission of technical proposals.

Manual of Procedures for the Procurement of Consulting Services

SECTION 3

Instructions on the Procedural

Steps for the Procurement of
Consulting Services
PART ONE COMPETITIVE BIDDING

Page 27 of 108

Competitive Bidding

What is competitive bidding?

Competitive or public bidding is a method of procurement that is open to any interested and
qualified party. It is preferred over other methods of procurement. A Procuring Entity
should, therefore, see to it that its procurement program allows for enough time to conduct
such public bidding. (IRR-A Section 10)
Competitive bidding consists of the following processes; advertisement, eligibility screening of
prospective consultants, short listing, pre-bid conference, receipt and opening of bids,
evaluation of bids, negotiations, post-qualification, and award of contract. (IRR-A Section 5
[h])
The procurement process from the last day of the period of advertising and/or posting of the
IAEB up to the opening of bids should not exceed sixty (60) calendar days, (IRR-A Section
21.2.2) and the opening of bids up to the award of contract should not exceed three (3)
months, or a shorter period to be determined by the Procuring Entity concerned. In case the
deadline for each activity falls on a non-working day (i.e. Saturday and Sunday), legal
holiday, or special non-working holiday, the deadline shall be the next working day. (IRR-A
Section 38.1)

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Step 1

Advertise and Post an Invitation to Apply for

Eligibility and to Bid (IAEB)

Legal Reference
IRR-A Section 21 specifies the rules in relation to the advertising and posting of the IAEB.

What is the IAEB?

The IAEB serves as the notice to the public and all interested parties of the procurement and
bidding opportunities of the Procuring Entity.

Why do you post an IAEB?

Posting the IAEB and ensuring its widest possible dissemination will increase the number of
prospective bidders and intensify competition for the procurement activity or project.
Intensified competition, in turn, will ensure that the government, in general, and the
Procuring Entity, in particular, will get the best possible proposals, quality- and cost-wise.

What does an IAEB?

The IAEB must contain the following: (IRR-A Section 21.1)
1.

The name of the contract to be bid, a general description of the project and other
important or relevant information on the project;

2.

A general statement on the criteria to be used by the Procuring Entity for

a.

The eligibility check; and

b.

The short listing of eligible consultants;

3.

The nature of the evaluation process, that is, whether Quality-Based or Quality CostBased; (IRR-A Section 33.3.1)

4.

The weights for the technical and financial proposals under the Quality Cost-Based
Evaluation process; (IRR-A Section 33.5)

5.

The number of firms to be included in the short list;

6.

The date, time and place of the:

a.

Deadline for the submission of the LOI, and application for eligibility and short
listing;

b.

Deadline for the submission and receipt of the eligibility and short listing
requirements; and

c.

Pre-bid conference, if any;

7.

The ABC

8.

The source of funding;

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9.

The period of availability of the eligibility documents, the place where the eligibility
documents may be secured and, where applicable, the price of the eligibility
documents;

10.

The contract duration;

11.

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

12.

The Reservation Clause, which is normally located at the bottom of the notice; and

13.

Such other necessary information that are deemed relevant by the Procuring Entity.

When, where, and for how long do you post an Invitation to Apply for
Eligibility and to Bid?
The IAEB for projects with ABCs of more than One Million Pesos (P 1 Million) and/or those
with a duration of more than four (4) months should be posted: (IRR-A Section 21.2.2)
1.

Advertised at least once in one (1) newspaper of general nationwide circulation which
has been regularly published for at least two (2) years before the date of issue of the
advertisement (advisably from the 7th calendar day after the pre-procurement
conference, but if during the pre-procurement conference the BAC finds that it is not
prepared to undertake the bidding procedure, it should not hesitate to consider
moving back the advertisement/posting thereof to allow more time to perfect the
same);

2.

Continuously on the website of the Procuring Entity concerned, if available, the

website of the Procuring Entitys service provider, if any, as provided in IRR-A Section
8, and the PhilGEPS for seven (7) calendar days starting on date of advertisement, if
applicable; and

3.

At any conspicuous place reserved for this purpose in the premises of the Procuring
Entity concerned, as certified by the head of the BAC Secretariat of the Procuring
Entity concerned, for seven (7) calendar days, if applicable.

Except with respect to newspaper publications, the IAEB of projects with ABCs of P1 Million or
less and/or those with durations of four (4) months of less must be posted in all those
areas/media where the IAEB of projects with ABCs of more than P1 Million and/or those with
durations of more than four (4) months should be posted/published. The same periods shall
also apply. (IRR-A Section 21.2.3)

Which unit shall ensure that the advertising/posting requirements of the

IAEB are complied with?
The BAC is responsible for ensuring that the IAEB is advertised and posted in accordance with
law.

Methodology: How are IAEBs advertised and posted?

The following steps are followed in the advertising and posting of IAEBs:5
1.

For public bidding of contracts with an ABC costing more than One Million Pesos (P1
Million) and/or those with a duration of more than four (4) months:
a.

The BAC Secretariat prepares the draft IAEB for review/approval of the BAC.

FAPs may have additional publication requirements.

standard bidding documents for the project.

For this reason, reference should be made to the appropriate

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2.

b.

The BAC approves the contents of the IAEB during the pre-procurement
conference.

c.

The BAC Secretariat posts the IAEB in any conspicuous place reserved for this
purpose in the premises of the Procuring Entity for the duration required; and
this fact will be certified to by the head of the Secretariat.

d.

The BAC Secretariat advertises the IAEB in a newspaper as described above

for the duration required, as prescribed above.

e.

The BAC Secretariat, through its member who is authorized to transact with
the PhilGEPS, posts the IAEB in the following websites: the PhilGEPS, that of
the Procuring Entity, and its the Procuring Entitys e-procurement service
provider, if any, for the duration required.

For public bidding of contracts with an ABC costing One Million Pesos (P1 Million) and
below, and/or those with durations of four (4) months of less, and for alternative
methods of procurement:
a.

The BAC Secretariat prepares the draft IAEB for review/approval of the BAC.

b.

The BAC approves the contents of the IAEB.

c.

The BAC Secretariat performs steps c and e in item No. 1 above.

What is the Reservation Clause?

The Reservation Clause declares that the Procuring Entity reserves the right to reject any and
all bids, to declare a failure of bidding, or not to award the contract. (IRR-A Section 41)
In the case of Mata v. San Diego, G.R. No. L-30447 (March 21, 1975), the Supreme Court of
the Philippines declared that a bidder is bound by the reservation clause, and the said clause
vests in the authority concerned the discretion to ascertain who among the bidders is the
lowest responsive bidder or the lowest and best bidder or most advantageous to the best
interest of the Government. As such, a bidder has no right or cause of action to compel the
BAC or agency to award the contract to it. The Court further stated that this requires inquiry,
investigation, comparison, deliberation and decision a quasi-judicial function which, when
honestly exercised, may not be reviewed by the courts. It should be noted, however, that
R.A. 9184 Section 41, has placed some limiting qualifiers on the possible contents of the
Reservation Clause.

When may the Procuring Entity exercise its right to reject bids, declare a
failure of bidding, or not award the contract?
The Procuring Entity may exercise the right to reject any and all bids, to declare a failure of
bidding, or not to award the contract in any of the following situations (IRR-A Section
41.1):
1.

If there is prima facie evidence of collusion between appropriate public officers or

employees of the Procuring Entity, or between the BAC and any of the bidders, or
between or among the bidders themselves, or between a bidder and a third party,
including any act which restricts, suppresses or nullifies or tends to restrict, suppress
or nullify competition;

2.

If the BAC is found to have failed in following the prescribed bidding procedures,
for which the applicable sanctions shall be applied to the erring officers, as provided in
IRR-A Section 65; or

3.

For any justifiable and reasonable ground where the award of the contract will not
redound to the benefit of the government as follows:

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a.

If the physical and economic conditions have significantly changed so as to

render the project no longer economically, financially or technically feasible as
determined by the Head of the Procuring Entity;

b.

If the project is no longer necessary as determined by the Head of the

Procuring Entity; and

c.

If the source of funds for the project has been withheld or reduced through no
fault of the Procuring Entity.

If the Head of the Procuring Entity abuses his power to reject any and all bids, as provided by
the Reservation Clause, with manifest preference to any bidder who is closely related to him
in accordance with IRR-A Section 47, or if it is proven that he exerted undue influence or
undue pressure on any member of the BAC or any officer or employee of the Procuring Entity
to take such action, and the same favors or tends to favor a particular bidder, he shall be
meted with the penalties provided in IRR-A Section 65. (IRR-A Section 65.1.5)

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Step 2

Accept LOIs, Issue Eligibility

Conduct Eligibility Check

Documents,

and

Legal Reference
IRR-A Section 24 specifies the rules in relation to the eligibility requirements for the
procurement of consulting services.

When should Letters of Intent and Applications for Eligibility and Short
listing be submitted?
Prospective bidders should submit their written LOIs and Applications for Eligibility and Short
listing to the BAC and have these received not later than seven (7) calendar days from last
date of posting of the IAEB. Upon receipt of these documents, the BAC must give the
prospective bidders the list of eligibility requirements, and inform them in writing of the date,
time, and venue for the submission of such requirements. (IRR-A Section 21.3.1)
Once the PhilGEPS is fully established, prospective bidders may also submit their LOIs and
Applications for Eligibility and Short listing electronically to the Procuring Entity through the
PhilGEPS, likewise within the deadline set for the submission of the written form of the
documents.

When should the Eligibility Forms be released?

The eligibility forms must be released by the BAC immediately upon its receipt of the LOIs and
applications for eligibility.

What happens if only one bidder submits a Letter of Intent?

Even if only one bidder submits an LOI, the bidding process continues. If it is later declared
eligible and its bid is found to be responsive to the bidding requirements, its bid will be
declared as a SRRB and considered for contract award. (IRR-A Section 36)

What happens if no prospective bidder submits a Letter of Intent?

If no prospective bidder submits a Letter of Intent, the BAC shall issue a Resolution
declaring the bidding a failure. In such a case, the BAC shall issue a Resolution declaring a
failure of bidding. The BAC then reviews the terms and conditions stated in the IAEB. If
warranted, it changes any of the terms and conditions, including the quantities or
specifications, provided that the ABC is left unchanged. It must, thereafter, conduct a rebidding, in the process formulating a new IAEB and posting and publishing this as required.
(IRR-A Section 35) All bidders that have initially responded to the IAEB in the first bidding
shall be allowed to submit new bids.
If the original estimate is found to be inadequate on reassessment to meet the objectives of
the project, it is may be necessary to reduce the scope of the project (or adjust the ABC
should there be a second failure of bidding).
Should a second failure of bidding occur and the Procuring Entity finds that there is a need to
evaluate the responsiveness of the ABC, and so decides to revise the ABC accordingly, the
Procuring Entity should conduct another public bidding with re-advertisement and/or posting.
Alternatively, the Procuring Entity may enter into a negotiated procurement with a legally,
technically, and financially capable supplier. (IRR-A Sections 35.3 and 53)
However, if
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the Procuring Entity resorts to negotiated procurement, the terms, conditions, and
specifications of the project as well as the ABC must be maintained.

How do you determine the eligibility of the prospective bidders?

A prospective bidder is eligible to bid for a particular project if it complies with the eligibility
requirements prescribed for the competitive bidding, within the period stated in the invitation
to bid. The eligibility requirements shall provide for fair and equal access to all prospective
bidders.

When could consultants be hired?

Consultants may be hired if:
1.

The services they would be providing is beyond the capability of the Procuring Entity
to undertake, either because it does not have the expertise or it could not devote
enough time to the work due to numerous other assignments; and

2.

The services they would be providing and their hiring would not be inconsistent with
the governments policy of not competing with the private sector. (IRR-A Section
24.3)

Who may be hired as consultants?

In order to manifest trust and confidence in and promote the development of Filipino
consultancy, Filipino consultants should be hired whenever the services required for the
project are within the expertise and capability of Filipino consultants. It is only when the
Head of the Procuring Entity determines that Filipino consultants do not have the sufficient
expertise and capability to render the services required under the project may foreign
consultants be hired. (IRR-A Section 24.5.2) Where applicable, technology and knowledge
transfer to the Procuring Entity shall be required in the provision of consulting services. (IRRA Section 24.5.4) A Procuring Entity may hire a joint venture composed purely of Filipino
consultants or, when circumstances require the participation of foreign consultants, a joint
venture composed of Filipino and foreign consultants. The preference for Filipino consultants
merely reflects Article XII of the 1987 Constitution, which mandates the government to give
preference to qualified Filipinos in the grant of rights, privileges and concessions covering the
national economy and patrimony, including the purchase of goods, services and the hiring of
consultants, contractors and other professionals.
The above should be read in connection with E.O. 278, s. 2004, which prescribes Guidelines
for Project Loan Negotiations and Packaging of Government Foreign-Assisted Infrastructure
Projects. Under Section 1 thereof, as a general rule, the government should, as much as
possible, fund consultancy services for government infrastructure projects with local funds
and using local resources and expertise. Consultancy services shall be proposed for foreign
assistance only where foreign funding is indispensable or local funds are insufficient. For this
purpose, the concerned government units should provide funds in their respective investment
programs for the following consultancy services:
1.

Pre-investment components which include feasibility studies and related surveys and
special studies;

2.

Detailed engineering design and related activities (where the project is determined to
be feasible); or

3.

Project Management/Supervision.

Under the same Section 1 of E.O. 278, where Filipino capability is determined by appropriate
authorities to be insufficient, Filipino consultants may hire or associate themselves with
foreign consultants, provided that the Filipino shall be the lead consultant. It further
provides that where foreign funding is indispensable, foreign consultants for the project must
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enter into joint venture with Filipino consultants. It should be noted, however, that this E.O.
only covers consultancy services for foreign-assisted government infrastructure projects.
To be considered a Filipino consultant, whether as an individual, a sole proprietorship, a
partnership, a corporation, or a joint venture, one must satisfy the following requirements:
(IRR-A Section 24.1)
1.

2.

3.

4.

5.

Individual
a.

He/she must be a citizen of the Philippines; and

b.

When the consulting services involve professions regulated by Philippine laws,

he/she must be a registered professional authorized by the appropriate
regulatory body to practice those professions and allied professions.

Sole Proprietorship
a.

The owner of the sole proprietorship must be a citizen of the Philippines;

b.

The sole proprietorship firm must be registered with, and authorized by, the
Bureau of Domestic Trade; and

c.

When the consulting services involve professions regulated by Philippine laws,

the owner and key staff of the sole proprietorship must be registered
professionals authorized by the appropriate regulatory body to practice those
professions and allied professions.

Partnership
a.

At least sixty percent (60%) of the partnerships interest must be owned by

citizens of the Philippines;

b.

The partnership firm must be registered with, and authorized to engage in the
particular type of consulting service/s by, the SEC; and

c.

When the consulting services involve professions regulated by Philippine laws,

all the partners of the professional partnership firm and those who will
actually perform the services shall be Filipino citizens and registered
professionals authorized by the appropriate regulatory body to practice those
professions and allied professions.

Corporation
a.

At least sixty percent (60%) of the outstanding capital stock must be owned
by citizens of the Philippines;

b.

The corporation must be registered with and authorized by the SEC and
whose primary purpose is to engage in the particular type of consulting
service/s involved; and

c.

When the consulting services involve the practice of professions regulated by

Philippine laws, all the stockholders and directors of the corporation and those
who will actually perform the services shall be Filipino citizens and registered
professionals authorized by the appropriate regulatory body to practice those
professions and allied professions.

Joint Ventures are associations among Filipino consultants and among Filipino and
foreign consultants who may wish to complement their respective areas of expertise.
Such an association may be for the long term or for a specific assignment. All the
members of the association shall sign the contract and shall be jointly and severally
liable for the entire assignment.

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a.

At least sixty percent (60%) of the interest must be owned by citizens of the
Philippines; and

b.

When the consulting services involve the practice of professions regulated by

Philippine laws, all the stockholders and directors of the corporation and those
who will actually perform the services shall be Filipino citizens and registered
professionals authorized by the appropriate regulatory body to practice those
professions and allied professions.

In determining the eligibility of the joint venture, the principle of collective

compliance will be applied to its members/principals in the sense that each of the
entities of the joint venture must submit all of the documents that are required to
establish eligibility, although the non-compliance of one member/principal may be
compensated by the compliance of another member/principal.
Consultants may associate with each other in the form of a joint venture or of a subconsultancy agreement to complement their respective areas of expertise, strengthen
the technical responsiveness of their proposals and make available bigger pools of
experts, provide better approaches and methodologies, and, in some cases, to offer
lower prices. Such an association may be for the long term (independent of any
particular assignment) or for a specific assignment. If the Procuring Entity employs
an association in the form of a joint venture, the association should appoint one of the
firms to represent the association; all members of the joint venture should sign the
contract and should be jointly and severally liable for the entire assignment.6
A Foreign Consultant may be an individual, sole proprietorship, partnership, corporation or
joint venture that does not meet the citizenship, ownership, interest and/or
registration/authorization requirements for a Filipino consultant, but must satisfy the following
minimum requirements: (IRR-A Sections 24.1.2 and 24.5.3)
1.

The foreign consultant must be registered with the SEC and/or any agency authorized
by the laws of the Philippines;

2.

When the consulting services involve the practice of regulated professions, the foreign
consultant must be authorized by the appropriate Philippine government professional
regulatory body to engage in the practice of those professions and allied professions.
It must submit any registration, license or authority before it is awarded contract; and

3.

The hiring of foreign consultants should be in consonance with, or compliance of all

pertinent laws and regulations of the Philippines.

Can a government employee or officer become a consultant of a Procuring

Entity?
Yes. A government employee may become a consultant on a full-time or part-time basis,
provided that:
1.

As a full-time consultant:
a.

He takes a leave of absence, whether with or without pay, subject to the

following rules:
i.

A leave of absence must be contingent upon the needs of the service,

i.e. it must not adversely affect agency operations, thus, the grant of
vacation leave shall be at the discretion of the head of
department/agency;

ii.

A leave without pay shall not exceed one (1) year; and

Under IFI guidelines, the Procuring Entity should not require consultants to form associations with any specific firm or
group of firms, but may encourage association with qualified national firms.

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iii.

2.

A leave without pay shall not be granted whenever an employee has

leave with pay to his/her credit;

b.

His being a consultant does not violate the rule against a government
employee holding multiple positions;

c.

He obtains permission or authority from his head of agency as his being a

consultant constitutes a limited private practice of profession; and

d.

His being a consultant does not conflict or tend to conflict with his official
functions and the interest of the Republic of the Philippines.

As a part-time consultant:
a.

His being a consultant does not violate the rule against a government
employee holding multiple positions;

b.

He obtains permission or authority from his head of agency as his being a

consultant constitutes a limited private practice of profession;

c.

His being a consultant does not conflict or tend to conflict with his official
functions and the interest of the Republic of the Philippines; and

d.

His being a consultant does not affect the effective performance of his duty.

See CSC Resolution 021264, dated September 27, 2002.

Can an employee of the Procuring Entity be hired as a consultant in a

project of the same agency?
A government employee of the Procuring Entity cannot be hired by the agency they were
working for immediately before going on leave, since their employment would create a conflict
of interest.

How can a Procuring Entity know if there are Filipino consultants that have
the expertise and experience it needs?
The GPPB recognizes an umbrella organization of Filipino consultants as the representative of
all Filipino consultants. It deals and consults with this organization on matters relative to the
consulting industry in the country. (IRR-A Section 24.6.1)
The umbrella organization will prepare and certify a list of fields wherein Filipino consultants
can provide competent consulting services. As proof of the availability of Filipino expertise, it
will also prepare a list of its members that have expertise in a specific field. It will list its
standards for competence in the field and certify that the members that it had listed had
passed such standards.
These documents will be submitted to the GPPB and all other concerned government
agencies. They will be updated at least annually, or as often as necessary. The GPPB will
then post these documents in the PhilGEPS.
The umbrella organizations certification and list of consultant-members will guide the BAC in
determining the fields where Filipino consultants are already qualified and capable, and thus
would not require foreign consultants. (IRR-A Section 24.6.2)

What is an Eligibility Check?

It is a procedure to determine if a prospective bidder is eligible to participate in the bidding at
hand. In determining a prospective bidders eligibility, the BAC shall use non-discretionary
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pass/failcriteria, as stated in the IAEB and the ITB. Essentially, this means that the absence,
incompleteness or insufficiency of a document shall make a prospective bidder ineligible to bid
for the particular procurement.7 (IRR-A Section 23.2)

When is a prospective bidder eligible to bid?

A prospective bidder is eligible to bid for the procurement of consulting services if it complies
with the eligibility requirements prescribed for the competitive bidding, within the period
stated in the invitation to bid. The eligibility requirements shall provide for fair and equal
access to all prospective bidders.
As Procuring Entities and consultants are required to observe the highest standard of ethics
during the procurement and execution of contract, bidders should not be under a declaration
of ineligibility for corrupt, fraudulent, collusive and coercive practices by the government.

Are there other instances where a conflict of interest may arise in

consulting services?
GOP policies require that consultants provide professional, objective and impartial advice, and
at all times hold the clients interests paramount, without any consideration for future work,
and that in providing advice they avoid conflicts with other assignments and their own
corporate interests. Consultants should not be hired for any assignment that would be in
conflict with their prior or current obligations to other clients, or that may place them in a
position of being unable to carry out the assignment in the best interest of the Procuring
Entity. Without limitation on the generality of the foregoing, consultants should not be hired
under the circumstances set forth below:
1.

Conflict between consulting activities and procurement of goods, works or

services
A firm that has been engaged by the Procuring Entity to provide such goods, works or
services for a project, and each of its affiliates, will be disqualified from providing
consulting services related to those goods, works or services. Conversely, a firm
hired to provide consulting services for the preparation or implementation of a
project, and each of its affiliates, will be disqualified from subsequently providing
goods, works or services resulting from or directly related to the firms consulting
services for such preparation or implementation.

2.

Conflict among consulting assignments

Neither consultants (including their personnel and sub-consultants) nor any of their
affiliates will be hired for any assignment that, by its nature, may be in conflict with
another assignment of the consultants. As an example, consultants hired to prepare
engineering design for an infrastructure project should not be engaged to prepare an
independent environmental assessment for the same project, and consultants
assisting a client in the privatization of public assets should neither purchase, nor
advise purchasers of, such assets. Similarly, consultants hired to prepare TOR for an
assignment should not be hired for the assignment in question.

3.

Relationship with the Procuring Entitys staff

Consultants (including their personnel and sub-consultants) that have a business or
family relationship with a member of the Procuring Entitys staff who are directly or
indirectly involved in any part of:
a.

The preparation of the TOR of the contract;

b.

The selection process for such contract; or

Generally, FAPs do not utilize the eligibility check system of the GOP, unless so required by the pertinent IFI/bilateral
lending agency.

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Page 38 of 108

c.

Supervision of such contract;

may not be awarded a contract, unless the conflict stemming from this relationship
has been resolved in a manner acceptable to the Procuring Entity throughout the
selection process and the execution of the contract.

How should a Procuring Entity address any possibility of an unfair

competitive advantage in the procurement of consulting services?
Fairness and transparency in the selection process require that consultants or their affiliates
competing for a specific assignment do not derive a competitive advantage from having
provided consulting services related to the assignment in question. To that end, the Procuring
Entity should make available to all the short listed consultants together with the request for
proposals all information that would in that respect give a consultant a competitive
advantage.

What are the minimum eligibility requirements?

The eligibility of a prospective bidder that is a Filipino consultant is determined based on its
submission of the following documents: (IRR-A Section 24.7.1)
1.

Class A Documents
a.

b.

Legal Documents
i

DTI business name registration or SEC registration certificate,

whichever may be appropriate under existing Philippine laws, if
applicable;

ii

Valid and current Mayors permit / municipal license, if applicable;

iii

BIR Registration Certificate,

Identification Number;

iv

Statement of the prospective bidder that it is not blacklisted or

barred from bidding by the government or any of its agencies, offices,
corporations or LGUs, and that it is not included in the Consolidated
Blacklisting Report issued by the GPPB, once released in accordance
with the guidelines to be issued by the GPPB as provided in IRR-A
Section 69.4;

Tax Clearance Certificate issued by the BIR Main Office and Income or
Business Tax Returns filed through the EFPS (E.O. 398, s. 2005), if
applicable;

vi

Other appropriate licenses as may be required by the Procuring Entity

concerned.

which

contains

the

Taxpayers

Technical Documents
i

Declaration of the prospective bidder of all its ongoing and completed

government and private contracts within the period specified in the
IAEB, including contracts awarded but not yet started, if any. The
declaration must include, for each contract, the following:

Name and location of the contract/project;

Date of the contract;

Manual of Procedures for the Procurement of Consulting Services

Page 39 of 108

Type of consulting service;

Amount of contract;

Contract duration;

Copies of all certificates of satisfactory completion issued by

clients for completed contracts;

ii.

The types and number of equipment that the consultant owns, has
under lease, and / or has under purchase agreements, if any;

iii.

If it is a juridical entity, the prospective bidders statement:

Of the kinds and number of its ownership and key staff,

partners or principal officers, as the case may be, as well as
their respective curriculum vitae;

That, if it is a corporation and the consulting services involve

professions regulated by Philippine laws, all its owners and
key staff, and those who will actually perform the service, are
registered professionals authorized by the appropriate
regulatory body to practice those professions and allied
professions;

That, if it is a professional partnership and the consulting

services involve professions regulated by Philippine laws, all
its partners and key staff, and those who will actually perform
the service, are registered professionals authorized by the
appropriate regulatory body to practice those professions and
allied professions; and

On the prospective bidders technical competence, experience

and staff capabilities;

If the consultant is an individual, the consultants statement:

Of his citizenship; and

When the consulting services involve professions regulated by

the laws of the Philippines, he is a registered professional
authorized by the appropriate regulatory body to practice
those professions and allied professions.

Lets make things easier

c.
Financial
Document

To facilitate eligibility checking, the BAC may

maintain a file of Class A documents submitted by
consultants. When such file is required by the
Procuring Entity, a consultant who wishes to
participate in a public bidding for consultancy
services should maintain this file current and
updated at least once a year, or more frequently
when needed.
A consultant who maintains a
current and updated file of his Class A documents
will be issued a certification by the BAC to that
effect, which certification may be submitted to the
Procuring Entity in lieu of the Class A documents.
(IRR-A Section 24.7.1.1)

The
prospective
bidders
audited
financial statements,
stamped received
by the BIR or its duly
accredited
and
authorized
institutions, for the
immediately
preceding
calendar
year,
showing,
among others, the
consultants total and

Manual of Procedures for the Procurement of Consulting Services

Page 40 of 108

current assets and liabilities.

2.

Class B Documents
a.

Valid joint venture agreement (JVA), if the prospective bidder is a joint

venture, with the agreement containing a statement on who the joint
venture/association has constituted and appointed as the lawful attorney-infact to sign the contract, if awarded the project, and on who among the
members is the lead representative of the joint venture/association.
All members of the joint venture should submit all the Class A eligibility
documents. All members of the joint venture should comply with all the legal
eligibility requirements, but compliance by one of the joint venture members
with the technical and financial requirements will suffice.

b.

Letter authorizing the Head of the Procuring Entity or his duly authorized
representative/s to verify any or all of the documents submitted for the
eligibility check.

Foreign consultants, when allowed to be under the law, must submit the same eligibility
requirements as local consultants. However, the legal documents and audited financial
statements under the Class A documents may be substituted by the appropriate equivalent
documents issued by the country of the foreign consultant. (IRR-A Section 24.8) These
documents must be duly acknowledged or authenticated by the Philippine consulate located in
that country.
3.

Other Eligibility Documents

The consultant or its duly authorized representative shall certify under oath that each of the
documents submitted in satisfaction of the eligibility requirements is an authentic and original
copy, or a true and faithful reproduction or copy of the original, complete, and that all
statements and information provided therein are true and correct. (IRR-A Section 24.9)The
BAC may require that the bidders authorized representative should initial every page of the
documents it submits as originals. The purpose of this exercise is to ensure that the
documents reviewed by the BAC are authentic, and to protect the BAC from any insinuation of
tampering with the said documents.

How and when shall the Eligibility Requirements be submitted?

Prospective bidders must submit their eligibility requirements in a sealed envelope or any
such appropriate container to the BAC on or before the deadline specified in the IAEB.
Eligibility requirements submitted after the deadline should not be accepted by the BAC. The
envelope or container must be marked in the following manner: Eligibility Envelope of
______ (name of Bidder) Public Bidding for ______ (name of the contract to be bid). These
envelopes or containers will be opened before the dates of the pre-bid conference and bid
opening to determine eligibility of prospective bidders.
A prospective bidder which had submitted Class A documents in written form to the registry
of such documents maintained by the BAC of the Procuring Entity and had kept such
documents current and updated can submit:
1.

A certification from the BAC of the Procuring Entity that it has a complete set of
updated Class A documents on file with the BAC;

2.

Its Class B documents; and

3.

Its certification under oath that each of the documents submitted in satisfaction of the
eligibility requirements is an authentic and original copy or a true and faithful
reproduction or copy of the original, complete and that all statements and information
provided therein are true and correct.

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What happens if only one bidder submits an Eligibility Envelope?

Even if only one bidder submits its eligibility envelope, the bidding process continues. If it is
declared eligible, passes short listing, and its bid is found to be responsive to the bidding
requirements, its bid will be declared as a Single Rated and Responsive Bid (SRRB) and
considered for contract award. (IRR-A Section 36)

Who are involved in the Receipt and Opening of the Eligibility Envelopes?
The following parties participate in the eligibility check/screening:
1. The BAC;
2. The TWG;
3. The Secretariat;
4. The prospective bidders; and
5. The Observers.

How should Eligibility Envelopes be received?

Upon receiving an eligibility envelope, the BAC Secretariat must stamp an eligibility envelope
as RECEIVED, indicating thereon the date and time of receipt, and have the stamp
countersigned by an authorized representative. It then accomplishes in triplicate a prenumbered receipt indicating the name of the prospective bidder and the date and time when
the eligibility envelope was received. It then attaches one triplicate copy of the receipt on the
eligibility envelope, gives the other triplicate copy to the prospective bidder, and keeps the
original copy for records purposes.

How is an Eligibility Check conducted?

1.

The BAC shall open in public the Eligibility envelopes on the date specified in the IAEB.
(IRR-A Section 24.10) The BAC shall read in public the contents of the Eligibility
envelopes, and shall examine each prospective bidders eligibility requirements or
statements. It shall record the presence or absence of eligibility documents in a
checklist.
This procedure is referred to as
Eligibility Check, the purpose of which is
to determine if a prospective bidder is
eligible to participate in the bidding at
hand.
In determining a prospective
bidders eligibility, the BAC shall use
non-discretionary pass/fail criteria, as
stated in the IAEB and the ITB.
Essentially,
this
means
that
the
absence, incompleteness or insufficiency
of a document shall make a prospective
bidder ineligible to bid for the particular
procurement. (IRR-A Section 24.12)

2.

Lets make things easier

The BAC should have a secure
depository of all the original copies of
the Eligibility documents submitted
by bidders, for which only its
members and those of the BAC
Secretariat have access.
This will
prevent the loss of any of the
eligibility documents, thus sparing
the BAC the embarrassment and
trouble of rectifying such loss.

The BAC shall declare prospective

bidders
as
either
eligible
or
ineligible, based on the findings in
Item 1 above, and inform them
accordingly. The Eligibility envelopes shall likewise be marked as such, and these
markings shall be countersigned by the BAC chairperson or his duly designated
authority. (IRR-A Section 24.12) The BAC shall prepare a pro-forma Notice of
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Page 42 of 108

Eligibility and a Notice of Ineligibility which will be duly accomplished by the BAC
Secretariat and signed by the BAC members present during the Eligibility
Check/Screening. In case a prospective bidder is declared ineligible, the Notice of
Ineligibility shall state the reason for such ineligibility. The Notice will be received
officially by the bidders authorized representative.
3.

The BAC shall inquire from ineligible bidders whether or not they intend to file a
request for reconsideration; if they signify their intention to do so, the BAC shall
keep the eligibility envelopes containing the eligibility requirements and re-seal and
sign the same in the presence of all the participants. These shall be deposited in the
Bid Box or any other secured place or location. The BAC may return the eligibility
envelope if the prospective bidder is declared ineligible and expressly waives his
right to file a request for reconsideration. Such waiver shall be made in writing, to be
executed by the authorized representative of the ineligible bidder.

What can a potential bidder do if it is found ineligible?

A prospective bidder that was absent during the Eligibility Check and was found ineligible has
seven (7) calendar days from receipt of the Notice of Ineligibility, within which to file a written
request for reconsideration before the BAC. If the prospective bidder was present during
Eligibility Check and was duly notified (a verbal notification will suffice in this case) of its
ineligibility, it also has 7 calendar days upon such notice within which to file a written request
for reconsideration.
Seven (7) calendar days after it receives a letter requesting for
reconsideration, the BAC should resolve such request. In the meantime, it will hold on to the
Eligibility envelopes of the prospective bidder until the request for reconsideration is resolved.
In so doing, it can request the prospective bidder to clarify its eligibility documents, if
necessary. (IRR-A Section 24.13)
If its request for reconsideration is
denied, the ineligible bidder may
protest the decision in writing with
the Head of the Procuring Entity
within seven (7) calendar days from
receipt of the resolution. A protest
may be made by filing a verified
position paper with the Head of the
Procuring
Entity
concerned,
accompanied by the payment of a
non-refundable protest fee. The
non-refundable protest fee shall be
in an amount equivalent to no less
than one percent (1%) of the ABC.
(IRR-A section 55.1)

Hows that again?

What shall the position paper contain?
The verified position
following information:

paper

shall

contain

the

1.
2.
3.
4.

The name of bidder;

The office address of the bidder;
The name of project/contract;
The implementing office/agency or Procuring
Entity;
5. A brief statement of facts;
6. The issue to be resolved; and
7. Such other matters and information pertinent
and relevant to the proper resolution of the
protest.

The protests shall be resolved

strictly based on records of the
BAC. The Head of the Procuring
Entity shall resolve a protest within
The position paper is verified by an affidavit that
seven (7) calendar days from
the affiant has read and understood the contents
receipt thereof.
Subject to the
thereof and that the allegations therein are true
provisions of existing laws on the
and correct of his personal knowledge or based on
authority of Department Secretaries
authentic records. An unverified position paper
and
the
heads
of
agencies,
shall be considered unsigned, produces no legal
branches,
constitutional
effect, and results to the outright dismissal of the
commissions or instrumentalities of
protest. (IRR-A Section 55.2)
the
Government
to
approve
contracts, the decisions of the Head
of the Procuring Entity concerned
shall be final up to the limit of his contract approving authority. With respect to LGUs, the
decision of the local chief executive shall be final. (IRR-A Section 56)

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What happens if questions/doubts have been raised about the eligibility of

a prospective bidder after it had been declared as eligible?
Notwithstanding the eligibility of a prospective bidder, the Procuring Entity concerned reserves
the right to review its qualifications at any stage of the procurement process if it 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 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 preset eligibility criteria,
the Procuring Entity shall consider the said prospective bidder as ineligible and shall disqualify
it from submitting a bid or from obtaining an award or contract. (IRR-A Section 24.14) A
prospective bidder found guilty of false information faces imprisonment of not less than six
(6) years and one (1) day but not more than 15 years. (IRR-A Section 65.3)

What happens if only one prospective bidder is declared eligible?

Even if only one bidder passes the eligibility check, the bidding process continues. Again, if
the eligible bidder submits a bid that is found to be responsive to the bidding requirements,
its bid shall be declared as a SRRB and considered for contract award. (IRR-A Section 36)

What happens if no prospective bidder is declared eligible?

If no prospective bidder is found to be eligible, the BAC should declare the bidding a failure.
In such a case, the BAC shall issue a Resolution declaring a failure of bidding. The BAC then
reviews the terms and conditions stated in the IAEB. If warranted, it changes any of the
terms and conditions, including the quantities or specifications, provided that the ABC is left
unchanged. It must, thereafter, conduct a re-bidding, in the process formulating a new IAEB
and posting and publishing this as required. (IRR-A Section 35) All bidders that have
initially responded to the IAEB in the first bidding shall be allowed to submit new bids.
If the original estimate is found to be inadequate on reassessment to meet the objectives of
the project, it may be necessary to reduce the scope of the project.
Should a second failure of bidding occur and the Procuring Entity finds that there is a need to
evaluate the responsiveness of the ABC, and so decides to revise the ABC accordingly, the
Procuring Entity should conduct another public bidding with re-advertisement and/or posting.
Alternatively, the Procuring Entity may enter into a negotiated procurement with a legally,
technically, and financially capable consultant. (IRR-A Sections 35.3 and 53) However, if
the Procuring Entity resorts to negotiated procurement, the terms, conditions, and
specifications of the project as well as the ABC must be maintained.

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Step 3

Short list Eligible Consultants

Legal Reference
IRR-A Section 24.15 specifies the rules in relation to the eligibility requirements for the
procurement of consulting services.

What is short listing?

The process of short listing determines the most qualified consultants from those that
submitted eligibility documents to undertake the project.

Why is there is a need to short list?

If all eligible bidders are invited to submit proposals, the chance of a consultant being
awarded the contract diminishes greatly. Considering the substantial costs incurred in
preparing a proposal, this discourages a consultant from participating in the bid. The
probability of being awarded the contract, in this case, becomes less commensurate to the
time and money spent in formulating the proposal. A short list of, say, five (5) consultants
greatly increases the chances of a consultant and thus encourages it to put in more time and
effort in preparing a good proposal. In the end, government, in general, and the Procuring
Entity, in particular, receive better proposals to choose from.

Who shall be considered for short listing?

The Procuring Entity must consider for short listing only those consultants that:
1.

Have been declared eligible by the BAC; and

2.

Have had implemented completed contracts, as stated in their eligibility documents,

that are similar in nature and complexity to the project, as described in the IAEB.
(IRR-A Section 24.15.1)

Methodology: How are eligible consultants short listed?

In short listing the eligible consultants, the BAC, assisted by the TWG, shall:8
1.

2.

Rate each eligible consultant based on the following criteria, among others: (IRR-A
Section 24.15.3):
a.

Applicable experience of the consultant (meaning the consulting firm) and

associates in case of joint ventures (Recommended weight: 50%);

b.

Qualification of principal and key staff of the consultant who may be assigned
to the job vis--vis extent and complexity of the undertaking (Recommended
weight: 30%); and

c.

Current workload relative to capacity (Recommended weight: 20%).

Rank the eligible consultants based on the average of the rates given them by its
members;

As short listing methodologies may vary for specific FAPs, reference should be made to the appropriate standard
bidding documents for the project.

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3.

If the number of eligible consultants that got the minimum average rating for the
short list exceeds the predetermined number of the short list of consultants, those
obtaining the highest ranks shall be considered. If the number of eligible consultants
that got the minimum average rating required does not exceed the desired number of
the short list, the BAC shall consider all such consultants as being short listed. (IRR-A
Section 24.15.2)

4.

Recommend the short list of consultants to the Head of the Procuring Entity for
consideration and approval; (IRR-A Section 24.15.4) and

5.

If the Head of the Procuring Entity approves the recommendation, inform the short
listed consultants about the results of the short listing process. If the Head of the
Procuring Entity disapproves the recommendation, he must inform the BAC of the
reasons for the disapproval and instruct the BAC on the measures that ought to be
adopted.

How long shall the entire process of eligibility check and short listing take?
The entire process of eligibility check and short listing must not exceed twenty (20) calendar
days after opening the eligibility envelopes. (IRR-A Section 24.15.4)

Are disassociations
allowed?

and

associations

among

short

listed

consultants

No. A short listed association cannot disassociate from each other; otherwise, its members
should be rejected. Neither can a short listed firm be allowed to associate with any other
firm.

What happens if no eligible bidder passes short listing?

If no prospective bidder is short listed, the BAC should again declare a failure of bidding. In
such a case, the BAC shall issue a Resolution declaring a failure of bidding. The BAC then
reviews the terms and conditions stated in the IAEB. If warranted, it changes any of the
terms and conditions, including the quantities or specifications, provided that the ABC is left
unchanged. It must, thereafter, conduct a re-bidding, in the process formulating a new IAEB
and posting and publishing this as required. (IRR-A Section 35) All bidders that have
initially responded to the IAEB in the first bidding shall be allowed to submit new bids.
If the original estimate is found to be inadequate on reassessment to meet the objectives of
the project, it may be necessary to reduce the scope of the project.
Should a second failure of bidding occur and the Procuring Entity finds that there is a need to
evaluate the responsiveness of the ABC, and so decides to revise the ABC accordingly, the
Procuring Entity should conduct another public bidding with re-advertisement and/or posting.
Alternatively, the Procuring Entity may enter into a negotiated procurement with a legally,
technically, and financially capable consultant. (IRR-A Sections 35.3 and 53) However, if
the Procuring Entity resorts to negotiated procurement, the terms, conditions, and
specifications of the project as well as the ABC must be maintained.

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Step 4

Issue the Bidding Documents

Legal Reference
IRR-A Section 17 provides the rules for the issuance of bidding documents.

To whom and when should the bidding documents be issued?

The BAC Secretariat should make the bidding documents available to the short listed
consultants once the Head of the Procuring Entity approves the short list of consultants. It
would then ask the short listed consultants to pay for the bidding documents to recover the
cost of development, reproduction and communication, as well as indirect costs such as
overhead, supervision and administrative costs. It must then issue the bidding documents
upon payment of these costs. (IRR-A Section 17.5)
Under no circumstances should the bidding documents, as a whole, or individually, be
divulged or released to any prospective bidder prior to their official release to the short listed
consultants. Neither should these be divulged to any person with or without direct or indirect
interest in the project being bid out, except those officially authorized to handle them. (IRRA Section 19) However, after its official release, it shall be made available to the public,
unless the procurement at hand affects national security.

How much must short listed consultants pay for the bidding documents?
The BAC must consider the cost recovery component in determining the price which short
listed consultants would have to pay for the bidding documents ensure that the same would
not have an effect of discouraging competition.
The cost recovery component may include the following:
1.

2.

Direct costs, which includes:

a.

Development costs, which are incurred in developing the original content of

the documents, designs, plans and specifications. However, the design cost
may be excluded if it is to be included in the capitalized cost of the project, or
the project cost, which is to be recovered from the use of the completed
project facility;

b.

Reproduction costs, which are labor, supplies and equipment rental costs
incurred in the reproduction of the documents; and

c.

Communication costs, which include mail and fax costs, plus costs of
advertising, meetings, internet/web posting, and other costs incurred for the
dissemination of information about the bidding.

Indirect costs, such as overhead, supervision, and administrative costs, allocated to

the bidding activity. This may include the costs of paying honoraria to the officers
and personnel of the Procuring Entity who are entitled thereto under the law. Under
Budget Circular No. 2004-5A, dated October 7, 2005, the chairs and members of the
BAC and the TWG may be paid honoraria for successfully completed procurement
projects, subject to the rates provided therein; and, for this reason, agencies are
allowed to retain one hundred percent (100%) of their collections from the sale of
bidding documents, among others, to be used exclusively for the payment of such
honoraria or overtime pay, provided that the same shall not exceed twenty-five
percent (25%) of the basic monthly salary of the officer or personnel entitled thereto.

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(Note that Budget Circular No. 2004-5A was issued in accordance with Section 15 of
R.A. 9184.)
In practice, cost recovery entails getting the sum of Direct and Indirect Costs and dividing the
total by the expected number of prospective bidders who will purchase the bidding
documents. This number is an estimate derived from the initial survey of the industry
conducted by the procurement office/unit. The BAC is discouraged from using the cost of
bidding documents to limit the number of bidders. If the procurement involves a fairly large
project of a particular complexity, and project implementation requires a higher level of size
or capacity on the part of the consultant, it would be more advisable for the BAC to allow the
project requirements to naturally limit competition among eligible and short listed
consultants, by summarizing the qualification requirements in the IAEB and detailing these in
the bidding documents, rather than for the BAC to unilaterally increase the price of the
bidding documents and hope that this price discourages competition. As such, if the BAC
wants to encourage the participation of as many bidders as possible to create competition, it
should consider charging a lower price for the bidding documents, keeping in mind that this
price should be sufficient to recover the above-enumerated costs.

How are the bidding documents issued?

The BAC Secretariat issues the bidding documents to the short listed consultants that may
wish to secure the said documents, or, if it is for sale, to those short listed consultants that
may wish to purchase the same. If the bidding documents are sold, only those short listed
consultants that have paid the amount required shall be issued bidding documents, and these
short listed consultants should be informed that the Procuring Entity will only accept bids from
those that have purchased the bidding documents from the office indicated in the IAEB. Prior
to the issuance of the bidding document, short listed consultants may be required to show the
official receipt as proof of payment.
The BAC must issue copies of the bidding documents to observers free of charge.

What are the responsibilities of a short listed consultant with regard to the
bidding documents?
A short listed consultant must be responsible for having: (IRR-A Section 17.7.1)
1.

Taken steps to carefully examine all of the bidding documents;

2.

Acknowledged all conditions, local or otherwise, affecting the implementation of the

contract;

3.

Made an estimate of the facilities available and needed for the contract to be bid, if
any; and

4.

Complied with his responsibility as provided for under IRR-A Section 22.5.1, which
provides that it shall be the responsibility of all those who have properly secured the
bidding documents to inquire and secure supplemental/bid bulletins that may be
issued by the BAC.

Failure to observe any of the above responsibilities shall be at the risk of the short listed
consultant concerned. For this purpose, one of the contents of the technical proposal would
have to be a sworn statement executed by the said consultant attesting to these
responsibilities.
The Procuring Entity shall not be responsible for any erroneous interpretation or conclusions
by the bidders of the data it furnished. (IRR-A Section 17.7.3)
Moreover, the short listed consultants are deemed to have become familiar with all existing
Philippine laws, decrees, ordinances, acts and regulations that may affect the contract in any
way. However, if the contract is affected by new laws, ordinances, regulations or other acts

Manual of Procedures for the Procurement of Consulting Services

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of government promulgated after the date of the bidding, a contract price adjustment shall be
made or appropriate relief shall be applied on a no loss-no gain basis. (IRRA Section
17.7.4)

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Step 5

Call A Pre-Bid Conference and, if necessary, Issue

Supplemental/Bid Bulletins

Legal Reference
IRR-A Section 22 specifies the rules in relation to the conduct of a pre-bid conference.

What is a Pre-bid Conference?

The pre-bid conference is the initial forum where the Procuring Entitys representatives and
the prospective bidders discuss the different aspects of the procurement at hand.
The ground rules that will govern the procurement are discussed during the conference. In
particular, the participants discuss the legal, technical and financial components of the
contract to be bid. This is also an opportunity for the short listed consultants to request for
clarifications about the bidding documents. However, it should be noted that any statement
made at the pre-bid conference would not modify the terms of the bidding documents, unless
such statement is specifically identified in writing as an amendment of the documents and
issued as a supplemental/bid bulletin. (IRR-A Sec. 22.4)
It is important that responsible and knowledgeable officials attend the conference.
The
persons who actually formulated the Terms of Reference for the project should be present
among those representing the Procuring Entity. Short listed consultants, on the other hand,
should be encouraged to send representatives who are legally and technically knowledgeable
about the requirements of the procurement at hand. It is also important that the short listed
consultants be given ample time to review the bidding documents prior to the pre-bid
conference.

When do you hold a Pre-bid Conference?

A pre-bid conference must be held for contracts with ABCs of at least One Million Pesos (P 1
Million). For contracts with ABCs of less than P 1 million, pre-bid conferences may or may not
be held at the discretion of the BAC. The BAC may also decide to hold a pre-bid conference
upon the written request of a prospective bidder. (IRR-A Section 22.1)
The pre-bid conference must be held at least twelve (12) calendar days before the
deadline for the submission and receipt of bids. (IRR-A Section 22.2) In addition to
this, it is suggested that it not be held earlier than seven (7) calendar days after the second
newspaper advertisement or the last day of posting the IAEB. If the pre-bid conference is
held less than 12 calendar days before the deadline for the submission and receipt of bids,
that deadline should be moved to a later date. A supplemental/bid bulletin shall be issued for
this reason. Note that these periods are all within the maximum period of ninety (90)
calendar days from the last day of the period of advertising and/or posting of the IAEB up to
the opening of bids, as provided under IRR-A Section 21.2.2 (iii).

Who must attend the Pre-bid Conference?

The following shall attend the pre-bid conference:
1.

The BAC;

2.

The BAC Secretariat;

3.

The TWG members;

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4.

The observers;

5.

The end-user/PMO;

6.

Technical experts on the consulting services to be procured; and

7.

The short listed consultants.

Short listed consultants may or may not attend the pre-bid conference. (IRR-A Section
22.2)

How should the participants conduct themselves during the Pre-Bid

Conference and other stages of the procurement process?
The BAC, BAC Secretariat, TWG, and other officials involved in procurement are expected to
act in an impartial, courteous and professional manner in all their dealings and interactions
with the bidders during all stages of the procurement. The bidders representatives are
likewise enjoined to adopt the same professional manner in their dealings with the Procuring
Entitys officials. Communications between the parties must, as much as possible, be made in
writing, except during the pre-bid conference when verbal clarifications may be allowed
keeping in mind, however, that any statement made at the pre-bid conference would not
modify the terms of the bidding documents, unless such statement is specifically identified in
writing as an amendment of the documents and issued as a supplemental/bid bulletin.

How is the Pre-bid Conference conducted?

How the pre-bid conference is conducted depends on the discretion of the BAC chairperson or
his/her duly authorized representative who shall chair the proceedings. However, several
events need to take place in the conference, namely:
1.

The presentation by the BAC of the eligibility requirements as well as the technical
and financial components of the contract to be bid, the evaluation procedure,
evaluation criteria, and possible causes of failure of the bidding.

2.

The recording by the BAC Secretariat of minutes of the pre-bid conference, and its
availability to all participants not later than three (3) calendar days after the pre-bid
conference. (IRR-A Section 22.3)

What happens if there is a need for clarification or interpretation on the

Bidding Documents after the pre-bid conference had been held?
Requests for clarification(s) on any part of the bidding documents or for an interpretation may
be made by eligible bidders provided that these are in writing and are submitted to the BAC at
least ten (10) calendar days before the deadline for the submission and receipt of bids. In
this case, the BAC shall issue its response by issuing a supplemental/bid bulletin, to be made
available to all those who have properly secured the bidding documents at least seven (7)
calendar days before the deadline for the submission and receipt of bids. (IRR-A Section
22.5.1)
The Procuring Entity may, at its own initiative, also issue supplemental/bid bulletins for
purposes of clarifying or modifying any provision of the bidding documents not later than
seven (7) calendar days before the deadline for the submission and receipt of bids. Any
modification to the bidding documents must be identified as an AMENDMENT. (IRR-A
Section 22.5.2)
The BAC should also post the supplemental/bid bulletin on the website of the Procuring Entity
concerned, if available, the website of its electronic procurement system provider, if any, and
on the PhilGEPS, within the same timetable. Nonetheless, it will be the eligible bidders
responsibility to ask for, and secure, these bulletins.
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A supplemental/bid bulletin must contain a brief but comprehensive and accurate summary of
the issue or issues that it wishes to address. If it was an eligible bidder that raised the issue
addressed by the bulletin, then it ought to contain a summary of that bidders request for
clarification and/or interpretation, without identifying the eligible bidder.
Bidders who have submitted bids before a supplemental/bid bulletin is issued have to be
informed in writing and allowed to modify or withdraw their respective bids. (IRR-A Section
22.5.2)

Who are involved in the Issuance of the Supplemental / Bid Bulletin?

The following are involved in the issuance of the supplemental/bid bulletin:
1.

The BAC;

2.

The BAC Secretariat;

3.

The TWG members; and

4.

The short listed consultants.

Methodology: How is a Supplemental/Bid Bulletin issued?

If the supplemental/bid bulletin is being issued upon the initiative of the BAC, the following
steps are followed:
1.

The BAC Secretariat and/or the TWG drafts the supplemental/bid bulletin for approval
by the BAC.

2.

The BAC approves the supplemental/bid bulletin and the BAC Chairman signs it.

3.

The BAC Secretariat sends copies of the supplemental/bid bulletin to all short listed
consultants who have properly secured or purchased the bidding documents, within
the period prescribed above.

4.

The BAC Secretariat posts the supplemental/bid bulletin in the PhilGEPS, the website
of the Procuring Entity and that of the latters electronic procurement system
provider, if any, within the same period prescribed in number (3) above.

If the supplemental/bid bulletin is being issued in response to a request for clarification

submitted by a short listed consultant, on the other hand, the process goes as follows:
1.

The short listed consultant submits to the BAC, through the BAC Secretariat, a written
request for clarification, within the period prescribed above.

2.

The BAC directs the BAC Secretariat and/or the TWG to study the request for
clarification.

3.

The TWG, BAC and BAC Secretariat perform the steps undertaken in the issuance of
the supplemental/bid bulletin issued at the initiative of the BAC.

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Step 6

Receive and
Envelopes

Open

the

Technical

and

Financial

Legal Reference
IRR-A Sections 25 to 31 specify the rules in relation to the submission and receipt of bids.

What is a Bid?
A Bid refers to a signed offer or proposal to undertake a contract submitted by a short listed
consultant in response to, and in consonance with, the requirements stated in the bidding
documents. Bid is also equivalent to and may be used interchangeably with Proposal and
Tender. A Bid has two components, the Technical Proposal or the Technical Bid, and
the Financial Proposal or the Financial Bid. The Technical and Financial Bids must each
be contained in separate sealed bid envelopes.

What are the contents of the Technical Proposal?

The Technical Proposal
information/documents:

should

contain,

at

the

minimum,

the

following

technical

1.

The bid security in its required form, amount and validity period;

2.

Authority of the signatory to sign on behalf of the bidder, all documents pertaining to
the bid and the contract, which must be contained in a Board Resolution if the bidder
is a corporation or a cooperative, a Joint Venture Resolution if the same is a Joint
Venture, a Partnership Resolution if the bidder is a Partnership, or a Special Power of
Attorney (SPA) issued by the General Manager or Proprietor if the bidder is a sole
proprietor;

3.

Organizational chart for the contract to be bid;

4.

List of completed and on-going projects;

5.

Approach, work plan, and schedule, provided that for architectural design, submission
of architectural plans and designs shall not be required during the consultants
selection process;

6.

List of key personnel to be assigned to the contract to be bid with their curriculum
vitae indicating their relevant qualification, experience data and signed written
commitment to work for the project once awarded the contract;

7.

Certificate from the bidder under oath of its compliance with existing labor laws and
standards;

8.

A sworn affidavit of compliance with the Disclosure Provision under Section 47 of R.A.
9184 and its IRR-A in relation to other provisions of R.A. 3019;;

9.

A sworn statement by the bidder attesting to have complied with the responsibilities
enumerated under IRR-A Section 17.7.1, particularly that the bidder has taken steps
to carefully examine all of the bidding documents, has acknowledged all conditions,
local or otherwise, affecting the implementation of the contract, has made an estimate
of the facilities available and needed for the contract to be bid, and has complied with
its responsibility of inquiring and securing all supplemental/bid bulletins issued by the
BAC; and

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10.

Other information and/or documents specified in the bidding documents.

What are the contents of the Financial Proposal?

The Financial Proposal shall contain the following financial information/documents, at the
least:
1.

Remuneration cost indicating the basic salary, overhead cost, social charges,
management fee and billing rate;

2.

Reimbursable cost; and

3.

Other items as may be required in the bidding documents.

The financial proposal should clearly estimate the value added tax, income tax, local taxes,
duties, fees, levies and other charges, as applicable.

How should the envelopes be submitted and received?

Both envelopes must be labeled with the name of the contract to be bid and the name of the
bidder in capital letters, addressed to the BAC of the agency concerned. The bidder shall
mark the two (2) envelopes: Do not open before (date and time of opening of bids). Both
envelopes shall then be put in an outer envelope, which shall be sealed and addressed to the
BAC Chairperson. The Financial Proposal shall also be marked with a warning: Do not open
with the Technical Proposal. This outer envelope must be marked as specified in the ITB.
(IRR-A Section 25.1)
The bid must be submitted to the BAC through the bidders authorized managing officer or its
duly authorized representative. (IRR-A Section 25.1)
As with eligibility envelopes, the BAC Secretariat, upon receipt of a bid envelope, must stamp
it as RECEIVED and have the stamp countersigned by an authorized representative. It then
must accomplish in triplicate a pre-numbered receipt indicating the name of the prospective
bidder and the date and time when the bid envelope was received. It then attaches one
triplicate copy of the receipt on the bid envelope, gives the other triplicate copy to the
prospective bidder, and keeps the original copy for records purposes.

When should the bids be submitted?

Bids should be submitted on or before the specified time and date of the deadline for
submission of bids, as stated in the bidding documents, and within ninety (90)
calendar days after the last day of the period for advertising and/or posting the
IAEB. (IRR-A Section 21.2.2 [i]) Bids submitted after the specified deadline shall not be
received or accepted by the BAC. (IRR-A Section 25.2)

What happens if only one short listed consultant submits a bid envelope?
Even if only one short listed consultant submits a bid envelope, the bidding process continues.
If its bid is found to be responsive to the bidding requirements, its bid will be declared as a
SRRB and considered for contract award. (IRR-A Section 36 [c])

What happens if no short listed bidder submits a bid?

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If no short listed bidder submits a bid, the BAC should declare the bidding a failure. In such a
case, the BAC shall issue a Resolution declaring a failure of bidding. The BAC then reviews the
terms and conditions stated in the IAEB. If warranted, it changes any of the terms and
conditions,
including
the
quantities
or
specifications, provided that the ABC is left
unchanged. It must, thereafter, conduct a reTIPS: Lets make things
bidding, in the process formulating a new IAEB
easier
and posting and publishing this as required.
(IRR-A Section 35)
All bidders that have
The BAC shall require one (1) original
initially responded to the IAEB in the first bidding
and at least two (2) duplicate copies
shall be allowed to submit new bids.
of the Technical Documents and
Financial Documents. The original
If the original estimate is found to be
copy will be the one initialed by the
inadequate on reassessment to meet the
BAC members or their authorized
objectives of the project, it may be necessary to
representatives and will be kept by
reduce the scope of the project.
the BAC Secretariat for check and
balance purposes while the duplicate
Should a second failure of bidding occur and the
copies will be the ones used during
Procuring Entity finds that there is a need to
Bid Evaluation.
evaluate the responsiveness of the ABC, and so
decides to revise the ABC accordingly, the
Procuring Entity should conduct another public
bidding with re-advertisement and/or posting. Alternatively, the Procuring Entity may enter
into a negotiated procurement with a legally, technically, and financially capable consultant.
(IRR-A Sections 35.3 and 53)
However, if the Procuring Entity resorts to negotiated
procurement, the terms, conditions, and specifications of the project as well as the ABC must
be maintained.

Who are involved in the receipt, opening and preliminary examination of

the Bids?
The following should be involved in the receipt, opening and preliminary examination of bids:
1.

The BAC;

2.

The BAC Secretariat;

3.

The Observers; and

4.

The Short listed Consultants.

How are bids received, opened, and preliminarily examined?

The following steps are undertaken in the receipt,
opening and preliminary examination of bids:
1.

Short listed consultants submits their bids

through
their
respective
authorized
managing officers or representatives (IRR-A
Section 25.1) in two (2) separate sealed
bid envelopes, the first containing the
technical component of the bid, and the
second containing the financial component of
the bid. The two envelopes shall be placed in
an outer envelope or any container, which
shall be sealed and addressed to the BAC
and marked as specified in the ITB. (IRR-A
Section 25.1)

Manual of Procedures for the Procurement of Consulting Services

TIPS: Lets make things

easier
At the minimum, the BAC shall
require one (1) original and at least
two (2) duplicate copies of the
technical documents and financial
documents. The original copy will be
the one initialed by the BAC
members
or
their
authorized
representatives and will be kept by
the BAC Secretariat for check and
balance purposes while the duplicate
copies will be the one evaluated by
the BAC.

Page 55 of 108

2.

The BAC convenes on the Bid Opening Date. The presence of the majority of the BAC
members shall constitute a quorum, provided that the chairperson or the vicechairperson is present.

3.

The BAC
specified
technical
envelope

receives the technical and financial envelopes at the time, date and place
in the bidding documents. Upon receipt of the envelope containing the
and financial envelopes, the BAC shall stamp on the face of the outer
the date and the time of receipt thereof.
4.

The BAC then proceeds

with
the
opening
and
preliminary examination of
When is a document deemed complete
bids in public, following the
and sufficient?
same procedure as the
eligibility check. For each
For a document, to be deemed complete and
bid, the BAC opens the
sufficient, it must be complete on its face, that is,
Technical
Envelopes
of
contain all the information required, and must
short listed consultants to
comply with the requirements set out in the Bidding
determine
each
ones
Documents. For example, a Mayors Permit should
compliance
with
the
be current, and submission of an expired Mayors
required documents for the
Permit is deemed a non-submission. Another
technical component of the
example of an insufficient submission is a Bid
bid. The BAC checks the
Security in an amount below the requirement.
submitted documents of
each bidder against a
checklist
of
required
documents to ascertain if they are all present in the technical envelope, using nondiscretionary pass/fail criteria. (IRR-A Sections 30.1) The opening of bids must be
done in public, following the same procedure as the eligibility check.

Hows that again?

Normally, the opening of the technical envelope starts about thirty (30) minutes after
the deadline for the deadline for the submission and receipt of bids.
The order of opening is as follows:

5.

a.

The letters of short listed consultants that decide not to participate;

b.

The letters of short listed consultants that decide to withdraw the bids that
they have submitted earlier than the deadline;

c,

The letter of short listed consultants that decide to modify their bids that they
have submitted earlier than the deadline, followed by the opening of their
technical envelopes; and

d.

The technical envelopes of short listed consultants that have submitted bids
on the deadline itself.

In case one or more of the required documents is missing, incomplete, or patently

insufficient, it must rate the bid concerned as failed. Otherwise, it shall rate the
said first bid envelope as passed.
A document that is not signed and/or not notarized shall be considered a patently
insufficient submission. If the requirement is for the audited financial statements
(AFSs) or the income tax returns (ITRs) for three (3) immediately preceding years,
and the bidder submits its AFS or ITR for the past two (2) years only, such shall be
considered an incomplete submission.

6.

All members of the BAC, or their duly authorized representatives who are present
during bid opening, shall initial every page of the original copies of all bids received
and opened. (IRR-A Section 29)

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7.

The financial envelopes of all short listed consultants must remain sealed and secured.

8.

All technical envelopes must be resealed. Those rated passed will be secured in
preparation for the detailed technical evaluation (which normally starts the following
day). Those rated failed will be secured for purposes of potential filing of motion for
reconsideration.

9.

The BAC Secretariat shall record the proceedings using an electronic tape recorder, or
a video recorder. The minutes of the bid opening should be prepared within three (3)
calendar days after the bid opening date, so that copies thereof could immediately be
sent to the BAC members, Observers, Bidders and other interested parties. Copies of
the minutes shall also be made available to the public upon written request and
payment of a specified fee to recover cost of materials.

Are short listed consultants allowed to modify or withdraw their bids?

A short listed consultant may modify its bid, provided that this is done before the deadline for
the submission and receipt of bids. If such a consultant modifies its bid, it shall not be
allowed to retrieve its original bid, but shall only be allowed to send another bid equally
sealed, properly identified, linked or related to its original bid and marked as a
MODIFICATION of the original, and stamped RECEIVED by the BAC. Bid modifications
received after the applicable deadline will not be considered and must be returned to the
consultant unopened. (IRR-A Section 26.1) Any discount should form part of the bid
submission in the financial envelope.
A short listed consultant may, through a letter, withdraw its bid before the deadline for the
receipt of bids.
Withdrawal of bids after the applicable deadline must be subject to
appropriate sanctions as prescribed in the IRR-A. A short listed consultant may also express
its intention not to participate in the bidding through a letter which should reach and be
stamped RECEIVED by the BAC before the deadline for the receipt of bids. A consultant that
withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the
same contract. (IRR-A Section 26.2) Moreover, a consultant that withdraws its bid without
any justifiable cause therefor shall be subject to the administrative sanctions provided in
Section 69.1 of the IRR-A.
A short listed consultant that withdraws its bid prior to the deadline for submission of bids, for
a justifiable cause, does not forfeit its bid security.

What happens to the bid security of a short listed consultant that

withdraws its bid after the deadline for the submission of bids?
The bid security of the consultant shall be forfeited.

What happens if a short listed consultant has failed to comply with the
Technical requirements of the Bid?
The short listed consultant that has failed to comply with any of the technical requirements of
the Bid will be disqualified by the BAC. Similar to ineligible bidders, it may file a written
request for reconsideration but only within three (3) calendar days from the receipt of the
communication regarding its bids deficiency. (IRR-A Section 30.3)
In case a bidder is determined to have failed in the first envelope, which contains the
Technical Proposal, and it signifies its intention to file for a request for reconsideration, the
BAC must hold this bidders second envelope unopened until the request for reconsideration
has been resolved. (IRR-A Section 30.3)

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What happens if no
examination of bids?

short listed

consultant passes the preliminary

If no short listed consultant passes the preliminary examination of bids, there is a failure of
bidding and the BAC should declare such a failure. As with other failures of bidding, the BAC
must then review the terms and conditions stated in the IAEB, changing any of such terms
and conditions if needed. It may wish to change the cost estimates; however, it must do so
without changing the ABC. It then must conduct a re-bidding, in the process formulating a
new IAEB and advertising and posting this as required. (IRR-A Section 35)
If a second failure of bidding occurs, the Procuring Entity finds that there is a need to evaluate
the responsiveness of the ABC, and decides to revise the ABC accordingly, the Procuring
Entity should conduct another public bidding wit re-advertisement and/or posting. However, if
the Procuring Entity resorts to negotiated procurement, the terms, conditions and
specifications of the project as well as the ABC must be maintained

Manual of Procedures for the Procurement of Consulting Services

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Step 7

Evaluate the Bids

Legal Reference
IRR-A Section 33 specifies the rules in relation to bid evaluation.
After the preliminary examination of the Technical Proposals, the BAC will conduct the
detailed evaluation of the Technical Proposals. Normally, the BAC members are given each a
copy of all the technical envelopes of each bidder whose technical envelope has been rated
passed. This is why the bidders are asked to submit several copies of the envelopes, so
that each member of the BAC may be given his own copy. The BAC agrees on when to meet
again to discuss the ratings that they will give each technical envelope.

Why do you need to evaluate the bids?

The purpose of bid evaluation is to determine the HRB. This bid shall be subject to postqualification to validate its eligibility and its bid requirements. Once post-qualified, it is
designated as the HRRB and then awarded the contract. (IRR-A Section 33.1) The HRB
shall be determined in two (2) ways: (IRR-A Section 33.2)
1.

The detailed evaluation of the bids of the short listed consultants using numerical
ratings based on either the Quality-Based Evaluation procedure or the Quality-Cost
Based Evaluation procedure; and

2.

The ranking of the bidders based on the numerical ratings from the highest to the
lowest.

How are bids evaluated?

There are two methods of evaluating bids: the QBE and QCBE procedures. QBE considers
only the Technical Proposals in the ranking of consultants. QCBE, on the other hand,
considers both the Technical and Financial Proposals in the ranking of consultants. The
former must be applied for:
1.

Complex or highly specialized assignments for which it is difficult to precisely define

the TOR and the required inputs from the consultants; and

2.

Where the assignment can be carried out in substantially different ways, such that the
proposals are not comparable.

In other cases, the QCBE procedure shall apply.

Whatever evaluation method is applied, bids are rated numerically. This can be done in either
of two ways: individual or collegial rating.
1.

Individual Evaluation Process

In the individual rating process, each BAC member participating in the evaluation
assigns numerical rates to a proposal, these rates range from 1 to 100, with 100 as
the highest value. These rates are tabulated, and then the highest and lowest rates
are disregarded. The latter step is done to remove the possibility of one BAC member
unduly influencing the results of the evaluation. The average of all remaining rates is
then calculated. (IRR-A Section 33.3)

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The table below illustrates how the highest and lowest rates are disregarded in calculating the
average rate of proposals.
Evaluators
A
B
C
D
E
Average
Rank

Firm A
95
84
84
83
84
84
3

Firm B
75
88
86
85
87
86
1

Firm C
84
86
85
84
86
85
2

Firm D
83
81
79
79
80
80
5

Firm E
84
82
84
82
83
83
4

If the highest and lowest rates were not eliminated, the example below will show that the
scores of Evaluator A, which appears to be biased for Firm 1, would have unduly placed Firm
1 at an advantage.
Evaluators
A
B
C
D
E
Average
Rank
2.

Firm A
95
84
84
83
84
86
1

Firm B
75
88
86
85
87
84.2
3

Firm C
84
86
85
84
86
85
2

Firm D
83
81
79
79
80
80.4
5

Firm E
84
82
84
82
83
83
4

Collegial Evaluation Process

Under the Collegial Evaluation process, the BAC members evaluate the proposals,
deciding as a group. The rate obtained by a proposal is the consensus of the BAC
members involved in the evaluation.

How is QBE done?

The following steps are followed under the QBE procedure:9
1.

The BAC evaluates the Technical Proposal based upon the criteria set forth.

2.

The BAC ranks the consultants in descending order based upon the numerical ratings
of their Technical Proposals and identifies the HRB, which should have passed the
minimum technical rating. (IRR-A Section 33.4.1)

3.

The BAC submits the results of the evaluation, including the rankings and the
consultant with the HRB, to the Head of the Procuring Entity, who must approve or
disapprove the recommendations of the BAC within two (2) calendar days after receipt
of such results.

4.

If the Head of the Procuring Entity disapproves the BAC recommendations, he shall
inform the BAC of its disapproval and the reasons for it, and shall instruct the BAC on
the subsequent steps to be adopted.

5.

If the Head of the Procuring Entity approves the recommendations of the BAC, the
BAC furnishes all participating short listed consultants with the results of its evaluation
(ranking and total scores only). The results must also be posted in the PhilGEPS and
the website of the agency for a period of not less than two (2) weeks, to make these
results available to the GPPB and the umbrella organization of consultants. (IRR-A
Section 33.3.6)

6.

Within seven (7) days of the approval of its recommendations, the BAC invites the
consultant with the HRB for the opening of its financial proposals and for contract

The steps may vary for FAPs, and so reference should be made to the appropriate standard bidding documents for the
project.

Manual of Procedures for the Procurement of Consulting Services

Page 60 of 108

negotiations. In its letter of notification, the BAC shall inform the consultant of the
issues in the Technical Proposal the BAC may wish to be clarified on during
negotiations. (IRR-A Section 33.4.2)

How is QCBE done?

The following steps are followed under the QCBE procedure:10
1.

The BAC evaluates the Technical Proposals of all short listed consultants that
submitted bids.

2.

The BAC ranks all the Technical Proposals, noting those that have earned ratings
above the minimum requirement and those that have not.

3.

The BAC sends a formal letter to all consultants whose Technical Proposals earned
ratings below the minimum required rating, informing them of their failure to qualify
and returning to them their Financial Proposal unopened.

4.

The BAC sends a formal letter to all consultants whose Technical Proposals earned at
least the minimum required rating, informing them thereof and of the date, time, and
venue of the opening of the Financial Proposals. The methodology to be used in the
evaluation of the financial proposal shall be described in the ITB.

5.

On the day, time and venue set, the BAC opens the Financial Proposals of the
qualified consultants in public, and records the proposed prices of each qualified
consultant. If the proposed price exceeds the ABC, the bidder will be disqualified.

6.

The BAC reviews each Financial Proposal, checks for its completeness, corrects any
arithmetical errors, and corrects the recorded proposed prices, if warranted.

7.

The BAC disqualifies a consultant if:

8.

a.

It provides for a required item but does not indicate a price for it and is thus
deemed as non-compliant, except that if it specifies a 0 (zero) or a -
(dash) for the said item, it would be deemed as having offered the item for
free to the government, and

b.

Its corrected price exceeds the ABC.

The BAC computes the ratings of each Financial Proposal in the following manner:
a.

The consultant with the lowest price gets 100 points.

b.

The scores of the other consultants will be computed using the formula:
Sf = 100 x Fl/F
In which Sf is the financial score, Fl is the lowest Financial Proposal and F is
the Financial Proposal under consideration.
Example:
Firm
A
B
C
D
E

Cost of Financial Proposal

P 1,100,000
P 1,000,000
P 1,500,000
P 1,300,000
P 1,200,000

Financial Score
P 1,000,000 / P
P 1,000,000 / P
P 1,000,000 / P
P 1,000,000 / P
P 1,000,000 / P

10

1,100,000
1,000,000
1,500,000
1,300,000
1,200,000

=
=
=
=
=

90.9 points
100 points
66.7 points
76.9 points
83.0 points

The steps may vary for FAPs, and so reference should be made to the appropriate standard bidding documents for the
project.

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9.

The BAC gives corresponding weights to the Financial and Technical Proposals of the
qualified consultants, the weights having been determined in the pre-bid conference
and indicated in the IAEB and the bidding documents. The financial proposal may be
given a weight of fifteen percent (15%) up to a maximum of forty percent (40%).

10.

The BAC adjusts the weight of the technical criteria such that their total weight in
percentage terms, together with the weight given to the Financial Proposal, shall be
equivalent to one hundred percent (100%).

11.

The BAC multiplies the average score of each qualified consultants Technical Proposal
with the percentage value allowed as weight for Technical Proposals. It also multiplies
the rate earned by each consultants Financial Proposal with the percentage value
allowed as weight for Financial Proposals. It then adds the resulting products of both
operations for each consultant. The sum becomes the total score for the consultant.
The formula is as follows:
S = St x T% + Sf x F%
Where:
S is the Total Score;
St is the Technical Score;
Sf is the Financial Score;
T is the weight given to the Technical Proposal; and
F is the weight given to the Financial Proposal.
Example:

Firm

A
B
C
D
E

Ave.
Score
86
84.2
85
80.4
83

Technical Proposal
Weight
Weighted
Score
X 70% or 0.7
= 60.2
X 70% or 0.7
= 58.9
X 70% or 0.7
= 59.5
X 70% or 0.7
= 56.4
X 70% or 0.7
= 58.1

Score
90.9
100
66.7
76.9
83

Financial Proposal
Weight
X
X
X
X
X

30%
30%
30%
30%
30%

or
or
or
or
or

0.3
0.3
0.3
0.3
0.3

=
=
=
=
=

Weighted
Score
27.3
30
20
23.1
24.9

Total
Score
87.5
88.9
79.5
79.4
83

12.

The BAC ranks the consultants in descending order, with the consultant obtaining the
highest total score being declared as the bidder with the HRB. (IRR-A Section 33.5)

13.

The BAC submits the results of its evaluation to the Head of the Procuring Entity,
identifying the consultant with the HRB, and recommending that it be authorized to
negotiate with this consultant.

14.

The Head of the Procuring Entity approves or disapproves the recommendations of the
BAC within two (2) calendar days after receiving these from the BAC.

15.

If the Head of the Procuring Entity disapproves the recommendation, he shall state
the reason(s) for the disapproval and instruct the BAC on the subsequent steps to be
adopted. If the Head of the Procuring Entity approves the recommendations, the BAC
furnishes all participating short listed consultants with the results of its evaluation
(ranking and total scores only). The results must also be posted in the PhilGEPS and
the website of the agency for a period of not less than two (2) weeks, to make these
results available to the GPPB and the umbrella organization of consultants. (IRR-A
Section 33.3.6)

16.

Within three (3) calendar days of the approval of its recommendations, the BAC
invites the consultant with the HRB for the opening of its financial proposals and for
contract negotiations. In its letter of notification, the BAC shall inform the consultant
of the issues in the technical proposal the BAC may wish to be clarified on during
negotiations. (IRR-A Section 33.4.2)
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How long does the Evaluation Procedure take place?

The entire evaluation process, from bid opening until submission of the bid evaluation results
to the Head of the Procuring Entity, should not exceed twenty-one (21) calendar days (IRR-A
Section. 33.3.3)

What happens if a consultant does not accept the arithmetical corrections

done by the BAC on his bid?
The consultant forfeits his bid security and is disqualified from participating further in the
bidding process.

Who are the participants in the Bid Evaluation?

The following must participate in the bid evaluation:
1.

The BAC;

2.

The TWG;

3.

The BAC Secretariat; and

4.

The Observers.

What happens if no bid passes the minimum technical rating for QCBE?
If no bid passes the minimum technical rating for QCBE, the BAC should declare the bidding a
failure. In such a case, the BAC shall issue a resolution declaring a failure of bidding. The BAC
then reviews the terms and conditions stated in the IAEB. If warranted, it changes any of the
terms and conditions, including the quantities or specifications, provided that the ABC is left
unchanged. It must, thereafter, conduct a re-bidding, in the process formulating a new IAEB
and posting and publishing this as required. (IRR-A Section 35) All bidders that have
initially responded to the IAEB in the first bidding shall be allowed to submit new bids.
If the original estimate is found to be inadequate on reassessment to meet the objectives of
the project, it may be necessary to reduce the scope of the project.
Should a second failure of bidding occur and the Procuring Entity finds that there is a need to
evaluate the responsiveness of the ABC, and so decides to revise the ABC accordingly, the
Procuring Entity should conduct another public bidding with re-advertisement and/or posting.
Alternatively, the Procuring Entity may enter into a negotiated procurement with a legally,
technically, and financially capable consultant. (IRR-A Sections 35.3 and 53) However, if
the Procuring Entity resorts to negotiated procurement, the terms, conditions, and
specifications of the project as well as the ABC must be maintained.

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Step 8

Negotiate with the Consultant with the Highest

Rated Bid

Legal Reference
IRR-A Section 33 provides the rules for the conduct of negotiations.

Who are the parties involved in the negotiations?

The following are involved in the negotiations:
1.

BAC;

2.

Consultants with HRB/SRB;

3.

BAC Secretariat, to provide administrative support; and

4.

End user/PMO, to provide technical support.

What are covered during negotiations?

For contracts awarded using the QBE procedure, the following are covered during
negotiations:
1.

Discussion and clarification of the TOR and Scope of Services, provided that if changes
in the TOR become necessary, the cost of these changes shall be within the ABC;

2.

Discussion and finalization of the methodology and work program proposed by the
consultant;

3.

Consideration of the personnel to be assigned to the job, taking note of over-qualified

personnel to be commensurate with the compensation of personnel with the
appropriate qualifications, number of man-months and schedule of activities (manning
schedule) [Note that there should be no replacement of key personnel, except for
justifiable reasons such as death, incapacity or delay in the evaluation process due to
the fault of the government. The BAC shall immediately consider negotiation with the
next ranked consultant if unjustifiable replacement of key personnel is made. (IRR-A
Section 33.6)];

4.

Discussion on the services, facilities and data, if any, to be provided by Procuring

Entity concerned;

5.

Discussion on the financial proposal submitted by the consultant (Note that if the
proposed price is greater than the ABC, the bidder will be disqualified); and

6.

Provisions of the contract.

For contracts awarded using the QCBE procedure, all the matters covered in the negotiations
for contracts using the QBE procedure are also covered, except for the discussion on the
Financial Proposal of the consultant. The financial bid, including the proposed remuneration
rates for staff and the reimbursables, shall not be negotiated since it has already been a
factor in the selection of the consultant.

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When is the Financial Proposal opened?

For contracts awarded using the QBE procedure, the Financial Proposal of consultant with the
HRB is opened in the presence of the bidder during the negotiation stage normally during
the first day of the negotiations.
For contracts awarded using the QCBE procedure, the Financial Proposals of all consultants
whose Technical Proposals meet the minimum technical rating shall be opened during the bid
evaluation stage, which is earlier than the negotiation stage.

How long should the negotiations take?

Except for meritorious reasons, negotiations with any one consultant shall be completed
within ten (10) calendar days. (IRR-A Sections 33.4.4 and 33.5)

Who Will Finalize the Draft Contract After Negotiation?

The end user/PMO with the assistance of the BAC Secretariat shall finalize the draft contract
after the negotiation.

What happens if negotiations with the bidder with the Highest Rated Bid
fail?
If agreement on all items discussed during negotiations is not possible between the BAC and
the first-in-rank consultant, the BAC would have to terminate negotiations and invite the next
ranked consultant for negotiations. The procedure for negotiations, as described above, shall
be repeated until negotiation with a consultant is successfully completed.

What happens if negotiations with all qualified bidders fail?

If negotiations with all qualified bidders fail, the BAC should declare a failure of bidding. In
such a case, the BAC shall issue a resolution declaring a failure of bidding. The BAC then
reviews the terms and conditions stated in the IAEB. If warranted, it changes any of the
terms and conditions, including the quantities or specifications, provided that the ABC is left
unchanged. It must, thereafter, conduct a re-bidding, in the process formulating a new IAEB
and posting and publishing this as required. (IRR-A Section 35) All bidders that have
initially responded to the IAEB in the first bidding shall be allowed to submit new bids.
If the original estimate is found to be inadequate on reassessment to meet the objectives of
the project, it may be necessary to reduce the scope of the project.
Should a second failure of bidding occur and the Procuring Entity finds that there is a need to
evaluate the responsiveness of the ABC, and so decides to revise the ABC accordingly, the
Procuring Entity should conduct another public bidding with re-advertisement and/or posting.
Alternatively, the Procuring Entity may enter into a negotiated procurement with a legally,
technically, and financially capable consultant (IRR-A Sections 35.3 and 53). However, if
the Procuring Entity resorts to negotiated procurement, the terms, conditions, and
specifications of the project as well as the ABC must be maintained.

What additional
negotiations?
1.

guidelines

may

Procuring

Entity

adopt

during

Negotiations should include discussions of the TOR, the methodology, staffing, the
Procuring Entitys inputs, and special conditions of the contract. The Procuring Entity
should give the consultants adequate authority to discharge their responsibilities and
carry out the terms of their contract.

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2.

The discussions should not substantially alter the original TOR or the terms of the
contract, lest the quality of the final product, its cost, and the relevance of the initial
evaluation be affected.

3.

Major reductions in work inputs should not be made solely to meet the budget.

4.

The final TOR and the agreed methodology should be incorporated in the description
of services, which should form part of the contract.

5.

The selected firm should not be allowed to substitute key staff, unless both parties
agree that undue delay in the selection process makes such substitution unavoidable
or that such changes are critical to meet the objectives of the assignment. If this is
not the case and if it is established that key staff were included in the proposal
without confirming their availability, the firm may be disqualified and the process
continued with the next ranked firm. The key staff proposed for substitution should
have qualifications equal to or better than the key staff initially proposed.

6.

Financial negotiations should include clarification of the consultants tax liability in the
Procuring Entitys country (if any) and how this tax liability has been or would be
reflected in the contract.

7.

As Lump-sum Contracts payments are based on delivery of outputs (or products),

the offered price should include all costs (staff time, overhead, travel, etc.).
Consequently, if the selection method for a Lump-sum contract included price as a
component, this price should not be negotiated.

8.

In the case of Time-based Contracts, payment is based on inputs (staff time and
reimbursables) and the offered price should include staff rates and an estimation of
the amount of reimbursables. When the selection method includes price as a
component, negotiations of staff rates should not take place, except in special
circumstances, like for example, staff rates offered are much higher than typically
charged rates by consultants for similar contracts. Consequently, the prohibition of
negotiation does not preclude the right of the client to ask for clarifications, and, if
fees are very high, to ask for change of fees.

9.

Reimbursables are to be paid on actual expenses incurred at cost upon presentation

of receipts and therefore are not subject to negotiations.
However, if the
Procuring Entity wants to define ceilings for unit prices of certain reimbursables (like
travel rates), it should indicate the maximum levels of those rates in the RFP or define
a per diem in the RFP.

10.

If the negotiations fail to result in an acceptable contract, the Procuring Entity should
terminate the negotiations and invite the next ranked firm for negotiations.

11.

Once negotiations are commenced with the next ranked firm, the Procuring Entity
should not reopen the earlier negotiations.

12.

After negotiations are successfully completed, the Procuring Entity should promptly
notify other firms on the short list that they were unsuccessful.

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Step 9

Post-qualify

Legal Reference
IRR-A Section 34 specifies the rules for post qualification.

Why do you need to conduct a

Post-qualification?
A post-qualification is conducted to
determine
whether
or
not
the
consultant with the HRB is responsive
to all the requirements and conditions
for eligibility and the bidding for the
contract, as specified in the bidding
documents. (IRR-A Section 34.1)

Hows that again?

The eligibility check does not ascertain the
validity and genuineness of the eligibility
documents submitted by the bidders. Neither
does it determine the veracity of the claims
made by the bidders in their financial and
technical proposals.
The post-qualification process, on the other
hand, does.

When does a consultant pass

Post-qualification?
A consultant passes post-qualification if the BAC verifies, validates and ascertains that the
consultant satisfies the following criteria: (IRR-A Section 34.2)
1.

Legal Requirements. The post-qualification process under this criterion involves the
verification, validation and ascertaining of the consultants claim that it is not included
in any government blacklist, as well as all the licenses, permits and other
documents it submitted, including the following:
a.

DTI business name registration or SEC registration certificate;

b.

Valid and current Mayors permit/municipal license;

c.

Taxpayers Identification Number;

d.

Valid Tax Clearance and Tax Returns;

e.

Certificate of Compliance with labor laws; and

f.

Authority of signatory.

The bidders status with regard to blacklisting may be verified by checking the
Consolidated Blacklisting Report issued by the GPPB, or the blacklist of any
government agency.
2.

Technical Requirements. Post-qualification under this criterion means that the BAC
would have to verify, validate and ascertain the veracity of the documents submitted
by a consultant to prove compliance of the consulting services it offers with the
requirements of the contract and bidding documents. These documents include:
a.

Documents proving the bidders stated competence and experience, and the
competence and experience of the bidders key personnel to be assigned to
the project, such as:
i.

A list of completed projects; and

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ii.

3.

A list of key personnel to be assigned to the contract, with complete

data on their qualification and experience;

b.

A list of on-going projects, to check the performance of the bidder in its

ongoing government and private contracts; and

c.

The Bid Security, specifically on its sufficiency as to type, amount, form and
wording, and validity period.

Financial Requirements. Post-qualification under this criterion means that the BAC
would have to verify, validate and ascertain the audited financial statements and the
financial proposal.

When should Post-qualification be conducted?

The post-qualification process must be conducted and completed within seven (7) calendar
days from date of determination of the HRB. (IRR A Section 34.1) For consulting services,
this period is reckoned from the date of successful negotiation with the consultant concerned.
However, in exceptional cases, the Head of the Procuring Entity may extend the postqualification period, but the aggregate period should in no case exceed thirty (30) calendar
days. (IRR-A Section 34.1)

Who are the parties involved in the conduct of Post-qualification?

The following parties ought to be involved in the conduct of post-qualification:
1.

The BAC;

2.

The TWG; and

3.

The BAC Secretariat; and

4.

The consultant, ranked starting from bidder with the HRB.

How is Post-qualification conducted?

1.

The BAC/TWG verifies, validates, and ascertains the genuineness, validity and
accuracy of the legal, technical and financial documents submitted by the consultant
with the HRB, using the non-discretionary criteria described above.
In verifying the information contained in such documents, the TWG may make
inquiries with appropriate government agencies and examine the original documents
kept in the bidders place of business. The use of other means for verification and
validation of such documents may be resorted to by the TWG, such as the Internet
and other research methods that yield the same results.

2.

The BAC/TWG inquires about the consultants performance in relation with other
contracts/transactions as indicated in its eligibility statement (statement of on-going,
completed or awarded contracts).

3.

If the TWG conducts post-qualification, it TWG prepares a Post-qualification Report to

be submitted to the BAC. The Report shall contain, among others, the activities
undertaken with regard to the Post-qualification process, including feedback from
inquiries conducted.

4.

The BAC reviews the Post-qualification Report submitted by the TWG.

5.

The BAC determines whether the consultant with the HRB passes all the criteria for
post-qualification.
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6.

If the HRB passes the post-qualification, the BAC declares it as the HRRB.

7.

After the BAC has determined the HRRB, the Secretariat, with the assistance of the
TWG, if necessary, prepares the BAC Resolution declaring the HRRB and the
corresponding Notice to the said bidder informing it of its post-qualification.

What happens if a bidder is found to have been included in any government

blacklist of consultants?
A bidder that has been blacklisted by any government agency or instrumentality will be
disqualified by the BAC from further participating in the bidding process.

What happens if a bidder or its employees is related within the third civil
degree of consanguinity to the Head of the Procuring Entity or any of
officials of employees of the Procuring Entity with direct access to
information that my substantially affect the results of the bidding?
Such a bidder will be disqualified by the BAC. (IRR-A Section 47)

What happens if a bidder is found to have committed an act that constitutes

fraud or misrepresentation or to have colluded with others for the purpose
of influencing the outcome of the Bidding?
Such bidder will be disqualified by the BAC, its bid security forfeited and, upon conviction, it
will suffer the penalty of imprisonment of not less than six (6) and one (1) day and not more
than fifteen (15) years, (IRR-A Section 65.2) and likewise suffer the administrative
penalties of suspension from participation in government procurement for the first offense,
and suspension for two years on the second offense. (IRR-A Section 69.1)

What happens if the Highest Rated Bid fails Post-qualification?

If the consultant with the HRB fails to pass post-qualification, the BAC shall immediately notify
the said bidder in writing of its post-disqualification and the grounds for it. The postdisqualified bidder shall have three (3) calendar days from receipt of the said notification to
request the BAC to reconsider this decision. The BAC shall evaluate the request for
reconsideration, using the same non-discretionary criteria, and shall issue its final
determination of the said request within seven (7) calendar days from receipt thereof. (IRRA Section 34.4)
Immediately after the BAC has notified the first bidder of its post-disqualification, and
notwithstanding any pending request for reconsideration thereof, the BAC shall initiate and
complete the negotiation and post-qualification process on the bidder with the second HRB. If
the negotiations with the second bidder are successful, and it passes the post-qualification,
and provided that the request for reconsideration of the first bidder has been denied, the
second bidder shall be post-qualified as the bidder with the HRRB. The Head of the Procuring
Entity shall then award the contract to it. In case of the QBE procedure, the sealed financial
envelopes of the unsuccessful bidders shall be returned by the BAC unopened and duly sealed
only when the consultant with the HRRB has signed the contract and furnished the
performance security. (IRR-A Section 34.6)
If the second bidder, however, fails post-qualification, the procedure for post-qualification
shall be repeated for the bidder with the next HRB, and so on until the HRRB is determined for
award. (IRR-A Section 34.7)

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What happens if all qualified bidders fail post-qualification?

If no bidder passes post-qualification, the BAC should declare a failure of bidding. In such a
case, the BAC shall issue a Resolution declaring a failure of bidding. The BAC then reviews the
terms and conditions stated in the IAEB. If warranted, it changes any of the terms and
conditions, including the quantities or specifications, provided that the ABC is left unchanged.
It must, thereafter, conduct a re-bidding, in the process formulating a new IAEB and posting
and publishing this as required. (IRR-A Section 35) All bidders that have initially responded
to the IAEB in the first bidding shall be allowed to submit new bids.
If the original estimate is found to be inadequate on reassessment to meet the objectives of
the project, it may be necessary to reduce the scope of the project.
Should a second failure of bidding occur and the Procuring Entity finds that there is a need to
evaluate the responsiveness of the ABC, and so decides to revise the ABC accordingly, the
Procuring Entity should conduct another public bidding with re-advertisement and/or posting.
Alternatively, the Procuring Entity may enter into a negotiated procurement with a legally,
technically, and financially capable consultant. (IRR-A Sections 35.3 and 53) However, if
the Procuring Entity resorts to negotiated procurement, the terms, conditions, and
specifications of the project as well as the ABC must be maintained.

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Step 10

Award the Contract

Legal Reference
IRR-A Section 37 specifies the rules and guidelines for the awarding of contract.

Who will be the recipient of the award of contract?

The award of contract shall be made to the consultant with the HRRB at its submitted bid
price or its calculated bid price, whichever is lower. In the case of QBE, the award shall be
based on the negotiated price or the submitted price, whichever is lower. In the case of an
SRRB, as provided for in IRR-A Section 36, the bidder with the SRRB shall be awarded the
contract. (IRR-A Section 37.1)

What is the Timeline for Contract Award?

The Head of Procuring Entity or his duly authorized representative shall approve the
recommendation of award within seven (7) calendar days from the date of
determination and declaration by the
BAC of the HRRB. In the case of GOCCs
and GFIs, the governing Board has a
Hows that again?
period of fifteen (15) calendar days to
approve
or
disapprove
the
said
What is the maximum period of time
recommendation. (IRR-A Section 37.2)
that a contract can be awarded?
The Notice of Award shall be given to
the
bidder
with
the
HRRB/SRRB
immediately after approval of the
recommendation. Simultaneously, a copy
of the Notice shall be furnished to all
losing Bidders, and posted in the website
of the PhilGEPS, as well as the websites of
the Procuring Entity and its electronic
procurement service provider, if any.
(IRR-A Section 37.2.1)

Contract award must be made within the bid

validity period as specified in the bidding
documents, with the period lasting for a
maximum of ninety (90) days from the date
of bid opening. (IRR-A Section 37.2.2) If
award cannot be made within the said period,
the bid validity period shall be extended.

Who are involved in the Award of the Contract?

The following must participate in the activities related to the Award of the Contract:
1.

The Head of the Procuring Entity;

2.

The BAC;

3.

The Procurement Unit/Office;

4.

The BAC Secretariat;

5.

The consultant who submitted the HRRB/SRRB; and

6.

The Observers.

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How is a contract awarded?

The following steps are followed in the awarding of a contract:
1.

The BAC Secretariat consolidates all the documents and/or records of the proceedings
of the BAC with regard to the procurement at hand.

2.

The BAC Secretariat drafts the BAC Resolution recommending award.

3.

The BAC approves and signs the Resolution Recommending Award, and transmits the
same to the Head of the Procuring Entity or his or her duly authorized representative.

4.

The Head of the Procuring Entity, or his/her duly authorized representative, acts on
the recommendation for award within fifteen (15) calendar days from the date of
determination and declaration by the BAC of the HRRB/SRRB. In the case of GOCCs
and GFIs, the governing Board shall have thirty (30) calendar days within which to
approve the recommendation for award.

5.

In case of approval of the recommendation, the Head of the Procuring Entity, through
the procurement unit/office, issues the Notice of Award to the bidder with the
HRRB/SRRB while the BAC accordingly notifies the losing bidders. In case of a
disapproval of the recommendation of award, the Head of the Procuring Entity shall
state the reason(s) for disapproval and instruct the BAC on the subsequent steps to
be adopted.

6.

The bidder with the HRRB/SRRB accepts the Notice of Award.

What happens if the bidder being considered for award does not accept the
award?
If the bidder refuses to accept the award within the bid validity period, the BAC shall
forfeit the bid security of the bidder and shall initiate the blacklisting proceedings in
accordance with the Uniform Guidelines for Blacklisting (GPPB Resolution No. 092004). It then initiates and completes the post-qualification of the bidder with the second
highest rated bid. If found qualified, the said bidder shall be awarded the contract. This
procedure is repeated until the HRRB is determined. Should all eligible bidders fail postqualification, the BAC must declare the bidding a failure.
Refusal to accept an award, without just cause or for the purpose of forcing the Procuring
Entity to award the contract to another bidder, if proven, is meted with a penalty of
imprisonment of not less than six (6) years and one (1) day by not more than fifteen (15)
years. (IRR-A Section 65.3.4) Additional penalties of suspension for one (1) year from
participation in government procurement for the first offense, and suspension for two (2)
years for the second offense shall also be imposed on the bidder. (IRR-A Section 69.1)

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Step 11

Have the Contract Signed and Approved and Issue

the NTP

Legal Reference
IRR-A Section 37 specifies the rules regarding contract signing and approval.

When must the winning bidder and the Procuring Entity enter into a
contract?
The winning bidder and the Procuring Entity must enter into a contract immediately after the
former has submitted the performance security and all other documentary requirements
within the period specified in the IRR-A. The parties must sign the contract within ten (10)
calendar days from receipt by the winning bidder of the Notice of Award. (IRR-A Section
37.3)
The Chief Accountant or the Chief Budget Officer may sign the contract as an instrumental
witness thereto.
The Procuring Entity signatory is encouraged to sign within the same day as the signing of the
bidder as there are penalties against delaying, without justifiable cause, the award of the
contract. (IRR-A Section 65.1) Moreover, it would be best for the winning bidder and the
Head of the Procuring Entity, or its appropriate signing authority, to sign/execute the contract
together provided that all contract documents and requirements are complete so that both
may personally appear before a Notary Public.

What are the Timelines to be considered with respect to contract approval?

When, after contract signing, further approval of a higher authority is required, the
approving authority for the contract, or his duly authorized representative, shall be given a
maximum of fifteen (15) calendar days from receipt thereof, together with all
documentary requirements to perfect the said contract, to approve or disapprove it. In the
case of GOCCs and GFIs, when further approval of the governing Board is required, the said
governing Board or its duly authorized representative has twenty-five (25) calendar days.
(IRR-A Section 37.3)

When shall the Procuring Entity issue the NTP?

The NTP must be issued together with a copy or copies of the approved contract to the
successful bidder within three (3) calendar days from the date of approval of the contract
by the appropriate government approving authority. (IRR-A Section 37.5)

When is a contract effective?

Unless otherwise specified in the contract, a contract is effective upon receipt of the NTP. If
an effectivity date is provided in the NTP by the Procuring Entity concerned, all notices called
for by the terms of the approved contract shall be effective only from such effectivity date,
but such effectivity date should not be later than seven (7) calendar days from the
issuance of the NTP. (IRR-A Section 37.5)

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Page 73 of 108

Who are the Parties involved in Contract Signing and Approval and Issuance
of the NTP?
The following Parties are involved in the signing and approval of the contract, and in the
issuance of the NTP:
1.

The Procurement Unit/Office/End-User Unit;

2.

The Head of the Procuring Entity and/or higher contract approving authority; and

3.

The winning bidder.

What documents form part of the contract?

The contract shall include the following:
1.

The Contract Agreement;

Hows that again?

2.

Conditions of Contract;

3.

Terms of Reference;

The first ten (10) requirements are provided

by the Procuring Entity, while the winning
bidder submits the rest.

4.

Drawings/Plans, if applicable;

5.

Specifications, if applicable;

6.

IAEB;

7.

Bidding Documents;

8.

Addenda and/or Supplemental/Bid Bulletins, if any;

9.

Bid form including all the documents/statements contained in the winning bidders two
bidding envelopes, as annexes;

10.

Eligibility requirements, documents and / or statements;

11.

Performance Security;

12.

Notice of Award of Contract and winning bidders Conforme thereto; and

13.

Other contract documents that may be required by existing laws and / or the
Procuring Entity concerned.

How is Contract Signed and Approved, and the NTP Issued?

1.

The winning bidder submits all the documentary requirements, including the
performance security, and signs the contract.

2.

The procurement unit/office transmits the contract and its attachments to the Budget
Office (for issuance of OS) and the Chief Accountant (for issuance of the CAF).

3.

The procurement unit/office transmits the contract documents to the appropriate

signing authority for signature, together with the following documents:
a.

The OS;

b.

The CAF;

c.

Summary of Bid Evaluation Report;

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Page 74 of 108

d.

Resolution of the BAC or duly designated procurement office recommending

Award;

e.

Approval of award by appropriate government approving authority; and

f.

Other pertinent documents that may be required by existing laws and/or the
Procuring Entity concerned.
4.

After signing, if the contract

needs the approval of a higher
authority such as, for
bureaus,
the
Department
Secretary, when required the
procurement
unit/office
transmits the contract and
related documents to the
approving authority or his
authorized representative for
approval.

5.

The approving authority or his

authorized representative acts
on the contract within twenty
(20) calendar days, or thirty
(30) calendar days for GOCCs
and GFIs, from receipt thereof.
If higher approval is required
(e.g., approval of the Office of
the President), or a review by
another government body is
necessary (e.g., NEDA or DOJ
review), the Head of the
Procuring Entity transmits the
contract documents to the
appropriate
approving
authority or reviewing body.
The periods indicated above
for approval of contracts still
apply, except if the approving
authority is the Office of the
President.

TIPS: Lets make doing things

easier
In most procuring entities, particularly the
bureaus or lower-level offices of national
government agencies (NGAs) or centrally
managed GOCCs or GFIs, the contract signatory
is a different official from the approving authority.
For example, a bureau director may only be
authorized to approve contracts up to P50M.
Contracts exceeding the said amount are brought
up to the Secretary for approval. Different
Procuring Entities have different levels of
delegated authority, but the principle is
essentially the same the higher the contract
amount, the higher is the level of the approving
authority.
In cases like this, the contract is
usually deemed effective upon approval of such
higher authority. The existence of this policy is
the usual cause of delays in procurement
transactions.

6.

Section 38 of RA 9184 and Section 38.2 of its

IRR-A are designed to remove this cause for
delay. These provisions mandate that if further
approval of a higher authority within the
Procuring Entity (other than the President of the
Philippines) is required, and that authority does
not take any action on the contract within the
prescribed period, the contract concerned is
deemed approved.
Only contracts that are duly signed by the
appropriate signatory are covered by this rule.
An unsigned contract is a mere piece of paper
and cannot be the basis of a government liability.

7.

The Head of the Procuring

Entity
or
his/her
duly
authorized representative issues the NTP within seven
(7) calendar days from the
date of the approval of the
contract.

What are the rules governing the review and approval of government
contracts?
Executive Order 423, s. 2005, prescribes the rules and regulations on the review and approval
of government contracts.
Essentially, E.O. 423 provides that, except for government
contracts required by law to be acted upon and/or approved by the President, the Head of the
Procuring Entity shall have full authority to give final approval and/or enter into all
government contracts of his respective government agency, awarded through public bidding,
regardless of amount. Provided, that the Head of the Procuring Entity certifies under oath
that the contract has been entered into in faithful compliance with all applicable laws and
regulations. The head of a Procuring Entity may also delegate in writing this full authority to
give final approval and/or enter into government contracts awarded through public bidding as
Manual of Procedures for the Procurement of Consulting Services

Page 75 of 108

circumstances may warrant (i.e. to decentralization of procurement in a government agency),

subject to such limitations as he may impose. For procurement undertaken through any of
the alternative methods allowed by law, where the government contract involves an amount
less than P500 Million, except where action or approval of the President is required, the Head
of the Procuring Entity shall have full authority to give final approval and/or enter into such
contract, provided that the Department Secretary concerned certifies under oath that the
contract has been entered into in faithful compliance with all applicable laws and regulations.
He may delegate in writing this authority, as circumstances may warrant (i.e. to decentralize
procurement), subject to such limitations as he may impose.
Where the Head of the Procuring Entity has made a determination that a Government
contract, including Government contracts required by law to be acted upon and/or approved
by the President, involving an amount of at least P500 Million falls under any of the
exceptions from public bidding allowed by law, the Head of the Procuring Entity shall, before
proceeding with the alternative methods of procurement provided by law and applicable rules
and regulations, obtain the following requirements:
1.

An opinion from the GPPB that said Government contract falls within the exceptions
from public bidding; and

2.

Approval from the Director-General of NEDA to proceed with a specific alternative

method of procurement under the exceptional cases provided by law and applicable
rules and regulations.

Except for Government contracts required by law to be acted upon and/or approved by the
President, the Head of the Procuring Entity, after obtaining the foregoing requirements, shall
have full contracts of their his respective agency, entered into through alternative methods of
procurement allowed by law. Provided, that the head of the procurement entity certifies under
oath that the contract has been entered into in faithful compliance with all applicable laws and
regulations.

What happens if the bidder with the HRRB/SRRB refuses or is unable,

through its own fault, to post the performance security and sign the
contract within the prescribed period?
If the bidder with the HRRB or SRRB refuses to, or is unable, through its own fault, to post the
performance security and sign the contract within the prescribed period:
1.

Its bid security is forfeited;

2.

It is disqualified from further participating in the bidding at hand;

3.

Upon conviction, it will suffer the penalty of imprisonment of not less than six (6) and
one (1) day and not more than fifteen (15) years; and

4.

Upon determination of administrative liability, it will suffer the administrative penalties

of suspension for one (1) year from participation in government procurement for the
first offense, and suspension for two (2) years for the second offense.

For its part, the BAC must initiate and complete the post-qualification of the bidder with the
second HRB. This procedure must be repeated until the HRRB is determined for award. If no
bidder passes post-qualification, the BAC declares the bidding a failure and conducts a rebidding with re-posting and re-advertisement. Should there be another failure of bidding
after the conduct of the re-bidding, the Procuring Entity may enter into a negotiated
procurement. (IRR-A Section 40.2)
If, on the other hand, the bidder that fails to post the performance security and sign the
contract happens to be one with the SRRB, the BAC must declare the bidding a failure. It
then conducts a re-bidding with re-posting and re-advertisement. Should there be another
failure of bidding after the conduct of the re-bidding, the Procuring Entity may enter into a
negotiated procurement (IRR-A Section 40.3)

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Page 76 of 108

What happens if the failure of the bidder with the HRRB/SRRB to sign the
contract within the prescribed period is not its own doing?
If the failure of the bidder with the HRRB or SRRB to sign the contract within the prescribed
period is not due to its fault, the sanctions mentioned above shall not be imposed. (IRR-A
Section 40.1)

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Page 77 of 108

Reservation Clause

Legal Reference
IRR-A Section 41 provides the rules governing the Reservation Clause.

When may the Procuring Entity exercise its right to reject bids, declare a
failure of bidding, or not award the contract?
The Procuring Entity reserves the right to reject any and all bids, declare a failure of bidding,
or not award the contract in any of the following situations:
1.

If there is prima facie evidence of collusion between appropriate public officers or

employees of the Procuring Entity, or between the BAC and any of the bidders, or
between or among the bidders themselves, or between a bidder and a third party,
including any act which restricts, suppresses or nullifies or tends to restrict, suppress
or nullify competition;

Hows that again?

What are instances of the BAC
following prescribed procedures?

2.

If the BAC is found to have

failed
in
following
the
prescribed
bidding
procedures, for which the
applicable sanctions shall be
applied to the erring officers;
or

3.

For
any
justifiable
and
reasonable ground where the
award of the contract will
not
redound
to
the
benefit
of
the
Government as follows:

not

The following are some instances when a BAC fails

to follow procedures:
1. Prescribing an insufficient number of days in
the advertisement and/or posting of the IAEB ;
2. Exceeding the required periods for eligibility
screening, bid evaluation, post-qualification for
each highest rated bidder or for awarding the
contract without justifiable cause;
3. Conducting the pre-bid conference or issuing
the bidding documents in less than the required
number of days before deadline for the
submission and opening of bids;
4. Requiring the bidder to submit additional
documents which is tantamount to improving
his bidding documents; and
5. Allowing a bidder to become eligible or pass the
post-qualification with incomplete documents.

a.

If the physical and

economic conditions
have
significantly
changed so as to
render the project no
longer economically,
financially
or
technically
feasible
as determined by the
Head
of
the
Procuring Entity;

b.
If the project is no
longer necessary as determined by the Head of the Procuring Entity; and
c.

If the source of funds for the project has been cancelled, withheld or reduced
through no fault of the Procuring Entity.

However, abuse by the Head of the Procuring Entity of his power to reject any and all bids as
provided by the Reservation Clause, with manifest preference to any bidder who is closely
related to him in accordance with IRR-A Section 47 shall be meted with penalties provided in
IRR-A Section 65. (IRR-A Section 65.1.5)

Manual of Procedures for the Procurement of Consulting Services

SECTION 3

Instructions on the Procedural

Steps for the Procurement of
Consulting Services
PART
TWO

PROCUREMENT

ALTERNATIVE

METHODS

OF

Page 81 of 108

The Alternative Methods for the Procurement of Consulting

Services

What is the rule on the use of alternative methods of procurement?

Generally, procurement should be through public bidding. In preparing the APP, the Procuring
Entity must ensure that there is sufficient time to undertake public bidding. However, the law
allows the use of alternative methods of procurement in some exceptional instances,
provided:
1.

There is prior approval of the Head of the Procuring Entity on the use of alternative
methods of procurement, as recommended by the BAC; and

2.

The conditions required by law for the use of alternative methods are present.

One of the reasons for the use of alternative methods of procurement is for administrative
convenience. This means that the Procuring Entity is given the opportunity to procure
consulting services at advantageous terms without having to undergo the entire public bidding
process which could be time-consuming. Or, there could be changes in circumstances that
preclude the use of public bidding as originally proposed in the APP, like in those cases where
the BAC has twice declared a failure of bidding.
In resorting to any of the alternative methods of procurement, the Procuring Entity must
ensure that the method chosen promotes economy and efficiency, and that the most
advantageous price for the government is obtained.
While the law allows the use of alternative methods or procurement, it emphasizes that
splitting of government contracts is not allowed. (IRR-A Section 54.1) There is splitting of
government contracts when, for the purpose of evading or circumventing the requirements of
law and the IRR-A, especially the necessity of public bidding and the requirements for the
alternative methods of procurement, the Procuring Entity:
1.

Divides or breaks up government contracts into smaller quantities and amounts; or

2.

Divides contract implementation into artificial phases or sub-contracts.

Thus, the amount indicated in the ABM/SARO (or the equivalent documents in GOCCs/LGUs)
shall not be divided into several projects for bidding.
For the procurement of consulting services, negotiated procurement and limited source
bidding are the only alternative methods of procurement that may be used.

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Page 82 of 108

Procurement through the Limited Source Bidding Method

What is limited source bidding?

LIMITED SOURCE BIDDING, otherwise known as SELECTIVE BIDDING, is a method of
procurement of consulting services, that involves the issuance of a direct invitation to bid by
the concerned Procuring Entity to a set of pre-selected consultants with known experience and
proven capability to provide the services required in a particular contract. (IRR-A Section
49) All the consultants appearing in the list should be invited. The Invitation to Bid, which
shall be issued by the BAC, should already indicate the relevant information required to
enable prospective bidders to prepare their bids as prescribed under the pertinent provisions
of the IRR-A.
The limited source bidding method may be used to procure highly-specialized types of
consulting services, as determined by the Procuring Entity, where only a few consultants are
known to be available. In these cases, resorting to the public bidding method will not likely
result in any additional consultants participating in the bidding.

Who will be invited to bid?

The pre-selected prospective bidders shall be those appearing in a list maintained by the
relevant government authority that has expertise in the type of procurement concerned,
which list should have been submitted to, and maintained updated with, the GPPB. (IRR-A
Section 49) In the absence of the aforementioned relevant government authority, the
Procuring Entity has to resort to open competitive bidding in its selection of a consultant.

What if the expertise is not available locally?

If Filipino consultants do not have enough expertise and capability to render the services
required under the project, foreign consultants may be hired.
The umbrella organization of consultants that will be recognized by the GPPB as
representative of the consulting industry in the Philippines, will prepare and certify a list of
fields wherein Filipino consultants can provide competent consulting services. As proof of the
availability of Filipino expertise, it will also prepare a list of its members that have expertise in
a specific field. It will list its standards for competence in the field and certify that the
members that it has listed have passed such standards.
The absence of these lists will indicate the lack of local expertise in an area.

Who are the parties involved in procurement through limited source

bidding?
1.

The Head of the Procuring Entity;

2.

The BAC;

3.

The TWG;

4.

The BAC Secretariat;

5.

The pre-selected prospective bidders; and

6.

The Observers.

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How is limited source bidding conducted?

The following steps are undertaken in procuring through the limited source bidding method:
1.

The end-user secures the list of pre-selected consultants from the GPPB or from the
relevant government authority that has expertise in the type of procurement at hand.

2.

It is highly advisable for the BAC to conduct a pre-procurement conference to confirm

the existence of the condition required by law for procurement through limited source
bidding.

3.

The BAC recommends to the Head of the Procuring Entity the use of limited source
bidding method for the particular procurement through a Resolution to be approved
by the Head of the Procuring Entity.

4.

The Head of the Procuring Entity decides whether or not to approve the same.

5.

If the Head of the Procuring Entity disapproves of the recommendation, he shall state
the reason(s) for disapproval and instruct the BAC on the subsequent steps to be
adopted. If the recommendation is approved, the BAC, through the TWG and the BAC
Secretariat, finalizes the bidding documents, including the IAEB (indicating therein the
method of procurement to be used) and the TOR, in accordance with the procedures
laid down in the IRR-A, this Manual and the PBDs. It also informs the pre-selected
consultants that they are being considered for the project.

6.

The BAC, through the Secretariat, posts for information purposes the IAEB in:
a.

The PhilGEPS;

b.

The website of the Procuring Entity and its electronic procurement service
provider, if any; and

c.

Any conspicuous place in the premises of the Procuring Entity;

Continuously for a period of seven (7) calendar days prior to the opening of the bids.
7.

The BAC Secretariat sends the IAEB to the pre-selected consultants. The IAEB is sent
to ALL consultants in the list.

8.

The pre-selected consultants are expected to inform the BAC if they are interested in
participating in the project or not. If interested, a pre-selected consultant will have to
submit its LOI.

9.

The BAC issues an RFP to the consultants that have submitted the LOI. This RFP must
already contain the relevant information that would enable the consultants to prepare
their bids.

10.

The BAC conducts a pre-bid conference (if deemed warranted under the
circumstances), and require the simultaneous submission of the prospective bidders
eligibility/qualification statements, and technical and financial bids on or before the
deadline indicated in the bidding documents. The BAC then proceeds with the
eligibility check, bid evaluation, negotiation, post-qualification, contract award, signing
and approval, following the procedures for Competitive Bidding.

Are bid and performance securities also required for this method of
procurement?
Yes, these are required.

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Page 84 of 108

Procurement through the Negotiated Procurement Method

What is negotiated procurement?

NEGOTIATED PROCUREMENT is a method of procurement whereby the Procuring Entity
directly negotiates a contract with a legally, technically and financially capable consultant.
(IRR-A Section 53)

When is Negotiated Procurement allowed?

Negotiated procurement may only be resorted to under the following instances:
1.

There has been a second failure of public bidding as provided in IRR-A Section 35, in
which case, the negotiation must be made with a consultant in good standing and
with proven track record with the Procuring Entity or other government agencies;

2.

There exists imminent danger to life or property during a state of calamity, or when
time is of the essence arising from actual or man-made calamities or other causes
where immediate action is necessary to prevent damage to or loss of life or property,
or to restore vital public services, infrastructure facilities and other public utilities.

3.

The project is adjacent or contiguous to another on-going consulting services project,

provided, however, that:
a.

Hows that again?

b.

The
subject
contract
to
be
negotiated has a
scope of work that
is similar or related
to
that
of
the
original contract;

c.

The consultant uses

the same prices or
lower unit prices as
in
the
original
contract
less
mobilization cost;

d.

The
amount
involved does not
exceed the amount
of
the
ongoing
project; and

A consultant in good standing is someone who:

The prospective bidder should issue a statement

that it is not blacklisted or barred from bidding by
the government or any of its agencies, offices,
corporations or LGUs, and that it is not included in
the Consolidated Blacklisting Report issued by the
GPPB, once released in accordance with the
guidelines to be issued by the GPPB.

e.

original
is
the
of
a
competitive

bidding;

Who is a consultant in good standing?

1. Is not included in the Consolidated Blacklisting

Report issued by the GPPB, and
2. Has satisfactorily completed similar contracts
and has no negative slippage in its on-going
contracts.

The
contract
result

The consultant is in good standing, e.g. has no negative slippage.

In such instances, negotiations for the procurement must be commenced before the
expiry of the original contract. (IRR-A Section 53 [d]) This negotiated contract can
only be undertaken once for a particular ongoing project.

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Page 85 of 108

5.

6.

Individual consultants are hired to do work that is:

a.

Highly technical or proprietary, or

b.

Primarily confidential or policy-determining, where trust and confidence are

the primary consideration for the hiring of the consultant, provided that the
term of the individual consultants shall be, at the most, six (6) months,
renewable at the option of the appointing Head of the Procuring Entity, but in
no case shall exceed the term of the latter.

Where the procurement does not fall under Shopping in Section 52(a) of the IRR-A
and amounts to Fifty Thousand Pesos (P50,000) and below, provided that the
procurement does not result in splitting of contracts.

With whom can a Procuring Entity negotiate for projects located in areas
where a state of calamity exists?
For projects in areas where a state of calamity exists, the Procuring Entity can negotiate with
a previous consultant of good standing with it, or with a consultant of good standing situated
within the vicinity where the calamity or emergency occurred. (IRR-A Section 54.2 [d])

With whom can a Procuring Entity negotiate for the implementation of

projects that had been taken over?
For projects that are taken over, the contract may be negotiated starting with the second
highest rated bidder for the project under consideration. The negotiation ought to be based
on the unit prices of the original contract, and in no case be higher than the bid price of the
consultant with whom negotiation is being conducted. If negotiation fails, then negotiation
must be done with the third highest rated bidder. If negotiation fails again, the Procuring
Entity must negotiate with a consultant in good standing and with proven track record
therewith or with other government agencies. Authority to negotiate contracts for projects
under these exceptional cases shall be subject to prior approval by the heads of the Procuring
Entities concerned, within their respective limits of approving authority. (IRR-A Section 54.2
[e])

Who are the parties involved in negotiated procurement?

The following must participate in the procurement of consulting services using the negotiated
procurement method:
1.

The Head of the Procuring Entity;

2.

The BAC;

3.

The TWG;

4.

The BAC Secretariat;

5.

The end-user unit or PMO;

6.

The consultant; and

7.

The Observers

How is negotiated procurement conducted?

Except for adjacent or contiguous projects and for the hiring of individual consultants under
special cases, negotiated procurement is conducted in the following manner:

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Page 86 of 108

1.

It is highly advisable for the BAC to conduct a pre-procurement conference to confirm

the existence of the condition required by law for negotiated procurement.

2.

The BAC recommends to the Head of the Procuring Entity the use of the negotiated
procurement method through a Resolution to be approved by the Head of the
Procuring Entity.

3.

The Head of the Procuring Entity decides whether or not to approve the
recommendation.

4.

If the Head of the Procuring Entity disapproves of the recommendation, he shall state
the reason(s) of this disapproval and instruct the BAC on the subsequent steps to be
adopted. If its recommendation is approved, the BAC, through the TWG and the BAC
Secretariat, finalizes the TOR and other action documents, including draft contracts, in
accordance with the procedures laid down in this Manual and in the IRR-A.

5.

The Head of the Procuring Entity approves the action documents, and the BAC informs
the consultant that it is being considered for the project.

6.

The BAC, through the Secretariat, posts for information purposes the IAEB in:
a.

The PhilGEPS;

b.

The website of the Procuring Entity and its electronic procurement service
provider, if any; and

c.

Any conspicuous place in the premises of the Procuring Entity;

The posting shall be done for a maximum period of fourteen (14) calendar days prior
to bid opening. The Procuring Entity, however, may waive the period for posting in
cases when:
a.

There is imminent danger to life and property;

b.

Time is of the essence arising from actual or man-made calamities or other

causes, where immediate action is necessary to prevent damage to, or loss of,
life or property; or

c.

To restore vital public services, infrastructure facilities and other public

utilities.

At any rate, the award must be posted in the aforementioned websites.

Section 54.2 [d])
7.

(IRR-A

If the procurement is being negotiated because of:

a.

Two previous failures of bidding;

b.

In case of imminent danger to life or property;

c.

When time is of the essence arising from actual or man-made calamities or

other causes where immediate action is necessary to prevent damage to or
loss of life or property; or

d.

To restore vital public services, infrastructure facilities and other public

utilities;

The BAC issues an RFP to the identified and qualified consultant, with the RFP already
containing the relevant information required for the consultant to prepare its proposal.
The procedures for the conduct of public bidding should be observed. However, the
minimum period for each bidding procedure may be reduced. The consultant informs
the BAC whether or not it is interested to provide the required services for the project.
If the consultant is not interested, the BAC shall invite another qualified consultant.

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Page 87 of 108

All Procuring Entities must maintain a registry of contractors as basis for drawing up
the short list and/or selecting the contractors. (IRR-A 54.2 [c])
In cases b, c and d above, the negotiation shall be made with a previous consultant of
good standing of the Procuring Entity concerned, or a consultant of good standing
situated within the vicinity where the calamity or emergency occurred. (IRR-A
Section 54.2 [d])
If the procurement is being negotiated as a result of a terminated or rescinded
contract being taken over because immediate action is necessary to prevent damage
to, or loss of, life or property, or to restore vital public services, infrastructure facilities
and other public utilities (IRR-A Section 53 [c]), then the contract may be
negotiated starting with the second highest rated bidder for the project under
consideration. The negotiation ought to be based on the unit prices of the original
contract, and in no case be higher than the bid price of the consultant with whom
negotiation is being conducted. If negotiation fails, then negotiation must be done
with the third highest rated bidder. If negotiation fails again, the Procuring Entity
must negotiate with a consultant in good standing and with proven track record
therewith or with other government agencies. Authority to negotiate contracts for
projects under these exceptional cases shall be subject to prior approval by the heads
of the Procuring Entities concerned, within their respective limits of approving
authority. (IRR-A Section 54.2 [e])
7.

The consultant submits its proposal in a sealed envelope duly marked.

Are bid and

procurement?

performance

securities

still

required

for

negotiated

As a general rule, both bid security and performance security must be posted when a
Procuring Entity resorts to negotiated procurement. However, in the case of negotiated
procurement through the hiring of individual consultants or due to imminent danger to life or
property or when time is of the essence or to restore vital public services or infrastructure
facilities, the posting of a bid security shall not be required.

Manual of Procedures for the Procurement of Consulting Services

Page 88 of 108

SECTION 4

Guidelines on Contract
Implementation for the
Procurement of Consulting
Services

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Page 90 of 108

Advance Payment for Mobilization

Can the Procuring Entity make an advance payment for mobilization to the
consultant?
Yes, it can. The Procuring Entity may make an advance payment to the consultant in an
amount that shall not exceed fifteen percent (15%) of the contract amount to cover the cost
of mobilization. The advance payment shall be made only upon the submission of a written
request by the consultant together with an irrevocable standby letter of credit issued by an
entity acceptable to the Procuring Entity and of an amount equal to the advance payment.
(IRR-A Annex F)

How can the Procuring Entity recover the advance payment it made to a
consultant?
The Procuring Entity must recover the advance payment by deducting from the progress
payments to the consultant such sum as agreed during contract negotiations until the
advance payment shall have been fully liquidated within the duration of the contract. (IRR-A
Annex F)
The consultant, for its part, may reduce his standby letter of credit or guarantee instrument
by the amounts refunded in the advance payment.

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Replacement of Consultant and Key Personnel

Can a consultant replace a key personnel?

Once the contract is effective, any change introduced in the key personnel that is not agreed
to by the Procuring Entity and is not for reasons of death, illness or incapacity of the
individual personnel, during the first fifty percent (50%) of the contracted inputs of the said
individual, shall result in the imposition of damages. Violators will be fined an amount equal
to the refund of the replaced personnels basic rate, which should be at least fifty percent
(50%) of the total basic rate for the duration of the engagement. (IRR-A 33.6)

What must a Procuring Entity do if it considers the performance of one or

more key personnel to be unsatisfactory?
If the Procuring Entity finds that any of the personnel has committed serious misconduct or
has been charged with having committed a criminal action under Philippine law, or has
reasonable cause to be dissatisfied with the performance of any of the personnel, then the
consultant must, at the Procuring Entitys written request specifying the grounds therefor,
forthwith provide as replacement a person with qualifications and experience acceptable to
the Procuring Entity. The replacement should have equal or better qualifications but will
receive remuneration not exceeding that which would have been payable to the person
replaced. The consultant shall have no claim for additional costs arising out of or incidental to
any removal and/or replacement of staff.

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Contract Price and Payment

Are contract prices fixed?

Price escalation is not allowed. For the given scope of work in the contract as awarded, the
price must be considered as a fixed price.11

How are contract prices to be denominated?

All contract prices must be denominated and payable in Philippine currency, and this shall be
stated in the bidding documents. Should the Procuring Entity receive bids denominated in
foreign currency, the same shall be converted to Philippine currency based on the exchange
rate officially prescribed for similar transactions as established by the BSP on the date of the
bid opening. (IRR-A Section 61.1)

When shall payments be made?

Any kind of payment, including advance and progress payments, must be made by the
Procuring Entity as soon as possible, but in no case later than forty-five (45) days after the
submission of a request for payment, accompanied by documents submitted pursuant to the
contract, and upon fulfillment of other obligations stipulated in the contract. The Procuring
Entity must also ensure that all accounting and auditing requirements are met prior to
payment. Only the portion of a claim that is not satisfactorily supported/accepted may be
withheld from payment subject to the usual accounting and auditing rules and regulation.
The final payment must be made only after the consultant submits its final report and such
report is approved as satisfactory by the Procuring Entity.

In what currency shall payments be made?12

Payments must be made in the Philippine currency.

What are the different types of consultancy contracts based on payment

terms normally used?
1.

Lump Sum Contract

Lump sum contracts are used mainly for assignments in which the content and the
duration of the services and the required output of the consultants are clearly defined.
They are widely used for simple planning and feasibility studies, environmental
studies, detailed design of standard or common structures, preparation of data
processing systems, and so forth. Payments are linked to outputs (deliverables), such
as reports, drawings, bills of quantities, bidding documents, and software programs.
Lump sum contracts are easy to administer because payments are due on clearly
specified outputs.

11

For FAPs, to adjust the remuneration for foreign and/or local inflation, a price adjustment provision should be included
in the contract if its duration is expected to exceed eighteen (18) months. Contracts of shorter duration may include a
provision for price adjustment when local or foreign inflation is expected to be high and unpredictable.
12
For FAPs, RFPs should clearly state that firms may express the price for their services, in any fully convertible
currency. If the consultants wish to express the price as a sum of amounts in different foreign currencies, they may do
so, provided the proposal includes no more than three (3) foreign currencies. The Procuring Entity may require
consultants to state the portion of the price representing costs in the currency of the Procuring Entitys country.
Payment under the contract should be made in the currency or currencies in which the price is expressed in the proposal.

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2.

Time-Based Contract
This type of contract is appropriate when it is difficult to define the scope and the
length of the services, either because the services are related to activities by others
for which the completion period may vary, or because the input of the consultants
required to attain the objectives of the assignment is difficult to assess. This type of
contract is widely used for complex studies, supervision of construction, advisory
services, and most training assignments. Payments are based on agreed hourly,
daily, weekly or monthly rates for staff (who are normally named in the contract) and
on reimbursable items using actual expenses and/or agreed unit prices. The rates for
staff include salary, social costs, overhead, fee (or profit), and, where appropriate,
special allowances. This type of contract should include a maximum amount of total
payments to be made to the consultants. This ceiling amount should include a
contingency allowance for unforeseen work and duration, and provision for price
adjustments, where appropriate. Time-based contracts need to be closely monitored
and administered by the client to ensure that the assignment is progressing
satisfactorily and that payments claimed by the consultants are appropriate.

3.

Retainer and/or Contingency (Success) Fee Contract

Retainer and contingency fee contracts are widely used when consultants are
preparing companies for sales or mergers of firms, notably in privatization operations.
The remuneration of the consultant includes a retainer and a success fee, the latter
being normally expressed as a percentage of the sale price of the assets.

4.

Percentage Contract
These contracts are commonly used for architectural services. They may be also used
for procurement and inspection agents. Percentage contracts directly relate the fees
paid to the consultant to the estimated or actual project construction cost, or the cost
of the goods procured or inspected. The contracts are negotiated on the basis of
market norms for the services and/or estimated staff-month costs for the services, or
competitively bid. It should be borne in mind that in the case of architectural or
engineering services, percentage contracts implicitly lack incentive for economic
design and are hence discouraged. Therefore, the use of such a contract for
architectural services is recommended only if it is based on a fixed target cost and
covers precisely defined services (for example, not works supervision).

5.

Indefinite Delivery Contract (Price Agreement)

These contracts are used when Procuring Entities need to have on call specialized
services to provide advice on a particular activity, the extent and timing of which
cannot be defined in advance. These are commonly used to retain advisers for
implementation of complex projects (for example, dam panel), expert adjudicators for
dispute resolution panels, institutional reforms, procurement advice, technical
troubleshooting, and so forth, normally for a period of a year or more. The Procuring
Entity and the firm agree on the unit rates to be paid for the experts, and payments
are made on the basis of the time actually used.

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Liquidated Damages

What happens when the consultant fails to satisfactorily complete the

services required under the contract?
When the consultant fails to satisfactorily complete the services required under the contract
within the specified period, inclusive of duly granted time extensions, if any, the consultant
shall be liable for damages for the delay. Consequently, it will have to pay the Procuring
Entity liquidated damages in an amount equal to one-tenth (1/10) of one percent (1%) of the
cost of unperformed portion for every day of delay. (IRR-A Section 68)
In no case shall the sum of liquidated damages reach ten percent (10%) of the contract
amount. If it does, the contract shall automatically be rescinded by the Procuring Entity,
without prejudice to other courses of action and remedies open to it. The Procuring Entity
may also take over the contract or award the same to a qualified consultant through
negotiation. In addition to the liquidated damages, the erring consultants performance
security shall also be forfeited.
In case the delay in the completion of the services exceeds ten percent (10%) of the specified
contract time plus any time extension duly granted to the consultant, the Procuring Entity
may rescind the contract. It then forfeits the consultants performance security and takes
over the prosecution of the contract or award the same to a qualified consultant through
negotiated procurement.

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Incentive Bonus
Can a Procuring Entity give incentive bonuses to consultants?
No incentive bonus, in whatever form or for whatever purpose, shall be allowed.13 (IRR-A
Section 42.4)

13

For FAPs, any allowable incentive bonus would be provided in the standard bidding documents for the project.
However, an incentive bonus is generally allowed only when it would be of benefit to the Procuring Entity. The option to
grant incentive bonus is given by the IFIs to the Procuring Entity.

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Subcontracting

Is subcontracting allowed for the procurement of consulting services?

The consultant may subcontract work relating to the project to an extent and with such
specialists and entities as may be approved in advance by the Procuring Entity, provided that
it submits to the Procuring Entity for prior approval the text of any proposed subcontract and
any amendments thereto which may subsequently be proposed. It is suggested that the work
subcontracted should not be a material or significant portion of the project, or should not
exceed twenty percent (20%) of the total project cost. Notwithstanding the approval of the
subcontract, the consultant should retain full responsibility for the project and for the content
of all reports required therefor. In the event that any subcontractor is found by the Procuring
Entity to be incompetent or incapable in discharging assigned duties, the Procuring Entity may
request the consultant to provide a replacement, with qualifications and experience
acceptable to the Procuring Entity, or to resume the performance of the work itself.
All subcontracting arrangements should be disclosed at the time of bidding, and
subcontractors shall be identified in the bid submitted by the bidder. For them to be allowed
to do so, subcontractors should also pass the eligibility check for the portions of the contract
that they will undertake.

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Suspension of Work

Can the Procuring Entity suspend services on a project?

The Procuring Entity may, by written notice of suspension to the consultant, suspend all
payments to the consultant if the consultant fails to perform any of its obligations due to its
own fault or due to force majeure or other circumstances beyond the control of either party,
e.g. suspension of civil works being supervised by the consultant, under the contract,
including the carrying out of the services, provided that such notice of suspension:
1.

Shall specify the nature of the failure; and

2.

Shall request the consultant to remedy such failure within a period not exceeding
thirty (30) days after receipt by the consultant of such notice of suspension.

Who are the parties involved in the issuance of a Suspension Order?

The following parties are involved in the issuance of a Suspension Order
1.

The PMO or end-user unit;

2.

The Head of the Procuring Entity or his/her duly authorized representative; and

3.

The consultant.

Methodology: How is a Suspension Order issued?

The following steps are undertaken in the issuance of a suspension order by the Procuring
Entity:
1.

The PMO or end-user unit determines the existence of any of the grounds for
suspension enumerated above.

2.

The PMO or end-user unit drafts the suspension order for the approval of the Head of
the Procuring Entity.

3.

The suspension order is issued to the consultant, stating the grounds therefor.

4.

Prior to the expiration of the suspension order, the PMO or end-user unit shall
determine whether or not the grounds for suspension still exist.
a.

If such grounds continue to exist, or if it is no longer practicable to continue

with the work, it shall terminate the work subject of the order or cancel the
delivery of the items subject of such suspension.

b.

If, however, the grounds for suspension no longer exist, and continuation of
the work is practicable, the PMO, with the approval of the Head of the
Procuring Entity or his/her duly authorized representative, shall lift the
suspension order and notify the consultant to proceed with the work/delivery
of items in accordance with the amended contract.

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Can the consultant suspend work?

The consultant may, by written notice of suspension, suspend work on any or all activities
affected by the following:
1.

Failure on the part of the Procuring Entity to deliver government-furnished equipment,

resources, reports or data as stipulated in the contract;

2.

Peace and order conditions that make it extremely dangerous, if not impossible, to
work, provided that the consultant secures a written certification from the Philippine
National Police station that has responsibility over the affected area, as confirmed by
the Department of the Interior and Local Government Regional Director, that such
conditions exist; or

3.

Delay in the payment of consultants claim for progress billing beyond forty five (45)
calendar days from the time the consultants claim has been certified by the Procuring
Entity as being supported by complete documentation and a notice from the
consultant has been received by the Procuring Entity that such payment is overdue,
unless there are justifiable reasons which shall be communicated in writing to the
consultants.

When can a Procuring Entity order the resumption of work?

The Procuring Entity can order the resumption of work if the grounds for work suspension no
longer exist and the continuation of the work is practicable.

Should the period when work was suspended be considered in extending

the contract time?
Yes, but only in cases when the total suspension or the suspension of activities along the
critical path is not due to the fault of the consultant. In such cases, the elapsed time between
the effective order suspending operation and the order to resume work shall be considered in
the adjustment/extension of contract time.

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Contract Termination for Default, Unlawful Acts or Insolvency

Legal Reference:
Guidelines on Termination of Contracts, approved by the GPPB through Resolution 018-2004,
dated December 22, 2004.

When may a Procuring Entity terminate a contract for default?

The Head of the Procuring Entity may terminate a contract for default when any of the
following conditions attend its implementation:
1.

Outside of force majeure, the consultant fails to deliver or perform the outputs and
deliverables within the period/s specified in the contract, or within any extension
thereof granted by the Procuring Entity pursuant to a request made by the consultant
prior to the delay;

2.

As a result of force majeure, the consultant is unable to deliver or perform a material

portion of the outputs and deliverables for a period of not less than sixty (60)
calendar days after the consultants receipt of the notice from the Procuring Entity
stating that the circumstance of force majeure is deemed to have ceased; or

3.

The consultant fails to perform any other obligation under the contract.

The rescission of the contract shall be accompanied by the confiscation by the Procuring Entity
of the consultants performance security. The consultant will also be recommended for
blacklisting. The consultant shall be paid on a quantum meruit basis.

May a Procuring Entity terminate a contract by reason of Unlawful Acts?

The Procuring Entity may terminate the contract in case it is determined prima facie that the
consultant has engaged, before or during the implementation of the contract, in unlawful
deeds and behaviors relative to contract acquisition and implementation. Unlawful acts
include, but are not limited to, the following:
1.

Corrupt, fraudulent, collusive and coercive practices;

2.

Drawing up or using forged documents;

3.

Using adulterated materials, means or methods, or engaging in production contrary to

rules of science or the trade; and

4.

Any other act analogous to the foregoing.

The consultant shall be paid on a quantum meruit basis.

May a Procuring Entity terminate a contract by reason of Insolvency?

Yes. The Procuring Entity should terminate the contract if the consultant is declared bankrupt
or insolvent as determined with finality by a court of competent jurisdiction. In this event,
termination will be without compensation to the consultant, provided that such termination
will not prejudice or affect any right of action or remedy which has accrued or will accrue
thereafter to the Procuring Entity and/or the consultant.

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Under what conditions and how may a consultant terminate its contract
with a Procuring Entity?
The consultant may terminate its agreement with the Procuring Entity if the latter is in
material breach of its obligations pursuant to the contract and has not remedied the same
within sixty (60) calendar days following its receipt of the consultants notice specifying such
breach.
The consultant must serve a written notice to Procuring Entity of its intention to terminate the
contract at least thirty (30) calendar days before its intended termination.
In cases of termination, the Procuring Entity shall return to the consultant its performance
security and unpaid claims.

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Contract Termination for Convenience

May termination be allowed for reasons other than those attributable to the
consultant?
The Procuring Entity, by written notice sent to the consultant, may terminate the contract, in
whole or in part, at any time for its convenience. The notice of termination shall specify that
the termination is for the Procuring Entitys convenience, the extent to which performance of
the contractor under the contract is terminated, and the date upon which such termination
becomes effective.

What circumstances may constitute sufficient grounds to terminate a

contract for convenience?
Any of the following circumstances may constitute sufficient grounds to terminate a contract
for convenience:
1.

If physical and economic conditions have significantly changed so as to render the

project no longer economically, financially or technically feasible, as determined by
the Head of the Procuring Entity;

2.

The Head of the Procuring Entity has determined the existence of conditions that
make project implementation impractical and/or unnecessary, such as, but not limited
to, fortuitous event/s, changes in laws and government policies;

3.

Funding for the project has been withheld or reduced by higher authorities through no
fault of the Procuring Entity; or

4.

Any circumstance analogous to the foregoing.

Also see the Guidelines on Termination of Contracts approved by the GPPB in Resolution 0182004, dated December 22, 2004.

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Warranty

What is a warranty and when is it required?

A warranty is an assurance that the consultant who prepared the design or undertook
construction supervision for the project shall be held liable when structural defects and/or
failures arise during the applicable warranty period due to faulty and/or inadequate design
and specifications as well as construction supervision. It is required of a consultant for
detailed engineering design and construction supervision, but may also be incorporated as a
provision of the contract for other consulting services, as mutually agreed upon by the
consultant and the Procuring Entity. (Please refer to the Warranty Section of the Manual on
the Procurement of Infrastructure Projects for a more detailed discussion on the Warranty.)

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Manual of Procedures for the Procurement of Consulting Services

ANNEX
Frequently Asked Questions

Page 106 of 108

Frequently Asked Questions

Q1:

Does procurement of consulting services cover janitorial, security and copying

services?

A1:

These services, and other general services, are not covered under procurement of
consulting services but under procurement of goods. (IRR-A Section 5 [k])

Q2:

Can foreign consultants be hired?

A2:

If the services required for the project are within the expertise and capability of
Filipino consultants, then Filipino consultants shall be hired.
In case Filipino
consultants do not have sufficient expertise and capability to render the required
services, as determined by the head of Procuring Entity, then foreign consultants may
be hired. (IRR-A Section 24.5.2)

Q3:

Are all consulting services procurements required to be advertised in the newspapers?

A3:

For contracts with ABC of P1,000,000 or less, or those whose duration is four months
or less, advertisement in the newspapers may be dispensed with. However, the
Invitation to Apply for Eligibility and to Bid still has to be posted in the agency
website, the PhilGEPS, and in conspicuous places in the agency premises. (IRR-A
Section 21.2.3)

Q4:

What is the process of short listing?

A4:

The objective of short listing is to determine the most qualified consultancy firms to
undertake the project. Using the eligibility documents submitted by the eligible
bidders as basis, eligible bidders may be included in the short list taking the following
into consideration: extensive experience in similar projects; qualifications of top
officials of the firms or the experts proposed to be engaged for the project; and job
capacity. (IRR-A Section 24.15.3) Short listing is undertaken primarily due to the
substantial cost incurred by a bidder in preparing a proposal. If all eligible bidders are
invited to submit proposals, the chance of a firm getting the award diminishes greatly.
This discourages a firm from participating because the effort in terms of time and
money is not commensurate to the probability of getting the award. A short list of,
say, five (5) greatly increases the chance of a firm and is thus encouraged to put in
more time and effort in preparing a good proposal.

Q5:

Can the BAC declare a failure of bidding if the number of firms short listed is less than
the number agreed upon during the pre-procurement conference?

A5:

Should less than the required number apply for eligibility and short listing, pass the
eligibility check, and/or pass the minimum score required in the short list, the BAC
shall proceed with the bidding process. (IRR-A Section 24.15.2) Even if only one
firm passes short listing, the firm shall be requested to submit a bid and it shall be
considered for award if the bid is responsive to the bidding requirements. (IRR-A
Section 36)

Q6:

Can a bidder be disqualified for failure to attend the pre-bid conference?

A6:

No, attendance of the bidder is not mandatory. (IRR-A Section 22.2)

Q7:

Who determines if the evaluation procedure is Quality-Based or Quality-Cost Based?

A7:

The Head of the Procuring Entity shall have the option as to the evaluation procedure
to be adopted for the selection of consultants. (IRR-A Section 33.3.1)

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Q8:

What is the formula for computing the points for the financial proposal under the
quality-cost based evaluation procedure?

A8:

The IRR does not provide a formula but the most widely adopted scoring method is
that the financial proposal with the lowest cost automatically gets 100 points,
assuming it is within the ABC. The scores of the other financial proposals are
determined by pro-rating their costs with that of the lowest financial proposal.

Q9:

Is the replacement of key staff to be assigned to the project allowed before awarding
of contract?

A9:

There should be no replacement of key personnel before the awarding of contract,

except for justifiable reasons, such as delay in the evaluation process due to the fault
of the Procuring Entity, death or incapacity of the proposed personnel. The Procuring
Entity shall immediately consider negotiation with the next-ranked consultant if
unjustifiable replacement of personnel by the first-ranked firm is made. (IRR-A
Section 33.6)

Q10:

What happens when, at the stage of negotiation, the consultant and the Procuring
Entity have irreconcilable positions on certain terms and conditions of the draft
contract?

A10:

If the consultant and the Procuring Entity fail to come to an agreement, then
negotiations shall be deemed unsuccessful and negotiations with the next-in-rank
consultant shall be undertaken.

Q11:

Why is the posting of bid security and performance security now required?

A11:

Prior to RA 9184 and its IRR-A, posting of bid and performance securities was not
required. However, due to the number of incidents wherein consultancy firms being
considered for award have refused to accept the award or have simply abandoned
their consultancy assignments, the posting of such securities have not been required
to serve as additional protection for the government and help prevent such incidents
from recurring.

Q12:

Is the privilege granted to provincial bidders to match the bid of a non-provincial

bidder for procurement of infrastructure projects and of goods also applicable to
procurement of consulting services?

A12:

No, the privilege granted to provincial bidders will not apply to procurement of
consulting services, even if the selection of consultant adopted the quality-cost based
evaluation procedure. (IRR-A Section 45.1)

Q13:

Are there alternative methods of procurement that a Procuring Entity may adopt?

A13:

Subject to prior approval by the Head of the Procuring Entity, alternative methods
may be resorted to, that is, limited source bidding and negotiated procurement.
(IRR-A Sections 48.1)

Q14:

How long is the entire process of public bidding for consulting services?

A14:

From advertisement up to issuance of the NTP, the maximum period is estimated to

be thirty (30) weeks, while the minimum period is estimated to be fourteen (14)
weeks. (IRR-A Annex C)

Manual of Procedures for the Procurement of Consulting Services