REPUBLIC ACT NO.

9184,
OTHERWISE KNOWN AS THE
GOVERNMENT PROCUREMENT
REFORM ACT
Group 4:
Bicomong, Lourdes Liezl M.
Carandang, Amielle R.
Cortez, Jamaica C.
Delgado, Joseph Ian C
Estorel, Maria Vernie Q.
Guevarra, Kirby Clifford C.
INVITATION TO BID
 Pre-Procurement Conference
• Purpose: Determine readiness to proceed
with the bidding process
• Conducted before advertisement/posting of the Invitation to
Bid

• Mandatory for the procurement of Goods with ABC above

Php 2M;
• Attended by the following:
a.BAC
b.BAC Secretariat
c.TWG
d.Consultants
e.End-user unit/Other officials
 Contents of the Invitation to Bid
I. Name of contract to be bid and brief description of the goods to
be procured;
II. A general statement on the criteria to be used for eligibility
check, evaluation of bids, and post-qualification;
III. The date, time and place of the deadline for submission and
receipt of the eligibility requirements and bids; pre-bid
conference, if any, and the opening of bids;
IV. The ABC;
V. The funding source;
 Contents of the Invitation to Bid
VI. Period of availability of bidding documents, place where they
may be secured, the website where bidding documents may
be downloaded, and price where applicable;
VII. Contract duration or delivery schedule;
VIII. The name, address, telephone number, fax number, e-mail,
and website address of the procuring entity and designated
contact person;
IX. The Reservation Clause; and
X. Other necessary information deemed relevant by the
procuring entity.
Advertising and Posting of Invitation to Bid
• At least once in one (1) newspaper of general nationwide
circulation, which has been regularly published for at least two
(2) years before advertisement date;.

“To be a newspaper of general nationwide circulation, it is

enough that it is published for the dissemination of local
news and general information, that it has a bona fide
subscription list of paying subscribers, and that it is
published at regular intervals. Over and above all these, the
newspaper must be available to the public in general, and
not just to a select few chosen by the publisher.” (Efren L.
Alvarez vs. People of the Philippines; G.R. No. 192591; June
29, 2011)
Advertising and Posting of Invitation to Bid
• Not required for projects with ABC of 2M and below

• Posted continuously for 7 calendar days –

a. PhilGEPS;
b. website of the PE, if any; and
c. At any conspicuous place in the premises of
the PE.
 Penalty for Non-Posting
• E.O. No. 662 dated 27 Sept. 2007, as amended by E.O. No. 662-
A & 662-B, reiterated posting of all procurement opportunities
and awards, and other related information in the PhilGEPS
bulletin board;

• Failure to post the Invitation to Bid in the PhilGEPS will hold

accountable officials, particularly the BAC, liable for dereliction
of duty and conduct grossly prejudicial to the best interest of
the service, without prejudice to other charges, whether
administrative, civil or criminal, that may be filed under
appropriate laws and regulation.
 Pre-Bid Conference
• Mandatory for projects with ABC of 1M or more;
• Held at least 12cd before deadline for bid submission. For
complex items as to method and nature of the contract, PBC may
be held at least 30cd before deadline for bid submission.

• At the option of procuring entity, only bidders who purchased bid

documents are allowed to attend or ask questions

• Attendance of prospective bidders is not mandatory.

 Supplemental Bid Bulletin
• Statements made in pre-bid shall not modify the terms of bidding
documents unless issued as a supplemental/bid bulletin;
• Issued to answer written requests for clarification or interpretation
submitted by prospective bidders at least 10 c.d. before deadline for
bids; or
• Issued also upon BAC’s initiative to clarify or modify any provision of
Bidding Docs.
• Issued by BAC at least 7 c.d. before deadline for submission of bids;
posted in PhilGEPS and agency’s website, if any;
• Bidders who have submitted bids before issuance of
Supplemental/Bid Bulletin to be informed in writing and allowed to
modify or withdraw their respective bids.
 Supplemental Bid Bulletin
• §22.5.2 RA 9184 IRR allows PEs to issue Supplemental/Bid Bulletins
upon their initiative for the purpose of clarifying or modifying any
provision in the Bidding Documents, including the IB.
• Accordingly, PE cannot compel prospective bidders or the winning
bidder to submit or comply with requirements not initially provided
in the Bidding Documents or through any Supplemental/Bid Bulletin
issued by the PE for the project that must be posted at the PhilGEPS’
and the PE’s website.
In the event no supplemental/bid bulletin was issued and posted, the original
provisions contained in the Bidding Documents remain and the prospective bidder,
including the winning bidder cannot be compelled to abide or comply with the
changes made by the PE. (NPM 24-2013)
 Modification and Withdrawal of Bids
• A bidder may modify its bid, provided it is done before the deadline
for the submission and receipt of bids;
• A bidder modifying his bid will only be allowed to send another bid
equally sealed, properly identified, linked to the original and marked
as a “modification”;
• Bid modifications received after the deadline shall not be considered
and shall be returned to the bidder unopened;
• A bidder may withdraw his bid before the deadline for the receipt of
bids;
• The bidder who withdraws its bid shall not be permitted to submit
another bid, directly or indirectly, for the same contract.
Submission and
Receipt of Bids
 Receipt and Opening of Bids
• BAC opens bid envelopes in public to determine each bidder’s
compliance with the documents required to be submitted;

• BAC shall check the submitted documents of each bidder against a

checklist of required documents using a non-discretionary “pass/fail”
criteria

• If a bidder submits the required documents, it shall be rated

“passed” for that particular requirement.

• Bids that fail to include any of the requirement or are incomplete or

patently insufficient shall be considered as “failed”.
 Eligibility Requirements
Class “A” Documents
SEC/DTI/CDA Registration Certificates;

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 Eligibility Requirements
Class “A” Documents
Mayor’s Permit

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 Eligibility Requirements
Class “A” Documents
Tax clearance per Executive Order 398, series of 2005, as
finally reviewed and approved by the BIR;
(GPPB Resolution No.21-2013)

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 Eligibility Requirements
Class “A” Documents
Net Financial Contracting Capacity; and Audited
Financial Statement

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 Eligibility Requirements
Class “B” Documents
Joint Venture Agreement or notarized statement from the partners
that they will enter into joint venture if awarded the contract.

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 Eligibility Requirements
I. THE FIRST ENVELOP (Technical Proposal)
⮚ Preliminary Conceptual Design Plans in accordance with the degree of details
specified by the procuring entity;
⮚ Design and construction methods;
⮚ List of design and construction personnel, to be assigned to the contract to be
bid, with their complete qualification and experience data; and
⮚ Value engineering analysis of design and construction method.
II. THE SECOND ENVELOP (Financial Proposal)
⮚ Lump sum bid prices, which shall include the detailed engineering cost, in the
prescribed Bid Form;
⮚ Detailed estimates including a summary sheet indicating the unit prices of
construction materials, labor rates and equipment rentals used in coming up with
the bid; and
⮚ Cash flow by the quarter and payments schedule.
BID EVALUATION
 Bid Evaluation for the Procurement of Goods and Infrastructure
Projects
First-Step Procedure:
• Review of the preliminary conceptual designs and track record submitted by the
contractor
• Make an oral presentation within fifteen (15) calendar days after the deadline for
submission of technical proposals.

Second-Step Procedure:
• Only those bids that passed the above criteria shall be subjected to the second step of
evaluation.
• The BAC shall open the financial proposal of each “passed” bidder and shall evaluate it
using non-discretionary criteria - including arithmetical corrections for computational
errors - as stated in the Bidding Documents, and thus determine the correct total
calculated bid prices.
• The BAC shall automatically disqualify any total calculated bid price which exceeds the
ABC.
• The total calculated bid prices (not exceeding the ABC) shall be ranked, in ascending
order, from lowest to highest. The bid with the lowest total calculated bid price shall
be identified as the Lowest Calculated Bid (LCB).
 POST-QUALIFICATION
and
AWARD OF THE CONTRACT
 POST-QUALIFICATION and AWARD OF THE
CONTRACT
• The LCB shall be subject to post-qualification in accordance with Section
34, Rule X of this IRR to determine its responsiveness to the eligibility and
bid requirements.
• If after post-qualification the Lowest Calculated Bid is determined to be
post-qualified it shall be considered the Lowest Calculated and
Responsive Bid (LCRB) and the contract shall be awarded to the bidder.
• In case of post-disqualification of the LCB, the procedure under Section 34
shall also be followed.
• The Head of the Procuring Entity shall approve or disapprove the
recommendations of the BAC within a period not exceeding fifteen (15)
calendar days from the determination and declaration by the BAC of the
LCRB.
• The Head of the Procuring Entity concerned shall award the contract to
the said bidder pursuant to the provisions of Section 37, Rule XI of this
IRR.