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Eligibility Criteria

INFRASTRUCTURE
Must have a PCAB license
Must have completed at least one contract that is similar to the contract to be bid and whose value adjusted to current
price using the NSO consumer price indices website, at least 50% of the ABC to be bid.
NFCC must be at least equal to the ABC.
In the case of small A and B contractors without similar experience on the contract to be bid, they may be allowed to bid
if the cost of such contract is not more than 50% of their registration particular for such category.
Small A - Up to 0.5
Small B - Up to 15
Contractor’s Performance Evaluation System (CPES) rating and/or certificate of completion or owner’s acceptance of the
contract must be satisfactory.
Prospective bidder’s NFCC must be at least equal to the ABC
Class “B” -Joint Venture Agreement; Special license for the JV

To Prove Bidders’ Eligibility?


• Legal Eligibility Documents
• Financial Eligibility Documents
• Technical Eligibility Documents

Pre-bid Conference
• Mandatory if cost is at least P1 million
• technical & financial components
• Maybe extended up to 30 CD depending on the method, nature, or complexity of the contract to be bid
• Observers invited at least 3 CD before conference
Supplemental Bid Bulletin
Request for clarification(s) must be in writing and submitted to the BAC at least ten (10) calendar days before the
deadline set for the submission and receipt of bids.
The BAC shall respond to the said request by issuing a Supplemental/Bid Bulletin, at least seven (7) calendar days before
the deadline for the submission and receipt of bids.
Supplemental/Bid Bulletin shall also be posted on the website of the procuring entity concerned, if available, and on the
G-EPS

Stages of Procurement
Submission, Receipt and Opening
INFRASTRUCTURE
Technical Proposal:
Class A. Eligibility Documents
LEGAL
1. DTI, SEC, CDA
2. Mayor’s permit expired mayor’s permit with OR of application for renewal
3. Tax Clearance
TECHNICAL
1. On-going & completed contracts -SLCC
2. PCAB license registration for the type and cost of the contract to be bid (PCAB categories)
3. Statement of On-going & completed contracts

FINANCIAL
1. Audited Financial Statement
2. Computation of NFCC
Submission, Receipt and Opening (2016 revision)
Mandatory registration under Platinum Membership, where Bidders will submit to PhilGEPS the eligibility documents
(except SLCC and statement of on-going contracts).
PhilGEPS Certificate of Registration will then be submitted to the BAC, instead of the voluminous eligibility documents.

B. Bid Security valid for 120 days


Forms of Bid security
a) Cash or cashier’s/ manager’s check issued by a Universal or Commercial Bank. - Two percent (2%) of the ABC)
b) Bank draft/ guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided,
however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign
bank. - Two percent (2%) of the ABC)
c) Surety bond callable upon demand issued by a surety or insurance company duly certified by Insurance
Commission as authorized to issue such security. - Five percent (5%) of the ABC)
d) Bid Securing Declaration

C. Authority of signatory

OPENING & PRELIMINARY EXAMINATION OF BIDS


First Envelope: Technical Proposal
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 issued by the General Manager or Proprietor if the bidder is a sole proprietor
C. Project Requirements
 Organizational chart
 List of contractor’s personnel
 Manpower schedule
 List of contractor’s equipment units
 Equipment utilization schedule
 Construction methods
 Construction schedule PERT/CPM
 Construction safety and health program
 Certificate of compliance with labor laws and standards
D. Omnibus Sworn Statement
 It is not “blacklisted” or barred from bidding by the GOP
 Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original,
complete, and all statements and information provided therein are true and correct;
 authorizing the Head of the Procuring Entity or his duly authorized representative/s to verify all the documents
submitted
 signatory is the duly authorized representative of the prospective bidder, and granted full power and authority
 complies with the disclosure provision: bidder that it is not related to the Head of the Procuring Entity, members
of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit, and the project
consultants, by consanguinity or affinity up to the third civil degree
 complies with the responsibilities of a prospective or eligible bidder
 complies with existing labor laws and standards
 It did not give or pay, directly or indirectly, any commission, amount, fee, or any form of consideration,
pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to
any procurement project or activity.

Financial Proposal: (2nd envelope)


 Bid in the Financial Bid form
 Bid in the Bill of Quantities
 Detailed Estimate
 Cash Flow by quarter & Schedule of Payments
 Any other document required in the Bid Data Sheets
CONTRACT REVIEW CHECKLIST– INFRASTRUCTURE

Documents
√/x Remarks
(per COA Circular No. 2009-001 and other related laws and rules)
a) Authenticated photocopy of the Approved APP and any amendment
thereto – Post Audit
b) Copy of the document containing the Detailed Breakdown of the
Approved Budget of the Contract (ABC) including the detailed
breakdown of estimates and or unit cost analysis/derivation for each
work item expressed in volume/area/lumpsum/lot
c) Minutes of Pre Procurement Conference
d) Invitation to apply for eligibility and to Bid,
1) Copy of newspaper advertisement ,if any,
2) Copy of IAEB posted in conspicuous place,
3) Certification of BAC posting in conspicuous places
4) Evidence of posting in the agency website,
5) Evidence of Posting in the PhilGEPS.
e) Invitation to Observer
1) COA
2) Others
f) Letter of Intent
g) Eligibility documents and Eligibility Data Sheet
h) Eligibility Requirements,
Eligibility Documents
1) Class A documents
1. Registration certificate from SEC, DTI for sole proprietorship or CDA
for cooperatives, or any proof of such registration as stated in the
bidding documents
2. Mayor’s permit issued by the city or municipality where the principal
place of business of the prospective bidder is located
3. Statement of the prospective bidder of all its ongoing and
completed government and private contracts, including contracts
awarded but not yet started, if any whether similar or not similar in
nature and complexity to the contract to be bid, within the relevant
period as provided in the bidding documents. The statement shall
include all information required in the PBDs prescribed by the GPPB.
The statement shall be supported by the Constructors Performance
Evaluation System (CPES) rating sheets and /or certificates of
completion and owner’s acceptance
4. Unless otherwise provided in the BDS, valid Philippine Contractors
Accreditation Board (PCAB) License and registration for the type and
cost of the contract for this project. (RA 4566)
5. The prospective bidder’s audited financial statements, showing
among others, the prospective bidder’s total and current assets and
liabilities, stamped received by the BIR or its duly accredited and
authenticated and authorized institutions, for the preceding
calendar year which should not be earlier than two (2) years from
the date of bid submission.
6. The prospective bidder’s computation for its Net Financial
Contracting Capacity (NFCC) (Credit line commitment or CLC was
removed per GPPB02-2014), which must be at least equal to the ABC
to be bid
NFCC = Current assets minus current liabilities (K) minus the value
of all outstanding or uncompleted portions of the projects under
on-going contracts, including awarded contracts yet to be started
coinciding with the contract to be bid.
7. Tax clearance per EO No. 398 s. of 2005
2.) Class “B” Documents
Valid joint venture agreement (JVA), in case the joint venture is
already in existence
Technical Documents
1. Bid security in the prescribed form, amount and validity period
(either of the ff.)
a) Bank draft/guarantee or irrevocable letter of credit
b) Cash or cashier’s/Manager Check
c) Surety Bond-Shall be accompanied by a certification by the
insurance commission that the surety or insurance company is
authorized to issue such instruments.
d) Bid Securing Declaration
Documents
√/x Remarks
(per COA Circular No. 2009-001 and other related laws and rules)
2. Project Requirement which shall include the following:
a) Organizational Chart for the contract to be bid
b) List of contractor’s personnel to be assigned to the contract to
be bid, with their complete qualification and experience data.
c) List of contractor’s equipment units, which are owned, leased
and/or under purchase agreements, supported by certification
of availability of equipment from the equipment lessor/vendor
for the duration of the proj.
d) Omnibus Sworn Statement in accordance with Sec. 25.2 (a) (iv)
of the IRR of RA 9184 and using the form prescribed in Section
IX-Bidding Forms.
i) Result of Eligibility Check Screening
j) Bidding Documents(Sec. 17.1, IRR-A, RA 9184 which includes:
1) Complete set of approved plans/drawings
2) Technical specifications for infrastructure projects, complete
Technical description of equipment if goods
3) Items not included in DPWH specification should have an
approved construction procedures and technical specifications
4) Disposal location of unsuitable/excavated materials
5) Classification of materials in Removal Structures, if applicable
6) Kinds of paint materials for every surface.
k) Minutes of Pre-bid Conference, if applicable,
l) Agenda and/or Supplemental Bid, Bulletin, if any,
m) Bidders Financial Proposals,
a) Financial Bid Form in accordance with the form prescribed in Sec.
IX-Bidding Forms
b) Any Other document related to the financial component of the
bid as stated in the BDS.
n) Minutes of Bid Opening
o) Minutes of Rebidding, if applicable)
p) Abstract of Bids,
q) BAC resolution declaring winning bidder,
r) Notice of Post Qualification and submission of the ff.:
1. Latest Income or Business Tax return
2. Certificate of PhilGEPS Registration
3. Other Appropriate licenses and Permits
s) Post Qualification Report of the Technical Working Group,
t) BAC Resolution recommending approval
u) Notice of Award
v) Evidence of posting of Notice of award
w) Contract Agreement,
a) Special Conditions of Contract
b) General Conditions of Contract
x) Performance Security, any of the ff.
1) Cash or Cashier’s Check 5%
2) Bank draft/guarantee or irrevocable letter of credit 5%
3) Surety Bond callable upon demand duly certified by the
insurance commission as authorized to issue such security. 30%
4) Any combination of the foregoing.
y) Program of Work and Detailed Estimates
z) Certificate of Availability of Funds, Obligation Request
aa) Notice to Proceed
bb) Such Other Documents peculiar to the contract and/or to the mode of
procurement and considered necessary in the auditorial review and in
the technical evaluation thereof.
1) Cash Flow by Quarter and Payment Schedule
2) Construction Schedule and S-Curve
3) Copy of the Approved PERT/CPM Network Diagram and detailed
computation of contract time.
4) Manpower Utilization Schedule
5) Equipment Utilization Schedule
6) Dated pictures taken of site “before” construction of items of
work: Canals, Riprap, Clearing and grubbing, Roadways and
drainage excavation, location of building, for demolition of old
building/structures.
Documents
√/x Remarks
(per COA Circular No. 2009-001 and other related laws and rules)
7) Copy of the document containing the detailed breakdown of the
Approved Budget for the Contract (ABC) including the detailed
breakdown of estimates and/or unit cost analysis derivation for
each work item expressed in volume/area/lumpsum/lot.
8) Copy of the document containing the Detailed breakdown of
original contract cost including the detailed breakdown of
estimates and or unit cost analysis/derivation for each work items
expressed in volume/area/lump sum/lot.
9) Copy of the complete set of approved plans/drawing including site
development plan, profile sheet, typical section and details of
roadway, drainage details where applicable, structural plans at
appropriate scale indicating all details necessary in order that the
complete structure can be set out and constructed.
10) Quantity Sheet – Mathematical computations on how each
quantity under every item of work were derived at. Derivation of
area (lengthxwidthxthickness; end area method; of the items of
work: Removal of Structures, Structure Excavation, Structural
concrete, Reinforcing Steel Bars, and Laid Rock Embankment,
PCCP, etc.
11) Certification from concerned government official who prepared
and approved the detailed engineering that the detailed
engineering surveys and designs have been conducted according
to the prescribed agency standard and specifications in
conformance with the provisions of this Annex, and that the
detailed engineering output are adequate for the procurement at
hand.
12) Hauling computation/analysis when applicable
13) Site Inspections
Documentary Reqmts
. Bid Opening

 Minutes of Bid Opening


 BAC Sec. certification that bidder’s Class A docs are updated and current
 Checklist of Class A -Eligibility-Legal Documents
 Checklist of Class A -Eligibility-Technical Documents

 Checklist of Eligibility Financial Documents


 Class B Document (Valid JVA)
 Checklist of Technical Documents (1st Envelope)
 Checklist of Financial Proposal (2nd Envelope)

Bid Evaluation
• Purpose: To determine LCB to be subjected to post-qualification
• 2 steps:
1) Preliminary Evaluation (right after bid opening) – use of checklist; non-discretionary “pass/fail” criteria
2) Detailed Evaluation
• Entire evaluation not to exceed 7 CDs
• BAC to prepare Abstract of Bids; all BAC members present shall sign Abstract of Bids; Abstract of Bids supported
by all bids, minutes of bid opening and evaluation

Section 30.2
► if bidder passed the 1st envelope, then open the financial proposal
► within the same day
► bid “fails” if any requirement in the 2nd envelope is lacking or if bid price exceeds ABC
► only “passed” bids (for both envelopes) shall be considered for evaluation and comparison
► done for all bids that “passed” Preliminary Examination
► use non-discretionary pass/fail criteria, consider the following:
a. completeness – i.e. no partial bids unless allowed in the ITB; bids not providing all items considered non-responsive;
no price = non-responsive; zero = free
b. correction of minor arithmetical errors

► evaluate bids on equal footing


► all taxes/levies deemed included in the bid price
► In case goods are grouped in separate lots, comparison of bids shall be:
► Per lot
► Combination of lots
► Total of all lots (in a manner most advantageous to the Procuring Entity)
[Note: Procurement by lot is now being institutionalized]

Ranking of Bids
Abstract of Bids
• As Read
• As Calculated

Mandatory Review (Sec. 35.2)


In order to determine the reason for the failed bidding, BAC shall conduct mandatory review and evaluation of the
terms, conditions and specifications in the bid docs, including its cost estimates

Based on its findings, BAC shall revise the terms and conditions and specifications, and if necessary, adjust the ABC,
subject to the required approvals, and conduct re-bidding with required advertisement and/or posting

Bid Evaluation and Ranking Documentary Reqmts


 Bid Evaluation Report of the BAC
 Abstract of Bids as Read/As Calculated
 BAC Notice to LCB and non-LCB bidders
 Mandatory Review Report after 1st failure
29. Post-Qualification
► Verify, Ascertain, Validate the legal, technical, and financial documents.
► Determination of the LCRB and recommend for award at its submitted or calculated price, whichever is lower
► If the LCRB fails, the next LCB shall be post-qualified.
► 3 days (non-extendible) from notice of LCB, submit the ff:
► [Tax clearance – now a legal eligibility document under GPPB Res. No. 21-2013]
► Latest income and business tax returns [within 6 mos. preceding date of bid submission – BDS
29.2 (b)] filed under the EFPS
► Certificate of PhilGEPS registration (now req’d even for alternative modes)
► Other appropriate licenses & permits required by law & stated in the Bid Docs. (Sec. 34.2, IRR)

Grounds for Rejection of Bids


a) prima facie evidence of collusion, including any act which restricts, suppresses or nullifies or tends to restrict,
suppress of nullify competition
b) if BAC failed to follow the prescribed bidding procedures
c) where award of the contract will not redound to the benefit of the government, i.e.
- significant change in physical and economic conditions as to render the project no longer economically, financially or
technically viable, as determined by HOPE
- if project is no longer necessary, as determined by HOPE
- if source of funds for the project has been withheld or reduced through no fault of the PE
Grounds for Failure (Section 35.1):
a) no bids are received
b) all bidders declared ineligible
c) all bids fail to comply with all the bid requirements or post-qualification
d) LCRB refuses, without justifiable cause, to accept the award

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