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Exception:
Alternative
Procurement.
Methods
of
COMPETITIVE BIDDING
WHAT IS COMPETITIVE BIDDING?
It is a method of procurement which is open to
participation by any interested party and which
consists of the following processes: eligibility
screening of prospective bidders, evaluation of bids,
post-qualification, and award of contract. (Section
COMPETITIVE BIDDING
Garcia vs. Burgos (291 SCRA 546)
COMPETITIVE BIDDING
Municipal Order requiring an accreditation process
for Bidders as a condition precedent for their
participation in procurement activities of the local
government unit runs counter RA 9185 and its IRR
would limit the participation of bidders only to those
accredited suppliers, to the exclusion and prejudice of
other bidders in the market, it in fact contravenes the
very basic principles of competitive bidding. (NPM
47-2013)
Submission of
Bids
Bid Evaluation
& Ranking
Advertisement
Pre-Bid
Conference
Opening of
1st Env. - Eligibility
Docs & Technical
Proposal
Opening of 2nd
Envelope Financial
Proposal
Post-qualification
Award of
Contract
I. PRE-PROCUREMENT
CONFERENCE
Purpose: Determine readiness of procurement
II. ADVERTISEMENT/POSTING OF
THE INVITATION TO BID
Importance:
II. ADVERTISEMENT/POSTING OF
THE 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.
Posted continuously for 7 calendar days
PhilGEPS
website of the PE, if any.
website of IFI, if applicable.
At any conspicuous place in the premises of the PE.
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II. ADVERTISEMENT/POSTING OF
THE INVITATION TO BID
Above
2M/5M
2M/5M and
below
PhilGEPS website
Conspicuous Place
Medium
11
12
13
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CLARIFICATION OF BIDDING
DOCUMENTS
Supplemental/Bid Bulletins issued by BAC to answer
requests for clarification (query submitted 10 c.d.
before deadline) or interpretation, and upon BACs
initiative to clarify or modify any provision of Bidding
Docs. (at least 7 c.d. before deadline for bids).
Posted in PhilGEPS and PEs website
Bidders who have submitted bids before issuance of
Supplemental/Bid Bulletin must be informed in
writing and allowed to modify or withdraw their
respective bids
15
CLARIFICATION OF BIDDING
DOCUMENTS
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.
PE has the authority to revise or amend any statement in the
Bidding Documents, including the IB, specifically when such revision
or amendment is made for the purpose of clarifying or modifying its
provisions.
Supplemental/Bid Bulletins must be posted in the PhilGEPS and at
the PEs website, in order to address aspects of competition and
transparency. (NPM 46-2013)
16
ADDITIONAL REQUIREMENTS
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 PEs website.
If no Supplemental/Bid Bulletin is issued to reflect changes in the
Bidding Documents, or even if the same was issued but not posted
at the PhilGEPS and PE s websites, 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)
17
Goods
45
50
65
18
20
(NPM 67-2013)
21
24
25
ELIGIBILITY REQUIREMENTS
GOODS
INFRASTRUCTURE
Class A Documents
1. DTI/SEC/CDA
Registration
1. DTI/SEC/CDA
Registration
2. Mayors permit
3. Tax clearance per
Executive Order 398, series
of 2005, as finally reviewed
and approved by the BIR.
4. Statement of ongoing
contracts.
5. Statement of SLCC
2. Mayors permit
3. Tax clearance per
Executive Order 398, series
of 2005, as finally reviewed
and approved by the BIR.
4. Statement of ongoing
contracts.
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5. Statement of SLCC
ELIGIBILITY REQUIREMENTS
GOODS
INFRASTRUCTURE
Class A Documents
5. Audited financial
statement
6. NFCC
6. Audited financial
statement
7. NFCC
Class B Document
JVA or notarized statement from the partners that they
will enter into joint venture if awarded the contract.
27
ELIGIBILITY REQUIREMENTS
Mayors Permit allows an entity to legally perform
the requirements and obligations of the project and
the resultant contract.
It is therefore necessary for the BAC to determine
whether the Mayor s Permit for construction
business issued to the construction company likewise
authorizes it to engage in the business of supplying
dump trucks. (NPM 36-2013)
28
ELIGIBILITY REQUIREMENTS
A valid PCAB license required as an eligibility
requirement for the procurement of infrastructure
projects under Section 23.1 (a) (iv) of the revised IRR
of RA 9184 should be valid at the time of the deadline
for the submission and opening of bids.
The submission of a PCAB license with validity period
after the date of the opening of the bids is a ground
for the prospective bidders disqualification. (NPM 71-
2013)
29
TAX CLEARANCE
EO 398 specifically requires the submission of Tax
Clearance issued by the BIR. It refers to the clearance
issued by the Collection Enforcement Division of BIR
attesting that the bidder has no outstanding Final
Assessment Notice and/or delinquent account.
Hence, submission of tax clearance of the previous year
and application for tax clearance cannot be considered
as compliance. (NPM 02-2013)
30
TAX CLEARANCE
Submission of BIR receipt for renewal of Tax Clearance will not
suffice in lieu of a valid Tax Clearance Requirement since
substitution is not allowed under Section 34.2 of the IRR of RA
9184.
31
TAX CLEARANCE
FOR FOREIGN BIDDERS
A Delinquency Verification Certificate issued to NonResident Foreign Corporations (NRFC)/Non-Resident
Aliens Not Engaged in Trade or Business (NRANETB)
pursuant to BIR RR 3-2005, attesting to the fact that the
taxpayer has no outstanding Final Assessment Notice
and/or delinquent account may be submitted as a form of
Tax Clearance required under Sec 34.2 of the IRR. (NPM
02-2013)
32
33
34
2.
3.
35
36
37
38
INFRASTRUCTURE
39
Exceptions
2. Monopoly
41
Non-expendable Goods
ABC = P1,000,000
ABC = P1,000,000
THUS: Previous contract should be at least THUS: Previous contract should be at least
P500,000
P250,000
EXCEPTION: At least 2 similar contracts
aggregate amount at least equivalent to
required percentage; and Largest of the
similar contracts amounts to at least 50%
of required percentage.
42
PROJECTS
SINGLE
LARGEST
Previous contract
Similar to the contract to be bid out (having the same civil works
components)
43
(NPM 31-2013)
44
AND
INFRASTRUCTURE
45
NFCC COMPUTATION
Net Financial Contracting Capacity (NFCC) =
(current assets - current liabilities) (K) MINUS
(outstanding, uncompleted portions under ongoing
contracts + contracts awarded but not yet started)
(K) = 10 (contract is 1 year or less)
15 (contract is more than 1 year to 2 years)
20 (contract is more than 2 years)
* The values of the bidders current assets and current
liabilities shall be based on the data submitted to the BIR,
through its Electronic Filing and Payment System (EFPS)
46
47
BID SECURITY
48
BID SECURITY
Amount
Form of Bid Security
Bid Security
(% = ABC)
a) Cash or cashiers/managers
check
b) Bank guarantee/draft or
Irrevocable LC
c) Surety bond callable upon
demand
d) Combination of the
foregoing
e) Bid Securing Declaration
2%
5%
Proportionate to share of form with respect to
the total amount of security
No percentage required
49
BID SECURITY
For biddings conducted by LGUs, the
Bidder may also submit bid securities in
the form of cashiers/managers check,
bank draft/guarantee, or irrevocable letter
of credit from other banks certified by the
BSP as authorized to issue such financial
statement.
50
51
53
DISCLOSURE OF RELATIONS
Relatives within the third civil degree of the following
shall be disqualified:
Head of the procuring entity
Members of the BAC, Secretariat and TWG
Head of the end-user unit or project management
office
Project consultants
54
CONFLICT OF INTEREST
The firm that has been engaged 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.
There is conflict of interest when the entity that prepared the
plans/drawings likewise participates in the ensuing procurement
activities for the Project. (NPM 10-2013)
55
56
57
58
60
DOMESTIC PREFERENCE
61
DOMESTIC PREFERENCE
SAMPLE COMPUTATION
Lowest Calculated Bid
Foreign Bidder
Domestic Bidder/Entity
Bid
% Preference
2,653,360.00
3,009,492.00
15%
398,004.00
+ 2,653,360.00
Bid as increased
Result
3,051,364.00
3,009,492.00
VIII. POST-QUALIFICATION
To determine whether bidder with LCB complies with
and is responsive to all requirements and conditions
of eligibility and the bidding of the contract to be
declared the Lowest Calculated and Responsive Bid
(LCRB)
A non-discretionary pass/fail criterion shall be used
to Verify, Validate and Ascertain all statements and
documents (licenses, certificates, etc.)
To be accomplished not more than 7 c.d. from
determination of LCB. (Exceptional cases not to
exceed 30 c.d.)
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VIII. POST-QUALIFICATION
BAC will notify the Bidder with the Lowest Calculated
Bid that it was determined as such.
Within 3 c.d. from receipt of Notice, submit the ff:
1. Latest Income and Business Tax Returns;
2. Certificate of PhilGEPS Registration; and,
3. Other appropriate Licenses and permits required
by law and stated in the Bidding Documents.
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VIII. POST-QUALIFICATION
BAC shall recommend award of contract to the
LOWEST CALCULATED AND RESPONSIVE BID
(LCRB) at submitted price or calculated price,
whichever is lower.
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VIII. POST-QUALIFICATION
The three (3) calendar day period under 34.2 of the
IRR is mandatory and should not be extended.
In case PE accepts the post-qualification documentary
requirements beyond the reglementary period, it must
show that there is a compelling, sufficient, valid,
reasonable, and justifiable cause for such extension, so
that penal sanction or liability will not set in. Applicable
administrative and civil sanctions or liabilities may also
be imposed against the concerned officials. (NPM 272013)
66
VIII. POST-QUALIFICATION
PE may request for the submission of additional
documents from the bidder in support of the information
it has provided in the bidding documents.
However, non-submission of the additional supporting
documents requested cannot be a ground for the
bidders post-disqualification, as a bidder may be postdisqualified only upon ascertainment, validation, and
verification of its non-compliance with the legal,
technical, and financial requirements of the project as
provided in the bidding documents. (NPM 25-2013)
67
VIII. POST-QUALIFICATION
Should PE decides to extend the period, it must show
and provide compelling, sufficient, valid, reasonable,
and justifiable cause. Such valid justification, however,
will only free officials from penal sanction or liability, but
not from applicable administrative and civil sanctions or
liabilities under existing laws, rules and regulations.
(NPM 57-2013)
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FAILURE OF BIDDING
GROUNDS:
1)
2)
3)
4)
No bids received
Bids received but no one was eligible
All bids failed to post qualify
Someone post qualified but refused w/o justifiable
cause to accept the award.
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FAILURE OF BIDDING
EFFECTS:
1) Mandatory review shall be conducted by BAC
2) Based on findings, BAC shall:
Revise terms, conditions, specifications
Adjust ABC, subject to required approvals
3) Re-bidding
4) Re-advertisement
70
71
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PERFORMANCE SECURITY
Posted by winning bidder upon signing of contract to
guarantee performance of obligation, in such form and
amount specified in the Bidding Documents.
EFFECTS OF FAILURE TO POST:
1. Ground for disqualification
2. Next-ranked
LCRB
shall
undertake
postdisqualification
3. Bid security shall be forfeited without prejudice to
the imposition of sanctions
73
PERFORMANCE SECURITY
Submission by the winning bidder of a Performance Security in
the form of a personal check after the signing of the contract
could be considered as a failure to post the Performance Security
in the required form under 39.2 of the IRR and in the required
period for posting under 37.1.4(b) of the IRR.
4.1.5 of the Guidelines provides that the refusal or failure of a
contractor to post the required Performance Security within the
prescribed period is one of the grounds for blacklisting. (NPM 35-
2013)
74
PERFORMANCE SECURITY
Amount
Form of Performance Security
Performance Security
(% equal to the Contract Price)
a) Cash or
cashiers/managers check
5% (Goods ) & 10% (Infra)
b) Bank guarantee/draft or
Irrevocable LC
c) Surety bond callable upon
demand
d) Combination of the
foregoing
30%
Proportionate to share of form with respect to
the total amount of security
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RESERVATION CLAUSE
HOPE reserves the right to:
Reject any and all bids;
Declare a failure of bidding;
Not award the contract.
GROUNDS:
1. Prima facie evidence of collusion;
2. BAC is found to have failed in following the prescribed bidding
procedures;
3. For justifiable reasons, the award of contract will not redound to the
benefit of the Government:
Physical and economic conditions have significantly changed;
Project is no longer necessary
Source of funds for the project has been withdrawn/reduced.
76
NOTICE TO PROCEED
CONTRACT IMPLEMENTATION
GUIDELINES FOR THE
PROCUREMENT OF GOODS,
SUPPLIES AND MATERIALS
78
AMENDMENT TO ORDER
Emergency
Fortuitous event
79
SUSPENSION OF WORK
80
LIQUIDATED DAMAGES
81
LIQUIDATED DAMAGES
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ADVANCE PAYMENT
83
ADVANCE PAYMENT
84
CONTRACT IMPLEMENTATION
GUIDELINES FOR THE
PROCUREMENT OF
INFRASTRUCTURE PROJECTS
85
VARIATION ORDER
Issued in order to cover an increase/decrease in the
quantities for the infrastructure project such as
introduction of new work items.
a) Change Order to cover increase/decrease in
quantities of original work
b) Extra Work Order to cover introduction of
new work necessary for the completion, improvement
/ protection of
the project.
86
VARIATION ORDER
Conditions:
1. Does not exceed 10% of the original contract price.
2. Scope of works shall not be reduced to accommodate
positive variation order.
3. Any cumulative positive variation order beyond 10%
of the original contract price shall be subject of
another contract to be bid out if works are separable
from the original contract.
87
VARIATION ORDER
For an increase/decrease in quantities of work to be covered by
Variation Order, it should be:
within the general scope of the Project as bid and awarded,
due to the change of plans, design, or alignment to suit actual
field conditions resulting in disparity between the
preconstruction plans used for purposes of bidding and the as
staked plans or the construction drawings prepared after the
joint survey by the contractor and the government after award
of contract. (NPM 56-2013)
88
ADVANCE PAYMENT
REQUIREMENTS:
1. Written request of the contractor
2. Submission of :
a. an irrevocable standby letter of credit of equivalent value
from a commercial bank;
b. bank guarantee,; or
c. surety bond
3. Amount not to exceed 15% of the contract price
4. Amount shall be repaid by the contractor
89
ADVANCE PAYMENT
Section 4 of the Contract Implementation Guidelines
for the Procurement of Infrastructure Projects
(Guidelines) under Annex E of the revised
Implementing Rules and Regulations (IRR) of
Republic Act (RA) No. 9184
The President approved an advance payment not
exceeding fifteen percent (15%) of the total contract
price, provided that requirements under Section 4 of
the Guidelines are complied with. (NPM 12-2013)
90
ADVANCE PAYMENT
Advance payment in case of infrastructure projects may be
granted by the procuring entity upon compliance with the
conditions provided in Section 4 of the Guidelines and only for
the purpose of mobilization.
Thus, if the contractor has already mobilized its equipment and
has commenced with the required works under the contract,
advance payment can no longer be provided as doing so already
negates the very purpose of granting such privilege to the
contractor. (NPM 56-2013)
91
PROGRESS PAYMENT
Payments made by the Procuring Entity to the
contractor for portions of the work done.
Contractor may submit:
1.
2.
92
PROGRESS PAYMENT
The procuring entity shall deduct the following from the
certified gross amounts to be paid to the contractor as
progress payment:
1.
2.
3.
4.
5.
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RETENTION MONEY
94
RETENTION MONEY
SUBSTITUTE FOR RETENTION MONEY:
(provided that the project is on schedule and is satisfactorily undertaken)
1. Irrevocable letter of credit from commercial bank
2. bank guarantee or surety bond callable on demand.
95
LIQUIDATED DAMAGES
96
SUSPENSION OF WORK
Contractor or its duly authorized representative shall have the right
to suspend work operation fifteen (15) calendar days from date of
receipt of written notice from the contractor to the district
engineer/regional director/consultant or equivalent official, due to
the following:
1. There exist right-of-way problems.
2. Requisite construction plans which must be owner-furnished are
not issued to the contractor.
97
SUSPENSION OF WORK
3. Peace and order conditions certified in writing by the Philippine
National Police (PNP) and confirmed by the Department of
Interior and Local Government (DILG) Regional Director.
4. Failure on the part of the procuring entity to deliver
government-furnished materials and equipment
5. Delay in the payment of contractor's claim for progress billing
beyond forty-five (45) calendar days from the time the
contractor's claim has been certified
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THANK YOU!!
Contact us:
Unit 2506 Raffles Corporate Center
F. Ortigas Road, Ortigas Center
Pasay City, Philippines 1605
TeleFax: (632)900-6741 to 44
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