Rules and Procedures For The Procurement of Infrastructure Projects
Rules and Procedures For The Procurement of Infrastructure Projects
Rules and Procedures For The Procurement of Infrastructure Projects
Adelaida C. Lamadrid
City Budget Officer
Catbalogan City
Definition of Infrastructure Projects
[RA 9184,Sec. 5(k)]
Includes the following:
construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of
roads and bridges, railways, airports, seaports,
communication facilities;
civil works components of IT projects;
irrigation, flood control and drainage;
water supply, sanitation, sewerage and solid waste
management systems;
shore protection;
energy/power and electrification facilities;
national buildings, school buildings, hospital
buildings; and
other related construction projects of the
government. 2
Preparing for the Procurement of
Infrastructure Projects
No bidding and award of contract shall be made
unless the detailed engineering investigations,
surveys and designs, including the acquisition of the
ROW for the project, have been sufficiently carried out
(Section 17.6, RIRR);
Investigations must be duly approved in accordance
with the standards and specifications prescribed by
the HOPE/LCE concerned, or his duly authorized
representative, and in accordance with the provisions
of Annex A of RIRR;
Exception: Design and Build Scheme wherein
bidders are allowed to submit detailed engineering
designs as part of their bids.(GPPB Res. 22-2007)
3
Preparing for the Procurement of
Infrastructure Projects
Feasibility or preliminary engineering
study should be drawn prior to the
conduct of the detailed engineering
investigations, surveys and designs
to establish the technical viability of
the project and its conformance to
land use and zoning guidelines
prescribed by existing laws;
Findings in the feasibility study
should be examined and specific
recommendations for changes in (Lack of feasibility study?)
the design standards of principal features, if desirable,
should be supported by detailed justifications, including
their effects on the cost, and, if necessary, the
economic justification (RIRR, Annex A).
4
Preparing for the Procurement of
Infrastructure Projects
Work under Detailed Engineering shall
include, but not limited to:
1. Design Standards
2. Field Surveys and Investigations
3. Contract Plans
4. Quantities
5. Special Provisions
6. Unit Prices
7. Approved Budget for the Contract
8. Bidding documents as provided for in the IRR.
9. Program of Work
5
Philippine Bidding Documents
Contents:
1. Invitation to Bid (IB);
2. Instructions to Bidders (ITB) (used unchanged);
3. Bid Data Sheet (BDS) (specifies/modifies ITB);
4. General Conditions of Contract (GCC) (used
unchanged);
5. Special Conditions of Contract (SCC)
(specifies/modifies GCC);
6. Specifications
7. Drawings
8. Bill of Quantities;
9. Forms and Qualification Information; and
10. Foreign Assisted Projects
6
Philippine Bidding Documents
PBDs 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 bids and opening of bids;
3. Eligibility requirements;
4. ITB, including criteria for eligibility, bid evaluation and post-
qualification, submission of bids, and opening of bids;
5. Scope of Work (SOW), for services;
6. Form of Bid, Price Form, and Bill of Quantities;
7. Delivery Time or Completion Schedule;
8. Form, amount and validity period of Bid Security;
9. Form and amount of Performance Security and Warranty;
and
10. Form of Contract, GCC and SCC.
7
Philippine Bidding Documents
Specifications and other terms in the bidding
documents reflect only the minimum
requirements or specifications;
This rule is based on the nature of the
procedure used to evaluate the technical
proposals a pass/fail method - such that
the presence or absence of the technical
requirements is the sole basis for determining
technical compliance.
After having established compliance with the
technical specifications, the next factor to
consider would then be the price or financial
bid. 8
Procedural Steps for Procurement
of Infrastructure Projects
from time IB is first posted
7 c.d.
Pre-Procurement
Conference Advertisement Issue Bidding
/Posting Documents
1 c.d.of 50/65 c.d. from last date of advertisement or posting of IB to bid opening
Maximum
Opening Opening
Submission of of Opening of
Eligibility Tech.
Of Bids Financial
Docs and Proposal Pre-Bid
Eligibility & Prel. Proposal
Check
Exam. at least 12 Conference
c.d.
10
10
Pre-Procurement Conference
Forum to discuss all aspects of a specific procurement
activity, which includes:
1. Technical Specifications and Scope of Work;
2. ABC;
3. Applicability and appropriateness of the recommended
method of procurement and the related milestones;
4. Bidding documents; and
5. Availability of the pertinent budget release for the
project.
14
Advertisement and Posting of
Invitation to Bid (IB)
5M
Above
Medium and Frequency
5M
below
Newspaper of General Once in one
Nationwide Circulation newspaper of
general
nationwide
circulation
PhilGEPS website Continuous
posting
PEs Website, if Continuous
available posting
Conspicuous Place
within the premises of For at least 7
the Procuring Entity cd
concerned 15
Advertisement and Posting of
Invitation to Bid (IB)
Distribution and Sale of Bidding Documents:
16
Advertisement and Posting of
Invitation to Bid (IB)
Distribution and Sale of Bidding Documents:
If bidding documents are sold, the BAC shall issue the
Bidding Documents upon payment of the corresponding cost
thereof to the collecting/disbursing officer of the PE concerned
if documents have been downloaded, BAC shall only accept
the submitted bid envelopes, upon payment of the
corresponding bid fee.
17
17
Advertisement and Posting of
Invitation to Bid (IB)
Rates for Sale of Bidding Documents: (GPPB Res 04-2012)
19
19
Pre-Bid Conference
21
21
Supplemental/Bid Bulletin
It is a written response to a request for clarification raised:
During the pre-bid conference or
After the pre-bid conference but at least 10 cd before the
deadline for the submission and receipt of bids.
This shall be made available at least 7 cd before the deadline for
the submission and receipt of bids
22
Supplemental/Bid Bulletin
Supplemental/Bid bulletin must be posted
on:
a.the website of the PE concerned, if
available,
b.and on PhilGEPS.
23
Submission and Receipt of Bids (Sec. 25)
Two-Envelope System (Eligibility
requirements included in the Technical
Proposal)
24
Submission and Receipt
Classification
of Bids (Sec. 25.4)
Maximum Period (cd)
Infra (50M and below) 50
Infra (above 50M) 65
26
Eligibility Requirements (Sec. 23)
_ Legal Documents
DTI / SEC / CDA Registration
Mayors permit from principal place of business
Tax clearance per EO 398s.2005 as finally
reviewed and approved by the BIR (GPPB Res.
No.21-2013 dtd. July30, 2013)
Technical Documents
Statement of all on-going and completed contracts
PCAB license and registration
Unless otherwise stated in treaty or international
or executive agreement
27
Eligibility Requirements (Sec. 23)
Financial Documents
Income Tax Return together with the audited
Financial Statement stamped received by the
BIR (GPPB Res. No. 08-2013)
NFCC computation
28
Eligibility Requirements (Sec. 23)
If Joint Venture -
JVA
If no JVA, sworn statements by each partner
that they will enter into and abide by provisions
of the JVA if awarded the contract
29
Eligibility
Criteria (Sec. 23)
Legal Eligibility
Duly licensed Filipino citizens/sole proprietorships
General rule: 75% Filipino (LOI 630)
If joint venture, less than 75% is allowed if -
Not less than 25% Filipino
Structures to be built require techniques not possessed
by 75% Filipinos
Foreign contractors allowed if stated in treaty or
international or executive agreement
30
Eligibility Criteria (Sec. 23)
Technical Eligibility
PCAB License (RA 4566)
Satisfactory CPES Rating and/or
certificate of completion and
acceptance
31
Eligibility Criteria (Sec. 23)
Technical Eligibility
32
Eligibility Criteria
Capacity to Undertake the Contract:
Exception: Contractors under Small A &
B categories w/out similar experience are
allowed to bid if cost of contract to be bid
is not more than 50% of
Allowable Range of Contract Cost (ARCC)
of his registration;
33
Eligibility Criteria
Financial Eligibility
NFCC at least equal to ABC
34
Bid Security
A bid security must be
submitted with every bid.
operative on the date of bid opening, and
payable to the PE
35
Bid Security
Forms and Corresponding Amounts:
Amount of Bid Security
Form of Bid Security (Equal to Percentage of
the ABC)
1. Cash, cashiers/managers check, bank draft/guarantee Two percent (2%)
confirmed by a Universal or Commercial Bank.
3. Surety bond callable upon demand issued by a surety Five percent (5%)
or insurance company duly certified by the Insurance
Commission as authorized to issue such security.
37
The PE cannot limit the allowable forms of bid security.
Bid Security
Validity of Bid Securities
The validity period should not be more than one
hundred twenty (120) calendar days from the date of
bid opening.
39
Omnibus Sworn Statement (prescribed by GPPB)
Not blacklisted (RIRR Section 25.1)
Docs submitted is an authentic copy of the original, complete, and
that all statements and information provided therein are true and
correct. (RIRR Section 25.2)
Authorization to the head of the PE to verify all documents
submitted (RIRR Section 25.3)
Authorization of representative (RIRR Section 25.4)
Complies with disclosure provision (RIRR Section 25.5)
Complies with responsibilities provided in the PBDs (RIRR Section
25.6)
Complies with existing labor laws (RIRR Section 25.7)
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 govt.
in relation to any proc. project or activity (GPPB Res. No. 22-2013
1. 40
Submission andEnvelope
Second Receipt of Bids (Sec. 25.)
Bid prices in the Bill of Quantities in the
prescribed Bid Form;
Detailed estimates, including a summary
sheet indicating the unit prices of
construction materials, labor rates and
equipment rentals used, indicating also the
direct and indirect costs, in coming up with
the bid; and
Cash flow by quarter and payments
schedule.
41
Evaluation of Bids
Procedure for Bid Evaluation:
After the preliminary examination of bids, the BAC,
through the TWG, shall immediately conduct a detailed
evaluation of all bids rated passed, using a
nondiscretionary criteria, as stated in the IB and the
ITB, which shall include a consideration of the
following:
a) The bid must be complete;
Unless the ITB specifically allows partial bids,
bids not addressing or providing all of the
required items in the bidding documents
including, where applicable, bill of quantities,
shall be automatically disqualified;
Where a required item is provided, but no price
is indicated, the same shall be considered as
non-responsive, but specifying a 0 (zero) for
the said item would mean that it is being offered
for free to the Government; 42
Evaluation of Bids
b) Minor arithmetical corrections to consider
computational errors, omissions and discounts, if
allowed in the bidding documents, to enable proper
comparison of all eligible bids;
Any adjustment shall be calculated in monetary
terms to determine the calculated prices. (RIRR
Section 32.2.1 [b]);
c) All bids shall be evaluated on an equal footing to
ensure fair and competitive bid evaluation;
All bidders shall be required to include the cost
of all taxes, such as, but not limited to, value
added tax (VAT), income tax, local taxes, and
other fiscal levies and duties which shall be
itemized in the bid form and reflected in the
detailed estimates;
Such bids, including said taxes, shall be the
basis for bid evaluation and comparison. (RIRR
43
Sections 32.2.2)
Evaluation of Bids
d) In case of discrepancies between:
1. bid prices in figures and in words, the latter
shall prevail;
2. total prices and unit prices, the latter shall
prevail;
3. Stated total prices and the actual sum of
prices of component items, the latter shall
prevail;
4. unit cost in the detailed estimate and unit
cost in the bill of quantities, the latter shall
prevail. (RIRR Sections 32.2.3)
The corrected per item cost for all items
shall be the basis for the corrected
grand total cost. 44
Evaluation of Bids
Total calculated bid prices, as evaluated and
corrected for computational errors, discounts and
other modifications, which exceed the ABC shall be
disqualified. (RIRR Sections 32.2.4)
After all bids have been received, opened, examined,
evaluated and ranked, BAC shall prepare the
corresponding Abstract of Bids.
All members of the BAC shall sign the Abstract of
Bids and attach thereto all the bids with their
corresponding Bid Securities and the minutes or
proceedings of the bidding. (RIRR Section 32.3);
TWG, with the assistance of the BAC Secretariat,
when directed by the BAC, should prepare the
Evaluation Report, containing details of the
evaluation conducted, preferably within three (3)
calendar days from the date the evaluation was
concluded. 45
Bid Evaluation
NO CONTACT RULE:
47
Post Qualification
48
48
Post Qualification
Criteria to consider during
verification and validation, but not
limited to the following:
Legal Requirements
Technical Requirements
Financial Requirements
49
49
Notice of Award (Sec. 37)
Conditioned on the following:
If joint venture, submission of
JVA
If foreign-funded and stated in
treaty or international or
executive agreement, PCAB
License
Posting of Performance Security
50
Performance Security
Form of Bid and Amt of Bid Amt of
Performance Security Performance
Security (% = ABC) Security
(% = Contract
Price)
a)Cash or
cashiers/manager
s check
2% 10%
b)Bank
guarantee/draft or
Irrevocable LC
c)Surety bond
callable upon 5% 30%
demand
d)Combination of Proportionate to share of form with
the foregoing respect to the total amount of
security 51
Award of Contract
The contract shall be awarded to the bidder with the
LCRB;
Notice of Award should be issued by the HOPE/LCE
within four (4) c.d. for ABC 50M and below; seven (7)
c.d. for ABC above 50M from date of determination of
LCRB;
NOA shall be served personally or by registered mail or
electronically;
In case the Notice of Award is not received personally, its
receipt must be confirmed in writing within two (2) days by the
successful bidder and submitted personally or sent by
registered mail or electronically to the Procuring Entity;
53
Contract Signing and Approval
Documents that form part of the
Contract:
1. Contract Agreement;
2. Bidding Documents;
3. Winning bidders bid, including the
Eligibility requirements, Technical and
Financial Proposals and all other
documents/statements submitted;
4. Performance Security;
5. Notice of Award of Contract; and
54
Contract Signing and Approval
6. Other contract documents that may be
required by existing laws and/or the
procuring entity concerned in the Bidding
Documents, such as the construction
schedule and S-curve, manpower
schedule, construction methods,
equipment utilization schedule,
construction safety and health program
approved by the DOLE and PERT/CPM
for infrastructure projects.
55
Notice to Proceed
Notice to Proceed should be issued, together with a
copy of the approved contract, to the successful
bidder within two (2) c.d. for contracts costing 50M
and below, three (3) c.d. for contracts costing above
50M from date of approval of the contract;
The contract effectivity date shall be provided in the
NTP;
If an effectivity date is provided in the NTP by the PE,
such date shall not be later than seven (7) calendar
days from issuance thereof (RIRR Section 37.4.1);
BAC Sec. shall post a copy of the NTP and approved
contract in the PhilGEPS within 15 CD from issuance
of NTP.
56
Warranty Security (Sec. 62)
Warranty period vs. Warranty security period
Warranty security period for 1 year
Liability per stage
From project construction to final acceptance
From project completion to final acceptance
From final acceptance to warranty security period
57
Warranty
The contractor shall assume full responsibility for the
contract work from the time project construction
commenced up to final acceptance by the Procuring
Entity and shall be held responsible for any damage or
destruction of the works except those occasioned by
force majeure;
59
Warranty
After final acceptance the contractor shall be held
responsible for structural defects and/or failure of the
completed project, except those caused by force
majeure and those caused by other parties;
The contractor shall be required to put up a warranty
security in the form of cash, bank guarantee, letter of
credit, GSIS or surety bond callable on demand in
accordance with the following schedule:
61
Payment
64
Liquidated Damages (Sec. 68)
65
Sealing and Marking of Bids
for Good and Civil Works
Illustration
20.1 Bidders shall enclose their original
eligibility and technical documents described in
ITB Clause 12, in one sealed envelope marked
ORIGINAL - TECHNICAL COMPONENT, and
the original of their financial component in
another sealed envelope marked ORIGINAL -
FINANCIAL COMPONENT, sealing them all in
an outer envelope marked ORIGINAL BID.
ORIGINAL
-
Original TECHNIC
Original
Technic AL
Eligibility
al Componen ORIGINAL
ORIGINAL
t BID
Original -
Financia FINANCIA
l L
Componen
20. 2 Each copy of the first and second envelopes
shall be similarly sealed duly marking the inner
envelopes as COPY NO. ___ - TECHNICAL
COMPONENT and COPY NO. ___
FINANCIAL COMPONENT and the outer
envelope as COPY NO. ___, respectively.
COPY 1-
Copy 1 TECHNIC
Copy 1 Technic AL
Eligibility al Componen
ORIGINAL
t COPY 1
Copy 1 -
Financia FINANCIA
l L
Componen
20.2 These envelopes containing the
original and the copies shall then be
enclosed in one single envelope.
ORIGINAL
BID
COPY 1
Thank you
Comments, questions?
70