1 PHILIPPINE BIDDING DOCUMENTS GOODS AND INFRASTRUCTURE PROJECTS CAPACITY DEVELOPMENT DIVISION Government Procurement Policy Board Technical Support Office (GPPB-TSO )

2 PURPOSE OF PBDs  Scope of work, ABC, duration, outputs of the contract  Minimum legal, technical and financial requirements to be eligible to bid.  Documents and other requirements that bidder must include in his bid.  Process and rules for: submission and receipt of bids, evaluation of bids, post-qualification, and award of contract.  Terms and conditions of contract.

3 INVITATION TO BID (IB) CONTENTS: 1. The date of availability of the Bidding Documents, which shall be from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids; 2. The place where it may be purchased or the website where it may be downloaded; 3. The deadline for the submission and receipt of bids from the last day of posting of the Invitation to Bid; 4. Any important bid evaluation criteria (e.g., the application of a margin of preference in bid evaluation). PURPOSE:  To provide information that enables potential Bidders to decide whether to participate in the procurement at hand.

4 INVITATION TO BID (IB) POSTING REQUIREMENT:  Advertised at least once in a newspaper of general nationwide circulation which has been regularly published for at least two (2) year before the date of issue of the advertisement  Posted continuously PhilGEPS and the PE’s website if available, for a minimum period of 7 calendar days starting on the date of advertisement  Posted at any conspicuous place reserved for this purpose in the premises of the PE concerned for a minimum period of 7 calendar days, as certified by the head of the BAC concerned.

5 INSTRUCTION TO BIDDERS (ITB) NOTE:  Section II contains provisions that are to be used unchanged PURPOSE:  To provide the information necessary for Bidders to prepare responsive bids, in accordance with the requirements of the Procuring Entity.  It also provides information on bid submission, opening, evaluation, and award of contract.

6 ESSENTIAL CONTENTS 1. SCOPE OF BID (as provided in the BDS)  Name of the PE  The name, identification, and number of lots specific to the bidding 2. SOURCE OF FUNDS (as provided in the BDS)

7 ESSENTIAL CONTENTS 3. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE PRACTICES 4. CONFLICT OF INTEREST  The presence of a conflict of interest is a ground for Bidders’ disqualification.

8 ESSENTIAL CONTENTS Disclosure of Relations (Sec. 47, IRR of R.A. 9184).  Bidders should not be related either by consanguinity or affinity up to the 3 rd Civil Degree 1. Head of the Procuring Entity; 2. Members of the BAC, TWG and BAC Secretariat; 3. Head of the PMO or end-user unit; and 4. Project Consultants, if any. Disclosure of Relations (Sec. 47, IRR of R.A. 9184) shall apply to the following persons: 1. Individual/sole proprietor – Bidder 2. Partnerships – all of its officers and members; 3. Corporation – all of its officers, directors and controlling stakeholders; and 4. Joint Venture (JV) – bidder himself/herself, all of its officers and members of partnerships, officers, directors and controlling stakeholders of corporations and partners of the JV.

9 ESSENTIAL CONTENTS 5. ELIGIBLE BIDDERS 6. BIDDER’S RESPONSIBILITIES: (Embodied in the Omnibus Sworn Statement)Omnibus Sworn Statement

10 ESSENTIAL CONTENTS 7. SUBCONTRACTING NOTE: a. Procuring entity shall state in their Bid Docs whether to allow subcontracting arrangements b. Bid docs shall identify portions of the contract which may be subcontracted which shall not exceed the maximum percentage limitations c. Subcontracting shall not relieve the principal from any liability or obligation

11 ESSENTIAL CONTENTS NOTE: d. Subcontractor may be identified at any stage of the bidding process or during contract implementation e. If subcontractor is disclosed during bid submission, bidder shall include the required documents as part of the bid’s technical component. f. Subcontractors must comply with the eligibility criteria and documentary requirements as specified by the PE in their Bid Docs. g. If sub-contractor is ineligible, sub-contracting shall be disallowed.

12 ESSENTIAL CONTENTS 8. SCHEDULE AND VENUE OF BIDDING ACTIVITIES 9. CLARIFICATION AND AMENDMENT OF BIDDING DOCUMENTS, IF ANY SAMPLE BID BULLETIN

13 ESSENTIAL CONTENTS 10. DOCUMENTS COMPRISING THE BID  Eligibility Technical, Financial Components 11. ALTERNATIVE BIDS  Alternative bid is an offer offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. NOTE: Alternative bids shall be rejected.

14 ESSENTIAL CONTENTS 12. BID PRICE AND CURRENCY  All bid prices shall be quoted in PHL Pesos, unless provided in the BDS  Payment of the contract price shall be in PHL Pesos 12. BID VALIDITY

15 ESSENTIAL CONTENTS 14. BID SECURITY NOTE:  Bid Securing Declaration as an additional form of bid security (Resolution ) 15. FORMAT AND SIGNING OF BIDS NOTE: a. Bids are submitted simultaneously in 2 separate envelopes. b. 1 st Envelope contains the technical bid component, including the eligibility docs and the 2 nd Envelope shall contain the financial bid component

16 ESSENTIAL CONTENTS NOTE: c. Bid, except for unamended printed literature, shall be signed, and each and every page thereof, shall be initialed, by the duly authorized representative. d. Any interlineations, erasures or overwriting shall be valid only if they are signed or initialed by the duly authorized representative.

17 ESSENTIAL CONTENTS 16. SEALING AND MARKING OF BIDS NOTE: a. Enclose the ORIGINAL Technical and Financial Proposals in separate envelopes. b. Must be MARKED “ORIGINAL TECHNICAL/FINANCIAL COMPONENT” – Outer Envelope marked “ORIGINAL BID” c. Same with the copies – Copy No. __, Technical/Financial Component d. The ORIGINAL Technical/Financial Envelope and the COPY Envelopes shall be CONTAINED in ONE ENVELOPE. e. All envelopes shall have the required data. f. Procuring Entity shall not be responsible for misplaced bid docs and premature opening.

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20 ESSENTIAL CONTENTS

21 ESSENTIAL CONTENTS 17. DEADLINE FOR THE SUBMISSION OF BIDS NOTE: Bids must be received at the address and on or before the date and time indicated in the BDS. Bids submitted after deadline shall be declared “LATE” and shall not be accepted by the BAC.

22 ESSENTIAL CONTENTS 18. MODIFICATION OF BIDS NOTE: Can bids be modified? Bids may be submitted prior to and may be MODIFIED before the deadline. To be instructed to submit another Bid equally sealed, properly identified and linked to its original bid. Envelope marked as TECHNICAL / FINANCIAL Modification. No Bids may be modified after the deadline for submission and receipt of Bids.

23 ESSENTIAL CONTENTS 19. WITHDRAWAL OF BIDS NOTE: Can bids be withdrawn? Bids may be WITHDRAWN through a LETTER of WITHDRAWAL, which must be received prior to the deadline for submission and receipt of bids Withdrawing bidder shall NOT be allowed to submit another Bid. For bids withdrawn within the interval between the deadline and expiration of Bid validity, the Bid Security shall be FORFEITED.

24 BID DATA SHEET (BDS) NOTE:  This section is intended to assist the Procuring Entity in providing the specific information in relation to corresponding clauses in the ITB  It has to be prepared for each specific procurement.  It should be specified in the BDS the information and requirements specific to the circumstances of the Procuring Entity, the processing of the procurement, the applicable rules regarding bid price and currency, and the bid evaluation criteria that will apply to the bids.

25 GENERAL CONDITIONS OF CONTRACT (GCC) and SPECIAL CONDITIONS OF CONTRACT (SCC)

26 GCC and SCC NOTE:  The details in the GCC and SCC, submission and other required documents listed therein, expressing all the rights and obligations of the parties, should be complete.  The GCC herein shall not be altered  Any changes and complementary information, which may be needed, shall be introduced only through the SCC

27 GCC and SCC PROCURING ENTITY’S RESPONSIBILITIES  PE to make best effort to assist the Supplier/Consultant in obtaining permits, approvals, import, and other licenses required for the performance of the obligations in the Contract.  PE shall pay all costs involved in the performance of its responsibilities.

28 GCC and SCC PRICES All bid prices are considered fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Section 61 of R.A and its IRR or except as provided in this Clause.

29 GCC and SCC STANDARDS  GOODS to conform to the standards mentioned in Section VII. Technical Specifications  When no applicable standard is mentioned, to the latest authoritative standards appropriate to the GOODS’ country of origin.

30 GCC and SCC INSPECTION AND TESTS  PE or its representative has the right to inspect and/or test the GOODS at no extra cost in order to confirm their conformity to the Contract specifications.  SCC specifies what inspections and/or tests the PE requires  If applicable, inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the GOODS’ final destination.  PE may reject any GOODS or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications.

31 GCC and SCC INSPECTION AND TESTS  Supplier to rectify or replace such rejected GOODS or parts thereof or make alterations necessary to meet the specifications, and shall repeat the test and/or inspection at no cost to the PE.  Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the PE or its representative, shall release the Supplier from any warranties or other obligations under this Contract.

32 GCC and SCC DELAYS IN THE SUPPLIER’S PERFORMANCE  Delivery of Goods and/or performance of Services shall be made in accordance with the Section VI. Schedule of Requirements.  In case of perceived delay, Supplier shall promptly notify the Procuring Entity in writing, together with its likely duration and causes.  Except as provided under GCC Clause 22, a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 19, unless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liquidated damages.

33 GCC and SCC FORCE MAJEURE  Winning Bidder is not liable for delay in performance or other failure to perform obligations under the Contract if such is caused by force majeure.  “Force majeure” and “fortuitous event” interpreted to mean an event which the Winning Bidder could not have foreseen, or which though foreseen, was inevitable.  Does not include conditions the effects of which could have been avoided with the exercise of reasonable by the Winning Bidder.  Winning Bidder to promptly notify the PE if a force majeure situation arises.

34 GCC and SCC ASSIGNMENT OF RIGHTS Assignment of rights or obligations shall be with prior written consent by the PE, in whole or in part.

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