Professional Documents
Culture Documents
9184 AND
ITS IMPLEMENTING RULES AND
REGULATIONS
Atty. Gerard L. Chan, LL.M.
Director III, Legal Service
PROCUREMENT OF
GOODS AND
INFRASTRUCTURE
PROJECTS
Preprocurement
Conference
Advertisement
and/or Posting
Pre-bid
Conference
Detailed
Evaluation of
Bids
Opening and
Evaluation of
Second
Envelope
Opening and
Evaluation of
First Envelope
Submission
and Receipt of
Bids
Postqualification
Award of
Contract
Notice to
Proceed
Contract
Implementation
Prohibition includes:
Reference to country
Importance:
500.00
1,000.00
5,000.00
10,000.00
25,000.00
50,000.00
PRE-BID CONFERENCE
SUPPLEMENTAL/BID
BULLETINS
2.
3.
. Bidders
and
secure
Two-Envelope System
1st Envelope Eligibility Requirements and Technical
Component
2nd Envelope Financial Component
Submitted to the BAC on the date, time, and place
specified in the Invitation to Bid. Bids submitted after the
deadline should not be accepted.
Date of submission should not be later than the following
period from the last day of posting of the Invitation to Bid.
Category
Goods
45
50
65
Contents
1. Eligibility requirements
2. Bid Security
3. Technical specifications (Goods) / Project requirements
(Infra)
4. Omnibus sworn statement
Non-inclusion in blacklist
Authenticity of documents
Verification authority
Signatorys authority
Disclosure of relations
Responsibilities of bidders
Labor laws and standards
ELIGIBILITY REQUIREMENTS
GOODS
INFRASTRUCTURE
Class A Documents
1. DTI/SEC/CDA Registration
1. DTI/SEC/CDA Registration
2. Mayors permit
2. Mayors permit
5. NFCC or CLC
JVA or notarized statement from the partners that they will enter into
joint venture if awarded the contract
No
All
Any
ELIGIBILITY REQUIREMENTS
If foreign bidder
INFRASTRUCTURE
General rule: 75% Filipino
Previous contract
Similar to the contract to be bid out as defined by
the Bidding Documents
Completed
DEFINITIONS
ELIGIBILITY CRITERIA
(TECHNICAL)
1. Expendable
Supplies
25% of the ABC
Exceptions
contracts
aggregate amount
at least equivalent
contracts
amounts to at least
50%
of
percentage
required
Single
(Illustration)
Expendable Goods
Largest
Contract
Non-expendable Goods
ABC = P1,000,000
ABC = P1,000,000
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.
ELIGIBILITY CRITERIA
(TECHNICAL)
Previous contract
Similar to the contract to be bid out (having
the same civil works components)
ELIGIBILITY CRITERIA
(TECHNICAL)
Infrastructure
Projects - Single
Contract
(Sec. 23.5.2.5 IRR)
Largest
ELIGIBILITY CRITERIA
(FINANCIAL)
NFCC COMPUTATION
NFCC = (current assets - current liabilities) (K)
MINUS (outstanding, uncompleted portions under
ongoing contracts + contracts awarded but not yet
started)
(K) = 10 (1 year or less)
15 (More than 1 year to 2 years)
20 (More than 2 years)
*Value of K The value of K is based on the
duration of the contract under consideration or the
would-be contract subject of the bid opportunity. (NPM
96-2012)
BID SECURITY
Amount
Form of Bid Security
Bid Security
(% of the ABC)
a) Cash or cashiers/managers
check
b) Bank guarantee/draft
Irrevocable LC
or
2%
5%
BID SECURITY
Sample Computation
Cash (60%)
ABC
% Required
1,000,000
x
.02
1,000,000
x
20,000
Share of form
Amount
Total
.60
12,000
32,000
.05
50,000
.40
20,000
1)
2)
3)
4)
b) In
PE
Bidder
Blacklisted
BID SECURITY
NPM 43-2011
bidders have the option to choose from any of
the acceptable forms of bid security enumerated
under the IRR of RA 9184, and procuring entities may
not limit the allowable forms of bid security nor
prohibit bidders from submitting any of the acceptable
forms of bid security.
NPM 07-2012
The attendance of the bidders in the bid opening is
optional. The proof of authorization is not necessary
whenever a bidders representative, other than the
one authorized in the Omnibus Sworn Statement,
attends the bid opening.
The
NOTE:
DISCLOSURE OF RELATIONS
Contents:
NO CONTACT RULE
No Contact Rule
POST-QUALIFICATION
Legal Requirements
1. licenses and agreements
2. legal documents under eligibility envelope
Technical Requirements
1. sufficiency of the bid security as to type, amount,
form wording and validity period
Financial Requirements
1. bid price proposal
2. NFCC computation
3. credit line commitment, to ensure that bidder can
sustain the operating cash flow transaction
Completed in 7 calendar days. But, may be extended
by the HOPE to not more than 30 calendar days
POST-QUALIFICATION
NPM 09-2012
Bidders are not precluded from submitting the
post-qualification documents during the submission of
bids.
However, in case there is delay in the conduct of
post-qualification, it is prudent for the Procuring
Entity to request for the latest and current legal
documents during post-qualification to ascertain,
validate and verify the authenticity and currency of
the documents and establish the eligibility and
responsiveness of the bidder.
POST-QUALIFICATION
Tax clearance
Latest income and business tax returns
Certificate of PhilGEPS registration
Other appropriate licenses and permits
required by law and stated in the Bidding
Documents
POST-QUALIFICATION
How about joint ventures?
All
These
AWARD OF CONTRACT
Performance
Security
(% equal to the
Contract Price)
a) Cash
check
or
cashiers/managers
b) Bank
guarantee/draft
Irrevocable LC
or
5% (Goods )
& 10% (Infra)
30%
Proportionate
to
NPM 106-2012
bidding procedures;
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.
NOTICE TO PROCEED
Payments
Contractor
Request
PURPOSE:
billing.
Substitute for Retention Money:
Request from the contractor
Through a irrevocable letter of credit , bank guarantee or
surety bond callable on demand.
Valid for a duration to be determined by the PE.
LIQUIDATED DAMAGES
oGuarantee
construction
b) use of inferior quality / standard
c)any violation of the contract plans and
specifications
of issuance of
Certificate of Final Acceptance and returned
after the lapse of the 1 year.
WARRANTY SECURITY
Percentage
Type
Period
Form
of Contract
Price
Expendable
3 mos., unless
earlier
consumed
10%
1 year
Special bank
guarantee or
Retention
money
Service
None
None
None
Infrastructure
1 year
Cash/LC
5%
Bank
guarantee
10%
Surety bond
30%
Nonexpendable
WARRANTY AGAINST
HIDDEN/STRUCTURAL DEFECTS
Permanent
Other
structures
developments):
2 years
*In
(Ex.
wooden
bridges,
spring
PROCUREMENT OF
CONSULTING SERVICES
CONSULTING SERVICES
Refer to services for infrastructure projects and other
types of projects or activities of the government
requiring
adequate
external
technical
and
TYPES OF CONSULTING
SERVICES
i.
ii.
iii.
TYPES OF CONSULTING
SERVICES
Design
> Pre-design phase establishes gen. scope of
the project and its location on the site (soils
investigation, land surveys, preliminary cost
estimates, etc.)
> Basic design phase include preparation of
detailed plans, cost estimates; tender documents,
etc)
> Support services during construction- include
bid analysis, preparation of formal contract
documents, periodic visit to check progress of
work, etc.
iv.
TYPES OF CONSULTING
SERVICES
Construction supervision
>
inspection,
expediting
of
work,
checking/verification of quantities of work
accomplished as well as quality of work, etc.
TYPES OF CONSULTING
SERVICES
v.
vi.
Advertisement
w/in 7 c.d.
Submission
of EOI
Submission of
Opening of
Eligibility Eligibility Env.,
Requirements
Eligibility
Check
1 c.d.
1 c.d.
Submission
of
Proposals
Evaluation
& Ranking
not more
than 21 c.d.
Opening of
Tech. Proposal
& Prel.
Exam.
Submission of
Addl Eligibility
Requirements
Within 3 c.d.
at least 12 c.d.
Pre-Bid
Conference
Opening of
Financial
Proposal
Negotiation
1 c.d.
Postqualification
within 10 c.d.
within 7 c.d.
Shortlisting
Award of
Contract
Notice to
Proceed
Advertisement
w/in 7 c.d.
Submission
of EOI
1 c.d.
Submission
of
Proposals
Evaluation
& Ranking
not more
than 21 c.d.
Submission of
Opening of
Eligibility Eligibility Env.,
Requirements
Eligibility
Check
1 c.d.
Opening
of
Tech.
Proposal
& Prel.
Exam.
Opening of
Financial
Proposal
Submission of
Addl Eligibility
Requirements
Within 3 c.d.
at least 12 c.d.
Negotiation
within 10 c.d.
Postqualification
within 7 c.d.
Pre-Bid
Conference
Shortlisting
Award of
Contract
Notice to
Proceed
1.
2 3
6 7
Newspaper Pub.
*Once in one (1) newspaper
of general nationwide
circulation is required.
75 CDs from
last day
of ITB
Date of Bid
Opening
ELIGIBILITY CRITERIA
ELIGIBILITY REQUIREMENTS
(REVISED IRR HIGHLIGHTS)
Class A Documents
ELIGIBILITY REQUIREMENTS
Class B Documents
Valid joint venture agreement (JVA) in case a joint
venture is already in existence.
In the absence of JVA, duly notarized
statements from all the potential joint venture
partners stating that they will enter into and abide
by the provisions of the JVA in the instance the the
bid is successful.
SHORT LISTING
Example of Short listing Criteria and Weights:
1.
30%
2.
50%
3.
20%
5.
It is not blacklisted;
Each of the documents is an authentic copy;
It is authorizing the HOPE to verify the
documents submitted;
The signatory is the duly authorized and
designated representative;
It complies with Disclosure Provision;
It complies with the responsibilities of a
prospective or eligible bidder provided in the
PBDs; and
It complies with existing labor laws and standards
2.
Reimbursable cost
3.
PRELIMINARY EXAMINATION OF
TECHNICAL PROPOSAL
EVALUATION OF BIDS
2.
EVALUATION OF BIDS
2.
EVALUATION OF BIDS
Quality
of
- 10%
Experience and Capability of the Consultant
- 30%
Plan
of
Approach
Personnel
and
Methodology
- 60%
EVALUATOR
FIRM 1
FIRM 2
FIRM 3
FIRM 4
FIRM 5
95
75
84
83
84
84
88
86
81
82
84
86
85
79
84
83
85
84
79
82
84
87
86
80
83
AVERAGE
(5E)
86.0
84.2
85.0
80.4
83.0
RANK
EVALUATOR
FIRM 1
FIRM 2
FIRM 3
FIRM 4
FIRM 5
95
75
84
83
84
84
88
86
81
82
84
86
85
79
84
83
85
84
79
82
84
87
86
80
83
AVERAGE
(3E)
84
86
85
80
83
RANK
EVALUATOR
FIRM 1
FIRM 2
FIRM 3
FIRM 4
FIRM 5
95
75
84
83
84
84
88
86
81
82
84
86
85
79
84
83
85
84
79
82
84
87
86
80
83
AVERAGE
(5E)
86.0
84.2
85.0
80.4
83.0
RANK
AVERAGE
(3E)
84
86
85
80
83
RANK
Ranking
Technical
score
EVALUATION OF BIDS
The
IRR HIGHLIGHTS
EVALUATION OF FINANCIAL
PROPOSALS (QCBE)
financial proposal
proposal under
EVALUATION OF FINANCIAL
PROPOSALS (QCBE)
Lowest financial proposal is given 100 points
Other financial proposals are scored as follows:
FL (lowest financial proposal)
F (financial proposal under consideration)
Example
P 1.0 million
P 1.0 million
P 1.0 million
P 1.2 million
P 1.0 million
P 1.1 million
P 1.0 million
P 1.3 million
FIRM
TECHNICAL FINANCIAL
SCORE
SCORE
(75%)
(25%)
100
91
83
77
71
FINAL
SCORE
RANK
EVALUATION OF FINANCIAL
PROPOSALS (QCBE)
S = St x T% + Sf x F%
Where S is the total combined scores of the
TP and FP
The
FIRM
TECHNICAL FINANCIAL
SCORE
SCORE
(75%)
(25%)
84
100
86
91
85
83
80
77
83
71
FINAL
SCORE
RANK
FIRM
1
2
TECHNICAL FINANCIAL
SCORE
SCORE
(75%)
(25%)
84 x .75
100 x .25
= 63
= 25
= 22.75
87.25
= 20.75
84.50
79.25
80.00
80 x .75 = 77 x .25
60
88.00
85 x .75 = 83 x .25
63.75
RANK
86 x .75 = 91 x .25
64.50
FINAL
SCORE
= 19.25
83 x .75 = 71 x .25
62.25
= 17.75
EVALUATION OF BIDS
NEGOTIATION
NEGOTIATION
IRR HIGHLIGHTS
of the ff documents:
Tax clearance
Latest income and business tax returns
Certificate of PhilGEPS registration
Other appropriate licenses and permits required
by law and stated in the Bidding Documents.
POST-QUALIFICATION
within
c.d.
from
POST-QUALIFICATION
Post-Qualification Criteria:
1. Legal
Requirements Legal documents
submitted by bidder as part of Eligibility
Requirements
2. Technical Requirements Compliance of the
consulting services it offered with the
requirements of the contract and bidding
documents. Also includes the bidders bid
security, competence, experience, the competence
and experience of its key personnel, and list of
on-going projects
3. Financial Requirements Covers the audited
financial statement, income tax returns and
financial proposal
AWARD OF CONTRACT
IRR HIGHLIGHTS
on the following:
3.
Thank You