Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184
On October 22, 2012, the Department of Transportation and Communications (DOTC) issued an amendment to Section 23.5.2.5 of the Revised Implementing Rules and Regulations of Republic Act No. 9184. This amendment allows the DOTC to extend the ten-year requirement for similar contract experience in infrastructure projects when no similar projects have been procured within that period. It also modifies the bidding requirements, stating that prospective bidders must complete at least one similar contract, valued at 50% of the Approved Budget for the Contract (ABC), unless they fall under specific categories (Small A and Small B) with different thresholds. Additionally, for foreign-funded procurements, other track record requirements may be agreed upon between the Government of the Philippines and the foreign financing institution. The amendment clarifies that a contract is considered "similar" if it involves the same major work categories.
Quick Answers
- What is Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184 about?
- On October 22, 2012, the Department of Transportation and Communications (DOTC) issued an amendment to Section 23.5.2.5 of the Revised Implementing Rules and Regulations of Republic Act No. 9184. This amendment allows the DOTC to extend the ten-year requirement for similar contract experience in infrastructure projects when no similar projects have been procured within that period. It also modifies the bidding requirements, stating that prospective bidders must complete at least one similar contract, valued at 50% of the Approved Budget for the Contract (ABC), unless they fall under specific categories (Small A and Small B) with different thresholds. Additionally, for foreign-funded procurements, other track record requirements may be agreed upon between the Government of the Philippines and the foreign financing institution. The amendment clarifies that a contract is considered "similar" if it involves the same major work categories.
- What type of law is DOTC BAC Matter No. 004-12?
- Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184 (DOTC BAC Matter No. 004-12) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184 enacted?
- Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184 (DOTC BAC Matter No. 004-12) was enacted on Oct 22, 2012.
- What is the citation for Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184?
- Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184, DOTC BAC Matter No. 004-12, Oct 22, 2012 (Philippines)
Law Information
- Reference Number
- DOTC BAC Matter No. 004-12
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Department of Public Works and Highways
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 22, 2012
DOTC BAC MATTER NO. 004-12
| TO | : | DOTC-Central Office and All Bidders |
| SUBJECT | : | Amendment to the Similar Contract Requirement under Section 23.5.2.5 of the Revised Implementing Rules and Regulations of Republic Act No. 9184 |
In accordance with the amendment made in Section 23.5.2.5 of the Revised Implementing Rules and Regulations of Republic Act No. 9184, the Department of Transportation and Communications, as procuring entity, is allowed to extend the ten (10)-year period in cases of infrastructure projects identified to have no similar projects procured within the said period. The amendment deleted the requirement that a prospective bidder must have an experience of having completed, within a period of ten (10) years from the date of submission and receipt of bids, at least one (1) contract that is similar to the contract to be bid.
The amended Section 23.5.2.5 reads:
"The prospective bidder must have an experience of having completed at least one (1) contract that is similar to the contract to be bid, and whose value, adjusted to current prices using the NSO consumer price indices, must be at least fifty percent (50%) of the ABC to be bid: Provided, however, That contractors under Small A and Small B categories without similar experience on the contract to be bid may be allowed to bid if the cost of such contract is not more than fifty percent (50%) of the Allowable Range of Contract Cost (ARCC) of their registration based on the guidelines as prescribed by the PCAB.
For Foreign-funded Procurement, the GOP and the foreign government/foreign or international financing institution may agree on another track record requirement. ASDTEa
Moreover, a contract shall be considered 'similar' to the contract to be bid if it has the same major categories of work." 1 (Emphasis supplied)
For your guidance and information.
Issued this 22nd day of October 2012.
(SGD.) JOSE PERPETUO M. LOTILLAUndersecretary for Legal Affairs and Chairman, Bids and Awards Committee
Footnotes
1. GPPB Resolution No. 11-2012 dated 1 June 2012.
Cite This Law
Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184, DOTC BAC Matter No. 004-12, Oct 22, 2012 (Philippines)
Amendment to the Similar Contract Requirement under Sec. 23.5.2.5 of the Revised IRR of R.A. No. 9184, DOTC BAC Matter No. 004-12 (Phil. 2012)
Related Laws
- Guidelines for Payment in Foreign Currency Under Section 61.1 of the IRR Part A of R.A. No. 9184, as amendedGPPB Resolution No. 017-05 • Sep 12, 2005 • Other Rules and Procedures
- Resolution Amending Sections 23.5.2.4 and 23.5.2.5 of the Implementing Rules and Regulations of Republic Act No. 9184GPPB Resolution No. 11-12 • Jun 1, 2012 • Implementing Rules and Regulations
- The 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184, Otherwise known as the Government Procurement Reform Act (Updated as of 30 September 2022)IRR of RA 9184 • Sep 30, 2022 • Implementing Rules and Regulations
- Amending Sections 55.3 and 55.4 of the Revised IRR of R.A. No. 9184GPPB Resolution No. 05-12 • Mar 30, 2012 • Implementing Rules and Regulations
- Approving the Amendment to Section 53.8 of the 2016 Revised IRR of RA No. 9184GPPB Resolution No. 23-2018 • Dec 4, 2018 • Implementing Rules and Regulations
- Revised Implementing Rules and Regulations of RA 9184Revised IRR of RA 9184 • Aug 6, 2009 • Implementing Rules and Regulations
Browse More Other Rules and Procedures
Explore other laws in the Other Rules and Procedures category.
View All Other Rules and ProceduresNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law