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.
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.