Approving Amendments to the Philippine Bidding Documents for Procurement of Goods, Infrastructure Projects and Consulting Services

I.

Philippine Bidding Documents for the Procurement of Goods

Original Provisions

Amended Provisions

GPPB Resolution No. 04-2012: Approving and Adopting the Guidelines on the Sale of Bidding Documents

Invitation to Bid

Invitation to Bid

A complete set of Bidding Documents may be

A complete set of Bidding Documents may be

purchased by interested Bidders on [insert date of

acquired by interested Bidders on [insert date of

availability of Bidding Documents] from the address

availability of Bidding Documents] from the

below and upon payment of a nonrefundable fee for

address below {Insert if necessary: and upon

the Bidding Documents in the amount of [insert

payment of a nonrefundable fee for the

amount in Pesos].

Bidding Documents, pursuant to the latest

Guidelines issued by the GPPB, in the amount

of [insert amount in Pesos]}.

GPPB Resolution No. 03-2012: Approving and Adopting Bid Securing Declaration as an Additional Form of Bid Security

Clause 18. Bid Security of Section II. Instructions to

Clause 18. Bid Security of Section II.

Bidders

Instructions to Bidders

18.1 The bid security in the amount stated in the

18.1 The bid security in the amount stated in the

BDS shall be equal to the percentage of the ABC in

BDS shall be equal to the percentage of the ABC

accordance with the following schedule:

in accordance with the following schedule:

Form of Bid Security

Amount of Bid Security

Form of Bid Security

Amount of Bid Security

(Equal to Percentage of

(Equal to Percentage of

the ABC)

the ABC)

(a)

Cash or

Two percent (2%)

(a)

Cash or

Two percent (2%)

cashier's/manager's

cashier's/manager's

check issued by a

check issued by a

Universal or

Universal or

Commercial Bank.

Commercial Bank.

(b)

Bank draft/guarantee

(b)

Bank draft/guarantee

or irrevocable letter

or irrevocable letter

of credit issued by a

of credit issued by a

Universal or

Universal or

Commercial Bank:

Commercial Bank:

Provided, however,

Provided, however,

that it shall be

that it shall be

confirmed or

confirmed or

authenticated by a

authenticated by a

Universal or

Universal or

Commercial Bank, if

Commercial Bank,

issued by a foreign

if issued by a

bank.

foreign bank.

(c)

Surety bond

Five percent (5%)

(c)

Surety bond callable

Five percent (5%)

callable upon

upon demand issued

demand issued by a

by a surety or

surety or insurance

insurance company

company duly

duly certified by the

certified by the

Insurance

Insurance

Commission as

Commission as

authorized to issue

authorized to issue

such security.

such security.

(d)

Any combination of

Proportionate to share of form

(d)

Any combination of

Proportionate to share of

the foregoing.

with respect to total amount of

items (a) to (c)

form with respect to total

security

above.

amount of security

(e)

Bid Securing

No percentage required.

Declaration

For biddings conducted by LGUs, the Bidder may

For biddings conducted by LGUs, the Bidder

also submit bid securities in the form of

may also submit bid securities in the form of

cashier's/manager's check, bank draft/guarantee, or

cashier's/manager's check, bank

irrevocable letter of credit from other banks certified

draft/guarantee, or irrevocable letter of credit

by the BSP as authorized to issue such financial

from other banks certified by the BSP as

statement.

authorized to issue such financial statement.

The Bid Securing Declaration mentioned above is an

undertaking which states, among others, that the bidder

shall enter into contract with the procuring entity and

furnish the performance security required under ITB

Clause 33.2, from receipt of the Notice of Award, and

committing to pay the corresponding fine, and be

suspended for a period of time from being qualified to

participate in any government procurement activity in

the event it violates any of the conditions stated therein

as provided in the guidelines issued by the GPPB.

GPPB Resolution No. 05-2012: Amending Sections 55.3 and 55.4 of the Revised Implementing Rules and Regulations ofRepublic Act No. 9184 on the Amount of the Non-Refundable Protest Fee and for Other Purposes

24.7 A Bidder determined as "failed" has three (3)

[Delete Clause 24.7 of Section II. Instruction to

calendar days upon written notice or, if present at the

Bidders and Insert New provision, Clause 35]

time of bid opening, upon verbal notification, within

which to file a request or motion for reconsideration

35 Protest Mechanism

with the BAC: Provided, however, that the motion

for reconsideration shall not be granted if it is

Decision of the procuring entity at any stage of

established that the finding of failure is due to the

the procurement process may be questioned in

fault of the Bidder concerned: Provided, further, that

accordance with Section 55 of the revised

the BAC shall decide on the request for

Implementing Rules and Regulations of

reconsideration within seven (7) calendar days from

Republic Act 9184.

receipt thereof. If a failed Bidder signifies his intent

to file a motion for reconsideration, the BAC shall

keep the bid envelopes of the said failed Bidder

unopened and/or duly sealed until such time that the

motion for reconsideration or protest has been resolved.

Memorandum Order No. 15 — Amending No. 4.5 of Annex "D", Contract Implementation Guidelines for the Procurement ofRepublic Act No. 9184, Authorizing Advance

Clause 11. Advance Payment of Section IV. General

Clause 11. Advance Payment of Section IV.

Conditions of the Contract

General Conditions of the Contract

11.2 For Goods supplied from abroad, the terms of

11.2 For Goods supplied from abroad, the terms

payment shall be as follows:

of payment shall be as follows:

(a)

On Contract Signature: Ten percent (10%) of the

(a)

On Contract Signature: Fifteen percent

Contract Price shall be paid within sixty (60)

(15%) of the Contract Price shall be paid

days from signing of the Contract and upon

within sixty (60) days from signing of the

submission of a claim and a bank guarantee for

Contract and upon submission of a claim

the equivalent amount valid until the Goods are

and a bank guarantee for the equivalent

delivered and in the form provided in Section

amount valid until the Goods are delivered

VIII. Bidding Forms.

and in the form provided in Section VIII.

Bidding Forms.

(b)

On Delivery: Seventy percent (70%) of the

Contract Price shall be paid to the Supplier

(b)

On Delivery: Sixty-five percent (65%) of

within sixty (60) days after the date of receipt of

the Contract Price shall be paid to the

the Goods and upon submission of the

Supplier within sixty (60) days after the date

documents (i) through (vi) specified in the SCC

of receipt of the Goods and upon submission

provision on Delivery and Documents.

of the documents (i) through (vi) specified

in the SCC provision on Delivery and

(c)

On Acceptance: The remaining twenty percent

Documents.

(20%) of the Contract Price shall be paid to the

Supplier within sixty (60) days after the date of

(c)

On Acceptance: The remaining twenty

submission of the acceptance and inspection

percent (20%) of the Contract Price shall be

certificate for the respective delivery issued by

paid to the Supplier within sixty (60) days

the Procuring Entity's authorized representative.

after the date of submission of the

In the event that no inspection or acceptance

acceptance and inspection certificate for the

certificate is issued by the Procuring Entity's

respective delivery issued by the Procuring

authorized representative within forty five (45)

Entity's authorized representative. In the

days of the date shown on the delivery receipt the

event that no inspection or acceptance

Supplier shall have the right to claim payment of

certificate is issued by the Procuring Entity's

the remaining twenty percent (20%) subject to

authorized representative within forty five

the Procuring Entity's own verification of the

(45) days of the date shown on the delivery

reason(s) for the failure to issue documents (vii)

receipt the Supplier shall have the right to

and (viii) as described in the SCC provision on

claim payment of the remaining twenty

Delivery and Documents.

percent (20%) subject to the Procuring

Entity's own verification of the reason(s) for

the failure to issue documents (vii) and (viii)

as described in the SCC provision on

Delivery and Documents.

II.

Philippine Bidding Documents for the Procurement of Infrastructure Projects

Original Provisions

Amended Provisions

GPPB Resolution No. 04-2012: Approving and Adopting the Guidelines on the Sale of Bidding Documents

Invitation to Bid

Invitation to Bid

A complete set of Bidding Documents may be

A complete set of Bidding Documents may be

purchased by interested Bidders on from the address

acquired by interested Bidders on [insert date of

below and upon payment of a nonrefundable fee for

availability of Bidding Documents] from the

the Bidding Documents in the amount of [insert

address below {Insert if necessary: and upon

amount in Pesos).

payment of a nonrefundable fee for the Bidding

Documents, pursuant to the latest Guidelines issued by

the GPPB, in the amount of [insert amount in Pesos]}.

GPPB Resolution No. 03-2012: Approving and Adopting Bid Securing Declaration as an Additional Form of Bid Security

Clause 18. Bid Security of Section II. Instructions to

Clause 18. Bid Security of Section II.

Bidders

Instructions to Bidders

18.1 The bid security in the amount stated in the

18.1 The bid security in the amount stated in the

BDS shall be equal to the percentage of the ABC in

BDS shall be equal to the percentage of the ABC

accordance with the following schedule:

in accordance with the following schedule:

Form of Bid Security

Amount of Bid Security

Form of Bid Security

Amount of Bid Security

(Equal to Percentage of

(Equal to Percentage of

the ABC)

the ABC)

(a)

Cash or

Two percent (2%)

(a)

Cash or

Two percent (2%)

cashier's/manager's

cashier's/manager's

check issued by a

check issued by a

Universal or

Universal or

Commercial Bank.

Commercial Bank.

(b)

Bank

(b)

Bank draft/

draft/guarantee or

guarantee or

irrevocable letter of

irrevocable letter of

credit issued by a

credit issued by a

Universal or

Universal or

Commercial Bank:

Commercial Bank:

Provided, however,

Provided, however,

that it shall be

that it shall be

confirmed or

confirmed or

authenticated by a

authenticated by a

Universal or

Universal or

Commercial Bank,

Commercial Bank,

if issued by a

if issued by a

foreign bank.

foreign bank.

(c)

Surety bond callable

Five percent (5%)

(c)

Surety bond callable

Five percent (5%)

upon demand issued

upon demand issued

by a surety or

by a surety or

insurance company

insurance company

duly certified by the

duly certified by the

Insurance

Insurance

Commission as

Commission as

authorized to issue

authorized to issue

such security.

such security.

(d)

Any combination of

Proportionate to share of form

(d)

Any combination of

Proportionate to share of

the foregoing.

with respect to total amount of

items (a) to (c)

form with respect to total

security

above.

amount of security

(e)

Bid Securing

No percentage required.

Declaration

For biddings conducted by LGUs, the Bidder may

For biddings conducted by LGUs, the Bidder

also submit bid securities in the form of

may also submit bid securities in the form of

cashier's/manager's check, bank draft/guarantee, or

cashier's/manager's check, bank draft/guarantee,

irrevocable letter of credit from other banks certified

or irrevocable letter of credit from other banks

by the BSP as authorized to issue such financial

certified by the BSP as authorized to issue such

statement.

financial statement.

The Bid Securing Declaration mentioned above is an

undertaking which states, among others, that the bidder

shall enter into contract with the procuring entity and

furnish the performance security required under ITB

Clause 32.2, from receipt of the Notice of Award, and

committing to pay the corresponding fine, and be

suspended for a period of time from being qualified to

participate in any government procurement activity in

the event it violates any of the conditions stated therein

as provided in the guidelines issued by the GPPB.

GPPB Resolution No. 05-2012: Amending Sections 55.3 and 55.4 of the Revised Implementing Rules and Regulations ofRepublic Act No. 9184 on the Amount of the Non-Refundable Protest Fee and for Other Purposes

24.7 A Bidder determined as "failed" has three (3)

[Delete Clause 24.7 of Section II. Instruction to

calendar days upon written notice or, if present at the

Bidders and Insert New provision, Clause 34]

time of bid opening, upon verbal notification, within

which to file a request or motion for reconsideration

34 Protest Mechanism

with the BAC: Provided, however, that the motion

for reconsideration shall not be granted if it is

Decision of the procuring entity at any stage of

established that the finding of failure is due to the

the procurement process may be questioned in

fault of the Bidder concerned: Provided, further, that

accordance with Section 55 of the revised

the BAC shall decide on the request for

Implementing Rules and Regulations of

reconsideration within seven (7) calendar days from

Republic Act 9184.

receipt thereof. If a failed Bidder signifies his intent

to file a motion for reconsideration, the BAC shall

keep the bid envelopes of the said failed Bidder

unopened and/or duly sealed until such time that the

motion for reconsideration or protest has been resolved.

GPPB Resolution No. 11-2012: Resolution Amending Sections 23.5.2.4 and 23.5.2.5 of the Implementing Rules and RegulationsRepublic Act No. 9184

Clause 12.1 (a) of Section II. Instructions to Bidders

Clause 12.1 (a) of Section II. Instructions to Bidders

(iii.13) the statement shall be supported by the

(iii.13) the statement shall be supported by the Owner's

Constructors Performance Evaluation System

Certificate of Final Acceptance or the Certificate of

(CPES) rating sheets, and/or certificates of

Completion and, whenever applicable, the Constructors

completion and owner's acceptance, if applicable;

Performance Evaluation Summary (CPES) Final Rating,

which must be satisfactory;

Clause 5.4 of Section II. Instructions to Bidders

Clause 5.4 of Section II. Instructions to Bidders

(a)

Unless otherwise provided in the BDS, the

(a)

Unless otherwise provided in the BDS, the

Bidder must have completed, within ten (10)

Bidder must have an experience of having

years from the submission of bids, a single

completed at least one (1) contract that is

contract that is similar to this Project, equivalent

similar to this Project, equivalent to at least

to at least fifty percent (50%) of the ABC

fifty percent (50%) of the ABC adjusted to

adjusted to current prices using the National

current prices using the National Statistic Office

Statistics Office consumer price index.

consumer price index. However, 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.

Oversight Errors:

Clause 32.2 of Section II. Instructions to Bidders

Clause 32.2 of Section II. Instructions to Bidders

Form of Bid Security

Amount of Bid Security

Form of Bid Security

Amount of Bid Security

(Equal to Percentage of

(Equal to Percentage of

the ABC)

the ABC)

(b)

Bank draft/guarantee or

Five percent (5%)

(c)

Bank draft/guarantee or

Ten percent (10%)

irrevocable letter of

irrevocable letter of

credit issued by a

credit issued by a

Universal or

Universal or

Commercial Bank:

Commercial Bank:

Provided, however, that

Provided, however, that

it shall be confirmed or

it shall be confirmed or

authenticated by a

authenticated by a

Universal or

Universal or

Commercial Bank, if

Commercial Bank, if

issued by a foreign bank.

issued by a foreign bank.

ITB Clause 32.2 of the Bid Data Sheet

ITB Clause 32.2 of the Bid Data Sheet

1.

The amount of ________________ [Insert 5% of

1.

The amount of ________________ [Insert 10% of

ABC], if performance security is in cash, cashier's/

the Total Contract Price], if performance security is

manager's check, bank draft/guarantee or irrevocable

in cash, cashier's/manager's check, bank draft/

letter of credit;

guarantee or irrevocable letter of credit;

2.

The amount of ________________ [Insert 30% of

2.

The amount of ________________ [Insert 30% of

ABC] if performance security is in Surety Bond;

the Total Contract Price] if performance security is

in Surety Bond;

III.

Philippine Bidding Documents for the Procurement of Consulting Services

Original Provisions

Amended Provisions

GPPB Resolution No. 04-2012: Approving and Adopting the Guidelines on the Sale of Bidding Documents

Section I. Notice of Eligibility and Shortlisting

Section I. Notice of Eligibility and Shortlisting

The Bidding Documents shall be available at

The Bidding Documents may be acquired at

[indicate address] during [insert office hours, e.g.,

[indicate address] during [insert office hours,

8:00 a.m. to 5:00 p.m.].

e.g., 8:00 a.m. to 5:00 p.m.] {Insert if necessary: upon

payment of a nonrefundable fee for the Bidding

Documents, pursuant to the latest Guidelines issued by

the GPPB, in the amount of [insert amount in Pesos]}.

GPPB Resolution No. 03-2012: Approving and Adopting Bid Securing Declaration as an Additional Form of Bid Security

Clause 15. Bid Security of Section II. Instructions to

Clause 15. Bid Security of Section II. Instructions to

Bidders

Bidders

15.1 The bid security in the amount stated in the

15.1 The bid security in the amount stated in the

BDS shall be equal to the percentage of the ABC in

BDS shall be equal to the percentage of the ABC

accordance with the following schedule:

in accordance with the following schedule:

Form of Bid Security

Amount of Bid Security

Form of Bid Security

Amount of Bid Security

(Equal to Percentage of

(Equal to Percentage of

the ABC)

the ABC)

(a)

Cash or

Two percent (2%)

(a)

Cash or

Two percent (2%)

cashier's/manager's

cashier's/manager's

check issued by a

check issued by a

Universal or

Universal or

Commercial Bank.

Commercial Bank.

(b)

Bank

(b)

Bank draft/

draft/guarantee or

guarantee or

irrevocable letter of

irrevocable letter of

credit issued by a

credit issued by a

Universal or

Universal or

Commercial Bank:

Commercial Bank:

Provided, however,

Provided, however,

that it shall be

that it shall be

confirmed or

confirmed or

authenticated by a

authenticated by a

Universal or

Universal or

Commercial Bank,

Commercial Bank,

if issued by a

if issued by a

foreign bank.

foreign bank.

(c)

Surety bond callable

Five percent (5%)

(c)

Surety bond callable

Five percent (5%)

upon demand issued

upon demand issued

by a surety or

by a surety or

insurance company

insurance company

duly certified by the

duly certified by the

Insurance

Insurance

Commission as

Commission as

authorized to issue

authorized to issue

such security.

such security.

(d)

Any combination of

Proportionate to share of form

(d)

Any combination of

Proportionate to share of

the foregoing.

with respect to total amount of

items (a) to (c)

form with respect to total

security

above.

amount of security

(e)

Bid Securing

No percentage required.

Declaration

For biddings conducted by LGUs, the Bidder may

For biddings conducted by LGUs, the Bidder

also submit bid securities in the form of

may also submit bid securities in the form of

cashier's/manager's check, bank draft/guarantee, or

cashier's/manager's check, bank draft/guarantee,

irrevocable letter of credit from other banks certified

or irrevocable letter of credit from other banks certified

by the BSP as authorized to issue such financial

by the BSP as authorized to issue such financial

statement.

statement.

The Bid Securing Declaration mentioned above is an

undertaking which states, among others, that the bidder

shall enter into contract with the procuring entity and

furnish the performance security required under ITB

Clause 31.2, from receipt of the Notice of Award, and

committing to pay the corresponding fine, and be

suspended for a period of time from being qualified to

participate in any government procurement activity in

the event it violates any of the conditions stated therein

as provided in the guidelines issued by the GPPB.

GPPB Resolution No. 05-2012: Amending Sections 55.3 and 55.4 of the Revised Implementing Rules and Regulations of Republic

8.3 A prospective bidder determined as "ineligible"

[Delete Clause 8.3 of Section II. Eligibility

has seven (7) calendar days upon written notice or, if

Documents and Insert New provision, Clause 10]

present at the time of the opening of eligibility

documents, upon verbal notification, within which to

10 Protest Mechanism

file a request for reconsideration with the BAC:

Provided, however, that the request for

Decision of the procuring entity at any stage of

reconsideration shall not be granted if it is

the procurement process may be questioned in

established that the finding of failure is due to the

accordance with Section 55 of the revised

fault of the prospective bidder concerned: Provided,

Implementing Rules and Regulations of

further, that the BAC shall decide on the request for

Republic Act 9184.

reconsideration within seven (7) calendar days from

receipt thereof. If a failed prospective bidder

signifies his intent to file a request for

reconsideration, in the case of a prospective bidder

who is declared ineligible, the BAC shall hold the

eligibility documents until such time that the

request for reconsideration or protest has been

resolved