Approving Amendments to the Revised Implementing Rules and Regulations of RA 9184, and the Philippine Bidding Documents for the Procurement of Goods and Infrastructure Projects

June 20, 2014

GPPB RESOLUTION NO. 016-14

APPROVING AMENDMENTS TO THE REVISED IMPLEMENTING RULES AND REGULATIONS OF RA 9184, AND THE PHILIPPINE BIDDING DOCUMENTS FOR THE PROCUREMENT OF GOODS AND INFRASTRUCTURE PROJECTS

WHEREAS, Republic Act (RA) No. 9184, otherwise known as the "Government Procurement Reform Act" and its revised Implementing Rules and Regulations (IRR) took effect on 26 January 2003 and 2 September 2009, respectively;

WHEREAS, the Government Procurement Policy Board (GPPB), under Section 63 of RA 9184 and its IRR, is mandated to formulate and amend public procurement policies, rules and regulations, and amend the IRR, whenever necessary;

WHEREAS, the GPPB issued the Fourth Edition of the Philippine Bidding Documents (PBDs) for the Procurement of Goods, Infrastructure Projects, and Consulting Services in December 2010 through GPPB Resolution No. 06-2010;

WHEREAS, since the issuance of the PBDs Fourth Edition in December 2010, the GPPB has adopted procurement policies affecting provisions and references in the PBDs;

WHEREAS, one of these procurement policies is the amendment of Section 23.1 (a) (iii) 1 of the IRR of RA 9184 through GPPB Resolution No. 29-2012 issued on 23 November 2012;

WHEREAS, in the course of the review conducted by the GPPB-Technical Support Office (GPPB-TSO), the respective clause on Documents Comprising the Bid: Eligibility and Technical Components under the PBDs for Procurement of Goods and Procurement of Infrastructure Projects was identified as needing amendment to conform with GPPB Resolution No. 29-2012 dated 23 November 2012;

WHEREAS, in its 3rd meeting held on 13 June 2014, the Inter-Agency Technical Working Group (IATWG) deliberated and resolved to recommend to the GPPB the amendment of the PBDs for the Procurement of Goods and Infrastructure Projects, particularly Clause 12.1 of the Instructions to Bidders, to distinguish the statement of all on-going government and private contracts from the statement identifying the single largest completed contract, to conform with GPPB Resolution No. 29-2012 dated 23 November 2012;

WHEREAS, further review of the PBDs for Infrastructure Projects shows that the Invitation to Bid also needs to be amended to delete the ten (10) year period for the completed similar contract, and the phrase "within the relevant period as provided in the Bidding Documents" referring to the statement of all on-going government and private contracts, which is found in the 1st paragraph of Section 23.1 (a) (iv) of the IRR of RA 9184 to avoid confusion on the submission of said requirement;

WHEREAS, in addition to the recommendations of the IATWG, the GPPB-TSO also recommended to the GPPB the amendment of the Invitation to Bid in the PBDs for Infrastructure Projects to delete the ten-year period for the completed similar contract and the amendment of the 1st paragraph of Section 23.1 (a) (iv) of the IRR of RA 9184;

WHEREAS, in its 4th meeting held on 20 June 2014, the GPPB, after a careful review and deliberation, resolved to adopt the recommendations of the IATWG and the GPPB-TSO to amend the relevant provisions of Section 23. 1 (a) (iv) of the IRR of RA 9184 and the PBDs for the Procurement of Goods and Infrastructure Projects;

NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law, hereby RESOLVE to confirm, adopt, and approve, as WE hereby confirm, adopt, and approve the following amendments:

1. AMEND Section 23.1 (a) (iv) of the IRR of RA 9184 as shown in the attached Annex "A"; and

2. AMEND Clause 12.1 of the Instructions to Bidders and Clause 12.1 (a) (iii) of the Bid Data Sheet, Philippine Bidding Documents for Goods, and Item 2 of the Invitation to Bid and Clause 5.4 (a) and 12.1 of the Instruction to Bidders, Philippine Bidding Documents for Infrastructure Projects, as shown in the attached Annex "B".

This Resolution shall take effect after fifteen (15) days following the publication in the Official Gazette or a newspaper of general nationwide circulation and upon filing with the University of the Philippines Law Center of three (3) certified copies of this Resolution.

APPROVED this 20th day of June 2014 at Pasig City, Philippines.

(SGD.) _______________________________________DEPARTMENT OF BUDGET AND MANAGEMENT

________________________________________________________NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY

(SGD.) ______________________________DEPARTMENT OF EDUCATION

(SGD.) ______________________________DEPARTMENT OF ENERGY

(SGD.) _____________________________DEPARTMENT OF FINANCE

(SGD.) ________________________DEPARTMENT OF HEALTH

(SGD.) ___________________________________DEPARTMENT OF THE INTERIOR

(SGD.) __________________________________DEPARTMENT OF NATIONAL DEFENSE

__________________________________________________DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

_______________________________________________DEPARTMENT OF SCIENCE AND TECHNOLOGY

__________________________________________DEPARTMENT OF TRADE AND INDUSTRY

(SGD.) ___________________________________DEPARTMENT OF TRANSPORTATION

(SGD.) _______________________________________PRIVATE SECTOR REPRESENTATIVE

Attested by:

(SGD.) DENNIS S. SANTIAGOBoard Secretary, GPPB

ANNEX A

Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184

 

Original	Amended
Section 23.1 (a) (iv)	Section 23.1 (a) (iv)
Statement of the prospective bidder of all its	Statement of the prospective bidder of all
ongoing government and private contracts,	its ongoing government and private
including contracts awarded but not yet started,	contracts, including contracts awarded
if any, whether similar or not similar in nature and	but not yet started, if any, whether
complexity to the contract to be bid,	similar or not similar in nature and
within the relevant period as provided in the	complexity to the contract to be bid; and
Bidding Documents; and
	Statement identifying the bidder's single
Statement identifying the bidder's single largest	largest completed contract similar to the
completed contract similar to the contract to be	contract to be bid, except under
bid, except under conditions provided for in Sec.	conditions provided for in Sec. 23.5.1.3
23.5.1.3 of this IRR, within the relevant period	of this IRR, within the relevant period as
as provided in the Bidding Documents in the	provided in the Bidding Documents in
case of goods.	the case of goods.
	All of the above statements shall include
All of the above statements shall include all	all information required in the PBDs
information required in the PBDs prescribed	prescribed by the GPPB.
by the GPPB.

ANNEX B

Philippine Bidding Documents

Goods

Instructions to Bidders

Original	Amended
Clause 12.1. Unless otherwise indicated in the	Clause 12.1. Unless otherwise indicated in the
BDS, the first envelope shall contain the	BDS, the first envelope shall contain the
following eligibility and technical documents:	following eligibility and technical documents:
(a)	Eligibility Documents	(a)	Eligibility Documents —
	Class "A" Documents:		Class "A" Documents:
	. . .			. . .
	(iii)	Statement of all its ongoing and		(iii)	Statement of all its ongoing
		completed government and private			government and private contracts,
		contracts within the period stated in			including contracts awarded but not
		the BDS, including contracts awarded			yet started, if any, whether similar or
		but not yet started, if any. The statement			not similar in nature and complexity to
		shall include, for each contract, the			the contract to be bid; and
		following . . .
				Statement identifying the bidder's single
				largest completed contract similar to the
				contract to be bid, except under conditions
				provided for in Sec. 23.5.1.3 of the IRR,
				within the relevant period as provided in
				the BDS.
				The statement shall include, for each
				contract, the following . . .
Bid Data Sheet
Clause 12.1 (a) (iii). The statement of all ongoing	Clause 12.1 (a) (iii). The statement of all
and completed government and private contracts	ongoing government and private contracts shall
shall include all such contracts within [state	include all such contracts within [state
relevant period as provided in the Invitation to	relevant period as provided in the Invitation to
Bid] prior to the deadline for the submission and	Bid] prior to the deadline for the submission
receipt of bids.		and receipt of bids.

Infrastructure Projects

Invitation to Bid

Original	Amended
2. The [insert name of Procuring Entity] now	2. The [insert name of Procuring Entity] now
invites bids for [insert brief description of Works	invites bids for [insert brief description of
to be procured]. Completion of the Works is	Works to be procured]. Completion of the
required [insert the required completion date	Works is required [insert the required
or expected contract duration]. Bidders should	completion date or expected contract duration].
have completed, within ten (10) years from the	Bidders should have completed a contract
date of submission and receipt of bids, a	similar to the Project. The description of an
contract similar to the Project. The description	eligible bidder is contained in the Bidding
of an eligible bidder is contained in the Bidding	Documents, particularly, in Section II.
Documents, particularly, in Section II.	Instructions to Bidders.
Instructions to Bidders.
Instructions to Bidders
Clause 5.4.(a) Unless otherwise provided in the	Clause 5.4.(a) Unless otherwise provided in the
BDS, the Bidder must have completed, within ten	BDS, the Bidder must have completed a single
(10) years from the submission of bids, a single	contract that is similar to this Project,
contract that is similar to this Project, equivalent	equivalent to at least fifty percent (50%) of the
to at least fifty percent (50%) of the ABC	ABC adjusted to current prices using the
adjusted to current prices using the National	National Statistics Office consumer price
Statistics Office consumer price index.	index.
Clause 12.1. Unless otherwise indicated in the	Clause 12.1. Unless otherwise indicated in the
BDS, the first envelope shall contain the following	BDS, the first envelope shall contain the
eligibility and technical documents:	following eligibility and technical documents:
(a)	Eligibility Documents —	(a)	Eligibility Documents —
	Class "A" Documents:		Class "A" Documents:
	. . .			. . .
	(iii)	Statement of all its ongoing and		(iii)	Statement of all its ongoing
		completed government and private			government and private contracts,
		contracts within 10 years from the			including contracts awarded but not
		submission of bids, including contracts			yet started, if any, whether similar or
		awarded but not yet started, if any. The			not similar in nature and complexity to
		statement shall include, for each contract,			the contract to be bid; and
		the following . . .
				Statement identifying the bidder's single
				largest completed contract similar to the
				contract to be bid:
				The statement shall include, for each
				contract, the following . . .

 

 

Footnotes

1. Renumbered as Section 23.1 (a) (iv) due to the amendments introduced by GPPB Resolution No. 21-2013, dated 30 July 2013, entitled Approving Amendments to Sections 23.1 (a), 24.1 (a) and 34.2 of the Revised Implementing Rules and Regulations of Republic Act No. 9184 and the Philippine Bidding Documents for Goods, Infrastructure Projects and Consulting Services.