matrix gppb resolution

GPPB Resolution ORIGINAL PROVISION AMENDMENT/S Comment/s

03-2013 Section 53.12 of the IRR of RA 9184 Where, in the interest of project sustainability

or to achieve certain specific social objectives, it is desirable in selected project components to call for participation of local communities in the delivery of services, the procuring entity shall propose the procedures, specifications, and contract packaging which are subject to the approval of the GPPB.

Where, in the interest of project sustainability or to achieve certain specific social objectives, it is desirable in selected projects, or its components, to call for participation of local communities in the delivery of goods, including non-consulting services, and simple infrastructure projects, subject to the guidelines to be issued by the GPPB.

AMEND Section 53.12 of the IRR of RA 9184 DEVELOP AND FORMULATE Guidelines to provide the procedures for the implementation of the projects through Community Participation pursuant to Section 53.12 of the revised IRR of RA 9184.

11-2013 Philippine Bidding Documents Clause 29.2, ITB for Goods

Within a non-extendible period of three (3) calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements:

(a) Tax clearance per Executive Order 398, Series of 2005:


(a) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR.

AMEND the PBD for Goods, Infrastructure Projects, and Consulting Services

Philippine Bidding Documents 29.2(b), BDS for Goods

Specify whether Bidders have the option to submit manually filed tax returns or tax returns filed through the Electronic Filing and Payment System (EFPS) NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission.

Only tax returns filed and taxes paid through the BIR Electronic Filing and Payment System (EFPS) shall be accepted. NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission.

EFFECTIVITY of the amendments to the PBD for Goods, Infrastructure Projects, and Consulting Services shall be on 15 June 2013

Philippine Bidding Documents Clause 28.2, ITB for Infrastructure Projects

Within a non-extendible period of three (3) Within a non-extendible period of three (3)

calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements:


calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements:


Philippine Bidding Documents

Clause 28.2(b), BDS for Infrastructure Projects Specify whether Bidders have the option to

submit manually filed tax returns or tax returns filed through the Electronic Filing and Payment System (EFPS) NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission.

Only tax returns filed and taxes paid through the BIR Electronic Filing and Payment System (EFPS) shall be accepted. NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission.

Philippine Bidding Documents Clause 27.2, ITB for Consulting Services





Philippine Bidding Documents Clause 27.2(b), BDS for Consulting Services

Specify whether Bidders have the option to submit manually filed tax returns or tax returns filed through the Electronic Filing and Payment System (EFPS)

Only tax returns filed and taxes paid through the BIR Electronic Filing and Payment System (EFPS) shall be accepted. NOTE: The latest income and business tax

NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission.

returns are those within the last six months preceding the date of bid submission.

12-2013 Sections 23.6 and 24.6 of the IRR of RA 9184 Government corporate entities may be eligible

to participate in Competitive Bidding only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the procuring entity. The GPPB shall promulgate the necessary guidelines for this provision.

GOCCs may be eligible to participate in Competitive Bidding only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the procuring entity.

AMEND Sections 23.6 and 24.6 of the IRR of RA 9184 to use the term GOCCs instead of GCEs, delete the reference to GOP in item (c) thereof, and replace the term dependent with attached

Section 53.5 of the IRR of RA 9184 Procurement of infrastructure projects,

consulting services, and goods from another agency of the GOP, such as the PS-DBM, which is tasked with a centralized procurement of Common-Use Supplies for the GOP in accordance with Letters of Instruction No. 755 and Executive Order No. 359, series of 1989. For purposes of this sub-section, the term agency shall exclude GOCCs incorporated under Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the Philippines. The GPPB shall issue guidelines to implement this provision.

Procurement of infrastructure projects, consulting services, and goods from another agency of the GOP, such as the PS-DBM, which is tasked with a centralized procurement of Common-Use Supplies for the GOP in accordance with Letters of Instruction No. 755 and Executive Order No. 359, series of 1989.

AMEND Section 53.5 of the IRR of RA 9184 and DELETE the second paragraph

Section 4(c) of the Implementing Guidelines on Agency-to-Agency Agreements Servicing Agency shall refer to the agency

which delivers the goods, undertakes the infrastructure project, or provide consulting services. However, in accordance with Section 53.5 of the IRR of R.A. 9184, as amended, GOCCs incorporated under Batas Pambansa Blg. 68 or

Servicing Agency shall refer to the agency which delivers the goods, undertakes the infrastructure project, or provide consulting services.

AMEND Section 4(c) of the Implementing Guidelines on Agency-to-Agency Agreements (Guidelines) and DELETE the second paragraph that excludes non-chartered GOCCs as Servicing Agencies

the Corporation Code of the Philippines, which are vested with proprietary functions to enable them to compete with the private sector, are excluded from the definition of Servicing Agency, and thus, not qualified to act as Servicing Agency under the 1st paragraph of Section 53.5 of the IRR of R.A. 9184.

Scope and Application of the Implementing Guidelines on Agency-to-Agency Agreements Infrastructure projects undertaken through the

Armed Forces of the Philippines Corps of Engineers (AFPCOE) which shall continue to be governed by the Guidelines on Implementation of Infrastructure Projects Undertaken by the AFP Corps of Engineers under Government Procurement Policy Board (GPPB) Resolution No. 09-2005

These guidelines shall govern the procurement of infrastructure projects, consulting services, and goods from another agency of the GOP, which includes all Departments, Bureaus, Offices and Agencies of the National Government, Government-Owned and/or Controlled Corporations, Government Financing Institutions, State Universities and Colleges, and Local Government Units. However, infrastructure projects undertaken through the Armed Forces of the Philippines Corps of Engineers (AFPCOE) which shall continue to be governed by the Guidelines on Implementation of Infrastructure Projects Undertaken by the AFP Corps of Engineers under Government Procurement Policy Board (GPPB) Resolution No. 09-2005, are excluded from the application of these guidelines.

AMEND the Scope and Application in the Guidelines excluding the engagement of PS-DBM from its application

20-2013 Section 23.1.(a)(vi) of the IRR of RA 9184 For purposes of determining the eligibility of

bidders using the criteria stated in Section 23.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents:

a) Class A Documents

. . .

For purposes of determining the eligibility of bidders using the criteria stated in Section 23.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents:


. . .

AMEND Sections 23.1(a)(vi), 23.5.1.4 and 23.5.2.6 of the IRR of RA 9184

Financial Documents

. . .

(vi) The prospective bidders computation for its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial Bank to extend a credit line in favor of the prospective bidder if awarded the contract to be bid (CLC).

Financial Documents

. . .

(vi) The prospective bidders computation for its Net Financial Contracting Capacity (NFCC).

Section 23.5.1.4 of the IRR of RA 9184 If the prospective bidder submits a

computation of its NFCC, the NFCC must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract to be bid. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. If the prospective bidder submits a CLC, the CLC must be at least equal to ten percent (10%) of the ABC to be bid. If the CLC is issued by a foreign Universal or Commercial Bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. For biddings conducted by LGUs, the prospective bidder may also submit CLC from other banks certified by the BSP as authorized to issue such financial instrument.

The computation of a prospective bidders NFCC must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract to be bid. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The values of the bidders current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS).

Section 23.5.2.6 of the IRR of RA 9184 If the prospective bidder submits a

computation of its NFCC, the NFCC must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract to be bid. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. If the prospective bidder submits a CLC, the CLC must be at least equal to ten percent (10%) of the ABC to be bid. If the CLC is issued by a foreign Universal or Commercial Bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. For biddings conducted by LGUs, the prospective bidder may also submit CLC from other banks certified by the BSP as authorized to issue such financial instrument.

The computation of a prospective bidders NFCC must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract to be bid. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The values of the bidders current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS).

Philippine Bidding Documents Clause 5.5, ITB for Goods

The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded the contract for this Project (CLC). The NFCC, computed using the following formula, must be at least equal to the ABC to be bid:

The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC), which must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding

AMEND Clauses 5.5 and 12.1(a)(v) of the Instructions to Bidders of the Philippine Bidding Documents for Goods, and Clauses 5.5 and 12.1(a)(vi) of the Instructions to Bidders of the Philippine Bidding Documents for Infrastructure Projects

NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The CLC must be at least equal to ten percent (10%) of the ABC for this Project. If issued by a foreign bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. In the case of local government units (LGUs), the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas (BSP) as authorized to issue such financial instrument.

with the contract to be bid. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The values of the bidders current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS).

Philippine Bidding Documents Clause 12.1(a)(v), ITB for Goods

12. Documents Comprising the Bid: Eligibility and Technical Components

12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents:

(a) Eligibility Documents

Class A Documents:

. . .

(v) NFCC computation or CLC in accordance with ITB Clause 5.5;




Class A Documents:

. . .

(v) NFCC computation in accordance with ITB Clause 5.5;

AMEND Clauses 5.5 and 12.1(a)(v) of the Instructions to Bidders of the Philippine Bidding Documents for Goods, and Clauses 5.5 and 12.1(a)(vi) of the Instructions to Bidders of the Philippine Bidding Documents for Infrastructure Projects

Philippine Bidding Documents Clause 12.1(a)(vi), ITB for Infrastructure Projects




Class A Documents:

. . .

(vi) NFCC computation or CLC in accordance with ITB Clause 5.5;




Class A Documents:

. . .

(vi) NFCC computation in accordance with ITB Clause 5.5;

21-2013 Section 23.1(a) of the IRR of RA 9184 For purposes of determining the eligibility of

bidders using the criteria stated in Section 23.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents:

a) Class A Documents Legal Documents (i) Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives, or any proof of such registration as stated in the Bidding Documents. (ii) Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located.

For purposes of determining the eligibility of bidders using the criteria stated in Section 23.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents:


Legal Documents

(i) Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives, or any proof of such registration as stated in the Bidding Documents.

(ii) Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located.

(iii) Tax clearance per Executive Order 398,

AMEND Sections 23.1(a), 24.1(a) and 34.2 of the IRR of RA 9184

Series of 2005, as finally reviewed and approved by the BIR.

Section 24.1(a) of the IRR of RA 9184 For purposes of determining the eligibility and

short list of bidders in accordance with Sections 24.4 and 24.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents:

a) Class A Documents Legal Documents (i) Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives, or any proof of such registration as stated in the Bidding Documents; (ii) Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located;

For purposes of determining the eligibility and short list of bidders in accordance with Sections 24.4 and 24.5 of this IRR, only the following documents shall be required by the BAC, using the forms prescribed in the Bidding Documents:


Legal Documents

(i) Registration certificate from SEC, Department of Trade and Industry (DTI) for sole proprietorship, or CDA for cooperatives, or any proof of such registration as stated in the Bidding Documents;

(ii) Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located; and,

(iii) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR.

Section 34.2(a) of the IRR of RA 9184 Within three (3) calendar days from receipt by

the bidder of the notice from the BAC that the bidder has the Lowest Calculated Bid or Highest Rated Bid, the bidder shall submit the following documentary requirements to the BAC:

a) Tax clearance; b) Latest income and business tax returns; c) Certificate of PhilGEPS Registration; and

Within three (3) calendar days from receipt by the bidder of the notice from the BAC that the bidder has the Lowest Calculated Bid or Highest Rated Bid, the bidder shall submit the following documentary requirements to the BAC:

a) Latest income and business tax returns; b) Certificate of PhilGEPS Registration; and, c) Other appropriate licenses and permits

d) Other appropriate licenses and permits required by law and stated in the Bidding Documents.

Failure to submit the above requirements on time or a finding against the veracity of such shall be ground for the forfeiture of the bid security and disqualify the bidder for award.

required by law and stated in the Bidding Documents.

Failure to submit the above requirements on time or a finding against the veracity of such shall be ground for the forfeiture of the bid security and disqualify the bidder for award.

Philippine Bidding Documents Clause 12.1(a), ITB for Goods

Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents:


Class A Documents:

. . .




Class A Documents:

. . .

(v) NFCC computation in accordance with ITB Clause 5.5; and,

(vi) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR.

AMEND Clauses 12.1(a) and 29.2 of the ITB, PBDs for Goods; Clauses 12.1(a) and 28.2 of the ITB, PBDs for Infrastructure Projects; and Clause 2.1 of the Eligibility Documents and Clause 27.2 of the ITB, PBDs for Consulting Services



(a) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR;


(a) Latest income and business tax returns in the form specified in the BDS; (b) Certificate of PhilGEPS Registration; and

(b) Latest income and business tax returns in the form specified in the BDS; (c) Certificate of PhilGEPS Registration; and (d) Other appropriate licenses and permits required by law and stated in the BDS.

Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause or a finding against the veracity of such shall be ground for forfeiture of the bid security and disqualification of the Bidder for award.

(c) Other appropriate licenses and permits required by law and stated in the BDS.


Philippine Bidding Documents Clause 12.1(a), ITB for Infrastructure Projects



Class A Documents:

. . .




Class A Documents:

. . .

(v) NFCC computation in accordance with ITB Clause 5.5; and,

(vi) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR.




(a) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR; (b) Latest income and business tax returns in the form specified in the BDS; (c) Certificate of PhilGEPS Registration; and (d) Other appropriate licenses and permits required by law and stated in the BDS.


(a) Latest income and business tax returns in the form specified in the BDS; (b) Certificate of PhilGEPS Registration; and (c) Other appropriate licenses and permits required by law and stated in the BDS.


Philippine Bidding Documents Clause 2.1(a), Eligibility Documents for Consulting Services

The following eligibility requirements shall be submitted on or before the date of the eligibility check specified in the Request for Expression of Interest and Clause 5 for purposes of determining eligibility of prospective bidders:

a) Class A Documents:

Legal Documents

. . .

(ii) Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located;

The following eligibility requirements shall be submitted on or before the date of the eligibility check specified in the Request for Expression of Interest and Clause 5 for purposes of determining eligibility of prospective bidders:

a) Class A Documents:

Legal Documents

. . .

(ii) Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located; and,

(iii) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR.


Clause 27.2, ITB for Consulting Services Within a non-extendible period of three (3)

calendar days from receipt by the Consultant of the notice from the BAC that it is the HRB, the Consultant shall submit the following documentary requirements:

(a) Tax clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR; (b) Latest income and business tax returns in the form specified in the BDS; (c) Certificate of PhilGEPS Registration; and (d) Other appropriate licenses and permits required by law and stated in the BDS.

Failure of the Consultant declared as HRB to duly submit the requirements under this Clause or a finding against the veracity of such, shall be ground for forfeiture of the bid security and disqualification of the Consultant for award.

Within a non-extendible period of three (3) calendar days from receipt by the Consultant of the notice from the BAC that it is the HRB, the Consultant shall submit the following documentary requirements:

(a) Latest income and business tax returns in the form specified in the BDS; (b) Certificate of PhilGEPS Registration; and (c) Other appropriate licenses and permits required by law and stated in the BDS.

Failure of the Consultant declared as HRB to duly submit the requirements under this Clause or a finding against the veracity of such, shall be ground for forfeiture of the bid security and disqualification of the Consultant for award.

22-2013 Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the IRR of RA 9184 The first envelope shall contain the following

technical information/documents, at the least:

. . .

(iv) Sworn statement by the prospective bidder or its duly authorized representative in the form prescribed by the GPPB as to the following:

(1) It is not blacklisted or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international

The first envelope shall contain the following technical information/documents, at the least:

. . .

(iv) Sworn statement by the prospective bidder or its duly authorized representative in the form prescribed by the GPPB as to the following:

(1) It is not blacklisted or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international

AMEND Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the IRR of RA 9184

financing institution whose blacklisting rules have been recognized by the GPPB;

. . .

(7) It complies with existing labor laws and standards, in the case of procurement of services.

financing institution whose blacklisting rules have been recognized by the GPPB;

. . .

(8) It did not give or pay, directly or indirectly, any commission, amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity.

Omnibus Sworn Statement See attached file. See attached file. AMEND the prescribed Omnibus

Sworn Statement template in the Philippine Bidding Documents

25-2013 Section 27.2 of the IRR of RA 9184 The bid security shall be in an amount equal to

a percentage of the ABC in accordance with the following schedule: For biddings conducted by LGUs, the prospective bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial instrument.

The procuring entity shall indicate in the Bidding Documents the acceptable forms of bid security that bidders may opt to use, which shall include the Bid Securing Declaration provided in Section 27.5 of this IRR and at least one (1) other form, the amount of which shall be equal to a percentage of the ABC in accordance with the following schedule: For biddings conducted by LGUs, the procuring entity may also require bidders to submit bid securities in the form of

AMEND Sections 27.2, 27.5 and 39.2 of the IRR of RA 9184

Section 27.5 of the IRR of RA 9184 In lieu of a bid security mentioned in Section

27.2 above, the bidder may submit a Bid Securing Declaration that is an undertaking

A Bid Securing Declaration is an undertaking which states, among others, that the bidder shall enter into contract with the procuring

which states, among others, that the bidder shall enter into contract with the procuring entity and furnish the required performance security within ten (10) calendar days, or less, as indicated in the Bidding Documents, 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 activity in the event it violates any of the conditions stated therein as required in the guidelines issued by the GPPB.

entity and furnish the required performance security within ten (10) calendar days, or less, as indicated in the Bidding Documents, 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 activity in the event it violates any of the conditions stated therein as required in the guidelines issued by the GPPB.

Section 39.2 of the IRR of RA 9184 The performance security shall be in an

amount be equal to a percentage of the total contract price in accordance with the following schedule: . . . For biddings conducted by LGUs, the prospective bidder may also submit performance securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial instrument.

The procuring entity shall indicate in the Bidding Documents at least two (2) acceptable forms of performance security taken from two (2) categories below, that bidders may opt to use, the amount of which shall be equal to a percentage of the total contract price in accordance with the following schedule: . . . For biddings conducted by LGUs, the procuring entity may also require bidders to submit performance securities in the form of

Philippine Bidding Documents Clause 12.1(b)(i), ITB for Goods and Infrastructure Projects


. . .

(b) Technical Documents (i) Bid security in accordance with ITB Clause


. . .

(b) Technical Documents (i) Bid security in accordance with ITB Clause

AMEND Clauses 12.1(b)(i), 18.1 and 33.2 of the ITB and BDS of the PBDs for Goods; Clauses 12.1(b)(i), 18.1 and 32.2 of the ITB and BDS of the PBDs for Infrastructure Projects; and Clauses 10.2(a), 15.1 and 31.2 of the ITB and BDS of the PBDs for Consulting Services

18. If the Bidder opts to submit the bid security in the form of:

18. If the Procuring Entity requires the bidders to submit the bid security in the form of:

Philippine Bidding Documents Clause 10.2(a), ITB for Consulting Services

The Technical Proposal shall contain the following information/documents: (a) Bid security as prescribed in ITB Clause 15. If the Bidder opts to submit the bid security in the form of:

The Technical Proposal shall contain the following information/documents: (a) Bid security as prescribed in ITB Clause 15. If the Procuring Entity requires the bidders to submit the bid security in the form of:

Philippine Bidding Documents Clause 18.1, ITB for Goods and Infrastructure Projects Clause 15.1, ITB for Consulting Services

The bid security in the amount stated in the BDS shall be equal to the percentage of the ABC in accordance with the following schedule: For biddings conducted by LGUs, the prospective bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial instrument.

The procuring entity shall prescribe in the BDS the acceptable forms of bid security that bidders may opt to use, which shall include the Bid Securing Declaration and at least one (1) other form, the amount of which shall be equal to a percentage of the ABC in accordance with the following schedule: For biddings conducted by LGUs, the procuring entity may also require bidders to submit bid securities in the form of

Philippine Bidding Documents Clause 33.2, ITB for Goods; Clause 32.2, ITB for Infrastructure Projects Clause 31.1, ITB for Consulting Services

The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule:

The procuring entity shall prescribe at least two (2) acceptable forms of performance security taken from two (2) categories below that bidders may opt to use, denominated in Philippine Pesos and posted in favor of the Procuring Entity...


Clause 18.1, BDS for Goods and Infrastructure Projects Clause 15.1, BDS for Consulting Services

The bid security shall be in the following amount:

3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security.

The bid security shall be limited to Bid Securing Declaration and at least one (1) other form in accordance with the following amount:

3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security.

11-2012 Section 23.5.2.5 of the IRR of RA 9184 The 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, 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. Moreover, a contract shall be considered

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. Moreover, a contract shall be considered similar to the contract to be bid if it has the same major categories of work.

similar to the contract to be bid if it has the same major categories of work.

Section 23.5.2.4 of the IRR of RA 9184 The Constructors Performance Evaluation

System (CPES) rating and/or certificate of completion and owners acceptance of the contract must be satisfactory.

The Owners Certificate of Final Acceptance; or the Constructors Performance Evaluation Summary (CPES) Final Rating and/or the Certificate of Completion, must be satisfactory.

12-2012 Section 8.5.2 of the IRR of RA 9184 Eligibility requirements may be sent

electronically to a procuring entity through the PhilGEPS: Provided, however, That the prospective bidder concerned shall submit a certification to the BAC at least seven (7) calendar days before the deadline for the submission and opening of the technical and financial envelopes that the documents submitted are authentic copies of the original, complete, and all statements and information provided therein are true and correct: Provided, further, That the PhilGEPS shall allow manual submission of eligibility requirements. The PhilGEPS shall generate and send an acknowledgement of any eligibility requirement received by it.

Eligibility requirements may be sent electronically or manually to the PhilGEPS. When a manufacturer, supplier, distributor, contractor, or consultant registers with PhilGEPS, it shall submit along with the requirements a certification stating that the documents submitted are complete and authentic copies of the original, and all statements and information provided therein are true and correct. Upon confirmation, validation, and verification of the documents submitted, PhilGEPS may issue, in favor of the registered entity, a Certificate of Registration and Membership that contains the certification mentioned in the preceding sentence.

Section 23.4 of the IRR of RA 9184 To facilitate determination of eligibility, the

BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.

23.4.1. The registry system shall contain the foregoing Class A documents which should be maintained current and updated by the bidder concerned at least once a year or

To facilitate determination of eligibility, the BAC of a procuring entity may use the contents of the PhilGEPS electronic registry of manufacturers, suppliers, distributors, contractors, and/or consultants.

23.4.1. The PhilGEPS registry system shall contain the foregoing Class A documents, which should be maintained current and updated by the bidder concerned at least once a year or more frequently as may be

more frequently when needed.

23.4.2. A bidder who maintains a current and updated file of his Class A Documents shall be issued a certification by the BAC to that effect, which certification may be submitted to the procuring entity concerned in lieu of the foregoing Class A documents.

necessary.

23.4.2. A bidder who maintains a current and updated file of his Class A Documents may submit to the procuring entity, in lieu of the said documents, the Certificate of Registration and Membership issued by PhilGEPS pursuant to Section 8.5.2.

Section 24.4.3 of the IRR of RA 9184 To facilitate determination of eligibility, the

BAC of a procuring entity may maintain a registry system using the PhilGEPS or its own manual or electronic system that allows submission and/or recording/entry of eligibility requirements simultaneously with registration.

24.4.3.1. The registry system shall contain the foregoing Class A documents which should be maintained current and updated by the bidder concerned at least once a year or more frequently when needed.

24.4.3.2. A bidder who maintains a current and updated file of his Class A Documents shall be issued a certification by the BAC to that effect, which certification may be submitted to the procuring entity concerned in lieu of the foregoing Class A documents.

To facilitate determination of eligibility, the BAC of a procuring entity may use the contents of the PhilGEPS electronic registry of manufacturers, suppliers, distributors, contractors, and/or consultants.

24.4.3.1. The PhilGEPS registry system shall contain the foregoing Class A documents, which should be maintained current and updated by the bidder concerned at least once a year or more frequently as may be necessary.

24.4.3.2. A bidder who maintains a current and updated file of his Class A Documents may submit to the procuring entity, in lieu of the said documents, the Certificate of Registration and Membership issued by PhilGEPS pursuant to Section 8.5.2.

20-2012 Section 54.5 of the IRR of RA 9184 Performance and warranty securities, as

prescribed in Sections 39 and 62 of this IRR, shall be submitted for contracts acquired through the alternative methods of procurement, except for Shopping under Section 52 and Negotiated Procurement under Sections 53.2 (emergency cases), 53.9 (small

Performance and warranty securities, as prescribed in Section 39 and 62 of this IRR, shall be submitted for contracts acquired through the alternative methods of procurement, except for Shopping under Section 52 and Negotiated Procurement under Sections 53.2 (emergency cases), 53.5 (Agency-to-Agency),

value procurement), 53.10 (lease of real property), and 53.13 (UN agencies).

53.9 (small value procurement), 53.10 (lease of real estate property), 53.12 (Community Participation), and 53.13 (UN agencies),

Implementing Guidelines on Agency-to-Agency Agreements Section 5(c)

Subject to appropriate guidelines, the Procuring Agency may require the Servicing Agency to post a performance security under Section 39 of R.A. 9184 and/or post a warranty security under Section 62 of R.A. 9184. Section 6(e) Pursuant to Section 5 (c), the MOA shall reflect the agreement of the parties with regard to the posting of a performance bond and/or a warranty security.

Section 5(c) Subject to appropriate guidelines, the Procuring Agency may require the Servicing Agency to post a performance security under Section 39 of R.A. 9184 and/or post a warranty security under Section 62 of R.A. 9184. Section 6(e) Pursuant to Section 5(c), the MOA shall reflect the agreement of the parties with regard to the posting of a performance bond and/or a warranty security. Sections 5(d) and (e) to Sections 5(c) and (d), respectively. Section 6(f) to Section 6(e).

DELETION of the following provisions RENUMBERING of the following Sections

25-2012 Philippine Bidding Documents

Invitation to Bid for Goods A complete set of Bidding Documents may be

purchased by interested Bidders on [insert date of availability of Bidding Documents] from the address below and upon payment of a nonrefundable fee for the Bidding Documents in the amount of [insert amount in Pesos].

A complete set of Bidding Documents may be acquired by interested Bidders on [insert date of availability of Bidding Documents] from the address below {Insert if necessary: and 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]}.

Philippine Bidding Documents Clause 18, ITB for Goods

18.1 The bid security in the amount stated in the BDS shall be equal to the percentage of the

18.1 The bid security in the amount stated in the BDS shall be equal to the percentage of the

ABC in accordance with the following schedule:

Form of Bid Security Amount of Bid Security (Equal to Percentage of the ABC)

(a) Cash or cashiers/managers check issued by a Universal or Commercial Bank.

Two percent (2%)

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.

Five percent (5%)

(d) Any combination of the foregoing.

Proportionate to share of form with respect to total amount of security

For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement.

ABC in accordance with the following schedule:



Two percent (2%)

(b) Bank draft/ guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.

Five percent (5%)

(d) Any combination of items (a) to (c) above.


(e) Bid Securing Declaration

No percentage required

For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit

from other banks certified by the BSP as 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.


A Bidder determined as failed has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from 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.

35 Protest Mechanism Decision of the procuring entity at any stage of the procurement process may be questioned in accordance with Section 55 of the revised Implementing Rules and Regulations of Republic Act 9184.

DELETE Clause 24.7 of Section II. Instruction to Bidders and INSERT New provision, Clause 35

Philippine Bidding Documents Clause 11, GCC for Goods

11.2 For Goods supplied from abroad, the terms of payment shall be as follows: (a) On Contract Signature: Ten percent (10%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. Bidding Forms.

(b) On Delivery: Seventypercent (70%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents.

(c) On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entitys authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entitys authorized representative within forty five (45) days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entitys 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.

11.2 For Goods supplied from abroad, the terms of payment shall be as follows: (a) On Contract Signature: Fifteen percent (15%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. Bidding Forms.

(b) On Delivery: Sixty-five percent (65%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents.

(c) On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entitys authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entitys authorized representative within forty five (45) days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entitys 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.

Philippine Bidding Documents Invitation to Bid for Infrastructure Projects

A complete set of Bidding Documents may be A complete set of Bidding Documents may be

purchased by interested Bidders on from the address below and upon payment of a nonrefundable fee for the Bidding Documents in the amount of [insert amount in Pesos].

acquired by interested Bidders on [insert date of availability of Bidding Documents] from the address below {Insert if necessary: and 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]}.

Philippine Bidding Documents Clause 18, ITB for Infrastructure Projects

18.1 The bid security in the amount stated in the BDS shall be equal to the percentage of the ABC in accordance with the following schedule:



Two percent (2%)

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission

Five percent (5%)

18.1 The bid security in the amount stated in the BDS shall be equal to the percentage of the ABC in accordance with the following schedule:



Two percent (2%)

(b) Bank draft/ guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission

Five percent (5%)

as authorized to issue such security. (d) Any combination of the foregoing.


For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement.

as authorized to issue such security. (d) Any combination of items (a) to (c) above.


(e) Bid Securing Declaration

No percentage required

For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as 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 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.


A Bidder determined as failed has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to

34 Protest Mechanism Decision of the procuring entity at any stage of the procurement process may be questioned in accordance with Section 55 of the revised Implementing Rules and Regulations of Republic Act 9184.

DELETE Clause 24.7 of Section II. Instruction to Bidders and INSERT New provision, Clause 35

the fault of the Bidder concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from 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.

Philippine Bidding Documents Clause 12.1 (a), ITB for Infrastructure Projects

(iii.13) the statement shall be supported by the Constructors Performance Evaluation System (CPES) rating sheets, and/or certificates of completion and owners acceptance, if applicable;

(iii.13) the statement shall be supported by the Owners Certificate of Final Acceptance or the Certificate of Completion and, whenever applicable, the Constructors Performance Evaluation Summary (CPES) Final Rating, which must be satisfactory;


(a) Unless otherwise provided in the BDS, the Bidder must have completed, within ten (10) years from the submission of bids, a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the ABC adjusted to current prices using the National Statistics Office consumer price index.

(a) Unless otherwise provided in the BDS, the Bidder must have an experience of having completed at least one (1) contract that is similar to this Project, equivalent to at least fifty percent (50%) of the ABC adjusted to current prices using the National Statistic Office 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.


Form of Bid Security Amount of Bid

Security (Equal to Percentage of the ABC)

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank.

Five percent (5%)

Form of Bid Security Amount of Bid

Security (Equal to Percentage of the ABC)

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank.

Ten percent (10%)

Philippine Bidding Documents Clause 32.2, BDS for Infrastructure Projects

1. The amount of __________ [Insert 5% of ABC], if performance security is in cash, cashiers/managers check, bank draft/guarantee or irrevocable letter of credit; 2. The amount of __________ [Insert 30% of ABC] if performance security is in Surety Bond;

1. The amount of __________ [Insert 10% of the Total Contract Price], if performance security is in cash, cashiers/managers check, bank draft/guarantee or irrevocable letter of credit; 2. The amount of __________ [Insert 30% of the Total Contract Price] if performance security is in Surety Bond;

27-2012 Section 23.4.3 of the IRR of RA 9184 If the procuring entity maintains a registry

system using the PhilGEPS or its own electronic system, a prospective bidder, whether or not duly registered in either system, shall submit a written letter of intent and/or its application for eligibility and latest Class A documents, to the BAC on or before the deadline specified in the Bidding Documents. Any application for eligibility or updates submitted after the

- Deleted DELETE Section 23.4.3 of the revised IRR of RA 9184, and the similar provision under Section 24.4.3.3 of the same IRR, requiring the submission of a written LOI and/or application of eligibility together with the latest Class A Documents in case the procuring entity maintains a registry system using the PhilGEPS or

deadline for the submission of the letter of intent shall not be considered for the bidding at hand.

its own electronic system.

Section 24.4.3.3 of the IRR of RA 9184 If the procuring entity maintains a registry

system using the PhilGEPS or its own electronic system, a prospective bidder, whether or not duly registered in either system, shall submit a written letter of intent and/or its application for eligibility and latest Class A documents, to the BAC on or before the deadline specified in the Bidding Documents which shall in no case be later than the date for the submission and receipt of bids. Any application for eligibility or updates submitted after the deadline for the submission of the letter of intent shall not be considered for the bidding at hand.

- Deleted

29-2012 Section 23.1(a)(iii) of the IRR of RA 9184 Statement of the prospective bidder of all its

ongoing and completed government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar in nature and complexity to the contract to be bid, within the relevant period as provided in the Bidding Documents. The statement shall include all information required in the PBDs prescribed by the GPPB.

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

AMEND Section 23.1(a)(iii) of the IRR of RA 9184 To interpret that failure to include an immaterial ongoing contract or failure to disclose complete information in the statement of contracts shall result in the following: GPPB Resolution No. 2012, dated 23 November 2012. Page 3 of 3 a. Disqualification of the bidder for non-compliance with the eligibility requirement under Sections 23.1 or 24.1 of the revised IRR. b. Blacklisting under Section 65.3 (a) or (b) of the revised IRR.

matrix gppb resolution

Documents

tax clearance

business tax returns

selected projects

simple infrastructure

nonextendible period

calendar days

nonconsulting services

executive order