PROVISION AMENDMENT/S

Transcription

1 GPPB Resolution ORIGINAL PROVISION AMENDMENT/S Comment/s Section 1.5 Annex E of the IRR of RA 9184 In claiming for any Variation Order, the contractor shall, within seven (7) calendar days after such work has been commenced or after the circumstances leading to such condition(s) leading to the extra cost, and within twentyeight (28) calendar days deliver a written communication giving full and detailed particulars of any extra cost in order that it may be investigated at that time. Failure to provide either of such notices in the time stipulated shall constitute a waiver by the contractor for any claim. The preparation and submission of Variation Orders are as follows: a) If the procuring entity s representative/project Engineer believes that a Change Order or Extra Work Order should be issued, he shall prepare the proposed Order accompanied with the notices submitted by the contractor, the plans therefor, his computations as to the quantities of the additional works involved per item indicating the specific stations where such works are needed, the date of his inspections and investigations thereon, and the log book thereof, and a detailed estimate of the unit cost of such items of work, together with his justifications for the need of such Change Order or Extra Work Order, and shall submit the same to the Head of the Procuring Entity for approval. b) The procuring entity s representative/project Engineer, upon receipt of the proposed Change Order or Extra Work Order shall immediately instruct the technical staff of the Region to In claiming for any Variation Order, the contractor shall, within seven (7) calendar days after such work has been commenced pursuant to Section 3.2 hereof; or, within twenty-eight (28) calendar days after the circumstances or reasons justifying a claim for extra cost shall have occurred, deliver a notice giving full and detailed particulars of any extra cost in order that it may be investigated at that time. Failure to provide either of such notices in the time stipulated shall constitute a waiver by the contractor for any claim. The preparation and submission of Variation Orders are as follows: No revision b) The Head of the Procuring Entity or his duly authorized representative procuring entity s representative/project Engineer, upon receipt of the proposed Change Order or Extra Work Order shall immediately

2 conduct an on-the-spot investigation to verify the need for the work to be prosecuted. A report shall be submitted directly to the procuring entity s representative/project Engineer. c) The procuring entity s representative/project Engineer, after being satisfied that such Change Order or Extra Work Order is justified and necessary, shall review the estimated quantities and prices and forward the proposal with the supporting documentation to the Head of the Procuring Entity or his duly authorized representative for consideration. d) If, after the review of the plans, quantities and estimated cost of the items of work involved, the proper office of the procuring entity empowered to review and evaluate Change Orders or Extra Work Orders recommends approval thereof, the Head of the Procuring Entity or his duly authorized representative, believing the Change Order or Extra Work Order to be in order, shall approve the same. e) The timeframe for the processing of the Variation Orders from the preparation up to the approval by the procuring entity concerned shall not exceed thirty (30) calendar days. Section 3.1 Annex E of the IRR of RA 9184 Under no circumstances shall a contractor proceed to commence work under any Change Order or Extra Work Order unless it has been approved by the Head of the Procuring Entity instruct the appropriate technical staff or office of the procuring entity to conduct an on-the-spot investigation to verify the need for the work to be prosecuted and to review the proposed plan, quantities, and prices of the work involved. c) The technical staff or appropriate office of the procuring entity shall submit a report of their findings and recommendations, together with the supporting documents, to the Head of the Procuring Entity or his duly authorized representative for consideration. d) The Head of the Procuring Entity or his duly authorized representative, acting upon the recommendation of the technical staff or appropriate office, shall approve the Change Order or Extra Work Order after being satisfied that the same is justified, necessary, and in order. No revision 3.1. Under no circumstances shall a contractor proceed to commence work under any Change Order or Extra Work Order unless it has been approved by the Head of the

3 or his duly authorized representative. Exceptions to the preceding rule are the following: a. The Head of the Procuring Entity or his duly authorized representative may, subject to the availability of funds, authorize the immediate start of work under any Change Order or Extra Work Order under any or all of the following conditions: i) In the event of an emergency where the prosecution of the work is urgent to avoid detriment to public service, or damage to life and/or property; and/or ii) When time is of the essence; Provided, however, That such approval is valid on work done up to the point where the cumulative increase in value of work on the project which has not yet been duly fully approved does not exceed five percent (5%) of the adjusted original contract price whichever is less; Provided, further, That immediately after the start of work, the corresponding Change Order or Extra Work Order shall be prepared and submitted for approval in accordance with the above rules herein set. Payments for works satisfactorily accomplished on any Change Order or Extra Work Order may be made only after approval of the same by the Head of the Procuring Entity or his duly authorized representative. Procuring Entity or his duly authorized representative. Exceptions to the preceding rule are the following: 3.2. However, under any of the following conditions, the procuring entity s representative/project Engineer may, subject to the availability of funds and within the limits of his delegated authority, allow the immediate start of work under any Change Order or Extra Work Order: i) In the event of an emergency where the prosecution of the work is urgent to avoid detriment to public service, or damage to life and/or property; and/or ii) When time is of the essence; Provided, however, That such approval is valid on work done up to the point where the cumulative increase in value of work on the project which has not yet been duly fully approved does not exceed five percent (5%) of the adjusted original contract price whichever is less; No revision

4 b. For a Change Order or Extra Work Order involving a cumulative amount exceeding five percent (5%) of the original contract price, no work thereon may be commenced unless said Change Order or Extra Work Order has been approved by the procuring entity s representative/ Project Engineer Section 55.3 of the IRR of RA 9184 Section 55.4 of the IRR of RA 9184 Provided, finally, That for a Change Order or Extra Work Order involving a cumulative amount exceeding five percent (5%) of the original contract price, no work thereon may be commenced unless said Change Order or Extra Work Order has been approved by the Head of the Procuring Entity or his duly authorized representative procuring entity s representative/ Project Engineer. The protest must be filed within seven (7) calendar days from receipt by the party concerned of the resolution of the BAC denying its request for reconsideration. A protest may be made by filing a verified position paper with the Head of the Procuring Entity concerned, accompanied by the payment of a nonrefundable protest fee. The non-refundable protest fee shall be as follows: ABC RANGE 50 million pesos and below More than 50 million pesos to 100 million pesos More than 100 million pesos to 500 million pesos More than 500 million pesos to 1 billion pesos More than 1 billion pesos to 2 billion pesos More than 2 billion pesos to 5 billion pesos More than 5 billion pesos PROTEST FEE 0.75% of the ABC PhP 500, % of the ABC PhP 2,500, % of the ABC PhP 5,000, % of the ABC The verified position paper shall contain the following information: a) The name of bidder;

5 b) The office address of the bidder; c) The name of project/contract; d) The implementing office/agency or procuring entity; e) A brief statement of facts; f) The issue to be resolved; and g) Such other matters and information pertinent and relevant to the proper resolution of the protest. The position paper must be verified by an affidavit that the affiant has read and understood the contents thereof and that the allegations therein are true and correct of his personal knowledge or based on authentic records. An unverified position paper shall be considered unsigned, produces no legal effect, and results to the outright dismissal of the protest. In addition, the bidder shall likewise certify under oath that: a) he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasijudicial agency and, to the best of his knowledge, no such other action or claim is pending therein; b) if there is such other pending action or claim, he is including a complete statement of the present status thereof; and c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the Head of Procuring Entity wherein his protest is filed.

6 Failure to comply with the foregoing requirements shall not be curable by mere amendment of the verified position paper Section 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 similar to the contract to be bid if it has the same major categories of work. Section of the IRR of RA 9184 The Constructors Performance Evaluation System (CPES) rating and/or certificate of completion and owner s acceptance of the contract must be satisfactory Section of the IRR of RA 9184 Eligibility requirements may be sent 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. The Owner s Certificate of Final Acceptance; or the Constructors Performance Evaluation Summary (CPES) Final Rating and/or the Certificate of Completion, must be satisfactory. Eligibility requirements may be sent

7 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. 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 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 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. Section of the IRR of RA 9184 To facilitate determination of eligibility, the 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. 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 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 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 To facilitate determination of eligibility, the

8 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 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 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 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 value procurement), (lease of real property), and (UN agencies). BAC of a procuring entity may use the contents of the PhilGEPS electronic registry of manufacturers, suppliers, distributors, contractors, and/or consultants 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 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 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), 53.9 (small value procurement), (lease of real estate property), (Community Participation), and (UN agencies), Implementing Guidelines on Agency-to-Agency Agreements Section 5(c) Section 5(c) Subject to appropriate guidelines, the Procuring Subject to appropriate guidelines, the Procuring Agency may require the Servicing Agency to Agency may require the Servicing Agency to post a performance security under Section 39 post a performance security under Section 39 of R.A and/or post a warranty security of R.A and/or post a warranty security under Section 62 of R.A under Section 62 of R.A DELETION of the following provisions

9 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 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. RENUMBERING of the following Sections Section 6(f) to Section 6(e) 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]. 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 ABC in accordance with the following schedule: 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]} 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 (a) Cash or cashier s/manager s check issued by a Universal or Commercial Bank. (b) Bank draft/guarantee or Amount of Bid Security (Equal to Percentage of the ABC) Two percent (2%) Form of Bid Security (a) Cash or cashier s/manager s check issued by a Universal or Commercial Bank. (b) Bank draft/ guarantee or Amount of Bid Security (Equal to Percentage of the ABC) Two percent (2%)

10 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. (d) Any combination of the foregoing. Five percent (5%) 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 cashier s/manager s check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement. 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. (d) Any combination of items (a) to (c) above. (e) Bid Securing Declaration Five percent (5%) Proportionate to share of form with respect to total amount of security No percentage required For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashier s/manager s 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

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

12 (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 Entity s authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entity s 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 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. Invitation to Bid for Infrastructure Projects 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]. (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 Entity s authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entity s 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 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. 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]}. Clause 18, ITB for Infrastructure Projects

13 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 (a) Cash or cashier s/manager s check issued by a Universal or Commercial Bank. (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. (d) Any combination of the foregoing. Amount of Bid Security (Equal to Percentage of the ABC) Two percent (2%) Five percent (5%) 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 cashier s/manager s check, bank draft/guarantee, or irrevocable letter of credit 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 (a) Cash or cashier s/manager s check issued by a Universal or Commercial Bank. (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. (d) Any combination of items (a) to (c) above. (e) Bid Securing Declaration Amount of Bid Security (Equal to Percentage of the ABC) Two percent (2%) Five percent (5%) Proportionate to share of form with respect to total amount of security No percentage required For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of

14 from other banks certified by the BSP as authorized to issue such financial statement. cashier s/manager s check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement. Clause 24.7, ITB for Infrastructure Projects 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. 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. 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 DELETE Clause 24.7 of Section II. Instruction to Bidders and INSERT New provision, Clause 35

15 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 owner s acceptance, if applicable; Clause 5.4, ITB for Infrastructure Projects (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. (iii.13) the statement shall be supported by the Owner s 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 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. Clause 32.2, ITB for Infrastructure Projects Form of Bid Security (b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be Amount of Bid Security (Equal to Percentage of the ABC) Five percent (5%) Form of Bid Security (b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be Amount of Bid Security (Equal to Percentage of the ABC) Ten percent (10%)

16 confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. Clause 32.2, BDS for Infrastructure Projects 1. The amount of [Insert 5% of ABC], if performance security is in cash, cashier s/manager s check, bank draft/guarantee or irrevocable letter of credit; 2. The amount of [Insert 30% of ABC] if performance security is in Surety Bond; Section 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 deadline for the submission of the letter of intent shall not be considered for the bidding at hand. Section 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 1. The amount of [Insert 10% of the Total Contract Price], if performance security is in cash, cashier s/manager s 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; - Deleted DELETE Section of the revised IRR of RA 9184, and the similar provision under Section 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 its own electronic system. - Deleted

17 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 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 Section 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 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 bidder s single largest completed contract similar to the contract to be bid, except under conditions provided for in Section 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. 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 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 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. AMEND Section 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 of the revised IRR of RA 9184.

18 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: 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. Clause 28.2, ITB for Infrastructure Projects 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: 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 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, as finally reviewed and approved by the BIR. 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. 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, as finally reviewed and approved by the BIR. Only tax returns filed and taxes paid through the BIR Electronic Filing and Payment System (EFPS) shall be accepted. AMEND the PBD for Goods, Infrastructure Projects, and Consulting Services EFFECTIVITY of the amendments to the PBD for Goods, Infrastructure Projects, and Consulting Services shall be on 15 June 2013

19 System (EFPS) NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission. Clause 27.2, ITB for Consulting Services 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: 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) NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission 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. NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission. 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, as finally reviewed and approved by the BIR. 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. 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

20 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 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 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 Servicing Agency shall refer to the agency which delivers the goods, undertakes the which delivers the goods, undertakes the infrastructure project, or provide consulting infrastructure project, or provide consulting services. 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 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 Scope and Application of the Implementing Guidelines on Agency-to-Agency Agreements Infrastructure projects undertaken through the These guidelines shall govern the procurement Armed Forces of the Philippines Corps of of infrastructure projects, consulting services, Engineers (AFPCOE) which shall continue to be and goods from another agency of the GOP, governed by the Guidelines on Implementation which includes all Departments, Bureaus, of Infrastructure Projects Undertaken by the Offices and Agencies of the National AMEND Section 4(c) of the Implementing Guidelines on Agencyto-Agency Agreements (Guidelines) and DELETE the second paragraph that excludes non-chartered GOCCs as Servicing Agencies AMEND the Scope and Application in the Guidelines excluding the engagement of PS-DBM from its application

21 AFP Corps of Engineers under Government Procurement Policy Board (GPPB) Resolution No Government, Government-Owned and/or Controlled Corporations, Government Financing Institutions, State Universities and Colleges, and Local Government Units 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... Financial Documents... (vi) The prospective bidder s 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). Section of the IRR of RA 9184 If the prospective bidder submits a 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 , are excluded from the application of these guidelines. 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... Financial Documents... (vi) The prospective bidder s computation for its Net Financial Contracting Capacity (NFCC). The computation of a prospective bidder s AMEND Sections 23.1(a)(vi), and of the IRR of RA 9184

22 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. Section 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 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 bidder s current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS). The computation of a prospective bidder s 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

23 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. 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: 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 than one year up to two years, and 20 for a contract duration of more than two years. The values of the bidder s current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS). 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 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 bidder s current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS). AMEND Clauses 5.5 and 12.1(a)(v) of the Instructions to Bidders of the for Goods, and Clauses 5.5 and 12.1(a)(vi) of the Instructions to Bidders of the Philippine Bidding Documents for Infrastructure Projects