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

24 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. Clause 12.1(a)(v), ITB for Goods 12. Documents Comprising the Bid: Eligibility and Technical Components 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; 12. Documents Comprising the Bid: Eligibility and Technical Components 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 in accordance with ITB Clause 5.5; 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 Clause 12.1(a)(vi), ITB for Infrastructure Projects 12. Documents Comprising the Bid: Eligibility and Technical Components 12. Documents Comprising the Bid: Eligibility and Technical Components Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents:

25 ... (vi) NFCC computation or CLC in accordance with ITB Clause 5.5; 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) Mayor s permit issued by the city or municipality where the principal place of business of the prospective bidder is located. 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... (vi) NFCC computation in accordance with ITB Clause 5.5; 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) Mayor s 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, Series of 2005, as finally reviewed and approved by the BIR. 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 AMEND Sections 23.1(a), 24.1(a) and 34.2 of the IRR of RA 9184

26 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) Mayor s permit issued by the city or municipality where the principal place of business of the prospective bidder is located; 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) Mayor s 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 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. 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 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. Clause 12.1(a), ITB for Goods Unless otherwise indicated in the BDS, the Unless otherwise indicated in the BDS, the AMEND Clauses 12.1(a) and 29.2 of

27 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; 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, 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 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. first envelope shall contain the following eligibility and technical documents: (a) Eligibility 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. 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) 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 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. 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

28 Clause 12.1(a), ITB for Infrastructure Projects 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; 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 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. 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, 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 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 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) 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 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.

29 the bid security and disqualification of the Bidder for award. Clause 2.1(a), Eligibility Documents for Consulting Services The following eligibility requirements shall be The following eligibility requirements shall be submitted on or before the date of the submitted on or before the date of the eligibility check specified in the Request for eligibility check specified in the Request for Expression of Interest and Clause 5 for Expression of Interest and Clause 5 for purposes of determining eligibility of purposes of determining eligibility of prospective bidders: prospective bidders: a) Class A Documents: Legal Documents... (ii) Mayor s permit issued by the city or municipality where the principal place of business of the prospective bidder is located; a) Class A Documents: Legal Documents... (ii) Mayor s 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 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

30 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. 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 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: The first envelope shall contain the following technical information/documents, at the least: AMEND Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the IRR of RA 9184 (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 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. (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 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

31 See attached file. See attached file. AMEND the prescribed Omnibus Sworn Statement template in the 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 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 instrument. 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 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. Section 39.2 of the IRR of RA 9184 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 A Bid Securing Declaration is an undertaking 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. AMEND Sections 27.2, 27.5 and 39.2 of the IRR of RA 9184

32 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 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 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 Clause 12.1(b)(i), ITB for Goods and Infrastructure Projects Unless otherwise indicated in the BDS, the first Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility envelope shall contain the following eligibility and technical documents: and technical documents:... (b) Technical Documents (i) Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of: Clause 10.2(a), ITB for Consulting Services The Technical Proposal shall contain the following information/documents:... (b) Technical Documents (i) Bid security in accordance with ITB Clause 18. If the Procuring Entity requires the bidders to submit the bid security in the form of: The Technical Proposal shall contain the following information/documents: 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 (a) Bid security as prescribed in ITB Clause 15. If the Bidder opts to submit the bid security in the form of: (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: Clause 18.1, ITB for Goods and Infrastructure Projects

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

34 Section 34.2 of the IRR of RA 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 tax returns; c) Certificate of PhilGEPS Registration, provided that participating bidders should register with the PhilGEPS prior to bid opening; and d) Other 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. Section 54.6 of the IRR of RA 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 or PhilGEPS Registration Number if the procuring entity is a Philippine foreign office or post, provided that participating bidders should register with the PhilGEPS prior to bid opening; and c) 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 Manufacturers, suppliers, distributors, contractors, and/or consultants are mandated to register with PhilGEPS and provide a PhilGEPS Registration number in the following alternative methods of procurement as a condition for award of the contract: (a) Section 49 Limited Source Bidding (b) Section 50 Direct Contracting (c) Section 51 Repeat Order (d) Section 52.1 (b) Shopping for Ordinary Office Supplies and Equipment not available in the Procurement Service (e) Section 53.1 Two Failed Bidding INLCUDE a new provision relative to the requirement of PhilGEPS Registration in Alternative Methods of Procurement under Section 54.6 of the IRR of RA 9184

35 (f) Section 53.3 Take Over of Contracts (g) Section 53.4 Adjacent and Contiguous (h) Section 53.9 Small Value Procurement (i) Section Lease of Real Property (j) Section NGO Participation EXCEPT for the following: (a) Section 52.1 (a) Shopping under Unforeseen Contingency (b) Section 53.2 Emergency Cases (c) Section 53.5 Agency to Agency Agreements (d) Section 63.6 Procurement Agent (except private procurement agents) (e) Section 53.7 Highly Technical Consultants (f) Section 53.8 Defense Cooperation Agreement (g) Section Community Participation (h) Section United Nations Agency Section 23.2 of the IRR of RA 9184 Subject to Section 37.1 of this IRR, in the case of foreign bidders, the foregoing eligibility requirements under Class A Documents may be substituted by the appropriate equivalent documents, if any, issued by the country of the foreign bidder concerned. The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines must accompany the eligibility requirements under Class A and B Documents if they are in other foreign language. Subject to Section 37.1 of this IRR, in the case of foreign bidders, the foregoing eligibility requirements under Class A Documents may be substituted by the appropriate equivalent documents, if any, issued by the country of the foreign bidder concerned. The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder s country; and shall be authenticated by the

36 appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder s affairs in the Philippines. Section 24.2 of the IRR of RA 9184 In the case of foreign consultants, the foregoing eligibility requirements under Class A Documents may be substituted by the appropriate equivalent documents, if any, issued by the foreign consultant s country. The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines must accompany the eligibility requirements under Class A and B Documents if they are in other foreign language. In the case of foreign consultants, the foregoing eligibility requirements under Class A Documents may be substituted by the appropriate equivalent documents, if any, issued by the foreign consultant s country. The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder s country; and shall be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder s affairs in the Philippines. Clause 11, ITB for Goods and Infrastructure Projects The bid, as well as all correspondence and The bid, as well as all correspondence and documents relating to the bid exchanged by the documents relating to the bid exchanged by the Bidder and the Procuring Entity, shall be Bidder and the Procuring Entity, shall be written in English. Supporting documents and written in English. If the eligibility printed literature furnished by the Bidder may requirements or statements, the bids, and all be in another language provided they are other documents submitted to the BAC are in accompanied by an accurate translation in foreign language other than English, it must be English certified by the appropriate embassy or accompanied by a translation of the

37 consulate in the Philippines, in which case the English translation shall govern for purposes of interpretation of the bid. documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder s country; and shall be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid. Clause 2.3, Eligibility Documents for Consulting Services Clause 2.3. The eligibility requirements or Clause 2.3. The eligibility requirements or statements and all other documents to be statements and all other documents to be submitted to the BAC must be in English. A submitted to the BAC must be in English. If the translation of the documents in English eligibility requirements or statements, the certified by the appropriate embassy or bids, and all other documents submitted to consulate in the Philippines must accompany the BAC are in foreign language other than the eligibility requirements under Classes A English, it must be accompanied by a and B Documents if they are in other foreign translation of the documents in English. The language. documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder s country; and shall be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder s affairs in the Philippines. Clause 9, ITB for Consulting Services The Bid, as well as all correspondence and documents relating to the bid exchanged by the Consultant and the Procuring Entity, shall be written in English. Supporting documents and The Bid, as well as all correspondence and documents relating to the bid exchanged by the Consultant and the Procuring Entity, shall be written in English. If the eligibility

38 printed literature furnished by the Consultant may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern, for purposes of interpretation of the bid. requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder s country; and shall be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid Section 5 Guidelines on the Use of Bid Securing Declaration GROUNDS FOR ENFORCEMENT OF BID SECURING DECLARATION. GROUNDS FOR ENFORCEMENT OF BID SECURING DECLARATION. The Bid Securing Declaration shall be enforced when the bidder commits any of the following: a) Withdraws its bid during the period of bid validity required in the bidding documents; or The Bid Securing Declaration shall be enforced when the bidder commits any act resulting to the forfeiture of bid security under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of the IRR of RA b) Fails or refuses to accept the award and enter into contract or perform any and all the act necessary to the execution of the contract, in accordance with the bidding documents, after having been duly notified of the acceptance of its Bid during the period of bid validity. Section 6 Guidelines on the Use of Bid Securing Declaration PENALTIES PENALTIES

39 Commission of any of the acts mentioned in Section 5 of these Guidelines shall merit the following sanctions: a) Penalty of automatic blacklisting for two (2) years in all government procurement activities; b) Payment of fine equivalent to the amount subject to the following rules: i) In case of multiple bidders, the difference between the evaluated bid prices of the bidder with the Lowest Calculated/Highest Rated Bid and the bidder with the next Lowest Calculated/Highest Rated Bid, and so on. However, as regards the bidder with the highest calculated/lowest rated bid, the amount shall be based on the difference between the evaluated bid price and the Approved Budget for the Contract; ii) In case of a single bidder, the difference between the evaluated bid price and the Approved Budget for the Contract. Commission of any of the acts mentioned in Section 5 of these Guidelines shall merit the following sanctions: b) Penalty of automatic blacklisting for two (2) years in all government procurement activities; c) Payment of fine equivalent to the amount subject to the following rules: i) In case of multiple bidders: Two Percent (2%) of the Approved Budget for the Contract (ABC) or the Difference between the evaluated bid prices of the bidder with the Lowest Calculated/Highest Rated Bid and the bidder with the next Lowest Calculated/Highest Rated Bid, and so on, whichever is HIGHER; As regards the bidder with the Highest Calculated/Lowest Rated Bid, the amount shall be Two Percent (2%) of the ABC or the Difference between the evaluated bid price and the ABC, whichever is HIGHER; ii) In case of a single bidder: Two Percent (2%) of the ABC or the Difference between the evaluated bid price and the Approved Budget for the Contract, whichever is HIGHER. iii) Violations committed prior to opening of financial envelope: A fix amount equivalent to two

40 Paragraph 2 of the Standard Format of Bid Securing Declaration 2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years upon receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing Declaration, if I/we have committed any of the following actions: (i) Withdrawn my/our Bid during the period of bid validity required in the Bidding Documents; or (ii) Fail or refuse to accept the award and enter into contract or perform any and all acts necessary to the execution of the Contract, in accordance with the Bidding Documents after having been notified of your acceptance of our Bid during the period of bid validity. percent (2%) of the ABC. iv) The bidder shall pay the abovementioned fine within fifteen (15) days from receipt of the written demand by the procuring entity as a result of the violation of the conditions in the Bid Securing Declaration. v) The imposition of the foregoing fine is without prejudice to other legal action the government may undertake against the erring bidder. 2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years upon receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from receipt of the written demand by the procuring entity for the commission of acts resulting to the enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of the IRR of RA 9184; without prejudice to other legal action the government may undertake Section 23.1(a)(iv) of the IRR of RA 9184 Statement of the prospective bidder of all its Statement of the prospective bidder of all its

41 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 Sec 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. Clause 12.1, ITB for Goods Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: (iii) Statement of all its ongoing and completed government and private contracts within the period stated in the BDS, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following 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; and Statement identifying the bidder s single largest completed contract similar to the contract to be bid, except under conditions provided for in Sec 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. Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: (iii) Statement 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; and Statement identifying the bidder s single largest completed contract similar to the contract to be bid, except under conditions provided for in Sec of the IRR, within

42 Clause 12.1(a)(iii), BDS for Goods The statement of all ongoing and completed government and private contracts shall include all such contracts within [state relevant period as provided in the Invitation to Bid] prior to the deadline for the submission and receipt of bids. No. 2, IB for Infrastructure Projects The [insert name of Procuring Entity] now invites bids for [insert brief description of Works to be procured]. Completion of the Works is required [insert the required completion date or expected contract duration]. Bidders should have completed, within ten (10) years from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders. Clause 5.4.(a), ITB for Infrastructure Projects 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. the relevant period as provided in the BDS. The statement shall include, for each contract, the following The statement of all ongoing government and private contracts shall include all such contracts within [state relevant period as provided in the Invitation to Bid] prior to the deadline for the submission and receipt of bids. The [insert name of Procuring Entity] now invites bids for [insert brief description of Works to be procured]. Completion of the Works is required [insert the required completion date or expected contract duration]. Bidders should have completed a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders. Clause 5.4.(a) Unless otherwise provided in the BDS, the Bidder must have completed 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. DELETE and completed

43 Clause 12.1, ITB for Infrastructure Projects Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (b) Eligibility Documents Class A Documents: (iv) Statement of all its ongoing and completed government and private contracts within 10 years from the submission of bids, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: (iii) Statement 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; and Statement identifying the bidder s single largest completed contract similar to the contract to be bid. The statement shall include, for each contract, the following Section 34.2 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) Latest income and business tax returns; b) Certificate of PhilGEPS Registration; and, c) Other appropriate licenses and permits required by law and stated in the Bidding Documents... 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 or PhilGEPS Registration Number if the procuring entity is a Philippine foreign office or post, provided that participating bidders should register with the PhilGEPS prior to bid opening; and c) Other appropriate licenses and permits required by law and stated in the Bidding

44 Documents Clause 29.2, ITB for Goods 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) 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 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) 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 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) Latest income and business tax returns in the form specified in the BDS; (b) Certificate of PhilGEPS Registration or PhilGEPS Registration Number if the procuring entity is a Philippine foreign office or post, provided that participating bidders should register with the PhilGEPS prior to bid opening; and (c) Other appropriate licenses and permits required by law and stated in the BDS 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 or PhilGEPS Registration Number if the procuring entity is a Philippine foreign office or post, provided that participating bidders should register with the PhilGEPS prior to bid opening; and (c) Other appropriate licenses and permits required by law and stated in the BDS

45 Section 23.1(b) of the IRR of RA 9184 Class B Document Valid joint venture agreement (JVA), in case the joint venture is already in existence. In the absence of a JVA, duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful shall be included in the bid. Failure to enter into a joint venture in the event of a contract award shall be ground for the forfeiture of the bid security. Each partner of the joint venture shall submit the legal eligibility documents. The submission of technical and financial eligibility documents by any of the joint venture partners constitutes compliance. Class B Document For goods, valid joint venture agreement (JVA), in case the joint venture is already in existence. In the absence of a JVA, duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful shall be included in the bid. Failure to enter into a joint venture in the event of a contract award shall be ground for the forfeiture of the bid security. Each partner of the joint venture shall submit the legal eligibility documents. The submission of technical and financial eligibility documents by any of the joint venture partners constitutes compliance. For infrastructure projects, JV bidders shall submit a JVA in accordance with RA 4566 and its IRR. Clause 12.1(a)(viii), ITB for Infrastructure Projects Class B Document Class B Document If applicable, valid Joint Venture Agreement If applicable, valid Joint Venture Agreement (JVA) or, in lieu thereof, duly notarized (JVA) shall be included in the bid. statements from all potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful shall be included in the bid. Clause 30.3(a)(i), ITB for Infrastructure Projects Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following conditions: (a) Submission of the following documents Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following conditions: (a) Submission of the following documents

46 within the prescribed period from receipt by the Bidder of the notice that it has the Lowest Calculated and Responsive Bid: (i) Valid JVA, if applicable, within ten (10) calendar days; (ii) Valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders, within thirty (30) calendar days, if allowed under a Treaty, International or Executive Agreement mentioned in ITB Clause 12.1(a)(iv); (b) Posting of the performance security in accordance with ITB Clause 32; (c) Signing of the contract as provided in ITB Clause 31; and within the prescribed period from receipt by the Bidder of the notice that it has the Lowest Calculated and Responsive Bid: (i) Valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders, within thirty (30) calendar days, if allowed under a Treaty, International or Executive Agreement mentioned in ITB Clause 12.1(a)(iv); (b) Posting of the performance security in accordance with ITB Clause 32; (c) Signing of the contract as provided in ITB Clause 31; and (d) Approval by higher authority, if required. (d) Approval by higher authority, if required Section (b) of the IRR of RA 9184 b) When the foreign supplier is a citizen, corporation or association of a country, included in Annex I to be issued by the GPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations or associations of the Philippines; b) When the foreign supplier is a citizen, corporation or association of a country, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations or associations of the Philippines; Section 7.2 of the Guidelines in the Determination of Eligibility of Foreign Bidders The procuring entity shall confirm from the list The bidder claiming eligibility by reason of their of countries, provided in Annex I of the IRR country s extension of reciprocal rights to and as shown in the GPPB website, with which Filipinos shall submit a certification from the the Philippines enjoys reciprocal rights on relevant government office of their country matters of eligibility of its nationals in public stating that Filipinos are allowed to participate procurement abroad. Pending the issuance of in their government procurement for the same the list or in case the foreign bidder s country is item/product.

47 not in said list, the bidder claiming eligibility by reason of their country s extension of reciprocal rights to Filipinos shall submit a certification from the relevant government office of their country stating that Filipinos are allowed to participate in their government procurement activities for the same item/product.