Group 1 CENG106B Bidding Process and Requirements
Group 1 CENG106B Bidding Process and Requirements
Group 1 CENG106B Bidding Process and Requirements
Submitted by:
Magbago, Jellamae
GROUP 1
BSCE 4-2
Executive Summary
This provides an overview of the bidding process and requirements in the Philippines.
accountability. The Philippines follows a well-defined and regulated bidding process to ensure
of the procurement process is essential for both businesses and organizations aiming to
participate in government or private sector contracts. The report explores the regulatory
framework governing bidding, the key steps involved, and the specific requirements for
prospective bidders.
Introduction
competitiveness, and fairness in the procurement of goods, services, and public works. This
process applies to government and private sector contracts, each subject to distinct but related
rules and regulations. This introduction provides an initial look at the process and what you
These Philippine Bidding Documents (PBDs) for the procurement of Consulting Services
through Competitive Bidding have been prepared by the Government of the Philippines (GoP)
for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the
government financial institutions (GFIs), state universities and colleges (SUCs), local
government units (LGUs), and autonomous regional government. The procedures and
practices presented in this document have been developed through broad experience, and are
for mandatory use in projects that are financed in whole or in part by the GoP or the World Bank
(R.A. 9184).
The Bidding Documents shall clearly and adequately define, among others: (a) the
objectives, scope, and expected outputs and/or results of the proposed contract; (b) the
minimum eligibility requirements of bidders, such as track record to be determined by the Head
of the Procuring Entity; (c) the expected contract duration, delivery schedule and/or time frame;
and (d) the obligations, duties, and/or functions of the winning bidder.
In order to simplify the preparation of the Bidding Documents for each procurement, the
PBDs group the provisions that are intended to be used unchanged in Section II. Eligibility
Documents of Part I; and Section II. Instructions to Bidders (ITB) and Section IV. General
Conditions of Contract (GCC) of Part II. Data and provisions specific to each procurement and
contract should be included in Section III. Eligibility Data Sheet (EDS) of Part I, Section III. Bid
Data Sheet (BDS), and Section V. Special Conditions of Contract (SCC) of Part II. The forms to
Regulatory Framework
The primary legal framework governing the bidding process in the Philippines is the
Republic Act No. 9184, known as the "Government Procurement Reform Act." Key regulatory
bodies and agencies responsible for overseeing this process include the Government
Procurement Policy Board (GPPB) and the Department of Budget and Management (DBM).
significant piece of legislation in the Philippines that regulates the government's procurement
processes. It establishes the legal framework for the entire bidding process in the country. RA
setting forth strict guidelines for how government agencies acquire goods, services, and
infrastructure projects.
This law covers various aspects of procurement, including the preparation of bidding
documents, the conduct of competitive bidding, and post-award procedures. It defines the roles
and responsibilities of government agencies, bidders, and oversight bodies involved in the
procurement process. RA 9184 also provides provisions for procurement methods, bid security,
and dispute resolution. Overall, it serves as the foundation for ensuring fairness and integrity in
Government agencies or private entities identify the need for specific goods, services, or
projects. This includes the identification of the existing need or problem of a specific client in
terms of civil works. Moreover, the evaluation of the site is involved in this procedure as they are
being assessed if it is needed for procurement and also fit for construction.
ARTICLE II
PROCUREMENT PLANNING
within the approved budget of the Procuring Entity and should be meticulously and judiciously
planned by the Procuring Entity concerned. Consistent with government fiscal discipline
measures, only those considered crucial to the efficient discharge of governmental functions
approved Annual Procurement Plan of the Procuring Entity. The Annual Procurement Plan shall
be approved by the Head of the Procuring Entity and must be consistent with its duly approved
yearly budget. The Annual Procurement Plan shall be formulated and revised only in
accordance with the guidelines set forth in the IRR. In the case of Infrastructure Projects, the
APPENDIX 31
2.1 The procuring entity (PE) shall complete all the appropriate preparatory activities
such as, but not limited to, cost-benefit analysis, feasibility studies, market research, and
detailed engineering designs, regulatory clearances and right of way acquisitions for civil works
ARTICLE VI
PREPARATION OF BIDDING DOCUMENTS
SEC. 17. Form and Contents of Bidding Documents. – The Bidding Documents shall
be prepared by the Procuring Entity following the standard forms and manuals prescribed by the
GPPB.
(b) Instructions to Bidders, including criteria for eligibility, bid evaluation and post
qualification, as well as the date, time and place of the pre-bid Conference (where
(f) Form of Bid, Price Form, and List of Goods or Bill of Quantities;
From the Philippine Bidding Documents for Procurement of Consulting Services Fifth
Eligibility Criteria
1.1. The following persons/entities shall be allowed to participate in the bidding for
Consulting Services:
(b) Partnerships duly organized under the laws of the Philippines and of which at
least sixty percent (60%) of the interest belongs to citizens of the Philippines;
(c) Corporations duly organized under the laws of the Philippines and of which at
least sixty percent (60%) of the outstanding capital stock belongs to citizens of
the Philippines;
(e) Persons/entities forming themselves into a joint venture, i.e., a group of two (2) or
thereof shall be at least sixty percent (60%). For this purpose, Filipino ownership
or interest shall be based on the contributions of each of the members of the joint
1.3. Those qualified in Section 1.1 of the Implementing Rules and Regulations may
participate in competitive bidding if he has been issued a license by the PCAB to engage
or act as a contractor
2.1 Government owned or –controlled corporations (GOCCs) may be eligible to
3.1 Notwithstanding the eligibility of a bidder, the Procuring Entity concerned reserves
the right to review the qualifications of the bidder at any stage of the procurement
misrepresentation has been made by the said bidder, or that there has been a change in
the bidder’s capability to undertake the project from the time it submitted its eligibility
requirements.
ARTICLE VII
INVITATION TO BID
In line with the principle of transparency and competitiveness, all Invitations to Bid for
contracts under competitive bidding shall be advertised by the Procuring Entity in such manner
and for such length of time as may be necessary under the circumstances, in order to ensure
the widest possible dissemination thereof, such as, but not limited to, posting in the Procuring
Entity’s premises, in newspapers of general circulation, the G-EPS and the website of the
(b) A general statement on the criteria to be used by the Procuring Entity for the eligibility
check, the short listing of prospective bidders, in the case of the Procurement of
(c) The date, time and place of the deadline for the submission and receipt of the eligibility
requirements, the pre-bid conference if any, the submission and receipt of bids, and the
opening of bids;
(f) The period of availability of the Bidding Documents, and the place where these may be
secured;
(h) Such other necessary information deemed relevant by the Procuring Entity
ARTICLE VIII
SEC. 25. Submission and Receipt of Bids - A bid shall have two (2) components,
namely the technical and financial components which should be in separate sealed
envelopes, and which shall be submitted simultaneously. The bids shall be received by
the BAC on such date, time and place specified in the invitation to bid. The deadline for
the receipt of bids shall be fixed by the BAC, giving it sufficient time to complete the
bidding process and giving the prospective bidders sufficient time to study and prepare
their bids. The deadline shall also consider the urgency of the procurement involved.
SEC. 26. Modification and Withdrawal of Bids. – A bidder may modify his bid,
provided that this is done before the deadline for the receipt of bids. The modification
bid and stamped received by the BAC. A bidder may, through a letter, withdraw his bid or
express his intention not to participate in the bidding before the deadline for the receipt
of bids. In such case, he shall no longer be allowed to submit another Bid for the same
SEC. 27. Bid Security. – All Bids shall be accompanied by a Bid security, which shall
serve as a guarantee that, after receipt of the Notice of Award, the winning bidder shall
enter into contract with the Procuring Entity within the stipulated time and furnish the
required performance security. The specific amounts and allowable forms of the Bid
ARTICLE VIII
SEC. 29. Bid Opening. – The BAC shall publicly open all bids at the time, date, and
place specified in the bidding documents. The minutes of the bid opening shall be made
available to the public upon written request and payment of a specified fee.
SEC. 30. Preliminary Examination of Bids. – Prior to Bid evaluation, the BAC shall
examine first the technical components of the bids using "pass/fail" criteria to determine
whether all required documents are present. Only bids that are determined to contain all
the bid requirements of the technical component shall be considered for opening and
SEC. 31. Ceiling for Bid Prices. – The ABC shall be the upper limit or ceiling for the Bid
prices. Bid prices that exceed this ceiling shall be disqualified outright from further
participating in the bidding. There shall be no lower limit to the amount of the award.
SEC. 32. Bid for the Procurement of Goods and Infrastructure Projects. – For the
procurement of Goods and Infrastructure Projects, the BAC shall evaluate the financial
component of the bids. The bids that passed the preliminary examination shall be ranked
from lowest to highest in terms of their corresponding calculated prices. The bid with the
SEC. 33. Bid Evaluation of Short Listed Bidders for Consulting Services. – For the
Procurement of Consulting Services, the Bids of the short listed bidders shall be
evaluated and ranked using numerical ratings in accordance with the evaluation criteria
stated in the Bidding Documents, which shall include factors such as, but not limited to,
experience, performance, quality of personnel, price and methodology. The Bids shall be
ranked from highest to lowest in terms of their corresponding calculated ratings. The Bid
with the highest calculated rating shall be the “Highest Rated Bid.” After approval by the
Head of the Procuring Entity of the Highest Rated Bid, the BAC shall invite the bidder
concerned for negotiation and/or clarification on the following items: financial proposal
submitted by the bidder, terms of reference, scope of services, methodology and work
the Procuring Entity concerned, and provisions of the contract. When negotiations with
the first-in-rank bidder fails, the financial proposal of the second rank bidder shall be
opened for negotiations: Provided, That the amount indicated in the financial envelope
shall be made as the basis for negotiations and the total contract amount shall not
exceed the amount indicated in the envelope and the ABC. Whenever necessary, the
same process shall be repeated until the bid is awarded to the winning bidder.
ARTICLE XI
SEC. 37. Notice and Execution of Award. – Within a period not exceeding fifteen (15)
calendar days from the determination and declaration by the BAC of the Lowest
Calculated Responsive Bid or Highest Rated Responsive Bid, and the recommendation
of the award, the Head of the Procuring Entity or his duly authorized representative shall
approve or disapprove the said recommendation. In case of approval, the Head of the
Procuring Entity or his duly authorized representative shall immediately issue the Notice
of Award to the bidder with the Lowest Calculated Responsive Bid or Highest Rated
Responsive Bid.
Within ten (10) calendar days from receipt of the Notice of Award, the winning
bidder shall formally enter into contract with the Procuring Entity. When further approval
of higher authority is required, the approving authority for the contract shall be given a
board shall take action on the said recommendation within thirty (30) calendar days from
receipt thereof.
The Procuring Entity shall issue the Notice to Proceed to the winning bidder not
later than seven (7) calendar days from the date of approval of the contract by the
appropriate authority. All notices called for by the terms of the contract shall be effective
1. Contract Execution
ARTICLE XI
from the opening of bids up to the award of contract shall not exceed three (3) months,
to the provisions of the preceding section, the different procurement activities shall be
ARTICLE XI
SEC. 39. Performance Security. – Prior to the signing of the contract, the winning
bidder shall, as a measure of guarantee for the faithful performance of and compliance
with his obligations under the contract prepared in accordance with the Bidding
justifiable causes, the bidder with the Lowest Calculated Responsive Bid or Highest
Rated Responsive Bid fails, refuses or is otherwise unable to enter into contract with the
Procuring Entity, or if the bidder fails to post the required performance security within the
period stipulated in the Bidding Documents, the BAC shall disqualify the said bidder and
shall undertake post-qualification for the next-ranked Lowest Calculated Bid or Highest
Rated Bid. This procedure shall be repeated until an award is made. However, if no
ARTICLE XI
SEC. 42. Contract Implementation and Termination. – The rules and guidelines for
this Act shall be prescribed in the IRR. The rules and guidelines shall include standard
Bidding in the Philippines entails specific requirements for both government projects
The following eligibility requirements, together with the Eligibility Documents Submission Form,
shall be submitted on or before the date of the eligibility check specified in the Request for
bidders:
● Legal Documents
rules and regulations), except for foreign bidders participating in the procurement by a
Philippine Foreign Service Office or Post, which shall submit their eligibility documents
under Section 24.1 of the IRR, provided, that the winning Consultant shall register with
(ii) 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 provided in the EDS (Eligibility Data Sheet). The statement shall
partner in a JV)
specified in the EDS issued by the client, in the case of a completed contract;
(iii) Statement of the consultant specifying its nationality and confirming that those
who will actually perform the service are registered professionals authorized by the
If applicable, the Joint Venture Agreement (JVA) in case the joint venture is already in existence,
or duly notarized statements from all the potential joint venture partners in accordance with
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 (Bids and Awards Committee) are in foreign language other
documents shall be translated by the relevant foreign government agency, 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.
Prospective bidders may obtain a full range of expertise by associating with individual
as appropriate. However, subconsultants may only participate in the bid of one shortlisted
consultant. Foreign Consultants shall seek the participation of Filipino Consultants by entering
2. Bid Documents
● Bidders must prepare and submit comprehensive and accurate bid documents, often
● Approved Budget for the Contract (ABC)- The maximum allocated financial amount
for a project.
● Eligibility Requirements: Criteria that bidders must meet to participate, including legal,
● Plans and Technical Specifications- Detailed documents with technical drawings and
project specifications.
● Form of Bid, Price Form, and List of Goods or Bill of Quantities- Templates for bid
● Form and Amount of Bid Security- Details the type and value of security bidders must
● Form and Amount of Performance Security and Warranty- Specifies security for
● Form of Contract, and General and Special Conditions of Contract- Outlines the
legal framework and terms governing the relationship between the procuring entity and
These play a crucial role in ensuring transparency, fairness, and clarity in the
Bidders must provide certification that they are not involved in any corrupt practices, as
procurement, bidders are required to provide certification that they are not involved in any
corrupt practices. This is mandated by the Anti-Graft and Corrupt Practices Act, which aims to
certification can result in disqualification from the bidding process, legal consequences, or both.
4. Tax Clearance
Tax clearance is necessary for bidding on government contracts and other business
operations in the Philippines. A tax clearing is a certification that the taxpayer has paid all of
their outstanding taxes, provided by the local government unit (LGU) or the Bureau of Internal
Revenue (BIR). It functions as evidence that a company or individual has complied with tax
Purpose
To guarantee that the government and other parties entering into contracts with
companies or people are working with entities that are compliant with taxes and have paid their
debts to the government, tax clearance is necessary. In public procurement, this promotes
in public procurement or related procedures often need tax clearance. When they sign contracts
with firms, private groups or people may also ask for it.
● You should not be tagged as a CBL taxpayer which is an abbreviation for Cannot Be
Located taxpayer.
● You should not have any unpaid annual registration fee or ARF.
● You should not have any pending tax or tax-related cases filed in court.
Validity
The tax clearance certificate is typically valid for a specific period, often up to six months,
but it can vary depending on the issuing authority and their policies.
their current tax clearance certificate with their bid paperwork. This demonstrates both their
Here's a checklist of common requirements to get a tax clearance for bidding in the
Philippines:
3. Proof of Payment
4. Financial Statements
If the bidding procedure involves local taxes, you may additionally need to get a tax
clearance from the appropriate LGU. The conditions for an LGU tax clearance are identical to
those for the BIR tax clearing but apply to local tax responsibilities and compliance.
Always refer to the individual bidding papers and instructions supplied by the purchasing
agency, as they may have additional or changed criteria customized to the specific bidding
opportunity. Additionally, working with tax specialists or contacting the relevant tax authorities
may assist guarantee a smooth and compliance application procedure for tax clearances in the
Failure to obtain and submit a tax clearance certificate when required can result in
disqualification from the bidding process or contract award. In addition, individuals and
certifies a person or company is compliant with taxes and qualified to take part in government
contracts and other operations. It assists the government and other parties in selecting their
business partners with knowledge and guarantees accountability and openness in public
procurement. In the Philippines, the Bureau of Internal Revenue (BIR) issues an official
document called a Tax Clearance. One of the prerequisites for starting a new or continuing
contract with the government is submitting a Tax Clearance Certificate as proof of timely tax
TECHNICAL PROPOSALS
A technical proposal is a document that outlines how you will deliver a specific project or
service to a client or customer. It is often required for bidding on contracts, grants, or tenders,
A technical proposal serves the same purpose. It ensures that everyone is clear about
the project goals and objectives and how they can benefit clients in solving their issues. This
prevents miscommunications and creates a shared understanding that builds trust between the
parties involved.
List of Technical Proposal Submission Form
Usually, the cover page or first part, here is where you include the essential data
about the proposal submission, like the project title, your firm name, contact information,
highlight your credentials and experience. These testimonials might be certain jobs or
You can provide feedback on the project's terms of reference, as well as any
information, services, or resources that the Procuring Entity is required to supply, in this
This section should include your work plan and suggested methods for carrying
out the project. This is the section where you describe the strategy you want to use and
along with their roles and duties. This aids in comprehending the skills and talents of
your group.
The structure or template for presenting the curriculum vitae (CV) of the
suggested professional staff members who will be working on the project is usually
described in this section. It could contain particular information and specifications for
submitting a CV.
Here's where you give a thorough timetable or schedule for all the different
project tasks and activities. It describes the dates on which each activity will be
The Technical Proposal Submission Form consists of these areas, all of which are
essential for showcasing your credentials, methodology, and team for the project proposal.
When writing your proposal, be careful to adhere to any specific instructions or forms given by
they provide bidders a chance to showcase their credentials, experience, and project
management style. Before going on to the financial proposal assessment step, the purchasing
organization uses the technical proposal evaluation to assist choose the best bidder for the
project.
FINANCIAL PROPOSAL
The Financial Proposal should clearly estimate, as a separate amount, the local taxes
The financing proposal contains the details on how you intend to achieve your business
plan outlining: Amount of money needed. How that money will be used. Expected returns.
If you are a consultant who wants to bid for a project, you need to prepare a financial
proposal that shows how you will deliver the best value for money. A financial proposal is a
document that outlines the costs, revenues, and risks of your proposed solution, and how you
This format is commonly used in procurement processes to present the financial aspects
of a proposal.
In this first subject matter, you certify that you prepared and submitted your
financial proposal in accordance with all applicable regulations and standards. It also
includes your consent to the Procuring Entity and Funding Source looking through and
c. agrees to allow the Procuring Entity and the Funding Source, at their option, to
inspect and audit all accounts, documents, and records relating to its Bid and to
this section. It might have a total cost or a summary of the main cost categories.
In this section, you provide a detailed breakdown of the proposed price for each
individual activity or task within the project. This helps the Procuring Entity understand
entities involved in each project activity. It may detail the salaries, fees, or other forms of
compensation.
activity. Reimbursable expenses typically cover costs incurred by the consultant that will
these costs.
This section accounts for any miscellaneous or incidental expenses that may
arise during the project but don't fit neatly into other categories. It's included to ensure
Both the consultant and the procuring entity will be able to comprehend the project's cost
structure and related charges thanks to this format's simplification, which guarantees that the
proposal's financial elements are given in an understandable and thorough manner. When
putting up your financial proposal, be sure to adhere to any particular instructions or templates
To sum up, while bidding, financial proposal documents are crucial for evaluating a bid's
affordability, competitiveness, and financial sustainability. They are also essential to financial
management, cost control, and budgeting during the project's execution. Finding the most
To sum up, transparency, equity, and efficiency in the distribution of contracts and
resources are vitally dependent on the bidding procedure and requirements in the Philippines,
The bidding procedure and requirements in the Philippines are essential instruments for
guaranteeing the effective and fair distribution of public funds and contracts. They are intended
to encourage accountability, competitiveness, and openness; yet, they still have issues that
must be resolved if the procurement system is to continue improving. To further improve the
efficiency and integrity of the bidding process, collaboration between the government and
https://www.bir.gov.ph/index.php/rr-external-service-04.html
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