SALIENT FEATURES OF THE 6TH EDITION
OF THE SIMPLIFIED PHILIPPINE BIDDING
DOCUMENTS FOR GOODS &
INFRASTRUCTURE PROJECTS
MARIA DIONESIA A. RIVERA-GUILLERMO
Chief, Legal and Research Division
GPPB-TSO
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution without the author’s approval is prohibited.
TAKEAWAYS
This session aims to provide an overview on the following:
1.
I
Journey of the PBDs simplification
2.
(Reason, Strategies & Timelines)
II
1.
New Features of the 6th Edition PBDs
III
1.
Salient Changes in the PBDs Contents
IV
1.
Preparation of the PBDs
V
1.
Submission of the Required Forms
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
I. JOURNEY OF THE PBDs SIMPLIFICATION
REASONS
1
Discrepancies in the rules between the PBD Clauses and the 2016
revised IRR of RA No. 9184.
2
Confusion in the use of Bidding Forms.
3
Varying formats of the PBDs and the Bidding Forms.
4
Language used in the PBDs does not match the provisions as stated in
the revised 2016 IRR of RA No. 9184 or other GPPB issuances,
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
I. JOURNEY OF THE PBDs SIMPLIFICATION
STRATEGIES
1
Deleted the Clauses that have existing legal bases. Instead, one general
statement will be adopted stating that RA No. 9184 and its 2016 revised
IRR, including the associated issuances, constitute the bidding
requirements and the terms and conditions of the contract
2
Combined repetitive clauses in the PBDs
3
Included in the appropriate GPM the deleted portions that provide details
on the existing procedures therein
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
I. JOURNEY OF THE PBDs SIMPLIFICATION
STRATEGIES
4
Separated the Bidding Forms from the PBDs and include in a separate
issuance the mandatory provisions required
5
Separated the section on Foreign-Assisted Projects from the PBDs and
will be covered by an exclusive issuance for this purpose
6
Updated and refined the provisions in the PBDs for consistency with the
2016 revised IRR of RA No. 9184 and related issuances
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
I. JOURNEY OF THE PBDs SIMPLIFICATION
TIMELINES
7 May 2020 – the proposal was introduced to GPPB on its 4th Online Meeting
20 May 2020 – the proposed strategies in the simplification of the PBDs were approved by the
GPPB, subject to comments from the BAC of these member-agencies
13 & 27 May 2020 – Comments were received from NEDA and DOTR on the proposed PBDs
18 June 2020 – The proposed PBDs were presented to the GPPB-IATWG, which endorsed, for
approval of the Board, its adoption with their recommendations
23, 24, 26, and 30 June 2020; 8 and 9 July 2020 – a series of GPPB-TSO line-by-line review
was conducted on the proposed simplified PBDs, to further refine and update the clauses based
on the 2016 revised IRR of RA No. 9184
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
I. JOURNEY OF THE PBDs SIMPLIFICATION
TIMELINES
28 July 2020 - During the 7th GPPB Meeting, the Board has approved the simplified PBDs for
Goods and Infrastructure Projects, which are now known as the 6th edition PBDs.
Starting 12 August 2020 - Copies of the simplified PBDs for Goods and Infrastructure Projects
were posted in the GPPB website to provide procuring entities ample time to familiarize
themselves with this latest edition, pending their publication at the Official Gazette, which was put
on hold due to the declaration of MECQ in the NCR
21 September 2020 - Publication of the 6th edition PBDs for Goods and Infrastructure Projects
and holding of the Virtual Unboxing of the PBDs, as participated by the Honorable Secretary
06 October 2020 - Effectivity on the use of the 6th Edition PBDs for Goods and Infrastructure
Projects (15 days after publication)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
6th EDITION PHILIPPINE BIDDING DOCUMENTS
GPPB RESOLUTION NO. 15-2020
❑ Published on 21 September 2020 and took effect on
6 October 2020
❑ Approved the adoption of the 6th Edition of the
Philippine Bidding Documents (PBDs) or the
Simplified PBDs for Goods and Infrastructure
Projects to be used by all PEs
❑ Approved the use of the simplified PBDs for
Goods and Infrastructure Projects for the
preparation
of
bidding
documents,
and
submission and receipt of bids through the GPPB
Online Portal
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
6th EDITION PHILIPPINE BIDDING DOCUMENTS
WHY ONLY GOODS AND CIVIL WORKS?
PERCENTAGE OF POSTED BID NOTICES FOR PUBLIC BIDDING
(BASED ON PHILGEPS DATA AS OF 30 JUNE 2020)
Procurement Project
2016
2017
2018
2019
Goods
39.00%
48.72%
38.43%
40.79%
Infrastructure Projects
59.83%
49.57%
59.32%
57.55%
Consulting Services
1.17%
1.71%
2.25%
1.66%
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
II. NEW FEATURES OF THE 6TH EDITION PBDs
NUMBER OF SECTIONS, CLAUSES & PAGES
Number of
Sections
Number of
Clauses
Number of
Pages
5th
6th
5th
6th
5th
6th
Goods
9
8
65
27
112
42
Infrastructure Projects
10
9
85
37
113
36
Procurement Project
PBD Edition
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without the author’s approval is prohibited.
II. NEW FEATURES OF THE 6TH EDITION PBDs
NEW SECTIONS IN THE PBDS
1
Glossary of Acronyms, Terms, and Abbreviations
2
Checklist of Technical and Financial Documents
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
CONTENTS OF THE 6TH EDITION PBDs
GOODS
INFRASTRUCTURE PROJECTS
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without the author’s approval is prohibited.
III. SALIENT CHANGES IN THE PBDs CONTENTS
INVITATION TO BID (IB)
1
bid submission through (i) manual method by going to the physical office,
(ii) electronic or online method via the internet, or (iii) both methods.
2
use of webcasting and video conferencing for BAC proceedings.
3
use of a back-up data or cloud storage for large files uploaded for online
bid submissions.
4
internet links are provided for downloading of the bidding documents and
online bid submission.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
III. SALIENT CHANGES IN THE PBDs CONTENTS
INSTRUCTION TO BIDDERS (ITB)
1
Funding information is now distinguished with respect to Early
Procurement Activities. [ITB Clause 2]
2
There is one General Statement stating that the 2016 revised IRR of RA No.
9184 and its associated issuances shall be the primary source for the Bidding
Requirements. [ITB Clause 3]
3
The PBDs for Goods now clarifies on firms having foreign ownership that would
like to participate in the public bidding of goods. [ITB Clause 5.2]
4
It included submission of eligibility documents to the implementing or end-user
unit if subcontracting is allowed during contract implementation. [ITB Clause 7]
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
III. SALIENT CHANGES IN THE PBDs CONTENTS
INSTRUCTION TO BIDDERS (ITB)
4
Note that only the translated documents shall be authenticated through an
Apostille pursuant to GPPB Resolution No. 13-2019. [ITB Clause 10.3]
5
Paraphrased the bid and payment currencies PBDs to include a qualification that
the foreign denominations shall be accepted or tradeable by the Bangko
Sentral ng Pilipinas. [ITB Clause 13 Goods / ITB Clause 14 Infra]
6
The PBDs for Goods now clarifies on firms having foreign ownership that would
like to participate in the public bidding of goods. [ITB Clause 5.2]
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
III. SALIENT CHANGES IN THE PBDs CONTENTS
INSTRUCTION TO BIDDERS (ITB)
7
Bidders are only required to submit only one (1) copy of the technical and
financial bid components, while allowing the PE to request the bidders for
additional soft or hard copies. However, failure of the bidders to provide the
additional copies shall not be a ground for disqualification. [ITB Clause 15
Goods / ITB Clause 16 Infra]
8
If PE allows online or electronic bid submission, the Bid shall be digitally signed.
If the file is corrupted, it shall be considered as non-responsive, and shall be
automatically disqualified. [ITB Clause 15 Goods / ITB Clause 16 Infra]
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
III. SALIENT CHANGES IN THE PBDs CONTENTS
GENERAL CONDITIONS OF CONTRACT (GCC)
1
There is one General Statement under the Scope of Contract which also
provides that the 2016 IRR of RA No. 9184 is the primary legal source for
the terms and conditions of contract. [GCC Clause 1]
2
Advance Payment and Terms of Payment have also been clarified in the
PBDs for Goods. [GCC Clause 2]
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
III. SALIENT CHANGES IN THE PBDs CONTENTS
PBDs FOR GOODS UNDER A FRAMEWORK AGREEMENT
1
2
GPPB Resolution No. 27-2019 on the Guidelines on Framework
Agreement only showed Framework Agreement List, Technical
Specifications, and the Framework Agreement itself. With these new
PBDs, Procuring Entities can just simply select the clauses applicable to
the Framework Agreement.
Framework Agreement Clauses in the new PBDs have instructions or
excerpts from The Guidelines on the Use of Framework Agreement.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
IV. PREPARATION OF THE PBDs
GPPB RESOLUTION NO. 16-2020
❑Published and took effect on 26 September 2020
❑Approved the Guidelines on the:
1. Preparation of the Simplified PBDs for Goods
and Infrastructure Projects; and
2. Submission of Required Forms for all
Procurement Projects.
GPPB CIRCULAR NO. 4-2020
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
PREPARATION OF THE PBDs
RA 9184 and its 2016 revised IRR, including
the GPMs and associated issuances shall
apply in the use and implementation of the
PBDs.
PEs are mandated to use the latest
approved PBDs and the standard forms to
be submitted by the Bidders under Sections
17.1 and 23 of the 2016 revised IRR.
PE may customize the PBDs:
To suit the PE’s specific needs, particularly for
specialized procurement, subject to the approval of
the GPPB; [Sec. 6.2 IRR]
The PE shall specify in the PBDs the requirements,
criteria, and other conditions of the bidding
procedures and of the ensuing contract as applicable
to each component of the Procurement Project in
case of mixed procurements. [Sec. 17.2 IRR]
PEs shall not : (i) amend the required documents/info in Sec. 17 and 23 of the 2016 IRR of RA No. 9184
on the form and contents of the PBDs and the eligibility requirements, or (ii) require the bidders to
submit additional eligibility documents other than what are required under the said rules.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
IV. PREPARATION OF THE PBDs
FOREIGN ASSISTED PROJECTS
(ITEM 7.0 OF THE CIRCULAR)
Unless a Treaty or International or
Executive Agreement expressly states
the use of another set of bidding
documents, the PEs shall likewise
utilize the PBDs and the Required
Forms for their foreign-assisted
projects. [Section 4.3 IRR]
PEs shall utilize PBDs in these instances:
The Development Partner has not indicated
in the loan agreement that its specific rules
and the PBDs shall be used for its project
[Sec. 4.3 IRR]; or
Both parties have acceded through the grant
agreement that RA No. 9184 and its 2016
revised IRR, including the PBDs would be
used for the project. [Sec. 4.4(a) IRR]
A careful study on the FAP-specific requirements of the Development Partners must be
undertaken by the PEs to align with their procurement guidelines, as necessary.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
IV. PREPARATION OF THE PBDs
DOCUMENTS
THE PBDs MAY BE PREPARED BY THE PE IN TWO WAYS:
1
The existing manual method
by downloading a copy of the
latest approved PBDs from
the GPPB website, then
updating the contents based
on its current Procurement
Project
2
The new electronic method
through the PBD Builder in
the GPPB Online Portal, once
operational, through this
link:
https://gppbgovph.com/PBD
Listings.php
The Project Identification Number shall be based on the PE’s internal rules.
The said identification number shall be maintained or used until the successful award or
cancellation of the Procurement Project.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
IV. PREPARATION OF THE PBDs
DOCUMENTS
THE PEs SHALL INDICATE IN THE PBDs THE FOLLOWING:
1
ABC
2
Information in the Invitation to Bid
3
Information required in the Bid
Data Sheet that supplement,
amend, or identify the requirements
included in the Instruction to
Bidders, which are specific to the
Procurement Project
4
Scope of
Reference
Work
or
5
Technical Specifications
6
Delivery
Date
Schedule
or
Terms
of
Completion
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
V. SUBMISSION OF REQUIRED FORMS
DOCUMENTS
REQUIRED FORMS
MANDATORY PROVISIONS OF REQUIRED FORMS
TEMPLATES OF REQUIRED FORMS
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
V. SUBMISSION OF REQUIRED FORMS
DOCUMENTS
REQUIRED FORMS TO BE SUBMITTED BY THE BIDDER
1
standard bidding forms vs. “Required Forms”
2
The “Required Forms” are expressly provided in Item 5.1 of the Circular.
3
The Required Forms to be notarized are in Item 5.4 of the Circular.
4
The Bid Securing Declaration (BSD) or Performance Securing Declaration (PSD) is an
undertaking, the violation of its terms shall be penalized with automatic disqualification from
bidding of any procurement contract of any PE, upon receipt of the blacklisting order.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
V. SUBMISSION OF REQUIRED FORMS
DOCUMENTS
REQUIRED FORMS TO BE SUBMITTED BY THE BIDDER
5
6
If the PE allows online or electronic bid submission, the scanned Required Forms shall be
considered as compliant with the requirements of bid submission, subject to the submission of
the original copies of the Bid Security or Bid Securing Declaration, as the case may be, and the
Omnibus Sworn Statement during the post-qualification stage. However, the non-submission
of these forms shall be a ground for post-disqualification, pursuant to Section 30.1 of
the 2016 revised IRR of RA No. 9184.
For the Bid Form, Price Schedules, BSD, OSS, JVA or Notarized Statements as to forming JV
for Goods, PSD, if used, and Contract Agreement Form, the Bidder or its authorized
representative shall be required to provide its name, legal capacity, and signature thereon.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
V. SUBMISSION OF REQUIRED FORMS
DOCUMENTS
MANDATORY PROVISIONS OF REQUIRED FORMS
1
Mandatory provisions of Required Forms are those provisions that are prescribed in the rules.
2
These mandatory provisions are expressly stated in Item 6.1 of the Circular.
3
The PEs shall check compliance of the submitted forms with the mandatory provisions.
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
V. SUBMISSION OF REQUIRED FORMS
DOCUMENTS
TEMPLATES OF REQUIRED FORMS
1
Templates are provided for easy reference, which may also be downloaded through
this link: https://www.gppb.gov.ph/downloadables.php. (Item 5.2 of the Circular)
2
Bidders are highly encouraged to use the templates provided to minimize errors or
omissions in the forms submitted; however, their non-use is not a ground for
disqualification, provided that the form submitted includes all the mandatory
provisions required. (Item 5.3 of the Circular)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
SIXTH
EDITION
OF
THE
PHILIPPINE
BIDDING
V. SUBMISSION OF REQUIRED FORMS
DOCUMENTS
AVAILABLE TEMPLATES OF REQUIRED FORMS
❑
❑
❑
❑
❑
❑
❑
Bid Form for the Procurement of Goods
Bid Form for the Procurement of Infrastructure Projects
Price Schedule for Goods Offered from Abroad
Price Schedule for Goods Offered from Within the Philippines
Bid Securing Declaration*
Contract Agreement Form for the Procurement of Goods
Contract Agreement Form for the Procurement of Infrastructure
Projects*
❑ Omnibus Sworn Statement*
❑ Performance Securing Declaration*
NOTE: Failure to use
said templates is
not a ground for
disqualification
*Should be notarized,
including the JVA or
duly notarized
statements from all
potential JV Partners
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REVISED TEMPLATES OF REQUIRED FORMS
BID SECURING DECLARATION
(GPPB Resolution No. 16-2020)
REVISED PROVISION
A document/undertaking signed
by the bidder committing to pay
the corresponding fine and be
automatically disqualified from
bidding of any procurement
contract of ant PE for a period of
time, upon receipt of the
Blacklisting Order (BO), in the
event it violated any of the
conditions stated therein
REVISED PENALTIES
❑ Penalty
of
disqualification for two
(2) years from bidding
for any procurement
contract with any PE,
upon receipt of the BO;
and
❑ Payment of fine to be
calculated in accordance
to the rules set
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REVISED TEMPLATES OF REQUIRED FORMS
REVISED OMNIBUS SWORN STATEMENT
(GPPB Resolution No. 16-2020)
New Form containing the following:
❖ Non-inclusion in blacklist (*revised*) ❖ Non-payment (directly or indirectly) any
❖ Authenticity of documents
commission, amount, fee, or any form of
❖ Verification authority
consideration in relation to any
❖ Signatory’s authority
procurement project or activity
❖ Disclosure of relations
❖ In case advance payment was made or
❖ Responsibilities of bidders
given, failure to perform or deliver any of
❖ Labor laws and standards
the obligations and undertakings in the
contract shall be sufficient grounds to
constitute criminal liability (*new*)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
REVISED TEMPLATES OF REQUIRED FORMS
REVISED
OMNIBUS
SWORN
STATEMENT
FORM
(GPPB Resolution
No. 16-2020)
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without the author’s approval is prohibited.
REVISED TEMPLATES OF REQUIRED FORMS
REVISED PERFORMANCE SECURING
DECLARATION FORM
(GPPB Resolution No. 16-2020)
Similar to the PSD used in Framework Agreement, such
declaration shall state, among others, that the winning bidder
that it will be automatically disqualified from bidding of any
procurement contract of any procuring entity for a period of
one (1) year for the first offense or two (2) years for the
second offense, upon receipt of the Blacklisting Order, in the
event it violates any of the conditions stated in the contract.
⮚ An unnotarized PSD may be accepted, subject to submission of a
notarized PSD before payment, unless the same is replaced with a
performance security in the prescribed form
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction and distribution
without the author’s approval is prohibited.
GROUNDS FOR DISQUALIFICATION
6.4
• Non-submission of required forms = disqualification, subject to
the requirements for scanned copies in online or electronic bid
submissions
• Non-inclusion of mandatory provisions = disqualification
6.5
For forms required to be notarized, absence or a finding against the
truthfulness of the notarization = disqualification, unless allowed to
be submitted at a later date (e.g. NP-EC or during state of calamity)
This learning module was developed by the Government Procurement Policy Board – Technical Support Office, and any form of reproduction
34 and distribution
without the author’s approval is prohibited.
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