Scope and Application
This Act shall apply to the Procurement of Infrastructure Projects, Goods, and
Consulting Services, regardless of source of funds, whether local or foreign, by all
branches and instrumentalities of government, its departments, offices and agencies,
including government-owned and/or -controlled corporations and local government
units, subject to the provisions of Commonwealth Act No. 138. Any treaty or
international or executive agreement affecting the subject matter of this Act to which the
Philippine government is a signatory shall be observed.
1. Infrastructure Projects - This scope covers the procurement of construction,
repair, rehabilitation, demolition, and maintenance of infrastructure projects such
as roads, bridges, buildings, and other public works. This scope is needed to
ensure that government infrastructure projects are procured in a transparent and
competitive manner to promote efficiency and prevent corruption
An example of an infrastructure project is the construction of a new government
or the repair and maintenance of a public road.
2. Goods - This scope covers the procurement of goods such as office supplies,
equipment, furniture, vehicles, and other tangible assets. This scope is needed to
ensure that government agencies procure goods at the best value for money
through a transparent and competitive process.
Examples of goods is office supplies such as paper, pens, and ink cartridges, as
well as equipment such as computers, printers, and vehicles.
3. Consulting Services - This scope covers the procurement of consulting services
such as feasibility studies, project management services, design services, and
other professional services. This scope is needed to ensure that government
agencies procure consulting services from qualified professionals through a
transparent and competitive process.
Examples of consulting services include feasibility studies for a new government
project, project management services for a construction project, or design
services for a new government building
4. Non-Consulting Services - This scope covers the procurement of non-consulting
services such as janitorial services, security services, catering services, and
other non-professional services. This scope is needed to ensure that government
agencies procure non-consulting services at the best value for money through a
transparent and competitive process.
Examples of non-consulting services includes janitorial services for government
buildings, security services for public events or facilities, and catering services for
official government functions
5. Lease or Rental of Property - This scope covers the lease or rental of real
property such as office space or land for government use. This scope is needed to
ensure that government agencies lease or rent property at reasonable rates through
a transparent and competitive process.
An example of property is the lease or rental of office space for a government
agency
These examples illustrate the different types of goods and services that are procured
by the government through a transparent and competitive process in accordance
with RA 9184.
Overall, these different scopes are necessary to ensure that all branches and
instrumentalities of government procure goods and services in a manner that
promotes transparency, accountability, efficiency, competitiveness while ensuring
best value for money.
RECEIPT AND OPENING OF BIDS
Section 23 outlines the eligibility requirements for the procurement of Goods and
Infrastructure Projects.
1. Eligibility Determination: The Bids and Awards Committee (BAC) or its
designated office will assess the eligibility of prospective bidders based on their
compliance with the eligibility requirements specified in the Invitation to Bid.
2. Compliance Period: Prospective bidders must meet the eligibility requirements
within the timeframe stated in the Invitation to Bid.
3. Fair and Equal Access: The eligibility requirements are designed to provide fair
and equal access to all prospective bidders, ensuring a level playing field.
4. Submission of Documents: Prospective bidders must submit the required
documents that demonstrate their eligibility. These documents should be made
under
oath and certify the accuracy of the statements made, as well as the completeness
and
authenticity of the submitted documents.
5. Electronic Submission: Prospective bidders may be allowed to submit their
eligibility requirements electronically. However, they must later provide a certification
under oath confirming the correctness of the statements made and the
completeness
and authenticity of the documents submitted.
Section 24 pertains to the eligibility requirements and short listing process for
Consulting Services procurement.
1. Eligibility Determination: Prospective bidders for Consulting Services must
comply with the eligibility requirements specified in the relevant Competitive Bidding
process. They must submit the necessary documents and certify under oath the
accuracy, completeness, and authenticity of the submitted information.
2. Fair and Equal Access: The eligibility requirements aim to provide fair and equal
access to all prospective bidders, ensuring an unbiased evaluation process.
3. Electronic Submission: Prospective bidders may be allowed to submit their
eligibility requirements electronically. However, they are still required to provide a
certification under oath, confirming the accuracy and authenticity of the submitted
documents.
4. Evaluation and Short Listing: Eligible prospective bidders are then evaluated
using numerical ratings based on the short listing requirements outlined in the
specific
Competitive Bidding process. This evaluation determines the short list of bidders
who
will be invited to submit their bids.
Section 25: Submission and Receipt of Bids
1. Bid Components: Bids should have separate sealed envelopes for the technical
and financial components.
2. Simultaneous Submission: Bidders must submit both components at the same
time to the Bids and Awards Committee (BAC).
3. Specified Date, Time, and Place: The invitation to bid specifies the deadline,
date, time, and location for bid submission.
4. Deadline Adherence: Bidders must submit their bids before the specified
deadline. Late bids will not be accepted.
5. Innovative Procedures: The Government Procurement Policy Board (GPPB) may
introduce innovative procedures, including the use of the Government Electronic
Procurement System (G-EPS), for bid submission, receipt, and opening.
SEC. 26: Modification and Withdrawal of Bids
1. Bid Modification: Bidders can modify their bids before the deadline by submitting
a sealed envelope clearly marked as a modification of the original bid.
2. Bid Withdrawal: Bidders can withdraw their bid or express their intention not to
participate in the bidding by submitting a letter before the bid deadline. Once
withdrawn,
they cannot submit another bid for the same contract.
SEC. 27: Bid Security
1. Bid Security: All bids must be accompanied by a bid security. It guarantees that
the winning bidder will enter into a contract with the Procuring Entity and provide the
required performance security after receiving the Notice of Award. The specific
amounts
and forms of bid security are specified in the IRR.
SEC. 28: Bid Validity
1. Validity Period: Bids and bid securities remain valid for a reasonable period
indicated in the bidding documents. The duration considers the time required for bid
evaluation and contract award.
SEC. 29: Bid Opening
1. Public Bid Opening: The BAC conducts a public opening of all bids at the
specified time, date, and place mentioned in the bidding documents.
2. Accessibility: The minutes of the bid opening are available to the public upon
written request and payment of a specified fee.