INSTRUCTIONS TO BIDDERS GOODS 65 Amorsolo St. San Lorenzo Village, Makati City INSTRUCTIONS TO BIDDERS PROJECT: APPROVED BUDGET: PRE-BID CONFERENCE: NOTE: The provisions of RA 9184, otherwise known as the Government Procurement Reform Act and its Implementing Rules and Regulations shall govern all stages of the procurement process. The following rules are excerpts from the IRR RA 9184 1) 2) 3) PRE-BID CONFERENCE – shall discuss, among other things, the eligibility requirements and the technical and financial components of the contract to be bid. a) The Pre-bid Conference shall be at ________ at the Conference Room, Barangay San Lorenzo office, 65 Amorsolo street, San Lorenzo Village, City of Makati. b) The attendance of bidders shall not be mandatory. However, only those who have purchased the Bidding Documents shall be allowed to participate in the pre-bid conference and raise or submit written queries and requests for clarification. c) Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documents, unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin. SUPPLEMENTAL/BID BULLETIN a) Requests for clarification(s) on any part of the Bidding Documents or for an interpretation must be in writing and submitted to the BAC of the procuring entity concerned at least ten (10) calendar days before the deadline set for the submission and receipt of bids. b) The BAC shall respond to the said request by issuing a Supplemental/Bid Bulletin, duly signed by the BAC Chairman, to be made available to all those who have properly secured the Bidding Documents, at least seven (7) calendar days before the deadline for the submission and receipt of bids. c) Supplemental/Bid Bulletins may be issued upon the procuring entity’s initiative for purposes of clarifying or modifying any provision of the Bidding Documents, at least seven (7) calendar days before the deadline for the submission and receipt of bids. d) Any Supplemental/Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS website. It shall be the responsibility of all those who have properly secured the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. ELIGIBILTY REQUIREMENTS a) Legal Documents (1) Registration Certificate from SEC, Department of Trade and industry (DTI) for sole proprietorship, or (CDA) for cooperatives, or any proof of such registration. (2) Mayors Permit for the current calendar year issued by the city or municipality where the principal place of business of the prospective bidder is located. (3) Taxpayer’s Identification Number b) Technical Documents (1) Statement of the prospective bidder of all its ongoing and completed government and private contracts, including contracts awarded but not yet started, if any, similar in nature and complexity to the contract to be bid, within the relevant period as provided in the Bidding Document. The statement shall include all information required in the PBD’s prescribed by the GPPB INSTRUCTIONS TO BIDDERS GOODS c) Financial Documents (1) Prospective bidder’s Audited Financial Statement, showing, among others, the prospective bidder’s total current assets and liabilities, stamped “RECEIVED” by the BIR or its duly accredited and authorized institutions, for the preceding calendar year which should not be earlier than two (2) years from the date of bid submission. (Original copy of audited financial statement must be presented for comparison and verification.) (2) 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). (a) If the prospective bidder submits a computation of its NFCC, the NFCC must be equal to the ABC to be bid. (b) If the prospective bidder submits a CLC, the CLC must be equal to at least ten percent (10%) of the ABC to be bid. 4) 5) OTHER ELIGIBILITY REQUIREMENTS a) PhilGEPS Membership b) Accreditation from the Liga Ng Mga Barangay sa Makati that the prospective bidder is qualified to participate in public biddings of the Barangay. ELIGIBILITY CRITERIA a) 6) The prospective bidder must have completed, within the period specified in the Invitation to Bid, a single contract that is similar to the contract to be bid, and whose value must be at least fifty percent (50%) of the ABC. Notwithstanding the eligibility of a prospective bidder, the Procuring Entity concerned reserves the right to review the qualifications of the bidder at any stage of the procurement process if the procuring entity has reasonable ground to believe that a misrepresentation has been made by the said prospective bidder, or that there has been a change in the prospective bidder’s capability to undertake the project from the time it submitted its eligibility requirements. SUBMISSION AND RECEIPT OF BIDS a) Bidders shall submit their bids, through their duly authorized representatives, in two (2) separate sealed bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements and the second shall contain the financial component of the bid. b) Contents of the First Envelope (TECHNICAL COMPONENT): (1) Eligibility requirements under 3.a, b & 4. (2) The Bid Security in the prescribed form, amount and validity period; (3) OMNIBUS SWORN STATEMENT Sworn statement by the prospective bidder or its duly authorized representative as to the following: (secure the form from the BAC Secretariat) (a) It is not “blacklisted” or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGU’s, including foreign government/foreign or international financial institutions whose blacklisting rules have been recognized by the GPPB; (b) Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; (c) It is authorizing the Head of the Procuring Entity or his duly authorized representative/s to verify all the documents submitted; (d) The signatory is the duly authorized representative of the prospective bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the prospective bidder in the bidding, with the duly notarized Secretary’s Certificate attesting to such fact, if the prospective bidder is a corporation, partnership, cooperative or joint venture; (e) It or any officer of their corporation, partnership, cooperative or joint venture is not related to the Head of the Procuring Entity by consanguinity or affinity up to the third civil degree. (f) It complies with the responsibilities of a responsive or eligible bidder; (g) It complies with existing labor laws and standards, in the case of procurement of services. INSTRUCTIONS TO BIDDERS GOODS c) Contents of the Second Envelope (FINANCIAL COMPONENT): (1) Financial Requirements under Sec 3.c (2) Proposal Sheet (3) Bid Form (secure from BAC Secretariat) 7) BID SECURITY a) All bids shall be accompanied by a bid security, payable to the procuring entity concerned as a guarantee that the successful bidder shall, within ten (10) calendar days, from receipt of the Notice of Award, enter into a contract with the Procuring Entity and furnish the Performance Security. b) The Bid Security shall be in an amount equal to a percentage of the Approved Budget for the Contract, in accordance with the following schedule: Form of Bid Security Amount of Bid Security (Equal to % of ABC) -Cash or Cashier’s/Managers Check issued by a Universal or Commercial Bank -Bank Daft/Guarantee or Irrevocable Letter of Credit issued by a Universal Bank: Provided, however, that it shall be confirmed or authenticated by a Universal Bank or Commercial Bank, if issued by a foreign bank -Surety Bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. -TWO PERCENT (2%) -FIVE PERCENT (5%) Bidder’s may also submit 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. 8) c) The Bid Security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity. d) Without prejudice to the provisions of RA 9184 on the forfeiture of bid securities, bid securities shall be returned only after the bidder with the Lowest Calculated Responsive Bid has signed the contract and furnished the performance security, except to those declared by the BAC as failed or post-disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. SEALING AND MARKING OF BIDS a) The prospective bidder shall enclose their eligibility and technical requirements in one sealed envelope marked “TECHNICAL COMPONENT”. b) The prospective bidder shall enclose the financial component in one sealed envelope marked “FINANCIAL COMPONENT”. c) Each envelope shall be identified by the following; i) Name of the contract to be bid in Capital letters ii) Name and address of the Bidder in Capital letters iii) Addressed to: Barangay San Lorenzo Bids and Awards Committee 65 Amorsolo st., San Lorenzo Vill., City of Makati iv) 9) Bear a warning “DO NOT OPEN BEFORE (place date and time of bidding). MODIFICATION AND WITHDRAWAL OF BIDS a) A bidder may modify its bid, provided that this is done before the deadline for the submission of bids. Where a bidder modifies its bid, it shall not be allowed to retrieve its original bid, but shall only be allowed to send another bid equally sealed, properly identified, linked to its original bid and marked as a “Modification” thereof, and stamped “Received” by the BAC. b) A bidder may, through a letter, withdraw its bid or express its intention not to participate in the bidding, which should reach and be stamped “RECEIVED” by the BAC before the deadline for the receipt of bids. INSTRUCTIONS TO BIDDERS GOODS 10) PROTEST MECHANISM a) Decisions of the BAC at any stage of the procurement process may be questioned by filing a request for reconsideration within three (3) calendar days upon receipt of written notice or upon verbal notification. The BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. 11) BID EVALUATION a) All bidder’s shall be required to include the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. b) The BAC shall open the envelopes of the prospective bidders in public to determine each bidder’s compliance with the documents required to be submitted for eligibility and for the technical requirements. The submitted documents shall be checked, to ascertain if they are all present, using a non-discretionary “pass/fail” criterion. IRR RA 9184