Beruflich Dokumente
Kultur Dokumente
COMMUNITY BASED
PROCUREMENT
MANUAL
VOLUME ONE
(October 2015)
NATIONAL
COMMUNITY
DRIVEN
Table of Contents
DEVELOPMENT
PROGRAM
( NCDDP
)
ii
ACRONYMS, ABBREVIATIONS...............................................................VI
CHAPTER ONE: GENERAL PROVISIONS FOR COMMUNITY BASED
PROCUREMENT.....................................................................................1
1.1.
1.2.
1.3.
1.4.
1.5.
PURPOSE....................................................................................................................... 2
SCOPE.......................................................................................................................... 2
COVERAGE..................................................................................................................... 3
APPLICATION.................................................................................................................. 3
PRINCIPLES IN COMMUNITY BASED PROCUREMENT.................................................................3
5.6.9. Post-qualification............................................................................................... 71
5.6.10. Prior Review of Contract..................................................................................73
5.6.11. Contract Award................................................................................................ 73
5.6.11.1. Contract Approval and Issuance of Notice of Award.................................................74
5.6.11.2. Contract Signing and Posting of Performance Security.............................................74
GLOSSARY OF TERMS.......................................................................130
PERIOD OF ACTION ON PROCUREMENT ACTIVITIES..........................138
COMMUNITY SHOPPING.................................................................................................139
COMMUNITY DIRECT CONTRACTING..............................................................................140
COMMUNITY BIDDING.................................................................................................... 141
ACRONYMS, ABBREVIATIONS
ACT
BA
BAC
BDC
C/BSPMC
CBPM
CD
CDD
CEAC
CENRO
CFA
CFMS
CIO
COA
CPO
CPP
CSO
DSWD
DA
DENR
DEPED
DOH
DPWH
DTI
DV
ECPP
GOP
GPRA
ITB
IPCPMR
IRR
IB
KALAHI- CIDSS
KC-NCDDP
LCB
LCC
LCCQ
LCRB
LCRQ
LGC
LGU
MAO
ME
MENRO
MFA
MIAC
MIBF
MIT
NDRRMC
NFCC
NOA
NOL
NPMO
NPMT
NRM
NRQ
NTP
OR
PCAB
PCMR
PDNA
Phil-GEPS
PIAC
PIT
PNS
PO
POW
PPMR
PPT
PS
PT
RCIS
RFQ
ROW
RPM
RPMO
RPMT
RPO
RTA
SEC
SOW
SPA
TA
TAF
TF
TWG
WB
1.1. Purpose
This Community Based Procurement Manual (CBPM) for the KALAHI-CIDSS 1 National
Community Driven Development Program (KC-NCDDP) is developed for the purpose of setting
guidelines for community participation in procurement based on the experience gained from the
first KALAHI-CIDDS project. It aims to provide community based officials and volunteers
implementing planning and investment grants under the project with a clear and concise set of
procedures to follow in its procurement activities. These procedures incorporate the relevant
provisions of the Government Procurement Reform Act (RA 9184) and its implementing rules
and regulations, the Local Government Code (LGC), and the procurement guidelines of
international financing institutions involved in the project, among them, the Asian Development
Bank (ADB) and the World Bank (WB). It also discusses important issues that may confront
community based officials in the different stages of procurement.
The Government Procurement Reform Act (GPRA) states that for foreign funded procurements,
its Implementing Rules and Regulations (IRR) shall apply, unless a treaty or international or
executive agreement expressly provides for the use of the procurement procedures and
guidelines of the foreign governments or international financing institutions. However, in case of
conflict between the terms of the treaty or international or executive agreement and this IRR,
the former shall prevail. (Section 4.2. IRR-A)
Community driven development (CDD) is an approach that gives control over planning
decisions and investment resources for development projects to community groups based on
the principles of local empowerment, participatory governance, demand-responsiveness,
administrative autonomy, greater downward accountability and enhanced local capacity.
Procurement is one of the most critical activities in community project planning and
implementation as it empowers communities to establish needs, identify activities to address
such needs, and to take control of decision making in the judicious use and disbursement of
limited resources. It can also help stir up the local economy through the purchase of goods and
services from local entrepreneurs and the employment of local labor. It is, therefore, important
to provide a standardized set of procurement procedures in accordance with the loan
agreements to prevent confusion and ensure transparency among community officials and other
stakeholders. Community based procurement provides equal opportunity for men and women to
take part in all procurement activities.
The CBPM is a harmonized version of the procurement and contract implementation
procedures under the GPRA as well as the ADB and WB procedures on community participation
in procurement based on the experience gained from the first KC project. This edition clarifies
many gray areas that were not discussed in the previous manual and includes strengthened
provisions on contract implementation and procurement monitoring.
1.2. Scope
The CBPM shall apply to all community based procurement activities under the KC-NCDDP
based on the approved Community Procurement Plan (CPP) regardless of source of funds. It
shall not cover the acquisition of right-of-way site or location for infrastructure projects, leasing
1 KALAHI-CIDSS stands for Kapit-Bisig Laban sa Kahirapan Comprehensive and Integrated Delivery of Social
Services.
of government-owned facilities and those projects included in the negative list discussed in
Section 4.4 of this manual.
1.3. Coverage
The procedures provided in this CBPM shall cover all procurements of goods and services,
infrastructure or works projects and consulting services under the Community Empowerment
Activity Cycle (CEAC) stages of social preparation; project identification, preparation, selection
and planning; and implementation of sub-projects.
1.4. Application
The procurement procedures provided in this manual shall apply to the following:
1. Goods and services This refers to all items, supplies, materials, and general support services
which may be needed in undertaking the project related activities or in the operations of the
Community/Barangay Sub-Project Management Committee (C/BSPMC). This includes, among
others, equipment (transport, production, post production, processing and storage), furniture,
office supplies, construction materials, agricultural or aquacultural inputs, seedlings or trees,
hand tools. It also refers to non-personal or contractual services such as fabrication, lease, repair
and maintenance of equipment, trucking, hauling, security, rental of venues and facilities, hiring
of short term resource persons or facilitators, catering services for workshops and trainings,
attendance to external trainings and seminars and other short term services not considered as
consulting services.
2. Works or Infrastructure Projects This refers to undertakings to construct, improve, upgrade,
rehabilitate, demolish, repair, restore, or maintain small scale infrastructure and all types of
physical works such as construction, improvement, upgrading of barangay roads and bridges,
buildings, classrooms, barangay health stations, day care centers, communal irrigation, flood
control and drainage, water supply, sanitation, sewerage, solid waste, water shed protection and
other natural resource management systems, shore and slope protection, energy/power and
electrification and other common service facilities, as well as physical labor to complete such
projects.
3. Consulting ServicesThis refers to services provided by external technical service providers2
or experts that are beyond the capacity of the C/BSPMC or Local Government Unit (LGU) staff to
undertake such as but not limited to feasibility studies; engineering and architectural design;
construction supervision; capacity building; and, special studies, among others.
Community based procurement under the KC-NCDDP shall be governed by the following
principles:
1. Fairness (Fair dealing) - it should provide fair and equal opportunities to all competing bidders
ensuring fair grounds for competition where no single bidder influences the outcome of the
process. Competition should urge bidders to offer more beneficial terms to the community.
Service providers should be treated fairly and without unfair discrimination, including protection
of commercial confidentiality where required.
2. Effectiveness the processes must be simple and streamlined to encourage communities to
plan and implement sub-projects that will redound to their benefit rather than creating layers of
bureaucratic red tape that will delay service delivery. Procurement should also be carried out in
the most cost effective manner as possible.
3. Economy it should ensure that communities obtain the optimal benefit from projects through
processes that promote value for money approaches. Thus, award of contracts shall be based
on the Lowest Calculated and Responsive Bid/Quotation for community bidding and bids or
quotations that are most advantageous to the community. The communitys ownership of the
sub-project encourages its responsible use, extends the project life, thereby maximizing its
beneficial value to the community.
4. Transparency procurement policies and procedures should be clear and should be open in its
implementation. The community should be made aware of important decisions ensuring that the
rationale behind such decisions and actions are understood. Financial management of project
funds is open and shared with the entire community. Toward this end, posting of contract award
and implementation information including payments to suppliers, contractors and local workers
must be well disseminated. Bid opportunities shall be published in regional or provincial
newspapers (for Community Bidding) and in conspicuous places within the Region, Province,
Municipality or Barangay, in television or radio stations or any other possible means, as
applicable, for all procurements. Other procurement related information shall be reported through
the conduct of barangay assemblies or the posting of such reports in the KC-NCDDP designated
billboards or bulletin boards within the barangay. The BAC shall also invite observers to observe
any or all stages of the procurement process. Finally, each procurement transaction must be
properly documented and such records must be maintained and made available at the
C/BSPMC office/s.
5. Accountability all roles and responsibilities as well as liabilities of community officials directly
or indirectly involved in the procurement and implementation of contracts and private parties that
deal with the community shall be made clear and legally identifiable. When warranted by
circumstances, they shall be investigated and held liable for any unfavorable actions and
decisions. Participating communities which violate the prescribed procurement policies, methods
and procedures are liable for sanctions and will be penalized. Procurement that does not follow
guidelines will be disallowed and grant funds used will be returned to the KC-NCDDP. Depending
on the degree of violation, the sanctions can range from disallowance, suspension of further fund
releases, and withdrawal of the community project. If there are anomalous transactions, persons
responsible will be charged with civil and/or criminal cases. Blacklisted and suspended suppliers
and contractors by the KC-NCDDP and the Government of the Philippines (GOP) shall not be
allowed to participate in project related procurement.
CHAPTER TWO:PROCUREMENT
ORGANIZATION AND CAPACITY
BUILDING
2.1. Organizational Structure at the
Community Level
2.2 Barangay Sub-Project Management
Committee (C/BSPMC)
2.3. Bids and Awards Committee (BAC)
2.4. Procurement Team
2.5. Technical Working Group
2.6. Observers
2.7. Functions and Responsibilities
2.8. Other Procurement Stakeholders
2.9. Capacity Building for Community Based
Procurement Groups
3. One member to be elected from the MIT and PIT by the C/BSPMC Executive Committees3 .
The BAC members shall elect the BAC chairperson. The following officials are disqualified to sit
as member of the BAC: (a) elected barangay officials who are members of the BDC as the
Local Government Code (RA 7160) specifies that their principal function involve the monitoring
and evaluation of local programs and projects; and (b) the C/BSPMC Chairperson, as approving
authority for all transactions. The Barangay Treasurer is disqualified to act as BAC Chairperson
since he/she will certify to the fairness and soundness of the transactions.
The simple majority (two members) of the BAC members constitutes a quorum in all meetings
and deliberations. The Chairperson presides over the meetings. In his absence, any one of the
two members present may preside. All BAC decisions are embodied in resolutions or minutes
of meetings duly signed by at least a majority of the members.
5. Volunteer professionals in the community with expertise related to the sub-project (if
any)
2.6. Observers
To enhance the transparency of the procurement process, the BAC shall invite any of the
following to act as observers: the LGU Commission on Audit (COA) Auditor, Barangay Captain,
local government officials, Area Coordinator, Technical Facilitator, Regional Infrastructure
Engineer, Barangay Audit and Inventory Committee Head, or where available representatives
from Civil Society Organizations (CSOs). They shall sit as non-voting members and shall
observe any or all stages of the procurement process. Other interested parties are also
encouraged to observe as long as they have knowledge, experience or expertise in
procurement or in the subject matter of the contract to be bid and have no direct or indirect
financial interest in the contract to be bid. The mere non-attendance of observers does not
invalidate the proceedings.
The community through the Barangay Assembly or the municipality through the mayor may also
designate community observers composed of volunteers who are not involved in any of the
NCDDP related activities and whose function is to observe whether the procedures followed by
the C/BSPMC, BAC, PT and TWG are in accordance with those discussed in this manual. The
community observers shall be trained alongside the C/BSPMC, BAC and PT on procurement
procedures to carry out their responsibilities. Communities are encouraged to adapt similar
initiatives to mobilize community volunteers in observing procurement and other related
activities to ensure transparency in project implementation. Where such community observers
have been organized, they may provide their services or share their experience with other
communities within the vicinity or municipality.
Acts as Secretariat and provides administrative support to the BAC (organize and
attend meetings, assist in the drafting of resolutions, minutes);
ii. Prepares and takes custody of procurement documents;
iii. Prepares and delivers invitation to bid and requests for quotation
iv. Prepares quotation forms and acts as canvassers by delivering quotation forms to suppliers;
v. Prepares and finalizes the Community Procurement Plan (CPP) with the assistance of BAC;
vi. Assists in the presentation of CPP during Barangay Assembly;
vii. Receives and records bids/quotations, quotations;
viii. Assists in updating the status of CPP;
ix. Prepares and delivers purchase orders and contract documents;
x. Performs such other related functions as may be necessary to assist in the procurement
process.
Provides assistance to the BAC in terms of the technical, legal and other aspects of
the procurement at hand;
ii. Assists the BAC in the conduct of eligibility screening, evaluation of bids, post
qualification and preparation of the accompanying reports for the C/BSPMC and
approval;
iii. Assists the BAC and PT in drafting contracts and in preparing the resolution
recommending award, with regard to the technical aspect, if necessary;
iv. Performs such other functions as may be necessary
2.7.5. Observers
The Observers have the following functions and responsibilities:
9
i.
ii.
iii.
Observes and assesses the extent of compliance with the substantive and
procedural requirements of this manual;
Where there are findings of substantive or procedural irregularities (red flags) in
the procurement at hand, bring this to the attention of the Technical Facilitator (TF)
who shall include the findings in the Procurement Compliance Monitoring Report
to be submitted to the Regional/National Office for appropriate action. The
Observer may request copies of any procurement related documents;
Signs as witness in the Records of Bid Opening, Abstract of Bids, Post
Qualification Report and in the Resolution to Award.
2.7.6. Bidders
An eligible bidder shall be responsible for having:
i.
ii.
iii.
iv.
11
12
At the project identification, selection and planning stage, the procurement group members
are exposed to the key processes and tools to identify, select, and design appropriate
solutions to address community problems and are trained on the salient provisions of the
CBPM. This is to enable members to plan and package community procurement
requirements based on the identified community proposals for sub-projects proposed for
KC-NCDDP funding. At the end of the training, procurement group members are expected to
prepare the Community Procurement Plan (CPP) based on inputs from the feasibility study,
project technical design, program of works and estimated budgets for contracts.
13
14
15
COMMUNITY EMPOWERMENT
ACTIVITY CYCLE
Actual Procurement
Implementation
Community Volunteers
Training on Procurement
and Finance
Inventories of Available
Suppliers/Contractors/Service
Providers
Stage 3:
Communitymanaged
Implementation
and Organization
Formation and
Stage 2:
Community
Planning and
Survey of Prevailing
Market
Project
Proposal
Rate and Labor Rate
Development
Preparation of Initial CPP
Formation of BSPMC,
BAC and PT members
Review and
Finalization of CPP
During the social preparation stage, the Project Preparation Team (PPT) with the assistance of
the TF and the CEF shall conduct surveys of the available suppliers, contractors, service
providers, laborers, pakyaw groups and the prevailing market rate of hardware
materials/equipment/services within the locality. (using CBPM Forms A-2 and A-3) The survey
result shall be the basis for cost estimates and CPP preparation during the Community Planning
and Project Proposal Development Stage. If the Barangay is prioritized for KC-NCDDP funding
in the MIBF-PRA, the Barangay Assembly (BA) shall elect BSPMC, BAC and PT members. This
stage is called Community-managed implementation and Organization Formation and
Development Stage which also includes the review and finalization of CPP, Community
Volunteers Training for Procurement and Finance and actual Procurement Implementation.
16
Figure 3 provides an overview of the procurement planning process for community based
subprojects.
Preparation of
Program of
Works
Preparation of
Initial CPP
Sub-Project Implementation
Finalization of
CPP
Conduct of Actual
Procurement
For goods, the term technical specifications refer to the physical description of the goods
or services, as well as the requirements of the community in terms of the functional,
17
ii.
iii.
i.
Functional description defines the purposes for which the goods are to be utilized.
Taking water pumps as an example, the functional description may include the
discharge flow capacity, total pumping head generated, operational speed, overall
pump efficiency and other similar descriptions.
Performance description refers to the manner in which goods are required to perform
the functions expected of them. For example, in the case of water pumps, this may
include horsepower or pressure capacity, flow rate, outlet pressure or inlet suction of
head (feet or meters).
Environmental interface refers to the environment in which the required functions are
performed at the desired level. For example, in the case of water pumps, the
environment will help determine the kind and type of pump priming (centrifugal, twin
screw, progressive cavity, electric submersible, buffer tank) to be procured.
Design refers to the technical design or drawing of the goods being procured. A Design standard
is particularly useful in cases where the goods procured are specially manufactured for the
community.
In determining the technical specifications of the goods to be procured, the community must
consider the objectives of the project or the procurement at hand. This shall be the basis for
determining the standards that should be met by the goods in terms of function,
performance, environmental interface and/or design. In-house experts who are part of the
TWG may be tapped to provide technical advice in the preparation of technical
specifications.
As a general rule, Philippine National Standards (PNS), as specified by the Bureau of
Product Standards (BPS), shall be used in the preparation of technical specifications. This is
to ensure that the goods to be procured have passed the quality, safety, reliability, testing
and certification requirements specified for such products. Community planners must
therefore include the appropriate PS Mark, where applicable, in the technical specifications
of goods to be procured. The PS Mark reveals a manufacturers compliance to the
requirements of a Philippine National Standard (PNS). The BPS authorizes a manufacturer
to affix the PS mark on its product or its products packaging material, to let the buying
public know that the marketed product has successfully passed Department of Trade and
Industry (DTI) requirements.
It is important to note that the use of brand names is prohibited. This limits competition,
fairness and the provision of other alternatives that may be of better quality and price.
Specifications for the procurement of goods shall be based on relevant characteristics
and/or performance requirements. Hence, a generic description of the product or service
shall be used.
For works, the technical designs and specifications to be used must be in accordance with
relevant national, municipal and local design codes and standards applicable to the project.
Construction supervision, quality control, contract management, completion inspection,
acceptance, operation and maintenance procedures shall be in accordance with the
requirements of the projects.
18
Most technical plans and specifications for KC-NCDDP sub-projects were adopted from the
standard plans of partner agencies implementing or mandated to perform such
programs/services. These include the Barangay Health Station (BHS) from the Department
of Health (DOH), school buildings from the Department of Education (DepEd) and
structures, sections and profiles of rural roads and bridges from the Department of Public
Works and Highways (DPWH). These specifications were modified to suit local conditions
and requirement of the project.
In setting the standards and technical specifications for works, the following should be
considered:
i.
ii.
For short term services or consulting services, the Terms of Reference for the service
required should specify the:
i.
Type of required expertise
ii.
Qualifications
iii.
Scope of work
iv.
Expected output or deliverable
v.
Schedule and duration of the engagement.
19
goods, equipment and construction materials with the appropriate PS mark that meet the
required technical specifications. Please refer to CBPM Form A-2 and CBPM Form A-3.
If there are no available suppliers within the municipality, the PPT may inquire from other
possible sources in the area near the municipality or the province. They can also refer to
the ACT (Area Coordinating Team) and RPMT (Regional Program Management Team)
inventory of resource institutions, technical assistance (TA) providers and suppliers for a
possible list of suppliers and the prevailing prices. The data can be used in the preparation
of the project budget and the selection procurement methods.
For works, the PPT can conduct an inventory of possible contractors and construction
materials suppliers as well as skills of construction workers available in the community,
municipality or province. The availability and number of skilled and unskilled construction
workers in the community can help determine the types of work that can be done through
pakyaw contracts.
For consulting services, the Technical Facilitator (TF) shall conduct an inventory of potential
service providers (individuals or firms) within the municipality or the province. The list shall
be classified according to the area of expertise (e.g. surveying, engineering design
construction supervision, among others, and/or its combination of services). This shall be
supported by company profile for firms, information sheet or curriculum vitae for individual,
including track record or work experiences which shall be duly validated. The TF shall also
conduct research on the prevailing professional fees for the required service in coordination
with professional associations (e.g. Philippine Institute of Civil Engineers (PICE) in the
municipality, province or region. The list of potential consultants shall be consolidated at the
RPMO and shall serve as a data base for service providers in the area. Service providers
who are personnel of construction firms interested in bidding or offering quotations for
community sub-projects shall not be engaged in the preparation of detailed designs or cost
estimates to avoid conflict of interest during the procurement process. The list of service
providers shall be made available to communities or municipalities requiring technical
assistance.
20
Quantity
50
40
30
20
100
110
150
500
12
15
Unit
cubic meter
cubic meter
cubic meter
cubic meter
bags
pieces
pieces
board foot
pieces
kilos
Possible Packaging:
Package 1: (for similar or related types of materials such as aggregates available
through a local gravel and sand supplier)
Selected Filling Materials
Aggregate Base Coarse
Sand
Boulders
50
40
30
20
cubic meter
cubic meter
cubic meter
cubic meter
Portland Cement
16 mm diameter RSB x 6M
10 mm diameter RSB x 6M
1/4" thick Ordinary Plywood
3 inches CWN
100
110
150
12
15
bags
pieces
pieces
pieces
kilos
500
Bd. Ft.
21
Pavement), Item 500 (Reinforced Concrete Pipe Culvert), Item 505 (Grouted Riprap)
packaging can be as follows:
Possible Packaging
Option 1: (one package since all items can be undertaken by one contractor)
Item 105
Item 200
Item 201
Item 311
Item 500
Item 505
Sub-grade Preparation
Aggregate Sub-Base
Aggregate Base Coarse
300 Linear Meter Item 311 (PCCP)
RCPC (0.61M diameter)
Grouted Riprap
Option 2: (two packages since some items can be done by one contractor and
others through pakyaw contracts)
Package 1: (this can be done through Community Bidding or Shopping by one
contractor depending on the package threshold since the items of work are
mechanized)
Item 105
Item 200
Item 201
Sub-grade Preparation
Aggregate Sub-Base
Aggregate Base Coarse
Package 2: or more (this can be done through Pakyaw Contracts since materials
and labor are available in the community by one or two pakyaw groups)
Item 311
Item 500
Item 505
In this case, the use of two procurement methods is not considered contract splitting
since the decision was based on the availability of local materials and the capacity of
local laborers to implement the project. Moreover, majority of the community can
participate in the implementation and procurement process thus generating
employment for local labor.
Case 3: Grouping of Several Procurement Categories When this is considered
Most Practical
Example: For a Level I Water Supply system that involves deep well drilling (works),
supply of submersible pump and motor (goods), supply of concrete water tank (works),
construction of pump house (works) packaging can be as follows:
Particulars
Deep Well Drilling and installation of pipe casing
Supply of Submersible Pump and Motor
Supply of concrete water tank
Construction of pump house
Quantity
Unit
400
feet
unit
1
1
1
unit
unit
Option 1: (one package since all items can be undertaken by one contractor)
22
Option2: (two or more packages since some items can be done by one or more
contractors or through pakyaw contracts and equipment can be provided by a
supplier)
Package 1: (this can be done through Community Bidding or Shopping by a drilling
contractor depending on the package threshold since the items of work are
mechanized)
Particulars
Deep Well Drilling and installation of pipe casing
Quantity
Unit
400
feet
Quantity
1
Unit
unit
Package 3: or more (this can be done through Pakyaw Contracts since materials
and labor are available in the community by one or two pakyaw groups)
Particulars
Supply of concrete water tank
Construction of pump house
Quantity
1
1
Unit
unit
unit
The above examples are only a few of the options available to the Procurement
Team in the preparation of the CPP. The Procurement Team should also consider the
approved procurement thresholds, and schedules for the release of grant funds and
project implementation in the preparation of planned procurement packages.
23
24
required when requesting for the second tranche. For a 50-40-10 tranching, the required
physical accomplishment is 30%; for an 80-10-10 tranching, the required physical
accomplishment is 60; while for a 90-10 tranching, the required physical accomplishment is
70%. The total amount for funding of contract packages should be consistent with the
implementation schedule.
25
26
27
Community Shopping
Community Bidding
Community Direct Contracting
Repeat Order
Small Value Procurement
5.1.
Off-the Shelf Goods
5.2.
Short Term Services
5.3.
Small Works
6. Single Source Selection or Individual Consultant Recruitment for Consulting Services
7. Pakyaw Contract
8. Emergency Procurements
Community Bidding
- Works
- Goods
Community Shopping
Threshold
Amount
(P)
2.0 M & above
1.0 M & above
NPMO
28
- Works
Below 2.0 M
- Goods
Below 1.0 M
None
all
all
Post
Post
all
2.0 M & above
Post
Post
Post
Post
Post
Post
Repeat Order
- Goods
10,000.00
Post
300,000.00
Up to 10% of
original contract
cost
No Threshold but
must satisfy the
requirements of
Section 7.8
All
All
2M to below 3.0 M
3.0M and
above
6 e.g. boulders, sand , gravel, lumber scaffoldings and others which are indigenous in the area
and can be provided by the community pakyaw group
7 Formerly called Community Force Account (CFA) in the previous version of this manual
29
In addition to the contracts above the specified thresholds, ADB/WB prior review requirement
shall cover the first three (3) contracts for the first year sub-projects in each of the two (2) new
Regions (I and III). This shall be adjusted in the succeeding years based on the findings of
the post review and the assessment of performance and risk analysis for the whole of
Component 1.
Aggregated contracts8 refer to one or more on-going KC-NCDDP contracts with a single
contractor/supplier within the Province of KC-NCDDP area. Prior-review threshold for
aggregated contracts consider all contracts (regardless of fund source; MCC, PAMANA,
DFAT) with below 50% physical accomplishment for Works and all on-going contracts for
Goods within the Province. Completed Goods contracts and more than 50% completed
Works contracts will not be included in the threshold of aggregated contracts. In cases where
there are more than one new contracts in addition to the ongoing contracts that reached the
aggregated threshold, the higher/est contract cost shall be subject to prior review as
specified in Table 1 to ensure that they continue to have the capacity to deliver or perform the
procurement at hand. A list/table of all ongoing contracts indicating the contract costs and
percentage of physical accomplishment will be submitted as part of the documents for
review by the ACT.
8 Prior review for aggregated contracts aims to determine the capacity of contractor/supplier to
perform the works or deliver the goods/services required.
30
Access/Barangay roads;
Bridges (footbridge, reinforced concrete, cable foot, rural road bridge);
Pathways for pedestrians;
School buildings/classrooms for basic education (elementary and high school);
Day care centers;
Barangay Health Center;
Domestic water supply systems;
a. Level I
b. Level II
c. Level III
8. Rural electrification (on-grid, off-grid, renewable energy);
9. Small-scale communal irrigation;
10. Public sanitation facilities (toilets);
11. Flood control facilities
Seawall
Slope protection
River control;
Drainage;
Waste/sanitation management facility
31
32
This chapter explains the procedures for the procurement of goods, works and consulting
services using the different procurement methods. The discussions shall be based on the most
commonly used methods under the KC NCDDP.
34
For Community Shopping, suppliers and contractors from whom goods and works are
procured should be in good standing, and have not committed any breach of contract (e.g.,
short deliveries, unreasonable delays in delivery of goods, delivery of defective goods, or
similar acts) in previous transactions with the community or municipality. Community
shopping involves the following procedures:
For Works,
i.
ii.
iii.
iv.
v.
vi.
The PT, BAC, C/BSPMC, and Technical Working Group (TWG) shall meet to discuss the
procurement at hand and to ensure that all requirements are in order. During the same
meeting, the BAC will review and approve the quotation forms and contents of the Notice of
Request for Quotation (NRQ) and the Chairperson will sign the form for posting. The PT will
prepare the minutes of the procurement preparation meeting and the C/BSPMC Bookkeeper
will keep a copy of all the documents.
If the C/BSPMC has to procure goods or works with different packages or work items, it is
best to hold just one procurement preparation meeting to save time.
Brief description of the goods to be procured for goods or the type, size, major
items and other important or relevant features of the works for works;
The date, time and place for the deadline for the submission, receipt and
opening of quotations;
Delivery schedule for goods or contract duration for works;
The name, address of the designated contact person;
Such other necessary information deemed relevant by the BAC.
36
seal it in an envelope or ask the suppliers to submit the quotation in a sealed envelope to the
C/BSPMC at the barangay hall within three (3) days. The PT should ask the supplier to
acknowledge receipt of the quotation form by signing the Acknowledgement Receipt (CBPM
Form B-5). Interested suppliers who were not issued RFQs may submit their respective
quotation forms and other requirements in a sealed envelope to the C/BSPMC before the
deadline for the opening of quotations. The suppliers shall accomplish the Quotation Form
and submit this in a sealed envelope with the following written outside the sealed envelope:
NAME OF SUPPLIER
ADDRESS
Quotation for:_________________
KC-NCDDP Barangay Sub-Project Management Committee
Address of Barangay
What is a Supplier of Good Standing?
A supplier of good standing is one who is known in the community to be in the business of
providing the goods to be procured for at least one year, duly registered with the DTI, SEC or
CDA and possessing a mayors permit/municipal license from the suppliers principal place of
business with no outstanding record of being blacklisted by any government agency or local
government unit. In case of previous or existing suppliers to KC-NCDDP sub-projects, they
should have satisfactory performance or completed all contracts awarded.
For Works:
Only bona fide contractors licensed by the PCAB and who have been classified under the
type of contract/project where the subject contract falls are eligible to be invited to submit
quotations for shopping for works. The contractor should have a satisfactory performance
for any on-going or completed KC-NCDDP projects. At least two members of the PT
delivers the Request for Quotation (RFQ) (CBPM Form B-4) with the attached
specifications, drawings and bill of materials to at least three (3) licensed contractors.
The CEF should accompany the members during the first serving of the RFQ for
communities in far flung areas to help explain the objectives of the procurement and the
project to the prospective contractor. They will ask the contractor to submit the quotation in
a sealed envelope to the C/BSPMC at the barangay hall within three (3) days. The PT
should ask the contractor to acknowledge receipt of the RFQ by signing the
acknowledgement receipt.
Interested contractors who were not issued RFQs may submit their respective quotation
forms and other requirements in a sealed envelope to the C/BSPMC before the deadline for
the opening of quotations. The contractor shall submit this in a sealed envelope with the
following written outside the sealed envelope:
NAME OF CONTRACTOR
ADDRESS
Quotation for Community Shopping for: (Name of Project)
KC-NCDDP Barangay Sub-Project Management Committee
Address of Barangay
5.1.6.
Conduct of Contractors Conference for Community
Shopping for Works
37
The conference for the community shopping for works is the forum where the PT, C/BSPMC,
BAC and the prospective contractors discuss the different aspects of the procurement at
hand, details of the contract and forms to submit, issues that may arise during the
preparation of the quotation. The conference for shopping for works is to be done at least
three (3) days before the deadline for the submission of quotation. Attendance to the
conference is encouraged for all invited contractors for contracts above P 1M.
Conduct of conference for contracts below P1M is optional.
The ME and TF provides technical assistance to the BAC and acts as resource person in
case of requests for clarification. The PT shall prepare the minutes of conference.
The BAC shall organize a site visit or inspection of the project site for prospective
contractors. All prospective contractors are required to attend the site visit for
contracts as this will enable them to offer a more realistic quotation. Those who are not
able to attend the scheduled site inspection may conduct their own inspection provided this
is done before the submission of proposals. The C/BSPMC Chairperson shall issue a
Certificate of Site Inspection to the representative of the prospective contractor and this
shall be presented as a requirement in the opening of quotations.
Are we allowed in KC-NCDDP Procurement to announce the Estimated Budget for the
Package (EBP)?
NO, because in KC-NCDDP, bidders should base their proposal in their evaluation of the
procurement at hand.
Suppliers or contractor who were not issued RFQs but submitted quotations shall be
considered for evaluation. The sealed quotations and logbook will be placed at C/BSPMC
office inside a secure filing cabinet. Any quotations submitted after the deadline shall be
declared Late and shall not be accepted.
38
The BAC shall invite the following to assist in the review and evaluation of quotations on
the day specified for the opening of the quotations: the Head of the Audit and Inventory
Team (AIT) for goods, the Head of the Project Implementation Team (PIT) for works and
the members of the Technical Working Group (TWG).
The PT shall bring the logbook and sealed envelopes containing the quotations to the
venue of the opening of quotations. The PT shall place the sealed quotations inside the
bid box located in the barangay hall (or designated venue). The bid box shall be locked.
The BAC Chairperson shall determine the presence or absence of a quorum and shall
declare a quorum if there is one. The Chairperson shall open the padlock of the bid box
and shall proceed with the opening of the sealed quotations.
As a general rule, a minimum of three (3) sealed quotations must be received for the
BAC to proceed with the opening of quotations. The BAC can declare a failure of
opening if only one or two envelopes are received and proceed with a re-canvass.
However, if in the second attempt only one or two envelopes are received, the opening
will push through. The acknowledgement receipt shall serve as proof that the procedure
was complied with.
All members of the BAC shall initial every page of the original copies of all quotations
received and opened. The PT shall prepare the minutes of the opening of quotations.
39
his quoted price is within 110% of the price of the second lowest, otherwise the BAC
may proceed to community direct contracting or re-canvass.
For Works:
The BAC shall examine the contractors license and check if this is genuine and valid for
the contracting period required. The certificate of site inspection shall also be validated.
The bill of quantities shall also be examined and evaluated for completeness of
information that meets the technical specifications and the quoted price for all items of
work specified in the quotation. The evaluation of quotations shall take the following into
consideration:
i.
ii. Minor arithmetical corrections to consider computational errors and omissions shall
be made to enable proper comparison of all quotations. Discounts shall be
incorporated in the quotation for each work item. Any adjustment shall be calculated
in monetary terms to determine the calculated prices.
iii. All bids shall be evaluated on equal footing to ensure fair and competitive bid
evaluation. For this purpose, all bidders 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 quotation form and
reflected in the detailed estimates. Such bids, including said taxes, shall be the basis
for bid evaluation and comparison.
iv. Quoted prices in words, unit prices, and unit cost in the bill of quantities shall prevail
in case of discrepancy. In case of discrepancies between: (a) quoted prices in figures
and in words, the latter shall prevail; (b) total prices and unit prices, the latter shall
prevail; (c) unit cost in the detailed estimate and unit cost in the bill of quantities, the
latter shall prevail.
Based on the detailed evaluation of quotations, those that comply with the
abovementioned requirements shall be ranked in the ascending order, to identify the
Lowest Calculated Quotation (LCQ).
The entire evaluation process for the evaluation of quotations must be completed in not
more than two (2) calendar days from the deadline for receipt of proposals. The BAC
should exert effort to complete the process even before the end of the 2-day period, as
this will expedite the procurement process.
If only one or two contractors quoted on all items and is/are considered responsive, the
BAC shall proceed with the evaluation.
An Abstract of Quotation (CBPM Form B-7) is prepared by the PT for all calculated
quotations. This is signed by all members of the BAC. Award is made to the contractor
with the lowest price quotation that meets all the requirements specified in the quotation.
The C/BSPMC Chairperson shall review and approve the Abstract of Quotation.
40
If the contractor with the lowest calculated quotation refuses to accept the quotation, the
second lowest is considered. If the second lowest refuses to accept, the third lowest
quotation is considered provided his quoted price is within 110% of the price of the
second lowest, otherwise the BAC may proceed to re-quotation or community direct
contracting.
For both goods and works, the PT prepares the minutes of the evaluation of quotations.
The TF shall ensure that the lowest calculated and responsive quotation is the one
indicated in the minutes of evaluation of quotations.
In the case of awards that are waived without acceptable/valid reasons, the
supplier/contractor shall be blacklisted in future KC-NCDDP procurements.
What to do if the Lowest Calculated and Responsive Bid or Quotation (LCRQ/B)
exceeded the Estimated Budget for the Package (EBP)?
1. The BAC with the assistance of the TWG shall evaluate if the excess amount is justifiable
and necessary for the completion of the contract;
2. The BAC and TWG shall determine if there are available fund from Procurement Savings
and or additional LCC from the LGU.
3. If YES, the BAC may recommend for the Award of Contract.
4. If NOT, the BAC shall declare a failure of procurement. The procurement at hand shall be
reviewed and the necessary revisions shall be made prior to the re-canvassing/bidding
activities.
41
The PT shall prepare three (3) copies of the Purchase Order (PO) (CBPM Form B-8)
and shall agree with the Monitoring and Inspection Team (MIT) on the date of delivery.
The Barangay Treasurer certifies to the availability of funds and this is submitted to the
Chairperson of the C/BSPMC who approves and signs the PO.
The PT delivers the PO to the winning supplier who signs his conforme and retains his
copy.
The PT furnishes a copy of the PO to the Barangay Bookkeeper and the Monitoring and
Inspection Team (MIT) member.
What is a Purchase Order?
A purchase order is a contract between the community and the supplier/dealer for
the delivery of supplies, subject to stipulations in the order. Thus, for contracts
covered by purchase orders, the inclusion of a clause in the purchase order making
reference to the general and specific conditions of the contract as reflected in the
bidding documents shall be necessary to indicate that those conditions form part of
the contract between the parties.
For Works:
42
effective upon receipt of the NTP. If an effectivity date is provided in the NTP, such
date shall not be later than seven (7) calendar days from issuance thereof.
The PT shall furnish copies of the approved contract to the Municipal Auditor and the
RPMO.
43
i.
ii.
iii.
iv.
v.
vi.
vii.
Direct Contracting due to Failure of Bidding may occur in any of the following
instances:
i.
ii.
iii.
iv.
The community shall provide sufficient justification indicating that entering into an Community-toGovernment Agency Agreement with the Servicing Agency is more efficient and economical for
the community;
ii. The community lacks the proficiency or capacity to undertake the particular procurement;
iii. The Servicing Agency has the mandate to deliver the services required to be procured or to
undertake the infrastructure project or consultancy; and
iv. The Servicing Agency owns or has access to the necessary tools and equipment required for the
project.
44
There is breach of contract or termination for default (either by the C/BSPMC or the
contractor/supplier).
ii. If the contract is abandoned by contractor.
iii. The C/BSPMC terminated the contract for convenience, in whole or in part, as it determined the
existence of conditions that make project implementation economically, financially or technically
impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law
and national government policies.
iv. Due to unlawful acts that include, but are not limited to, the following: (a) corrupt,
fraudulent,
collusive and coercive practices; (b) drawing up or using forged
documents; and, (c) any
other act analogous to the foregoing.
Direct Contracting for Adjacent or Contiguous Projects may be resorted to under any
of the following conditions:
i.
ii.
iii.
iv.
45
Technical Plans/Specifications;
Cost estimates/Bill of Quantities;
Quotation Forms, and
Availability of the pertinent budget release for the project.
The PT, BAC, C/BSPMC, and Project Implementation Team (PIT) meet to discuss the
procurement at hand and to ensure that all requirements are in order. The Municipal
Engineer and the Technical Facilitator (TF) shall certify that there is only one
supplier/contractor available in the municipality.
For works, in case there is more than one contractor available in the vicinity, the BAC
shall choose the most capable based on the following criteria:
i.
Satisfactory performance in completed or on-going KC-NCDDP subprojects, and;
ii.
No negative slippage of more than 15%.
The selected contractor shall then be invited. During the same meeting, the BAC will
review and approve the quotations forms. The PT will prepare the record of the
46
procurement preparation meeting and the C/BSPMC Bookkeeper will keep a copy of all
the documents.
Brief description of the goods to be procured or the type, size, major items, and
other important or relevant features of the works;
The date, time and place for the deadline for the submission, receipt and
opening of quotations;
Delivery schedule for goods and contract duration for works;
The name, address of the designated contact person;
Such other necessary information deemed relevant by the BAC.
47
The CEF should accompany the members during the first serving of the RFQ for
communities in far flung areas to help explain the objectives of the procurement and the
project to the prospective contractor. They will ask the contractor to submit the quotation in
a sealed envelope to the C/BSPMC at the barangay hall within three (3) days. The PT
should ask the contractor to acknowledge receipt of the RFQ by signing the
acknowledgement receipt. The contractor shall submit this in a sealed envelope with the
following written outside the sealed envelope:
REGISTERED BUSINESS NAME OF THE CONTRACTOR
ADDRESS
Quotation for Community Direct Contracting for: (Name of Project)
If the procurement is being negotiated in case of an emergency or an imminent danger
to life or property, the direct contracting shall be made with a previous contractor
operating within the vicinity where the calamity or emergency occurred. If the
procurement is being negotiated because of two previous failures of biddings, the
BAC, through the BAC Secretariat, shall draw up a list of at least three (3) bonafide
contractors who will be invited to submit bids and negotiate with the lowest calculated
bidder.
The lone contractor may request for a meeting to discuss the various aspects of the
procurement at hand. The Municipal Engineer (ME) and the Technical Facilitator (TF)
may also be invited to attend this meeting. The TF provides technical assistance to the
BAC and acts as resource person in case of requests for clarification. The PT shall
prepare the record of the meeting.
The BAC shall organize a site visit or inspection of the project site for the lone contractor
or in the case of a failed bidding, contractors. The prospective contractor/s are required
to attend the site visit as this will enable him/them to offer a more realistic quotation.
Those who are not able to attend the scheduled site inspection may conduct their own
inspection provided this is done before the submission of proposals. The C/BSPMC
Chairperson shall issue a Certificate of Site Inspection to the representative of the
prospective contractor and this shall be presented as a requirement in the opening of
quotations.
48
The sealed bids and logbook will be placed at C/BSPMC office inside a secure bid box
stored in a filing cabinet. For failed biddings, any quotations submitted after the deadline
shall be declared Late and shall not be accepted.
49
All Purchase Orders (PO) of goods procured through community direct contracting and
Community-to-Government Agency Arrangements above P 1.0 M shall undergo prior
review by the Regional Program Management Office (RPMO). Goods procured through
community direct contracting due to failed bidding and contract termination shall undergo
prior review by both the RPMO and the NPMO. Goods procured through community
direct contracting due to emergencies shall be subject to post review by both the RPMO
and the NPMO.
For works:
All Purchase Orders (PO) of works procured through community direct contracting,
Community-to-Government Agency Arrangements above P 1.0 M and Adjacent and
contiguous projects shall undergo prior review by the Regional Program Management
Office (RPMO). Works procured through community direct contracting due to failed
bidding shall undergo prior review by the RPMO and the NPMO. Works procured
through community direct contracting due to emergencies shall be subject to post review
by both the RPMO and the NPMO.
Prior to the signing of the contract, the C/BSPMC Chairperson shall request for clearance
to award and to conduct prior review for contracts within the thresholds specified under
Table 1 of Section 4.3.
In the request for No-Objection-Letter (NOL), the PT shall attach photocopies of all the
procurement related documents with the except for the Letter Request of the BSPMC for
NOL which should be submitted in its original form.
50
the NOA to the contractor who shall sign his/her conforme and returns two (2) copies to
the PT. For contracts requiring prior review, the C/BSPMC Chairperson shall wait until
the NOL has been issued by the appropriate authority before the NOA is sent to the
winning contractor.
51
availability of spare parts, after-sales service and delivery period, among others. Repeat
Order may be resorted to if the following conditions are satisfied:
i.
ii.
iii.
iv.
v.
The original contract must have been procured through community bidding, shopping
or direct contracting;
Unit prices of the repeat order must be the same as or lower than those in the
original contract, provided that such prices are still the most advantageous to the
community after price verification;
The repeat order shall be used only once and shall not exceed fifty percent (50%)
of the quantity of each item in the original contract.
The repeat order shall be availed of only within three (3) months of the original
contract;
It shall not result in splitting of contracts, requisitions or purchase orders.
The following procedures are applicable for all types of contracts procured under community
repeat order.
52
53
Upon approval by the C/BSPMC of the items to be procured, the PT shall proceed to the
local market or stores to conduct an informal survey of vendors/suppliers providing the
most advantageous prices using CBPM Form C-2.
54
community based labor under the pakyaw contract should be discussed and agreed upon
during the Barangay Assembly.
Pakyaw contracts may be justified where:
i. there is sufficient labor in the community or its vicinity to undertake the items of work;
ii. quantities of work involved cannot be defined in advance;
iii. works are small and scattered or in remote locations for which qualified construction
firms are unlikely to bid at reasonable prices;
iv. work is required to be carried out without disrupting ongoing operations;
v. risks of unavoidable work interruption are better borne by the community than by a
contractor; or
vi. there are emergencies needing prompt attention.
There are two cases where community based labor may be provided to complete
projects:
Case 1: Where labor supply forms part of the share of community counterpart as
in kind contribution. In this case, the C/BSPMC through the PIT will manage
and supervise community workers participating in the implementation of the
community project and will pay the workers in accordance with the agreed rate
for skilled and unskilled labor using community funds. The actual cash to be paid
and the equity (bayanihan) monetized cost will be indicated in the Community
Employment Record (CER). During implementation, should the community opt to
implement the works through Pakyaw, the cost will be computed based on the
cash for the labor in the POW. The in-kind (bayanihan) community counterpart
will still be monitored and reported.
Case 2: Interested laborers form themselves into groups and provide their services
through the pakyaw method of procurement. The use of such method should be
reflected in the CPP.
The community through the C/BSPMC with technical assistance from the engineers shall
discuss the scope of works, number of contracts and number and size of groups that need
to be organized to complete the work to be done through the pakyaw contracting system.
Pakyaw labor shall be drawn from the vicinity of the community, or from Pakyaw labor
groups belonging to various Barangay contiguous to the project site. As a priority, un-skilled,
semiskilled and skilled workers should be drawn from the community where the project is
located.
The C/BSPMC with the Community Empowerment Facilitator (CEF) shall ensure that all
members of the community including women who are interested to join Pakyaw groups
being formed for the project are known to be members of the concerned community where
the subproject is located or from the adjacent Barangays. Women must be given equal
opportunity to participate in performing the works. The Community Empowerment
Facilitator and BSPMC should ensure that men and women who can perform certain
tasks under the Pakyaw work contract will be paid with equal rate. During the
community or Barangay assembly, the engineer should present and discuss works that can
be performed by women; corresponding technical assistance or capacity building shall be
provided depending on the nature and type of works. Appropriate safeguards must be
considered in involving women in construction activities i.e. culture, exposure to
risks and others.
55
56
57
58
iv. The obligations, duties and/or functions of the winning bidder; and
v. The minimum eligibility requirements of bidders, such as track record to be determined by the
C/BSPMC.
The PT and BAC are required to use the standard bidding documents found in Annex D as
the standard format in the preparation of bidding documents.
Upon approval by the C/BSPMC of the items to be procured, the PT prepares the following
documents to be used:
For Goods:
i. Invitation to Bid (ITB) (CBPM Form D1)
ii. Instruction to Bidders
iii. Bid Data Sheet
iv. Conditions of Contract
v. Schedule of Requirements
vi. Technical Specifications of the goods to be
procured
vii. Sample Forms
For Works:
i. Invitation to Bid (ITB) (CBPM Form E-1)
ii. Instruction to Bidders (IB)
iii. Bid Data Sheet (BDS)
iv. Conditions of Contract (CC)
v. Scope of Work (SOW)
vi. Drawings (if applicable)
vii. Bill of Quantities
vii. Sample Forms
The specifications and other terms in the bidding documents reflect only the minimum
requirements or specifications required so that the bidder may be properly guided in clear
and unambiguous terms on specific needs of the community in its procurement of
infrastructure projects. A bidder can always submit a superior offer than that specified in the
bidding documents. His bid, however, should not be given any premium or bonus during bid
evaluation.
The bidding documents must be prepared in time for presentation at the procurement
preparation meeting. These documents must be finalized before the advertisement and/or
posting of the Invitation to Bid. The C/BSPMC and the BAC shall review the bidding
documents with the assistance of the Community Empowerment Facilitator (CEF) and the
Technical Facilitator.
59
ii.
iii.
iv.
v.
Cost estimates;
Applicability and appropriateness of the recommended method
of procurement and the related milestones;
Bidding documents, and
Availability of the pertinent budget release for the project.
60
description of the type, size, major items, and other important or relevant features of
the works;
iii. A general statement on the criteria to be used by the community for eligibility check
examination and evaluation of bids; and post-qualification;
iv. The date, time and place of the deadline for:
a. The submission, receipt and opening of bids; and
b. The pre-bid conference if any;
v. The source of funding;
vi. The period of availability of the bidding documents and the place where the bidding
documents may be secured;
vii. The contract duration or delivery schedule;
viii. The name, address of the designated contact person;
ix. Such other necessary information deemed relevant by the BAC.
For Works:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
61
The Technical, Legal and Financial documents, technical and financial components of
the contract to be bid, the bid evaluation procedure, evaluation criteria, postqualification procedures and possible causes of failure of the bidding;
Other requirements in the Instruction to Bidders (IB), the replies to the bidders
queries about the requirements, specifications and other conditions of the contract.
The record of the pre-bid conference prepared by the PT, shall be made available to
all participants not later than five (5) days before the opening of bids.
Practical Tip:
It is advisable that technical and knowledgeable officials attend the conference. The persons who
actually formulated the scope of work, plans and technical specifications for the project should be
present and among those representing the community. Bidders, on the other hand, should be
encouraged to send representatives who are legally and technically knowledgeable about the
requirements of the procurement at hand. It is also important that the bidders are given ample time to
review the bidding documents prior to the pre-bid conference.
Practical Tip:
The BAC must initiate discussions on contentious issues, most especially if the participating prospective
bidders have no ready questions. It is probable that there are issues that may not be apparent in the
bidding documents but are known to the representatives of the community. If these issues are brought
out and openly discussed, prospective bidders will be able to prepare responsive bids, thus avoiding
failures of bidding due to lack of bids received or non-compliance with the bidding requirements.
The BAC may still entertain requests for clarification(s) on any part of the bidding documents
or for an interpretation by prospective bidders provided the following requirements are
complied with:
i.
62
ii. Requests for clarification should be submitted to the BAC at least two (2) calendar days after the
pre-bid conference.
Minutes of the meeting (CBPM Form F-4) will be prepared by the PT immediately after the
conduct of the activity.
5.6.7.1. Eligibility
63
ii.
iii.
Technical Documents
i.
The experience of having completed, a single contract that is similar to the
contract to be bid or the estimated budget for the package to be bid, and
whose value, must be at least fifty percent (50%) of the project cost
estimate. (CBPM Form D-3)
ii.
iii.
Financial Documents
i.
The prospective bidders audited financial statements, stamped received
by the BIR or its duly accredited and authorized institutions, for the
immediately preceding calendar year, showing, among others, the
prospective bidders total and current assets and liabilities;
ii.
64
NFCC = [(Current assets minus current liabilities) (K)] minus the value of
all outstanding projects under ongoing contracts, including awarded
contracts yet to be started.
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
The NFCC establishes the bidders liquidity, its capacity to absorb the
additional obligations in connection with the contract to be bid and to
finance its implementation/completion.
Eligibility Requirements for Infrastructure Projects/Works Contracts
Legal
i. The following contractors with legal personality and capacity to undertake
the contract are allowed to participate in the bidding: duly licensed sole
proprietors, partnerships, corporations or cooperatives duly registered with
the Cooperatives Development Authority (CDA).
ii. A valid license issued by the Philippine Contractors Accreditation Board
(PCAB);
Technical
i. The experience of having satisfactorily completed a single contract similar
to the contract to be bid, and whose value must be at least fifty percent
(50%) of the estimated budget for the contract to be bid (CBPM Form E3);
ii. A statement of the prospective bidder of all its ongoing and completed
government and private contracts within the period specified in the ITB,
including contracts awarded but not yet started, if any (CBPM Form E-4)
iii. A statement on the:
a. Availability of key personnel, such as project managers, project
engineers, and foremen, that may be used for construction contracts;
and;
b. Availability of equipment that it owns, has under lease, and/or has under
purchase agreements that may be used for construction contracts,
provided that ownership of equipment.
Financial
i.
The prospective bidders audited financial statements, stamped received by
the BIR or its duly accredited and authorized institutions, for the immediately
preceding calendar year, showing, among others, the prospective bidders
total and current assets and liabilities;
ii.
The prospective bidders computation of its Net Financial Contracting
Capacity (NFCC) (CBPM Form E-5) which should at least be equal to the
estimated budget of the contract, calculated as follows:
NFCC = [(Current assets minus current liabilities) multiplied by (K)] minus the
value of all outstanding works or projects under ongoing contracts, including
awarded contracts yet to be started.
65
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
Example Given:
Current Assets = P 3,000,000.00
Current Liabilities = P 500,000.00
Value of Outstanding Works = P 4,000,000.00
Contract Duration = 1 year
NFCC = [(P3, 000,000 P500, 000) x 10] P4, 000,000
= P 25,000,000 P 4,000,000
= P 21,000,000.00
The NFCC establishes the bidders liquidity, its capacity to absorb the additional
obligations in connection with the contract to be bid and to finance its
implementation/completion.
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
For Goods:
The Bid Security as to form, amount and validity period
Authority of the signatory (Board Resolution if the bidder is a corporation or a
cooperative, a Partnership Resolution if the bidder is a Partnership;
Delivery schedule;
Manpower requirements, if applicable;
After-sales service/parts, if applicable;
Technical specifications;
Although the community is not allowed to refer to brand names in setting
technical specifications/criteria in the bidding documents, a bidder may be
required to state the brand of the goods offered. However, in the
evaluation of bids there shall be no preference to a particular brand name.
Omnibus Sworn Statement (Affidavit) (CBPM Form D-8);
Certificate of Site Inspection signed by the C/BSPMC Chairperson (CBPM Form D-2)
Other documents/materials as stated in the Instructions to Bidders (IB).
For Works:
i.
66
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
i.
ii.
For Goods:
Form of Bid (CBPM Form D-9),
Financial Proposal Sheet (using the ITB as a Price Schedule) (CBPM Form D-1);
67
iii.
i.
ii.
iii.
iv.
If the envelope is not sealed and marked as above, the C/BSPMC will assume
no responsibility for the misplacement or premature opening of the Bid.
The sealed bids and logbook will be placed in a bid box at C/BSPMC office inside a
secure filing cabinet.
Any technical or financial bid submitted after the deadline for submission and receipt of
bids prescribed by the BAC shall be declared Late and shall not be accepted.
68
5.6.8.1.
69
eligibility and technical requirements were rated passed on the same day. The BAC
shall determine whether one or more of the requirements of the Financial Proposal is
missing, incomplete or patently insufficient. If the Financial Bid is complete, the BAC
shall rate it passed and shall proceed with the evaluation of the Bid. Only bids that
are determined to contain all the bid requirements for Eligibility, Technical and
Financial components shall be rated passed and shall be considered for
evaluation and comparison.
All members of the BAC shall initial every page of the original copies of all bids received
and opened. The PT shall prepare the record of the bid opening (CBPM Form F-5)
immediately after the bid opening or not later than three (3) calendar days after the bid
opening date, so that copies thereof could immediately be sent to the BAC members,
observers, bidders and other interested parties.
The BAC may return the Eligibility, Technical and Financial envelope if the prospective
bidder is declared ineligible.
A bidder may modify its bid, provided that this is done before the deadline for the
submission and receipt of bids. If a bidder modifies its bid, it shall not be allowed to
retrieve its submitted original bid. This bid must be properly identified, and marked as
Bid MODIFICATION. The Bid Modification should identify and replace affected
supporting document/s of the Original Bid. It should be stamped RECEIVED by the
BAC. Bid modifications received after the applicable deadline will not be considered and
must be returned to the bidder unopened. Any discount should form part of the bid
submission in the financial proposal.
A bidder may, through a letter, withdraw its bid before the deadline for the receipt of bids.
A bidder may also express its intention not to participate in the bidding through a letter
which should reach and be stamped RECEIVED by the BAC before the deadline for
the receipt of bids. A bidder that withdraws its bid shall not be permitted to submit
another bid, directly or indirectly, for the same contract. A bidder that withdraws its
bid prior to the deadline for submission of bids, for a justifiable cause, does not forfeit
its bid security.
70
a.
MINIMUM AMOUNT
2% of Bid
2 % of Bid
Withdraws its bid during the period of bid validity required in the bidding
documents; or
Fails or refuses to accept the award and enter into contract or perform any and
all acts necessary for 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.
The Bid Securing Declaration shall comply with the standard format found in CBPM
Form D-7 for Goods and CBPM Form E-7 for Works. The following sanctions shall be
applied in case of commission of the abovementioned acts:
i.
ii.
Automatically banned for two (2) years in all KC-NCDDP procurement activities,
and;
Payment of a fine equivalent to the difference between the evaluated bid price
and the Estimated Budget for the Package (EBP).
No bid securities shall be returned to bidders after the opening of bids and before
contract signing, except under any of the following circumstances:
i.
ii.
When the bidders failed to comply with any of the requirements to be submitted
in the bid proposal (Disqualified Bidders), or
When the bidders were post-disqualified.
71
Bid securities shall be returned only after the bidder with the LCRB has signed the
contract and furnished the performance security, but in no case later than the
expiration of the bid security validity period.
A bidders bid security may be forfeited when:
i.
The bidder withdraws its bid beyond the deadline;
ii.
The bidder does not accept correction of arithmetical errors;
iii.
The bidder being considered for award does not accept the award or does not
sign the contract within the period prescribed in the bidding documents;
The bid with the lowest price shall be identified as the LCB.
The entire evaluation process for the evaluation of bids for the procurement of goods
must be completed in not more than two (2) calendar days from the deadline for receipt
of proposals. The BAC should exert effort to complete the process even before the lapse
of the 2-day period, as this will expedite the procurement process.
After the preliminary examination of bids, the BAC, or through the TWG, shall
immediately conduct a detailed evaluation of all bids rated passed, using a
nondiscretionary pass/fail criteria, as stated in the ITB, which shall include a
consideration of the following:
i.
The bid must be complete. Partial bids or bids not addressing or providing all of
the required items in the bidding documents including, where applicable the bill of
quantities shall be considered non-responsive and automatically disqualified. If a
required item is provided in the financial proposal, but no price is indicated, the same
shall be considered as non-responsive. Specifying a 0 (zero) for the said item,
however, would mean that it is being offered for free to the community and such bid
should be considered. A partial bid will not be considered non-responsive and
disqualified if the IB specifically allow partial bids.
ii. For works, the bid must be balanced. The bid for each item of work must be
carefully examined to check if there are no unreasonable deviations from the
Engineers Estimate and that there are no mathematically or materially unbalanced
work items. If there is any finding of an unbalanced bid, the BAC, may ask the bidder
to explain the bid. If the BAC with the assistance of the TWG is satisfied with the
explanation of the bidder, then the BAC will proceed with the other considerations for
bid evaluation. If there is a finding of an attempt to defraud, the BAC shall
recommend to the C/BSPMC Chairperson to reject the bid.
72
73
If no bid complies with all bid requirements, the BAC should declare the bidding a failure.
The BAC then reviews the terms and conditions stated in the ITB. If warranted by the
ACT/RPMO, it may change any of the terms and conditions, including the quantities or
specifications. The BAC must, thereafter, conduct a re-bidding, in the process
formulating anew ITB and posting and publishing this as required. All bidders who
have initially responded to the ITB and have been declared eligible in the first
bidding shall be allowed to submit new bids.
Should a second failure of bidding occur and the C/BSPMC finds that there is a need
to evaluate the responsiveness of the estimated budget for the package (EBP), and so
decides to revise the estimates cost accordingly, the C/BSPMC should conduct another
public bidding with re-advertisement and/or posting. Alternatively, the C/BSPMC
may enter into community direct contracting with a legally, technically, and financially
capable supplier/contractor. However, if the community resorts to direct contracting, the
terms, conditions, and specifications of the project as well as the estimated budget for
the package must be maintained.
5.6.9. Post-qualification
Post-qualification is the process of verifying, validating and ascertaining all the statements
made and documents submitted by the bidder with the LCB. The post-qualification process
must be conducted and completed within two (2) calendar days from the determination of
the LCB.
During this process, the BAC with the assistance of the TWG verifies and validates the
bidders compliance with the legal, financial and technical requirements of the bid as to
their genuineness and their responsiveness to the requirements. The legal review verifies
that all required licenses, permits and other documents submitted are in order. For works,
the legal requirements verifies that the bidder is not included in any government blacklist,
and the submitted PCAB license belongs to the bidder and is valid for the period of bidding.
For goods, the technical requirements are verified to prove compliance of the goods and
services offered with the requirements of the contract and bidding documents (suppliers
stated expertise and experience, testing and inspection of the goods/products, after-sales
and/or maintenance capabilities, authenticity and sufficiency of the bid security as to type,
amount, form and wording, and validity period.
74
For works, the technical requirements are verified to ascertain the veracity of documents
submitted to prove the bidders stated competence and experience with regards to the
subject contract and its bidding documents, as well as the competence and experience of
its key personnel to be assigned to the project, to ensure that these meet the minimum
requirements. Verification also shall include the availability and commitment, and/or
inspection and testing, of equipment units owned or to be leased by the bidder, as
well as checking the performance of the bidder in its ongoing government and private
contracts, e.g., examination of the Construction Schedule, Construction Methods,
Equipment Units and Equipment Utilization Schedule, List of projects that are on-going,
completed and to be started; statement on similar projects to ensure that these meet the
minimum requirements. Validation shall also be conducted on on-going contracts to check
if there are any negative slippages of at least fifteen percent (15%); or substandard quality
of work as per contract plans and specifications; or unsatisfactory performance of his
obligations as per contract terms and conditions, at the time of inspection; or there are
overlaps in the proposed utilization of the minimum required equipment with those
equipment in the on-going works of the contractor; or that the minimum required
experience of the bidders key personnel were not met; all of which are grounds for
disqualification if found by the BAC to be due to the bidders fault or negligence. Finally, the
BAC shall also ascertain the sufficiency of the bid security as to type, amount, form and
wording, and validity period.
For goods, the financial requirements are validated to check the Net Financial Contracting
Capacity (NFCC) in the amount specified over the period stipulated in the ITB. This is to
ensure that the bidder can sustain the operating cash flow of the transaction. The
BAC/TWG conducts a site inspection of the bidders place of business and may also test
samples for compliance with specifications and performance levels, where applicable.
For works, the financial requirements are validated to check the bidders stated net worth
and liquid assets, net working capital, the value of all outstanding or unfinished works
under ongoing contracts, and the bidders NFCC, as recalculated considering
developments in the bidders other projects, whenever applicable. This is done to ensure
that the bidder can sustain the operating cash flow of the contract. This process involves:
the examination of the Bill of Quantities, Detailed Estimates and Cash Flow; and the
Bureau of Internal Revenue (BIR) received audited financial statement.
If the TWG conducts the post-qualification, it prepares a Post-qualification Report to be
submitted to the BAC. The Report shall contain, among others, the activities undertaken
with regard to the post-qualification process, feedback from inquiries conducted, and the
results of any tests conducted by the TWG or an accredited government testing center,
where applicable. The BAC reviews the Post-qualification Report submitted by the TWG.
The BAC determines whether the bidder with the LCB passes all the criteria for postqualification. If the LCB passes the post-qualification, the BAC declares it as the Lowest
Calculated and Responsive Bid (LCRB).
After the BAC has determined the LCRB, the PT, with the assistance of the TWG, prepares
the BAC Resolution to Award (CBPM Form F-11) declaring the LCRB and the
corresponding Notice of Award (NOA) (CBPM Form F-12) to the said bidder informing it of
its successful post-qualification.
If the bidder with the LCB fails to pass post qualification, the BAC shall immediately notify
the said bidder in writing of its post-disqualification and the grounds for it.
75
Immediately after the BAC has notified the first bidder of its post-disqualification, and
notwithstanding any pending request for reconsideration, the BAC shall initiate and
complete the same post-qualification process on the bidder with the second LCB. If the
second bidder passes the post-qualification, and provided that the request for
reconsideration of the first bidder has been denied, the BAC shall declare the second
bidder as the bidder with the LCRB. The C/BSPMC shall then award the contract to it. If the
second bidder, however, fails the post-qualification, the procedure for post-qualification
shall be repeated for the bidder with the next LCB, and soon until the LCRB, is determined
for award.
If no bidder passes post-qualification, the BAC shall issue a Resolution declaring a failure
of bidding. The BAC shall then proceed with the procedures specified in the last paragraph
of Section 5.6.8.5.
The BAC shall issue a Resolution to Award (CBPM Form F-11) recommending to the
C/BSPMC Chairperson to award the contract to the bidder with the LCRB at its calculated
bid price. Prior to the expiration of the period of bid validity, the C/BSPMC Chairperson
should notify the successful bidder in writing that its bid has been accepted, through a NOA
(CBPM Form F-12).
The PT consolidates all the documents and/or records of the proceedings of the BAC with
regard to the procurement at hand, and attaches the same to the BAC Resolution. The PT
drafts the BAC Resolution to Award. The BAC signs the Resolution to Award, and transmits
the same to the C/BSPMC Chairperson for approval.
76
i.
ii.
1. The bidder with the LCRB posts a performance security. In so doing, it must
comply with the following conditions:
The performance security must be executed in the form prescribed by the
community in the IB; and
The performance security must at least be co-terminus with the period of
completion of the contract.
2. The community accepts the performance security and indicates such posting
and acceptance by attaching the appropriate form to the contract.
77
Forms and
Security
Corresponding
Amounts
of
Performance
The performance security shall be in any of the following forms, with the
corresponding required amount:
FORM OF PERFORMANCE SECURITY
a.
Cash, cashiers check/managers check; or
b. Bank guarantee confirmed by a reputable local bank;
or
MINIMUM AMOUNT
5% of Contract Price
10% of Contract Price
All checks and bank guarantees for performance security shall be issued in favor
of the C/BSPMC. Cash and checks shall be deposited in the C/BSPMC Account.
The winning bidder must choose which among the preferred forms it shall submit.
Practical Tip
A deficient performance security should be rejected outright by the community regardless
of the amount of its deficiency. The community should not accept the performance security
furnished by the winning bidder if it is deficient as to the minimum amount prescribed
above, even if the deficiency is minimal and insignificant.
78
receipt of the NTP. If an effectivity date is provided in the NTP, such date shall not
be later than seven (7) calendar days from issuance thereof.
79
80
Hiring of Service Providers will be facilitated by the RPMO following the procedures in the
NCDDP Program Procurement Guidelines. Funding and payment shall be made in accordance
with the KC-NCDDP FMS sub-manual.
A separate guidelines for TAF will be prepared as annex of this manual. The guidelines will
cover the use of TAF in disaster affected areas.
A short list of eligible service providers for qualification selection (for firms to
be eligible, they must meet the qualification requirements stated in the TOR);
Request for Proposal Forms;
Consultancy Agreement/Contract;
Abstract of Technical/Financial Proposals;
Terms of Reference, as approved
ii.
iii.
iv.
When there are more than three (3) applicant service providers, a short list of
at least three (3) candidates (for individuals to be qualified, they must meet
the requirements stated in the TOR); in case, there is less than three (3)
qualified candidates, evaluation may still proceed with the BAC resolution that
there is limited service providers in the area
Curriculum Vitae/Resume Forms;
Consultancy Agreement;
Terms of Reference, as approved
81
The AHPT, AHBAC, Lead Barangay and Technical Working Group (TWG) shall meet to
discuss the procurement at hand and to ensure that all requirements are in order. During the
procurement preparation meeting, the firms/individuals in the short list of eligible service
providers/qualified candidates shall be invited and oriented on the objectives of the project
and the terms of reference, the number of barangays to be covered, types of sub-projects
requiring technical assistance, contract management and payment arrangements. The
conference shall also cover the following in the agenda:
i.
ii.
iii.
iv.
v.
In the same meeting, the BAC will review and approve the proposal forms and contents of
the Notice of Request for Proposals (NRFP) and the Chairperson will sign the form for
posting. The AHPT will prepare the minutes of the procurement preparation meeting and the
Lead Barangay will keep a copy of all the documents. The procurement preparation meeting
shall continue even if there is only one consulting firm/individual attending or signifying
interest to submit a proposal.
The AHBAC and the TWG shall decide on the criteria for the selection of consulting firms
based on qualification selection and may assign the weights to be provided as follows:
i.
ii.
iii.
82
iii.
schedule;
and
83
iii.
The financial proposal should clearly estimate the value added tax, income tax, local taxes,
duties, fees, levies and other charges, as applicable.
The purpose of the evaluation of proposals is to determine the Highest Rated Proposal
(HRP) based on the conditions set forth in the RFP. The proposal shall be subject to
validation of qualifications and experience requirements where the service provider is
determined as the Highest Rated and Responsive Proposal (HRRP). For single source
selection, the proposal of the firm shall also be validated.
The AHBAC with the assistance of the TWG shall first open the technical proposals of the
service provider and ranks the firm according to: its experience; the experience of individual
personnel to be assigned to the project; and approach or work plan. The firm with the most
appropriate qualifications that meet the requirements of the TOR shall be selected. They
shall be invited for negotiations based on the estimated cost of the project and the submitted
financial proposal. When an agreement is reached, the contract shall be awarded to the firm
but when negotiations fail, the AHBAC shall start negotiations with the next ranked firm until
an agreement is reached. For single source selection, the AHBAC shall still negotiate with
the firm based on the submitted requirements and estimated contract cost until an
agreement is reached.
Individual consultants do not need to submit technical or financial proposals.
However, they need to submit their curriculum vitae highlighting the relevant work
experience required for the project. The AHBAC, with the assistance of the TWG shall select
among the shortlisted consultants, the most qualified based on the TOR. They shall be
invited for negotiations based on the estimated cost of the project and when an agreement
is reached, the contract shall be awarded to them. Where there is only one qualified
individual consultant, the contract shall be awarded to him/her based on the estimated
contract cost.
84
Upon receipt of the NOA, the AHBAC schedules the signing of the contract with the winning
consultant. The Chairperson of the Lead Barangay signs the contract (three copies) with the
winning consultant within five (5) calendar days from receipt of the NOA. The AHPT
forwards the contract together with the rest of the supporting documents for filing and
safekeeping. No performance bond shall be required for these types of consultancy
contracts.
Upon signing of the contract, the AHBAC shall issue the Notice to Proceed (NTP) together
with a copy or copies of the approved contract to the successful consultant within three (3)
calendar days from the date of signing. Unless otherwise specified in the contract, a
contract is effective upon receipt of the NTP. If an effectivity date is provided in the NTP,
such date shall not be later than seven (7) calendar days from issuance thereof.
The PT shall furnish copies of the signed contract to the Municipal Auditor and the RPMO.
Table 9 provides a summary of all procedures for the procurement of consulting services
through Qualification/Single Source and Individual Consultant Selection and explains the
functions of different personnel involved.
85
Table 2. Matrix of Procedures for Community Shopping for Goods with Functions of Various
Procurement Personnel
Procedures
Time Frame
SUPPLIER
PT
BAC
C/BSPMC
1 cd
Review items to be
procured
Review items
to be procured
1 cd
Prepare quotation
documents
Review
quotation s forms
Review quotation
forms
3.Conduct of
Procurement
Preparation
Meeting
1cd
Discuss procurement
at hand
Prepare minutes
Discuss
procurement at
hand
Discuss
procurement at
hand
4. Posting of Notice of
Request for Quotation
5. Issuance of Request
for Quotation Form
Once for a
minimum of 3
cd
2c d
6. Submission and
Receipt of Quotations
3cd
7. Opening and
Evaluation of
Quotations
1c d
TWG
Discuss
procurement
at hand
ACT
RPMO/NPMO/
ADB/WB
Posts NRQ
Issues quotation
forms
Prepares
quotation
and submits
the
same to the
BAC
CEF to accompany
PT members
Assists the
BAC in the
evaluation of
quotations
TF provide
technical assistance
Opens quotations
and checks
responsiveness of
quotation
86
Procedures
Time Frame
8. Prior Review of
Contract
9. Contract Award
10. Contract
Implementation
As specified in
the PO
SUPPLIER
PT
BAC
Signs the Abstract
of Quotation
Signs the PO
Delivers
goods as
provided in
PO.
C/BSPMC
C/BSPMC
Chair
Requests for
Clearance to
Award
TWG
ACT
RPMO/NPMO/
ADB/WB
Reviews contract
documents and
issues NOL
Signs the PO
87
Table 3. Matrix of Procedures for Community Shopping for Works with Functions of Various
Procurement Personnel
Procedures
1. Identify items for Community
Shopping from approved CPP
2.Prepare Notice of Request for
Quotation
(NRFQ)
3.Conduct of Procurement
Preparation
Meeting
Time
Frame
1 cd
1 cd
2cd
Once for a
minimum of
3cd
1cd
At least 5
days before
the deadline
of
submission
of quotations
SUPPLIER
PT
BAC
C/BSPMC
TWG
Review items
to be procured
Review IFQ
documents
and forms
Discuss
procurement
at hand
Sign NRQ for
posting
Review items
to be procured
Review IFQ
documents and
forms
Discuss
procurement at
hand
Discuss
procurement
at hand
Discuss
procurement at
hand
Prepare minutes
ACT
RPMO/NPMO/A
D B/WB
Posts NRQ
Issues RFQ
forms
CEF to
accompany PT
members
88
Procedures
At least 3
days before
the deadline
of
submission
of quotations
Time
Frame
3cd
Not more
than 2 days
Not more
than 5 days
upon
receipt of
NOL
documents
Attends
conference
SUPPLIER
Prepares
quotation and
submits the
same to the
BAC
Prepares
required
documents and
minutes
Attends
conference
Invites
Project
Implementati
on Team
(PIT),
Municipal
Implementati
on Team
(MIT),
Municipal
Engineer, TF
and
contractors
Attends
conference
Chairperson
issues
Certificate of
Site
Inspection to
participating
contractors
PT
BAC
C/BSPMC
Receives the
sealed
quotations on or
before the
deadline
Receives all
quotations
Prepares
minutes of
quotation
evaluation
Prepares
Abstract of
quotations
Invites TWG
and PIT Head
to assist in
quotation
evaluation
Opens
quotations
and checks
responsivene
ss of
quotation
TF to attend
conference
and
provide
technical
assistance
TWG
Assists the
BAC in the
evaluation of
quotations
C/BSPMC
Chair
Requests for
Clearance to
Award
ACT
RPMO/NPMO/A
D B/WB
TF provide
technical
assistance
Reviews contract
documents and
issues NOL
89
1cd
Signs the
contract Posts
the required
performance
security
As specified
in the
contract
Mobilizes and
starts work as
provided in
contract May
request for
advance
payment
Prepares and
delivers the
contract
Provides LGU
COA and RPMO
with copies of PO
and supporting
documents
Compiles copies
of all documents
for consolidation
with
other project
related
documents
Signs the
contract
Approves and
signs the
contract
Table 4. Matrix of Procedures for Community Direct Contracting for Goods with Functions of Various
Procurement Personnel
Procedures
Time
Frame
SUPPLIER
PT
BAC
1 cd
Review items to
be procured
1 cd
Prepare documents
Review forms
3.Conduct of Procurement
Preparation
Meeting
1cd
Discuss
procurement at
hand
Prepare minutes
Discuss
procurement at
hand
Sign NRQ for
posting
C/BSPMC
TWG
ACT
RPMO/NPMO
/AD B/WB
Review
items
to be
procured
Review
forms
Discuss
procuremen
t at hand
Discuss
procurement
at hand
90
Procedures
8. Prior Review of Contract
9. Contract Award
Once for a
minimum of
3cd
2cd
3cd
Posts NRQ
Prepares
quotation
and submits
the
same to the
BAC
1cd
Time
Frame
SUPPLIER
Issues quotation
forms
Receives the sealed
quotations on or
before the deadline
Receives all
quotation Prepares
minutes of quotation
evaluation
Prepares Abstract of
Quotation
PT
BAC
Not more
than 30 days
1cd
As specified
in the PO
CEF to accompany
PT members
Signs the PO
Prepares and
delivers the PO
Provides LGU COA
and RPMO with
copies of PO and
supporting
documents
Delivers
goods as
provided in
contract
Compiles copies of
all documents for
consolidation with
other project related
documents
C/BSPMC
C/BSPMC
Chair
Requests
for
Clearance
to
Award
Signs the
PO
Approves
and
signs the
PO
Assists the
BAC in the
evaluation of
quotations
TF provide
technical assistance
TWG
ACT
RPMO/NPMO
/AD B/WB
Reviews
contract
documents and
issues NOL
MIT and
TWG
inspects
and
receives
91
goods and
signs PO
and delivery
receipt
Table 5. Matrix of Procedures for Community Direct Contracting for Works with Functions of Various
Procurement Personnel
Procedures
Time Frame
SUPPLIER
PT
BAC
1 cd
Review items
to be procured
Review items
to be procured
1 cd
Prepare
documents
Discuss
procurement at
hand
Prepare minutes
Review forms
Review forms
Discuss
procurement at
hand
Sign NRQ for
posting
Discuss
procurement at
hand
1cd
Once for a
minimum of 3 c
d
1cd
C/BSPMC
TWG
Discuss
procureme
nt at hand
ACT
RPMO/NP
MO/ADB/
WB
Posts NRQ
Issues quotation
forms
Issues a
Certificate of
Site
Inspection as may
be applicable
CEF to accompany PT
members
92
Within 5 days
after issuance
of IFQ
1cd
Procedures
9. Contract Award
Time Frame
Procurement
action not more
than 5
days upon
receipt of NOL
Documents
1cd
As specified in
the contract
Prepares
quotation and
submits the
same to the
BAC
Receives the
sealed quotations
on or before the
deadline
Receives all
quotation
Prepares
minutes of
quotation
evaluation
Prepares
Abstract of
Quotation
SUPPLIER
PT
Invites TWG
and PIT Head
to assist in
quotation
evaluation
Opens
quotations and
checks
responsivenes
s of canvass
BAC
Assists the
BAC in the
evaluation
of
quotations
C/BSPMC
C/BSPMC
Chair
Requests for
Clearance to
Award
Signs the
contract and
posts required
performance
security
Prepares and
delivers the PO
Provides LGU
COA and RPMO
with copies of PO
and supporting
documents
Signs the PO
Approves and
signs the PO
Mobilizes and
starts work as
provided in
contract May
request for
advance
payment
Compiles copies
of all documents
for consolidation
with
other project
related
documents
TWG
TF provide technical
assistance
ACT
RPMO/NP
MO/ADB/
WB
Reviews
contract
documents
and issues
NOL
93
Table 6. Matrix of Procedures for Pakyaw Contracts for Works with Functions of Various Procurement
Personnel
Procedures
Time
Frame
PAKYAW GROUP
PT
BAC
1. Organization of Pakyaw
Groups
1 cd
1 cd
Attend meeting
Review items
Prepare minutes
Call for
meeting to
discuss scope
of work and
technical specs
C/BSPMC
CEF/PIT/MIT
C/BSPMC to hire/
appoint PS
PS to assist
organize
community labor
into
Pakyaw groups
Review items
CEF to enlist
available labor in
the community
Review forms
Discuss work
requirements and
assignments,
timetables,
contract cost,
payment
arrangements
TF/ME
Assist the
PT
Discuss
the
technical
aspect of
the
subproject
94
4.Contract Award
1cd
5. Contract Implementation
As specified
in the
contract
GL sign contract
Prepare contract
Compiles copies of
all documents for
consolidation with
other project related
documents
Sign contract
PIT, MIT to inspect
and regularly
monitor works
executions
Conduct
regular
inspection
Table 7. Matrix of Procedures for Community Bidding for Goods with Functions of Various Procurement
Personnel
Procedures
PT
BAC
C/BSPMC
Prepare bidding
documents
Review bidding
documents
Review
and
validate items
to be procured
Review bidding
documents
Discuss
procurement at
hand
1 cd
3.Conduct of Procurement
Preparation
Meeting
1cd
Discuss
procurement at
hand
Prepare minutes
Discuss procurement at
hand
Sign IB for posting
2cd
Once for a
Posts Invitation to
Bid
Approves issuance of IB
4. Posting/advertisement
of Invitation to Bid
TWG
ACT
RPMO/NP
MO/ADB/W
B
95
5. Issuance of Bidding
Documents
6. Conduct of Pre-Bid
Conference
7. Preparation,
Submission and Receipt
of
Bids
Procedures
8. Issuance of
Supplemental/Bid
Bulletins
9. Eligibility and Bid
Opening and Evaluation
minimum
period of 7 c
d
2 weeks from
date of
posting of IB
1cd
At least 7
days before
deadline for
bid
submission
As prescribed
in the bidding
documents
Issues bidding
documents
Approves issuance of
bidding documents
Attends
prebid
conference
Prepares required
documents,
minutes and
supplemental bid
bulletins where
applicable
Attends prebid
conference Invites
Project Implementation
Team (PIT), Municipal
Implementation Team
(MIT), Municipal
Engineer, TF and bidders
Attends pre-bid
conference
Chairperson
issues
Certificate of Site
Inspection to
participating
bidders
Prepares
technical and
financial
proposal and
submits the
same to the
BAC
Receives the
sealed bids on or
before the
deadline
PT
BAC
C/BSPMC
Posts
Supplemental/Bid
Bulletin
Prepares
barangay hall for
bid opening Places
received bids in
bid box
Issues
Supplemental/
Bid Bulletin
Invites
Observers to witness bid
opening
Within 2 days
after pre-bid
conference
Not more
than 5 c d
Submits
request for
clarification
Prepares minutes
of bid evaluation
Prepares Abstract
of Bids
10. Post-qualification
2cd
TF to provide
technical assistance
TWG
ACT
RPMO/NP
MO/ADB/W
B
TF to provide
technical assistance
Assists the
BAC in the
evaluation of
bids and
requirements
TF to attend
prebid conference
and provide
technical
assistance
Signs the
Resolution and
Notice to
Award
TF to attend bid
opening and
provide technical
assistance
Assists the
BAC in the
conduct of
postqualification
96
Maximum of
10c d
Signs the
contract
Posts the
required
Performanc
e
Security
As provided
in the contract
Delivers
goods as
provided in
contract
13. Contract
Implementation
C/BSPMC
Chair
Requests for
Clearance to
Award
Signs the NOA
and contract
Approves and
signs the
contract
Prepares contract
documents and
Notice of Award
Delivers the NOA
Provides LGU
COA and RPMO
with
copies of contract
and supporting
documents
Compiles copies of
all documents for
consolidation with
other project
related documents
Issues NOL
Assists the
BAC in the
preparation
of resolution
and notice to
award
Reviews
contract
documents
and issues
NOL
MIT, Municipal
Engineer, TF
Monitors delivery of
goods
Conducts regular
visit of project site
Table 8. Matrix of Procedures for Community Bidding for Works with Functions of Various Procurement
Personnel
Procedures
Time Frame
1 cd
2.Prepare/revise bidding
documents
3.Conduct of
Procurement
Preparation
Meeting
1cd
CONTRAC
TOR
PT
BAC
C/BSPMC
Review
and
validate items to
be procured
Prepare bidding
documents
Review bidding
documents
Review and
validate items
to
be
procured
Review bidding
documents
Discuss
procurement at
hand
Prepare minutes
Discuss
procurement at
hand
Sign IB for posting
Discuss
procurement at
hand
TWG
Discuss procurement
at hand
ACT
RPMO/NP
MO/ADB/
WB
CEF and TF
assists in the
review
CEF calls for
the meeting
TF provides
technical
assistance
and acts as
resource
97
person
4.
Posting/advertisement
of Invitation to Bid
2cd
Once for a minimum
period of 7 c d
5. Issuance of Bidding
Documents
6. Conduct of Pre-Bid
Conference
1cd
At least 7 days before
deadline for bid
submission
Procedures
Time Frame
Attends
prebid
conference
CONTRACT
OR
Posts Invitation to
Bid
Approves issuance
of IB
CEF ensures
wide circulation
of ITB
Issues bidding
documents to
eligible bidders
Approves issuance
of
bidding documents
TF to provide
technical
assistance
Prepare required
documents, minutes
and supplemental
bid bulletins where
applicable
Attends prebid
conference Invites
Project
Implementation
Team (PIT),
Municipal
Implementation
Team (MIT),
Municipal
Engineer, TF and
bidders
PT
BAC
7. Preparation,
Submission and Receipt
of
Bids
As prescribed in the
bidding documents
Prepares
technical and
financial
proposal and
submits the
same to the
BAC
Receives the
sealed bids on or
before the deadline
8. Issuance of
Supplemental/Bid
Bulletins
Submits
request for
clarification
Posts
Supplemental/Bid
Bulletin
Issues
Supplemental/
Bid Bulletin
Attends pre-bid
conference
Chairperson
issues
Certificate of
Site Inspection
to participating
bidders
C/BSPMC
TF to attend
pre-bid
conference
and provide
technical
assistance
TWG
ACT
RPMO/NP
MO/AD
B/WB
TF to provide
technical
assistance
98
10. Post-qualification
Procedures
Prepares barangay
hall for bid opening
Places received
bids in bid box
Prepares minutes
of bid evaluation
Prepares Abstract
of Bids
2cd
Invites
Observers to
witness bid
opening Opens
bid proposal and
checks
compliance with
requirements
according to
procedures
Examines bids
using pass/fail
criteria
Conducts
verification and
validation of
submitted legal,
technical and
financial bidding
documents
Time Frame
Signs the
Resolution and
Notice to
Award
TF to attend
bid
opening
and
provide
technical
assistance
C/BSPMC
Chair
Requests for
Clearance to
Award
CONTRACT
OR
PT
BAC
C/BSPMC
TWG
ACT
RPMO/NP
MO/AD
B/WB
12 Procurement actions such as comments, observation, recommendations for compliance or NOL shall be issued within the timeline/period of action
99
13. Contract
Implementation
Maximum of 10 c d
As provided in the
contract
C/BSPMC
Chair
Requests for
Clearance to
Award
Signs the
contract Posts
the required
Performance
Security
Prepares contract
documents and
Notice of Award
Delivers the NOA
Provides
LGU
COA and RPMO
with
copies of contract
and supporting
documents
Compiles copies of
all documents for
consolidation with
other project related
documents
Assists the
BAC in the
Preparation of
resolution
and notice to award
Reviews
contract
documents
and issues
NOL
13 Procurement actions such as comments, observation, recommendations for compliance or NOL shall be issued within the timeline/period of action
100
Time
Frame
5cd
3 cd
1cd
At least 3 cd
Within 3
days from
posting of
NRFP
At least 3
days after
issuance of
RFP
CONSULTAN
T
AHPT
AHBAC
LEAD
BARANGAY
TWG
TAF eligible
communities to
submit request
to
RPMO/SRPMO
to use TAF for
consulting
services
Lead Barangay
to be elected
as contracting
party and open
community
account
Attend
conference
Prepare
procurement
documents
Discuss
procurement at
hand
Prepare minutes
Posts NRFP
Secures RFP
and prepares
requirements
Issues RFP to
shortlisted firms
and individuals
Submits all
requirements
Receives
proposals
Discuss
procurement
at hand
Review and
approve
documents
Discuss
procurement at
hand
Sign NRFP for
posting
Discuss
procurement
at hand
ACT
RPMO/NPMO
TF to assist in
the preparation
of the TOR
AC to certify to
that agreement
to
hire consultants
followed CEAC
process
RPMO/SRPMO
to
review and
approve request
and create TWG
Assist in the
preparation of
the documents
CEF calls for
the meeting
TF provides
technical
assistance
Authorizes
posting of
NRFP
TF to provide
technical
assistance
Reviews and
evaluates
proposals
Invites Auditor,
AC
Assist in the
review and
evaluation of
proposals
TF to attend
provide
support and
technical
assistance
101
Procedures
7. Prior Review /NOL
8. Contract Award
Time
Frame
CONSULTAN
T
As
determined
by RPMO
and NPMO
Maximum of
10 c d
Signs the
contract
As provided
in the
contract
AHPT
AHBAC
LEAD
BARANGAY
TWG
ACT
Requests for
Clearance to
Award
Prepares contract
documents and
Notice of Award
Delivers the NOA
Provides
LGU
COA and RPMO
with
copies of contract
and supporting
documents
Compiles copies
of all documents
for consolidation
with
other project
related
documents
RPMO/NPMO
Reviews
documents and
issues NOL
Assists the
AH BAC in
the
Preparation
of resolution
and notice to
award
Municipal
Auditor, TF
monitors
accomplishment
of work and
conducts
regular review
of outputs
102
These contract implementation procedures shall apply to all procurements for goods and
services through Community Bidding, Community Shopping and Community Direct
Contracting. Contract implementation commences when the winning supplier delivers the
procured goods in accordance with the provisions of the contract, technical specifications
and other requirements on the scheduled delivery date. The following are involved in
contract implementation for goods:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
6.1. Warranty
For KC-NCDDP procured goods, a warranty is required for equipment (office, transport,
production, post production, processing and storage), water pumps, machinery, motors and
other similar items. Non-consumable items such as office supplies, construction materials,
agricultural or aqua-cultural inputs, seedlings and trees and hand tools, among others need
not be covered by warranty. Wear and tear due to normal usage of the goods are
excluded from the coverage of the warranty.
The Supplier shall submit a Warranty Certificate that the Goods supplied under the
Contract are new, unused, of the most recent or current models, and that they incorporate all
recent improvements in design and materials, except when the technical specifications
required by the C/BSPMC provides otherwise. The Supplier shall further specify in the
Warranty Certificate that all Goods supplied under this Contract shall have no defect, arising
from design, materials, or workmanship or from any act or omission of the Supplier that may
develop under normal use of the supplied goods.
In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty
shall be required from the Supplier either as retention money in an amount equivalent to
at least ten percent (10%) of the final payment, or a special bank guarantee equivalent to
at least ten percent (10%) of the Contract Price. The said amount shall only be released
after the lapse of the warranty period; provided, however, that the goods delivered are free
from patent and latent defects and all the conditions imposed under this Contract have been
fully met.
The C/BSPMC shall promptly notify the Supplier in writing of any claims arising under the
warranty. Upon receipt of such notice, the Supplier should, within the period specified in the
contract and with all reasonable speed, repair or replace the defective goods or parts
thereof, within 15 days, without additional costs to the C/BSPMC. In case the supplier does
not act upon its notice, the C/BSPMC shall select the appropriate sanction from among the
following options: (a) require the supplier to return the amount paid; (b) confiscate its
retention money or warranty security, where applicable, (c) automatically blacklist the
supplier in all KC-NCDDP procurements.
The PIT determines the existence of a force majeure or fortuitous event that will be
the basis for the issuance of a suspension order.
Based upon the findings and recommendation of the PIT, the C/BSPMC Chairperson
issues a written order suspending the order or work, wholly or partly, for a certain
period of time.
Prior to the expiration of the suspension order, the PIT determines whether or not the
grounds for suspension are still existent. If such grounds continue to exist, or if it is
no longer practicable to complete the delivery or continue with the work, it shall
cancel the delivery of the items subject of the suspension order, or terminate the
work subject of the order, by written notice. If, however, the grounds for suspension
no longer exist, and completion of delivery or continuation of the work may already
be done, the PIT, with the approval of the C/BSPMC Chairperson shall lift the
suspension order by written notice, thereby instructing the supplier to proceed with
the delivery or work in accordance with the amended contract.
The supplier submits a written request to the PIT for an extension of the delivery
or performance period, citing the reason/s for such delay.
ii.
The C/BSPMC either approves or disapproves the request for extension.
iii.
If the extension is granted, the liquidated damages may or may not be imposed
and the supplier is informed of this in writing. The supplier is then asked to extend
the validity of the performance bond, to conform to the extended period.
iv.
If, however, the request for extension is denied, the PIT informs the supplier in
writing of such denial, and ensures that the said notice or communication is
received by the latter within a reasonable time from receipt of the request for
extension. In this case, the C/BSPMC imposes the liquidated damages in
accordance with the provisions of the contract.
v.
If the supplier incurs delay and it does not request for an extension:
a. The C/BSPMC informs, within a reasonable time from the first day of delay, the supplier that
it shall impose the liquidated damages agreed upon by the parties.
b. Upon delivery, the C/BSPMC and the MIT records the delay in the inspection documents,
noting the amount of the liquidated damages imposable on the supplier.
c. Upon payment, the amount of liquidated damages due is deducted from the total amount
payable to the supplier, and the same shall be reflected in the DVs. Or, if the contract
provides that the liquidated damages is to be collected from securities or warranties posted
by the supplier, the C/BSPMC informs the Area Coordinator (AC) to call on the securities or
warranties about the delay and the corresponding liquidated damages imposable.
Such spare parts as the C/BSPMC may elect to purchase from the supplier, provided
that this election shall not relieve the supplier of any warranty obligations under the
contract;
Such spare parts that the C/BSPMC may be able to purchase from other
suppliers/manufacturers but are compatible with the goods procured; and
In the event of termination of production of the spare parts:
a. Advance notification to the C/BSPMC of the pending termination, in sufficient
time to permit the C/BSPMC to procure needed requirements; and
b. Following such termination, furnishing at no cost to the C/BSPMC the blueprints,
drawings, and specifications of the spare parts, if requested.
The supplier may likewise be required to issue a certification that spare parts, particularly
those that are product-specific, shall continue to be manufactured by them within a period of
time, e.g., five (5) years, after the bidding date. The above information shall be included in
the Technical Bid.
The C/BSPMC may include the delivery of a limited supply of fast-moving and/or hard-to-find
spare parts in the technical specifications when procuring heavy equipment or machinery.
This is to ensure the continued use or operation of the equipment.
6.6. Prices
The contract price must not vary from the price quoted by the supplier in its bid. This is
based on the rule that the contract, as awarded, should not differ in any material aspect from
the terms stipulated in the bidding documents, considering that these terms were the basis
for the comparison of bids. Otherwise, the purpose of the Community Bidding process would
have been defeated.
For KC-NCDDP funded sub-projects, no price escalation is allowed.
6.7. Payments
The method and conditions of payment must be specified in the contract in accordance with
the provisions of the Community based Finance Manual.
6.9. Standards
The goods supplied under the contract must conform to the standards mentioned in the
technical specifications, which must be compliant to applicable Philippine national
standards. If there is no Philippine national standard applicable, the goods must conform to
the authoritative standards appropriate to the goods country of origin. Such standards must
be the latest issued by the concerned institution.
in any testing laboratory accredited by the DTI. The supplier must provide the C/BSPMC
with a report of the results of any such test and/or inspection. These results will be
conclusive of the quality of the items and not subject to further dispute between the parties.
The C/BSPMC may reject any goods or any part thereof that fail to pass any test and/or
inspection or do not conform to the specifications. The supplier shall either rectify or replace
such rejected goods or parts thereof or make alterations necessary to meet the
specifications at no cost to the C/BSPMC, and shall repeat the test and/or inspection, at no
cost to the C/BSPMC, upon giving a notice pursuant to the contract.
The supplier shall agree in the contract that neither the execution of a test and/or inspection
of the goods or any part thereof, nor the attendance by the C/BSPMC or its representative,
shall release the supplier from any warranties or other obligations under the contract.
6.12.
Contract Termination
There being no force majeure, the supplier fails to deliver any or all of the goods within the
period(s) specified in the contract, or within any extension granted by the C/BSPMC
pursuant to a request made by the supplier prior to the delay, and such failure amounts to at
least ten percent (10%) of the contract price;
ii. As a result of force majeure, the supplier is unable to deliver or perform any or all of the
goods or services, amounting to at least ten percent (10%) of the contract price, for a period
of not less than sixty (60) calendar days after the receipt of the notice from the C/BSPMC
stating that the circumstance of force majeure is deemed to have ceased;
Termination of a contract for defaults without prejudice to other remedies
available to the C/BSPMC for breach of contract, such as payment of
liquidated and other damages, if there are grounds for the latter. If the
contract is not wholly terminated, the supplier shall continue to deliver the
remaining goods or to perform the remaining services contracted.
iii. The supplier fails to perform any other obligation(s) under the contract; or
iv. The supplier, in the judgment of the C/BSPMC, has engaged incorrupt, fraudulent, collusive
or coercive practices in competing for or in executing the contract.
If the C/BSPMC terminates the contract in whole or in part, due to default, it may procure
from third parties, through the appropriate alternative method of procurement, goods or
services similar to those undelivered. The supplier that defaulted will be liable to the
C/BSPMC any excess costs for such similar goods or services.
If physical and economic conditions have significantly changed so as to render the project
no longer economically, financially or technically feasible, as determined by the C/BSPMC
Chairperson;
ii. The C/BSPMC Chairperson has determined the existence of conditions that make project
implementation impractical and/or unnecessary, such as, but not limited to, fortuitous
event/s, changes in laws and government policies;
iii. Funding for the project has been withheld or reduced by higher authorities through no fault of
the C/BSPMC; or
iv. Any circumstance analogous to the foregoing.
The goods that are complete and ready for shipment within thirty (30) days after the
suppliers receipt of notice of termination shall be accepted by the C/BSPMC at the
contract terms and prices. For the remaining goods, the C/BSPMC may elect:
i. To have any portion completed and delivered at the contract terms and prices; and/or
ii. To cancel the remainder and pay to the supplier an agreed amount for partially completed
goods and services and for materials and parts previously procured by the supplier.
If the Supplier suffers loss in its initial performance of the terminated contract, such as
purchase of raw materials for goods specially manufactured for the C/BSPMC which
cannot be sold in the open market, it shall be allowed to recover partially from the
contract, on a quantum merit basis. The fact of loss must be established before recovery
may be made.
ii.
a.
b.
c.
d.
iii.
iv.
v.
vi.
vii.
Upon receipt of a written report of acts or causes which may constitute ground(s) for
termination, or upon its own initiative, the Project Implementation Team (PIT) shall, within a
period of seven (7) calendar days, verify the existence of such ground(s) and cause the
execution of a Verified Report, with all relevant evidence attached;
Upon recommendation by the PIT, the C/BSPMC Chairman shall terminate this Contract only
by a written notice to the Supplier conveying the termination of this Contract. The notice
shall state:
that this Contract is being terminated for any of the ground(s) aforementioned, and a
statement of the acts that constitute the ground(s) constituting the same;
the extent of termination, whether in whole or in part;
an instruction to the Supplier to show cause as to why this Contract should not be
terminated, and;
Special instructions of the C/BSPMC, if any.
The Notice to Terminate shall be accompanied by a copy of the Verified Report;
Within a period of seven (7) calendar days from receipt of the Notice of Termination, the
Supplier shall submit to the C/BSPMC Chairman a verified position paper stating why this
Contract should not be terminated. If the Supplier fails to show cause after the lapse of the
seven (7) day period, either by inaction or by default, the C/BSPMC Chairman shall issue an
order terminating this Contract;
The C/BSPMC may, at any time before receipt of the Suppliers verified position paper
described in item (d) above withdraw the Notice to Terminate if it is determined that certain
items or works subject of the notice had been completed, delivered, or performed before the
Suppliers receipt of the notice;
Within a non-extendible period of ten (10) calendar days from receipt of the verified position
paper, the C/BSPMC Chairman shall decide whether or not to terminate this Contract. It
shall serve a written notice to the Supplier of its decision and, unless otherwise provided,
this Contract is deemed terminated from receipt of the Supplier of the notice of decision.
The termination shall only be based on the ground(s) stated in the Notice to Terminate;
The Supplier must serve a written notice to the C/BSPMC of its intention to terminate the
contract at least thirty (30) calendar days before its intended termination. The Contract is
deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such
notice by the C/BSPMC.
6.13. Blacklisting
The KC-NCDDP reserves the right to blacklist suppliers/contractors with previous or current
issues during his/her participation in the KALAHI-CIDSS implementation as determined by
the project that is/are not in accordance with the principles and process of the Program. This
include the act of harassment14 to Community Volunteers, Project Staff (ACT, RPMO,
NPMO), and other Project stakeholders; misrepresentation or using another
supplier/contractor business permit/license; unsatisfactory performance due to unjustified
slippage of 15% and above, breach of contract and others as deemed necessary by the
Project. The blacklisted suppliers shall be recommended to the Government Procurement
Policy Board - Technical Support Office (GPPB-TSO) or to appropriate government agency
for any sanctions applicable. Blacklisted contactors shall be referred to the Philippine
Contractors Accreditation Board (PCAB) for license suspension/revocation.
14 Coersive, threats, misdemeanor, unlawful demands and any violative actions in violation of the Program
principles and process.
These contract implementation procedures shall apply to all procurements for infrastructure
and civil works projects through Community Bidding, Community Shopping and Community
Direct Contracting. Contract implementation commences when the winning contractor
mobilizes its laborers, equipment and materials on the project site in accordance with the
provisions of the contract, technical specifications and other requirements. The following are
involved in contract implementation for works:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
7.1. Subcontracting
where these materials are being manufactured, fabricated, and/or prepared. If the materials
are being manufactured, fabricated or prepared in workshops or places other than those of
the contractor, the contractor must obtain permission for the Project Supervisor to carry out
inspection and testing in those workshops or places. Such inspection or testing will not
release the contractor from any obligation under the contract.
If, at the time and place agreed above, the materials or plant are not ready for inspection or
testing, the Project Supervisor may reject these materials or the plant and must notify the
contractor of such rejection immediately. He/she must also do so if, as a result of the
inspection or testing, he/she determines that the materials or plant are defective or
otherwise not in accordance with the contract. The notice must state the Project
Supervisors objection and the reasons for the objection. The contractor, for its part, must
then promptly make good the defector ensures that rejected materials or plant comply with
the contract. If the Project Supervisor so requests, the test of rejected materials or plant
shall be made or repeated under the same terms and conditions.
The Project Supervisor will, after consultation with the contractor, determine all the costs
incurred in the repetition of the test or tests. These costs are recoverable from the contractor
by the C/BSPMC and may be deducted from any monies due to the contractor. The Project
Supervisor must notify the contractor accordingly, with a copy being furnished the
C/BSPMC.
To help ensure the quality of materials being used in infrastructure projects, the Bureau of
Research and Standards (BRS) of the DPWH, the DOST or the DTI shall accredit the testing
laboratories that can be used in C/BSPMC works projects. All C/BSPMCs implementing
infrastructure projects must use only these laboratories. Only tests done by these
laboratories shall be recognized and accepted, except for the testing of new materials to be
undertaken through procedures approved by the DPWH Secretary.
7.4. Dayworks
If applicable, as indicated in the contract, the dayworks rates in the contractors bid shall be
used for small additional amounts of work, only when the Project Supervisor has given
written instructions in advance for additional work to be paid for in that way.
All works to be paid for as day works shall be recorded by the contractor on forms approved
by the Project Supervisor. Each completed form shall be verified and signed by Project
Supervisor within two (2) days of the work being done. The contractor shall be paid for
dayworks subject to obtaining signed dayworks forms.
This measurement will be the basis for the payment that will be made to the contractor in
accordance with the Statement of Work Accomplished. The Project Supervisor must, when
he/she needs to measure any part of the works, give reasonable notice to the contractors
authorized agent, who must:
i.
ii.
Procedures for the measurement of work may also be found in the KC-NCDDP
Infrastructure Manual.
Employment of skilled and unskilled local labor shall include women, where applicable,
and shall receive equal compensation with men. 100% unskilled labor force shall come
from the barangay where the community project is located. The contractor shall also comply
with the rules on hours and conditions of work, general health regulations, and safety and
health precautions.
ii. Traffic regulations, including provision of adequate warning signs and traffic barriers.
iii. Environmental protection. The Contractor shall carefully plan and conduct his works in a
manner, which will minimize the negative impact on the environment. In particular, the
Contractor shall not interfere with or pollute in any way irrigation channels or watercourses.
Borrow pits shall only be worked at the location and in particular, the pits shall be left in a
condition that it is not a safety or a health hazard due to stagnant water collection.
During the execution of the works, the contractor must keep the site reasonably free from all
unnecessary obstruction. It must also store or dispose of any equipment and surplus
materials and clear away and remove from the site any wreckage, rubbish or temporary
works that are no longer required.
Upon the issuance of the Certificate of Acceptance, the contractor shall remove from that
part of the site to which the certificate relates all equipment, surplus material, rubbish and
temporary works of every kind. It must leave such part of the site and works clean and in a
workmanlike condition to the satisfaction of the Project Supervisor. However, it is entitled
to retain until the end of the defects liability period such materials, equipment and
temporary works he may need to fulfill his obligations in relation to the project.
Unless otherwise provided for in the contract, the contractor must turn-over to the C/BSPMC
all excess, used, unused and/or reusable materials paid for in the contract such as,
formworks, safety gadgets and devices, etc.
Introduction of new work items that are not included in the original contract; or
Reclassification of work items that are either due to change of plans, design or
alignment to suit actual field conditions resulting in disparity between the
preconstruction plans used for purposes of the bidding and the as staked plans or
construction drawings prepared after a joint survey by the contractor and the
C/BSPMC after award of the contract, or during actual construction.
A Variation Order may either be in the form of a Change Order or Extra Work Order.
A Change Order covers any increase/decrease in quantities of original work of items in the
contract. An Extra Work Order covers the introduction of new work necessary for the
completion/improvement or protection of the project which are not included as items of work
in the original contract. As an example, there may be subsurface or latent physical
conditions at the site that differ materially from those indicated in the contract. There might
also be duly unknown physical conditions at the site of an unusual nature that differ
materially from those ordinarily encountered and generally recognized as inherent in the
work or character provided for in the contract. The addition/deletion of works should be
within the general scope of the project as bid and awarded, and the deletion of the work
should not affect the integrity and usefulness of the structure.
The issuance of a Variation Order must conform to the following:
i.
ii.
iii.
That there will not be any short changes in the original design;
That it will not affect the structural integrity and usefulness of the structure; and
That it is within the approved sub-project fund.
In the event of any emergency where the execution of the work is urgent to avoid any
detriment to public service, or damage to life and/or property; and/or
When time is of the essence, for works in the critical path based on the approved
PERT/CPM;
However, the 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 fully approved does not exceed five
percent (5%) of the adjusted original contract price whichever is less. Furthermore,
immediately after the start of work, the corresponding Change Order or Extra Work Order
must 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 C/BSPMC Chairperson.
For a Change Order or Extra Work Order involving a cumulative amount exceeding
five percent (5%) of the original contract, no work may be commenced unless said
Change Order or Extra Work Order has been approved by the C/BSPMC Chairperson
on the recommendation of the TF or the Municipal Engineer and a clearance from the
RPMO.
Variation Orders may be issued by the C/BSPMC at any time during contract
implementation. However, the adjustment provided for in these orders must be necessary to
fully meet the requirements of the project.
The net cumulative amount of the Variation Order should not exceed more than ten percent
(+10%) of the original contract cost.
If the adjustments provided for in a Variation Order costs more than ten percent (10%) of the
original contract cost, these shall be the subjects of another contract to be bid out if the
works are separable (not part of the work to complete the original scope of work) from the
original contract. However, if these adjustments are urgently necessary to complete the
original scope of work, the C/BSPMC Chairperson, on the recommendation of the TF or the
Municipal Engineer, may authorize the Variation Order beyond ten percent (10%) but not
more than twenty percent (20%). Clearance from the RPMO is required prior to
commencement of any variation orders.
The payment to the contractor for additional work under Variation Orders must be derived
based on the following:
i.
For additional/extra works duly covered by Change Orders involving work items which are
exactly the same or similar to those in the original contract, the applicable unit prices of work
items in the original contract shall be used.
ii. For additional/extra works duly covered by Extra Works Orders involving new work items
that are not in the original contract, the unit prices will be based on the direct unit costs used
in the original contract (e.g., unit cost of cement, rebars, form lumber, labor rate, equipment
rental, etc.). All new components of the new work item shall be fixed prices, provided the
same is acceptable to both the C/BSPMC and the contractor. The direct unit costs of new
components must also be based on the contractors estimate as validated by the C/BSPMC.
The C/BSPMC must validate these prices through a documented canvass among three
eligible suppliers in accordance with existing rules and regulations. The direct cost of the
new work item must then be combined with the mark-up factor (i.e. taxes and profit) used by
the contractor in his bid to determine the unit price of the new work item.
The request for payment by the contractor for any extra work must be accompanied by a
statement, with the approved supporting forms, giving a detailed accounting and record of
amount for which he claims payment. This request for payment must be included in the
contractors statement for progress payment.
The following must be undertaken in issuing a Variation Order:
i.
ii.
a.
b.
c.
d.
iii.
iv.
v.
vi.
vii.
Within seven (7) calendar days after the contractor discovers that there is a need for
variation order, the said contractor must communicate the same to the C/BSPMC by giving it
notice of the findings. Afterwards, the contractor has twenty-eight (28) days to submit a full
documentation of the variation order. Failure to provide either of such notices in the time
stipulated shall constitute a waiver by the contractor for any claim.
If the TF or Municipal Engineer finds that a Change Order or Extra Work Order is justified,
he/she must prepare the proposed order, accompanied with the following:
Notices submitted by the contractor;
The plans to effect the adjustments;
The contractors 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 logbook 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 of Extra Work Order.
The TF or Municipal Engineer, upon receipt of the proposed Change Order or Extra Work
Order shall immediately conduct an on-the-spot investigation to verify the need for the work
to be prosecuted.
After being satisfied that such Change Order or Extra Work Order is justified and necessary,
the TF or Municipal Engineer shall review the estimated quantities and prices.
If, after review of the plans, quantities and estimated unit cost of the items of the work
involved, the TF or Municipal Engineer finds that the Change Order or Extra Work Order is in
order and covered by the Sub-project Funds, the same shall be approved.
The C/BSPMC shall notify the contractor to proceed with the work/delivery of items in
accordance with the amendment.
The contractor shall proceed with the work/delivery of items in accordance with the amended
contract.
a.
b.
c.
d.
i.
Force majeure or any fortuitous event; or
ii.
Failure on the part of the contractor to:
Correct bad conditions which are unsafe for workers or for the general public;
Carryout valid orders given by the Project Supervisor;
Perform any provisions of the contract; or
Adjustment of plans to suit field conditions as found necessary during construction.
The contract shall specify a period of seven (7) calendar days from date of receipt of the
written order or notice, after which the said order may take effect and thus bind the
contractor to immediately comply. The order/notice shall specify the period deemed
necessary for its effectivity.
The contractor has the right to suspend work operation on any or all projects/activities along
the critical path of activities due to any of the following:
i.
There exist right-of-way problems, that prohibit the contractor from performing work
in accordance with the approved construction schedule;
ii. Peace and order conditions make it extremely dangerous, if not impossible, to work,
such conditions having been certified in writing by the PNP station which has
responsibility over the affected area;
iii. There is a failure on the part of the C/BSPMC to deliver government
furnished materials and equipment as stipulated in the contract; or
iv. The non-payment of the contractors claim for progress billing beyond forty-five (45)
calendar days from the time the claim has been certified by the C/BSPMC
Chairperson as having been supported by complete documentation, unless there are
justifiable reasons which shall be communicated in writing to the contractor.
The contractor may suspend work fifteen (15) calendar days after the C/BSPMC
Chairperson has received a written notice of the suspension of work.
Only in cases when the suspension of activities along the critical path is not due to the fault
of the contractor may the suspension of work be considered in the extension of time. In such
cases, the elapsed time between the effective order suspending operation and the order to
resume work shall be allowed the contractor by adjusting the contract time accordingly.
Work must be resumed either upon notice from the C/BSPMC of the lifting of the suspension
order or upon the expiration of the suspension order.
The following steps are undertaken in the issuance of a suspension order by the C/BSPMC:
i.
ii.
iii.
iv.
v.
vi.
The PIT determines the existence of any of the grounds for suspension enumerated
above.
The PIT drafts the suspension order for the approval of the C/BSPMC Chairperson.
The suspension order is issued to the contractor, stating the grounds thereof,
Prior to the expiration of the suspension order, the PIT shall determine whether or
not the grounds for suspension still exist.
If such grounds continue to exist, or if it is no longer applicable to continue with the
work, it shall terminate the work subject of the order or cancel the delivery of the
items subject of such suspension.
If, however, the grounds for suspension no longer exist, the C/BSPMC Chairperson
shall lift the suspension order and notify the contractor to proceed with the
work/delivery of items in accordance with the amended contract.
There are additional works or other special circumstances that would entitle the contractor
to an extension of its contract;
ii. The affected activities fall within the critical path of the PERT/CPM network;
iii. The contractor shall have notified the C/BSPMC that the amount of additional work or the
occurrence of the special circumstance merits the extension of its contract. It has to be
done before the expiration of the contract.
iv. The C/BSPMC will approve the request of the contractor for contract extension upon
validation and recommendation of the TF or the Municipal Engineer that the request
warrants for extension.
If the contractor fails to notify the C/BSPMC within the time period provided for, it waives any
claims to contract extension.
No contract extension must be given to a contractor due to:
i.
Ordinary unfavorable weather conditions, in that such weather conditions had already been
taken into consideration and anticipated in the computation of the unworkable days; and
ii. Inexcusable failure or negligence of contractor to provide the required equipment, supplies
or materials.
Some special circumstances to be considered for contract time extension:
i.
ii.
iii.
iv.
v.
vi.
Major calamities such as exceptionally destructive typhoons, floods and earthquakes, and
epidemics;
Non-delivery on time of materials, working drawings, or written information to be furnished by
the C/BSPMC;
Non-acquisition of permit to enter private properties within the right-of-way resulting
incomplete stoppage of construction activities;
Region-wide or nationwide shortage of construction materials, as certified by the DTI
Secretary;
Region-wide or nationwide general labor strikes, as certified by the DOLE Secretary; and
Serious peace and order problems as certified by the Municipal Chief of Police.
If a contractor incurs a delay and wishes to request for an extension of the completion of
construction period:
i.
It must submit a written request to the BSPMC for an extension of the completion or
construction period, citing the reason/s for such delay, subject to the approval of the
BSPMC.
ii. If the extension is granted, the liquidated damages shall not be imposed and the contractor
will be so informed in writing.
iii. If, however, the request for extension is denied, the BSPMC shall inform the contractor in
writing of such denial, and ensure that the said notice or communication is received by the
latter within a reasonable time from receipt of the request for extension. The C/BSPMC then
imposes the liquidated damages in accordance with the provisions of the contract and the
procedures outlined below.
If the Contractor incurs a delay and there is no request for extension:
i.
The PIT shall, within a reasonable time from the first day of delay, inform the contractor that
the C/BSPMC will impose the liquidated damages agreed upon by the parties.
ii. Upon contract completion, the PIT and the MIT with the assistance of the TF or Municipal
Engineer shall record the delay in the inspection documents, noting the amount of the
liquidated damages imposable on the contractor.
iii. The amount of liquidated damages due shall be deducted from the total amount payable to
the contractor.
The contractor must complete the work procured within the period prescribed by the
C/BSPMC as specified in the contract.
If delays are likely to be incurred, the contractor must notify the C/BSPMC in writing, stating
the duration and causes of the expected delay. The C/BSPMC may grant time extensions, at
its discretion, if such extensions are meritorious, with or without liquidated damages.
In all cases, the request for extension shall always be filed before the expiry of the original
completion date. Maximum allowable extension shall not exceed the original
construction period.
Due to the contractors fault and while the project is on-going, it has incurred
negative slippage of fifteen percent (15%) or more, without acceptable
justification;
Due to the contractors fault and after the contract time has expired, it has
incurred a negative slippage of ten percent (10%) or more in the completion of
the work, without acceptable justification; or
The contractor:
a. Abandons the contract works, refuses or fails to comply with a valid instruction of the
C/BSPMC or fails to proceed immediately and without delay despite a written notice by the
C/BSPMC ;
b. Does not actually have on the project site the minimum essential equipment listed on the bid
necessary to prosecute the works in accordance with the approved work plan and
equipment deployment schedule as required for the project;
c. Does not execute the works in accordance with the contract or persistently or flagrantly
neglects to carry out its obligations under the contract;
d. Neglects or refuses to remove materials or to perform a new work that has been rejected as
defective or unsuitable; or
e. Sub-contract any part of the contract works without approval by the C/BSPMC.
The rescission of the contract shall be accompanied by the confiscation by the
C/BSPMC of the contractors performance security. The contractor will also be
recommended for blacklisting in all KC-NCDDP procurements. The contractor
shall be paid on actual accomplishment.
ii.
The prosecution of the work is disrupted by the adverse peace and order
situation, as certified and approved by the Municipal Chief of Police.
The contractor must serve a written notice to C/BSPMC of its intention to terminate the
contract at least thirty (30) calendar days before its intended termination. The contract is
deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of
such notice by the C/BSPMC Chairperson.
In cases of termination, the C/BSPMC shall return to the contractor its performance
security and shall pay unpaid claims based on actual accomplishment.
7.12.7. Payment
In any case or bases of termination, actual accomplishment as inspected and accepted
by the C/BSPMC and ACT/MCT shall be paid.
Once the project reaches an accomplishment level of ninety-five percent (95%) of the
total contract amount, the C/BSPMC Chairperson shall create an Inspectorate Team to
conduct preliminary inspection and to submit a punch-list within a period of fifteen (15)
days. This punch-list will contain, among others, the remaining works, work deficiencies for
necessary corrections, and the specific duration/time to fully complete the project
considering the approved remaining contract time. The Contractor shall complete the items
in the punch-list in preparation for the final turnover of the project. If the Final Account is still
unsatisfactory after it has been resubmitted, the Project Supervisor shall decide on the
amount payable to the Contractor and issue a payment certificate.
The Contractor shall request the C/BSPMC to issue a certificate of completion of the Works
upon completion of the punch-list. The TF or Municipal Engineer will recommend such a
certificate when he determines that the work is satisfactorily completed. The C/BSPMC shall
take possession of the site within seven (7) days upon issuance of certificate of completion
of the Works.
The Contractor shall supply the TF or Municipal Engineer with a detailed account of the total
amount that the Contractor considers payable under the Contract before the end of the
Defects Liability Period. The TF or Municipal Engineer shall issue a Defects Liability
Certificate after the Contractor has fulfilled its obligation under the Contract and certify any
final payment that is due to the Contractor within fifteen (15) days of receiving the
Contractors account if it is correct and complete.
After final acceptance of the project, the Contractor shall be held responsible for structural
defects and/or failure of the completed project within the warranty period from final
acceptance, except those occasioned by force majeure and those caused by other parties.
Contractor Where structural defects and/or failures arise due to faults attributable to
improper construction use of inferior quality/substandard materials, and any violation of the
contract plans & specifications, the contractor shall be held liable;
ii. TF and/or Municipal Engineer the appropriate C/BSPMC officer concerned shall be held
liable in cases where the structural defects/failures are due to his/their willful intervention in
altering the designs and other specifications; negligence or omission in not approving or
acting on proposed changes to noted defects or deficiencies in the design and/or
specifications; and the use of substandard construction materials in the project;
iii. Users - In cases where structural defects/failures are due to abuse/misuse by the end user
of the constructed facility and/or noncompliance by a user with the technical design limits
and/or intended purpose of the same, then the user concerned shall be held liable.
The term structural defects shall mean major faults/flaws/deficiencies in one or more
key structural elements of the project which may lead to structural failure of the
completed elements or structure. The term Structural Failures is defined as an
occurrence where one or more key structural elements in an infrastructure facility fails or
collapses, thereby rendering the facility or part thereof incapable of withstanding the
design loads, and/or endangering the safety of the users or the general public.
In case of structural defects/failures occurring during the applicable warranty period
provided above, the C/BSPMC shall undertake the necessary restoration or
reconstruction works and shall be entitled to full reimbursement by the parties found to
be liable, of expenses incurred upon demand, without prejudice to the filing of
appropriate administrative, civil, and/or criminal charges against the responsible persons
as well as the forfeiture of bank guarantee posted in favor of the C/BSPMC..
8.5.
8.6.
iv.
contractors, absence of banks to provide bid and performance securities, etc. that may need
clarification, further action or decision of higher authorities at the regional or national levels.
Red flags are warning signals that may refer to possible violations in the procurement
procedures that are deliberate and meant to commit acts of corruption. These red flags
provide a signal for the Area/Municipal Coordinating Team (A/MCT) and Regional Program
Management Team (RPMT) to intensify supervision and undertake corrective measures.
The red flags also serve as areas of risk that need to be reported and addressed more
closely either by the community or by higher authorities. Section B of the PCMR is a report
on the recommended action to be taken by the community to address possible areas of
weakness, issues and concerns that can be solved at their levels.
As part of enhanced oversight and support mechanisms, the RPMO will also conduct
unannounced visits to barangays to ensure that the ACTs have sufficient support for
any issues that may arise, and to conduct spot reviews to ensure correct implementation
of KC-NCDDP procedures, particularly with regard to procurement.
The Procurement Performance Monitoring Report (PPMR) format is shown in CBPM Form
G-3.
Procurement accomplishment is reported on a monthly basis from the time the contract is
awarded to project completion. Lessons learned on issues, concerns and red flags from
different regions and areas are consolidated to improve national policies and procedures
and to develop appropriate training interventions to strengthen and enhance the capacity of
community procurement volunteers.
The TF shall be responsible for preparing the accomplishment report to monitor
procurement performance. This shall be done on a monthly basis, or when making a
request for fund release and is submitted to the ACT for consolidation and further
submission to the RPMO. Additional inputs to the accomplishment report include the report
on the actions taken with regards to risk mitigation measures identified in the Procurement
Compliance Monitoring Report. The TF may request the Municipal Engineer to assist in the
preparation of the report.
The following steps are to be observed in the preparation of the procurement performance
monitoring report:
i.
ii.
iii.
iv.
The TF shall gather all available data with regards to the performance of all the
procurements of each C/BSPMC and shall take pictures of the actual goods or
project site where the sub-project is implemented using the geotagging facilities
and procedures;
The TF shall prepare a report using the Procurement Performance Monitoring
Report Form for submission to the ACT. For works, the TF shall refer to the
Barangay Sub-Project Work Schedule & Physical Progress Report;
The TF shall prepare a consolidated report for all communities under its
jurisdiction and shall submit the same to the RPMO;
Consequently, the RPMO through the Regional Procurement Officer (RPO) shall
consolidate all reports from the ACTs into a regional report for submission to the
NPMO and shall post the report in its regional website.
The ADB, WB, DSWD and COA conduct procurement post review assessments at various
stages of the procurement process to evaluate procedural compliance and performance,
among others. For these post review assessments, the procedures shall be based on the
existing guidelines of such institutions with the project related procurement monitoring
reports as basis. The Internal Audit Department of the DSWD conducts a regular ex post
fiduciary review of all KC-NCDDP activities in terms of adequacy of compliance to systems
and procedures using the data obtained from the Procurement Compliance and
Performance Monitoring Report.
GLOSSARY OF TERMS
Abstract of Bids/Record of Bid Opening the corresponding document prepared by the
BAC after all bids have been received, opened, examined, evaluated and ranked.
Advance payment refers to any payment made prior to the delivery and acceptance of
Goods, Works, or Consulting Services.
BAC the Bids and Awards Committee.
Bid (Bid proposal) is a signed offer coming from a supplier/contractor interested to
provide goods or undertake infrastructure work for the community.
Bid Evaluation the process of determining the Bidder with the Lowest Calculated and
Responsive Bid/Quotation (LCRB/Q) or the Highest Rated Bid (HRB) in case of consultancy
services.
Bid Opening Date the date specified in the Invitation to Bid (ITB) for the opening of bids.
Bid Security- is required to ensure that the successful bidder shall, within five calendar days
from receipt of the Notice of Award, sign the contract with the C/BSPMC. It could be in the
form of cash, check, or bank guarantee that serves as a guarantee that the successful
bidder shall not default on his offer, and shall enter into contract with the C/BSPMC and
furnish the performance security.
The bid security shall be returned to the bidders only after the successful bidder has
signed the Contract and posted the performance security, except if the bidder fails to
comply with all the requirements and the bid is marked failed.
Bidder, who wants to present cash as bid security, shall be instructed to deposit the
amount to the communitys bank account and to attach the machine validated
deposit slip to the bidding documents to be placed in a sealed envelope.
Bid Validity a period indicated in the bidding documents, but in no case shall exceed sixty
(60) calendar days from the date of the opening of bids, wherein a Bid Security is
considered valid.
Bidder an individual or entity that submits a bid. The term includes anyone acting on
behalf of the individual or other entity that submits a bid, such as agents, employees, and
representatives. More specifically, a contractor, manufacturer, supplier, distributor competing
for the award of a contract in any government procurement.
Bidding Documents the documents issued by the BAC as the bases for bids, furnishing
all information necessary for a prospective bidder to prepare a bid for the infrastructure
projects and/or goods required by the procuring entity.
Blacklisting to place on, or as if on, a list of persons or organizations that have incurred
disapproval or suspicion or are to be boycotted or otherwise penalized.
Brand Name a trade name or product name, which identifies a product as having been
made by a particular manufacturer.
Calculated bid price the price of a bid, after taking into account minor arithmetical
corrections to consider computational errors, omissions and discounts, if allowed.
Collusion an agreement between two or more persons, to commit acts to accomplish a
fraudulent or deceitful purpose.
Competitiveness a principle in KC-NCDDP procurement that allows broad participation by
eligible and qualified suppliers and contractors to put forward offers for a community project.
Communication costs mail, internet rental, and fax costs, plus cost of advertising,
meetings, internet/web posting, and other costs incurred for the dissemination of information
about the bidding.
Community Bidding- a method of procurement which is open to participation by any
interested and qualified party and which consists of the following processes: advertisement,
pre-bid conference, receipt and opening of bids, evaluation of bids, post-qualification, and
award of contract.
Community Driven Development (CDD) - an approach that gives control over planning
decisions and investment resources for development projects to community groups based
on the principles of local empowerment, participatory governance, demand-responsiveness,
administrative autonomy, greater downward accountability and enhanced local capacity.
Community Direct Contracting - a method of procurement of goods and works where the
community directly negotiates a contract with a technically, legally and financially capable
supplier or contractor.
Community Shopping - a method of procurement where the community simply requests for
the submission of price quotations from a minimum of three suppliers for readily available off
the-shelf goods or standard specification commodities of small value or a minimum of three
contractors for simple works of small value who are of known qualifications.
Contract a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service. Article 1305, New Civil
Code, Republic Act No. 386
A promise or a set of promises for the breach of which the law gives a remedy, or the
performance of which the law in some way recognizes a duty.
An agreement, upon sufficient consideration, to do or not to do a particular thing.
A promise enforceable by law.
Contract Completion project sign-off or acceptance of the project/goods by the end-user.
Contract Implementation the execution of a contract, covering the following milestones:
effectivity of the contract; contractors performance of his contractual obligations; procuring
entitys performance of its contractual obligations, as specified in the Contract; final
acceptance or project sign-off; all other related activities; and payment by the Procuring
Entity.
Contractor one who undertakes to perform a work or service, or supply goods for a public
or private entity.
Contract Termination ending of a contract prior to its completion.
Corrupt practice the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution.
Compare fraudulent practice.
Cost Recovery Component direct and indirect costs accounted for in determining the
price of Bidding Documents to be sold to interested suppliers/contractors.
Defects Liability Period - refers to the period from the date of issuance of Certificate of
Completion of the works as certified by the C/BSPMC Chairman up to the date within which,
the contractor shall still be liable for defects, shrinkage or other faults as determined by
C/BSPMC. The contractor shall execute all such work needed to amend, reconstruct, or
remedy at his own cost.
Development Cost costs incurred in developing the original content of the documents,
designs, plans and specifications. The design cost may be excluded if the same is to be
included in the capitalized cost of the project which is to be recovered from the usage of the
completed project facility.
Direct Contracting an alternative method of procurement of goods and infrastructure
projects whereby the C/BSPMC directly negotiates a contract with a technically, legally and
financially capable supplier or contractor.
Direct Costs - costs directly incurred such as development, reproduction, and
communication costs allocated to the bidding activity.
Disclosure the act of disclosing, uncovering, or revealing.
Disqualification the act of barring a bidder from further participation in the procurement at
hand, even if, in some instances, it has initially been declared eligible or post-qualified.
Eligible Bidder a contractor, manufacturer, supplier or distributor who meets all the
eligibility requirements for procurement at hand.
Eligibility refers to the status of a Bidder in relation to its legal, technical and financial
competence to comply with the requirements of the contract to be bid.
Eligibility Check - a procedure used to determine if a prospective bidder is eligible to
participate in the procurement at hand.
Eligibility Requirements - refer to qualifications set by the BAC for participating bidders.
Some examples of qualifications are:
Suppliers must have a SEC Registration, mayors permit or municipal license, or the
Cooperative Development Authority, if a cooperative;
Contractors for works must be either a duly licensed Filipino citizen or a sole
proprietorship, or a duly registered partnership or corporation;
Estimated Budget for the Contract the budget for the contract duly approved by the
C/BSPMC which will serve as the agency estimate as reflected in the Community
Procurement Plan.
Evaluated Bid - refers to the corrected bid after evaluation has been completed.
Force Majeure see Fortuitous events.
Fortuitous events/Force majeure an event which could not be foreseen, or which though
foreseen, was inevitable e.g. natural disasters or any man-made calamities
Fraudulent practice misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the C/BSPMC.
Goods and services - refers to all items, supplies, materials, and general support services
which may be needed in undertaking the project related activities or in the operations of the
Barangay Sub-Project Management Committee (C/BSPMC).
Minor Deviations are deviations in the bid that can be corrected. Some examples are the
following:
Computational error such as when the total amount is not equal to the unit cost times the
number of units. In this case, it is the unit cost, which should be taken as the correct
amount, and the total price should be corrected.
Discounts which do not have pre-conditions should be applied to the total price to get the net
amount
Minor deviations shall be corrected and adjustments shall be computed to determine the
calculated price.
Major Deviations - are deviations which affect in a substantial way the scope, quality or
performance of the works; which limits the communitys rights under the contract; or one that
if corrected would affect unfairly the comparative position of other bidders.
Small value procurement - a method for the procurement of goods, services, and works
where direct purchase is used for items of very small quantities and value since it is more
practical and economical to do so.
Small works procurement - the purchase of construction related service requirements
available in the local community and requiring a very limited period of time and skilled labor
which would be more economical to procure as small works rather than pakyaw contract.
Spare parts refer to extra components, equipment, tools, instruments or parts of
machinery or apparatus that replace the ones that are damaged or worn out.
Special Power of Attorney- a legal document where a principal grants authority to an agent
who is an officer or staff of the firm to represent him in certain procurement as allowed by
this manual related transactions in case he is not available.
Specification - a description of what the purchaser requires and what a bidder must offer. A detailed description of design criteria for a piece of work or material.
Splitting of Contracts/Packages is the act of dividing or breaking up of contracts into
smaller quantities and amounts, or dividing contract implementation into sub-contracts but it
can be undertaken/procured as one contract to circumvent or subvert the procurement
method.
Standard the established and fixed measure used in assessing quality or performance.
Subcontractor one who takes a specific part of the work undertaken by the principal
contractor (Blacks Law Dictionary, 5th Ed.)
Submitted bid price the bid price as indicated in the financial proposal submitted by the
bidder.
Supplemental/Bid bulletin a notice issued by the Procuring Entity to Prospective Bidders
with respect to any clarifications or modifications in the Bidding Documents, including those
affecting the technical specifications, eligibility requirements, procurement schedule, and
other similar matters.
Supplier of good standing - one who is known in the community to be in the business of
providing the goods to be procured for at least one year, duly registered with the DTI, SEC
or CDA and possessing a mayors permit/municipal license from the suppliers principal
place of business with no outstanding record of being blacklisted by any government agency
or local government unit.
Technical Bid one of two components comprising a bid, the other being Financial Bid.
Technical specifications- refers to the physical description of the goods or services, as well
as the requirements of the community in terms of the functional, performance, environmental
interface and design standard requirements to be met by the goods to be manufactured or
supplied, or the services to be rendered.
Tender See Bid.
Unbalanced Quotation/Bid- a bid where part of the cost of one work item is shifted to
another item of work making the cost of such item unreasonably high and other items
unreasonably low.
Warranty an undertaking by the supplier, manufacturer or distributor to guarantee that it
will correct any manufacturing defects of the goods procured by the C/BSPMC.
Works or Infrastructure Projects refers to undertakings to construct, improve, upgrade,
rehabilitate, demolish, repair, restore, or maintain small scale infrastructure and all types of
physical works identified under the KC-NCDDP, fabrication of equipment and structural
parts, as well as physical labor to complete such projects.
COMMUNITY SHOPPING
DURATION (IN CALENDAR DAYS)
ACTIVITIES
DEADLINE
GOODS
WORKS
MIN
MAX
MIN
MAX
Preparation of Request
for Quotation
Conduct of Procurement
Preparation Meeting
Posting of Notice of
Request for Quotation
Once for a
minimum period
of 3 c d
Conducted at
least 3 days prior
to
submission of
quotation
Quotation Evaluation
Post-qualification
Prior Review of Contract
(No Objection Letter)
Sub-Total
5 (RPMO)
5 (RPMO)
5 (RPMO)
5 (RPMO)
13
17
16
25
Issuance of Notice of
Award
PO/Contract Preparation
and Signing
Issuance of PO or Notice
to Proceed
TOTAL
16
20
23
39
Deadline
GOODS
WORKS
Min
Max
Min
Max
Preparation of Request
for Quotation
Conduct of Procurement
Preparation Meeting
Posting of Notice of
Request for Quotation
(for information)
Issuance of Request for
Quotation
Once for a
period of 3 c d
Contractor Conference
and Site Visit or
Inspection
Submission and Opening
of Request for Quotation
Quotation Evaluation
5 (RPMO)
5 (RPMO)
5 (RPMO)
5 (RPMO)
11
15
12
17
PO/Contract Preparation
and Signing
Issuance of PO or Notice
to Proceed
TOTAL
14
18
19
31
COMMUNITY BIDDING
ACTIVITIES
Preparation of Bidding
Documents
Conduct of Procurement
Preparation Meeting
Posting of Invitation to
Bid
Issuance of Bidding
Documents
Conduct of Pre-Bid
Conference
Site Visit or Inspection
Submission and Opening
of Bids
Bid Evaluation
Post-qualification
Prior Review of Contract
(No Objection Letter)
Sub-Total
Issuance of Notice of
Award
DEADLINE
Once for a
minimum period
of 7 c d
7-14CD from
posting of IB
14
14
1
1
1
1
1
1
1
1
1
1
2
2
1
1
3
3
5 (RPMO)
5 (NPMO)
5 (RPMO)
5 (NPMO)
5 (RPMO)
5 (NPMO)
5 (RPMO)
5 (NPMO)
25
36
25
38
31
51
31
53