GPPB Resolution ORIGINAL PROVISION AMENDMENT/S Comment/s

08-2011 Section 1.5 Annex “E” of the IRR of RA 9184

In claiming for any Variation Order, the
contractor shall, within seven (7) calendar days
after such work has been commenced or after
the circumstances leading to such condition(s)
leading to the extra cost, and within twenty-
eight (28) calendar days deliver a written
communication giving full and detailed
particulars of any extra cost in order that it may
be investigated at that time. Failure to provide
either of such notices in the time stipulated
shall constitute a waiver by the contractor for
any claim. The preparation and submission of
Variation Orders are as follows:
In claiming for any Variation Order, the
contractor shall, within seven (7) calendar days
after such work has been commenced pursuant
to Section 3.2 hereof; or, within twenty-eight
(28) calendar days after the circumstances or
reasons justifying a claim for extra cost shall
have occurred, deliver a notice giving full and
detailed particulars of any extra cost in order
that it may be investigated at that time. Failure
to provide either of such notices in the time
stipulated shall constitute a waiver by the
contractor for any claim. The preparation and
submission of Variation Orders are as follows:

a) If the procuring entity’s No revision

representative/Project Engineer believes
that a Change Order or Extra Work Order
should be issued, he shall prepare the
proposed Order accompanied with the
notices submitted by the contractor, the
plans therefor, his 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 log book 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 or Extra Work
Order, and shall submit the same to the
Head of the Procuring Entity for approval.

b) The procuring entity’s b) The Head of the Procuring Entity or his

representative/Project Engineer, upon duly authorized representative procuring
receipt of the proposed Change Order or entity’s representative/Project Engineer,
Extra Work Order shall immediately upon receipt of the proposed Change Order
instruct the technical staff of the Region to or Extra Work Order shall immediately
 conduct an on-the-spot investigation to
verify the need for the work to be
prosecuted. A report shall be submitted
directly to the procuring entity’s
representative/Project Engineer.
c) The procuring entity’s
representative/Project Engineer, after
being satisfied that such Change Order or
Extra Work Order is justified and necessary,
shall review the estimated quantities and
prices and forward the proposal with the
supporting documentation to the Head of
the Procuring Entity or his duly authorized
representative for consideration.
d) If, after the review of the plans, quantities
and estimated cost of the items of work
involved, the proper office of the procuring
entity empowered to review and evaluate
Change Orders or Extra Work Orders
recommends approval thereof, the Head of
the Procuring Entity or his duly authorized
representative, believing the Change Order
or Extra Work Order to be in order, shall
approve the same.
e) The timeframe for the processing of the
Variation Orders from the preparation up
to the approval by the procuring entity
concerned shall not exceed thirty (30)
calendar days.
Section 3.1 Annex “E” of the IRR of RA 9184
Under no circumstances shall a contractor
proceed to commence work under any Change
Order or Extra Work Order unless it has been
approved by the Head of the Procuring Entity
instruct the appropriate technical staff or
office of the procuring entity to conduct an
on-the-spot investigation to verify the need
for the work to be prosecuted and to
review the proposed plan, quantities, and
prices of the work involved.
c) The technical staff or appropriate office of
the procuring entity shall submit a report of
their findings and recommendations,
together with the supporting documents,
to the Head of the Procuring Entity or his
duly authorized representative for
consideration.
d) The Head of the Procuring Entity or his duly
authorized representative, acting upon the
recommendation of the technical staff or
appropriate office, shall approve the
Change Order or Extra Work Order after
being satisfied that the same is justified,
necessary, and in order.
No revision
3.1. Under no circumstances shall a contractor
proceed to commence work under any
Change Order or Extra Work Order unless
it has been approved by the Head of the
or his duly authorized representative.
Exceptions to the preceding rule are the
following:
a. The Head of the Procuring Entity or his duly
authorized representative may, subject to
the availability of funds, authorize the
immediate start of work under any Change
Order or Extra Work Order under any or all
of the following conditions:
i) In the event of an emergency where
the prosecution of the work is urgent
to avoid detriment to public service, or
damage to life and/or property; and/or
ii) When time is of the essence;
Provided, however, That such 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 duly
fully approved does not exceed five percent
(5%) of the adjusted original contract price
whichever is less;
Provided, further, That immediately after
the start of work, the corresponding
Change Order or Extra Work Order shall 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 Head of the
Procuring Entity or his duly authorized
representative.
Procuring Entity or his duly authorized
representative. Exceptions to the
preceding rule are the following:
3.2. However, under any of the following
conditions, the procuring entity’s
representative/Project Engineer may,
subject to the availability of funds and
within the limits of his delegated
authority, allow the immediate start of
work under any Change Order or Extra
Work Order:
i) In the event of an emergency where
the prosecution of the work is urgent
to avoid detriment to public service, or
damage to life and/or property;
and/or
ii) When time is of the essence;
Provided, however, That such 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 duly
fully approved does not exceed five
percent (5%) of the adjusted original
contract price whichever is less;
No revision
 b. For a Change Order or Extra Work Order
involving a cumulative amount exceeding
five percent (5%) of the original contract
price, no work thereon may be commenced
unless said Change Order or Extra Work
Order has been approved by the procuring
entity’s representative/ Project Engineer.
05-2012 Section 55.3 of the IRR of RA 9184
Section 55.4 of the IRR of RA 9184
Provided, finally, That for a Change Order or
Extra Work Order involving a cumulative
amount exceeding five percent (5%) of the
original contract price, no work thereon may be
commenced unless said Change Order or Extra
Work Order has been approved by the Head of
the Procuring Entity or his duly authorized
representative procuring entity’s
representative/ Project Engineer.
The protest must be filed within seven (7)
calendar days from receipt by the party
concerned of the resolution of the BAC denying
its request for reconsideration. A protest may
be made by filing a verified position paper with
the Head of the Procuring Entity concerned,
accompanied by the payment of a non-
refundable protest fee. The non-refundable
protest fee shall be as follows:
ABC RANGE PROTEST FEE
50 million pesos and 0.75% of the ABC
below
More than 50 million PhP 500,000.00
pesos to 100 million pesos
More than 100 million 0.5% of the ABC
pesos to 500 million pesos
More than 500 million PhP 2,500,000.00
pesos to 1 billion pesos
More than 1 billion pesos 0.25% of the ABC
to 2 billion pesos
More than 2 billion pesos PhP 5,000,000.00
to 5 billion pesos
More than 5 billion pesos 0.1 % of the ABC
The verified position paper shall contain the
following information:
a) The name of bidder;
b) The office address of the bidder;
c) The name of project/contract;
d) The implementing office/agency or
procuring entity;
e) A brief statement of facts;
f) The issue to be resolved; and
g) Such other matters and information
pertinent and relevant to the proper
resolution of the protest.

The position paper must be verified by an

affidavit that the affiant has read and
understood the contents thereof and that the
allegations therein are true and correct of his
personal knowledge or based on authentic
records. An unverified position paper shall be
considered unsigned, produces no legal effect,
and results to the outright dismissal of the
protest.

In addition, the bidder shall likewise certify

under oath that:

a) he has not theretofore commenced any

action or filed any claim involving the
same issues in any court, tribunal or quasi-
judicial agency and, to the best of his
knowledge, no such other action or claim
is pending therein;
b) if there is such other pending action or
claim, he is including a complete
statement of the present status thereof;
and

c) if he should thereafter learn that the same

or similar action or claim has been filed or
is pending, he shall report that fact within
five (5) days therefrom to the Head of
Procuring Entity wherein his protest is
filed.

11-2012 Section 23.5.2.5 of the IRR of RA 9184
The prospective bidder must have an
experience of having completed, within a
period of ten (10) years from the date of
submission and receipt of bids, at least one (1)
contract that is similar to the contract to be bid,
and whose value, adjusted to current prices
using the NSO consumer price indices, must be
at least fifty percent (50%) of the ABC to be bid:
Provided, however, That contractors under
Small A and Small B categories without similar
experience on the contract to be bid may be
allowed to bid if the cost of such contract is not
more than fifty percent (50%) of the Allowable
Range of Contract Cost (ARCC) of their
registration based on the guidelines as
prescribed by the PCAB.
For Foreign-funded Procurement, the GOP and
the foreign government/foreign or
international financing institution may agree on
another track record requirement.
Moreover, a contract shall be considered
“similar” to the contract to be bid if it has the
same major categories of work.
Section 23.5.2.4 of the IRR of RA 9184
The Constructors Performance Evaluation
System (CPES) rating and/or certificate of
completion and owner’s acceptance of the
contract must be satisfactory.
12-2012 Section 8.5.2 of the IRR of RA 9184
Eligibility requirements may be sent
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the verified position paper.
The prospective bidder must have an
experience of having completed at least one (1)
contract that is similar to the contract to be bid,
and whose value, adjusted to current prices
using the NSO consumer price indices, must be
at least fifty percent (50%) of the ABC to be bid:
Provided, however, That contractors under
Small A and Small B categories without similar
experience on the contract to be bid may be
allowed to bid if the cost of such contract is not
more than fifty percent (50%) of the Allowable
Range of Contract Cost (ARCC) of their
registration based on the guidelines as
prescribed by the PCAB.
For Foreign-funded Procurement, the GOP and
the foreign government/foreign or
international financing institution may agree on
another track record requirement.
Moreover, a contract shall be considered
“similar” to the contract to be bid if it has the
same major categories of work.
The Owner’s Certificate of Final Acceptance; or
the Constructors Performance Evaluation
Summary (CPES) Final Rating and/or the
Certificate of Completion, must be satisfactory.
Eligibility requirements may be sent
electronically to a procuring entity through the
PhilGEPS: Provided, however, That the
prospective bidder concerned shall submit a
certification to the BAC at least seven (7)
calendar days before the deadline for the
submission and opening of the technical and
financial envelopes that the documents
submitted are authentic copies of the original,
complete, and all statements and information
provided therein are true and correct: Provided,
further, That the PhilGEPS shall allow manual
submission of eligibility requirements. The
PhilGEPS shall generate and send an
acknowledgement of any eligibility
requirement received by it.
Section 23.4 of the IRR of RA 9184
To facilitate determination of eligibility, the
BAC of a procuring entity may maintain a
registry system using the PhilGEPS or its own
manual or electronic system that allows
submission and/or recording/entry of eligibility
requirements simultaneously with registration.
23.4.1. The registry system shall contain the
foregoing Class “A” documents which should
be maintained current and updated by the
bidder concerned at least once a year or
more frequently when needed.
23.4.2. A bidder who maintains a current and
updated file of his Class “A” Documents shall
be issued a certification by the BAC to that
effect, which certification may be submitted
to the procuring entity concerned in lieu of
the foregoing Class “A” documents.
Section 24.4.3 of the IRR of RA 9184
To facilitate determination of eligibility, the
electronically or manually to the PhilGEPS.
When a manufacturer, supplier, distributor,
contractor, or consultant registers with
PhilGEPS, it shall submit along with the
requirements a certification stating that the
documents submitted are complete and
authentic copies of the original, and all
statements and information provided therein
are true and correct. Upon confirmation,
validation, and verification of the documents
submitted, PhilGEPS may issue, in favor of the
registered entity, a Certificate of Registration
and Membership that contains the certification
mentioned in the preceding sentence.
To facilitate determination of eligibility, the
BAC of a procuring entity may use the contents
of the PhilGEPS electronic registry of
manufacturers, suppliers, distributors,
contractors, and/or consultants.
23.4.1. The PhilGEPS registry system shall
contain the foregoing Class “A” documents,
which should be maintained current and
updated by the bidder concerned at least
once a year or more frequently as may be
necessary.
23.4.2. A bidder who maintains a current and
updated file of his Class “A” Documents may
submit to the procuring entity, in lieu of the
said documents, the Certificate of
Registration and Membership issued by
PhilGEPS pursuant to Section 8.5.2.
To facilitate determination of eligibility, the
 BAC of a procuring entity may maintain a
registry system using the PhilGEPS or its own
manual or electronic system that allows
submission and/or recording/entry of eligibility
requirements simultaneously with registration.
24.4.3.1. The registry system shall contain
the foregoing Class “A” documents which
should be maintained current and updated
by the bidder concerned at least once a
year or more frequently when needed.
24.4.3.2. A bidder who maintains a current
and updated file of his Class “A” Documents
shall be issued a certification by the BAC to
that effect, which certification may be
submitted to the procuring entity
concerned in lieu of the foregoing Class “A”
documents.
20-2012 Section 54.5 of the IRR of RA 9184
Performance and warranty securities, as
prescribed in Sections 39 and 62 of this IRR,
shall be submitted for contracts acquired
through the alternative methods of
procurement, except for Shopping under
Section 52 and Negotiated Procurement under
Sections 53.2 (emergency cases), 53.9 (small
value procurement), 53.10 (lease of real
property), and 53.13 (UN agencies).
Implementing Guidelines on Agency-to-Agency Agreements
Section 5(c)
Subject to appropriate guidelines, the Procuring Subject to appropriate guidelines, the Procuring
Agency may require the Servicing Agency to
post a performance security under Section 39
of R.A. 9184 and/or post a warranty security
under Section 62 of R.A. 9184.
BAC of a procuring entity may use the contents
of the PhilGEPS electronic registry of
manufacturers, suppliers, distributors,
contractors, and/or consultants.
24.4.3.1. The PhilGEPS registry system shall
contain the foregoing Class “A” documents,
which should be maintained current and
updated by the bidder concerned at least
once a year or more frequently as may be
necessary.
24.4.3.2. A bidder who maintains a current
and updated file of his Class “A” Documents
may submit to the procuring entity, in lieu of
the said documents, the Certificate of
Registration and Membership issued by
PhilGEPS pursuant to Section 8.5.2.
Performance and warranty securities, as
prescribed in Section 39 and 62 of this IRR, shall
be submitted for contracts acquired through
the alternative methods of procurement,
except for Shopping under Section 52 and
Negotiated Procurement under Sections 53.2
(emergency cases), 53.5 (Agency-to-Agency),
53.9 (small value procurement), 53.10 (lease of
real estate property), 53.12 (Community
Participation), and 53.13 (UN agencies),
Section 5(c) DELETION of the following provisions
Agency may require the Servicing Agency to
post a performance security under Section 39
of R.A. 9184 and/or post a warranty security
under Section 62 of R.A. 9184.
 Section 6(e)
Pursuant to Section 5 (c), the MOA shall reflect
the agreement of the parties with regard to the
posting of a performance bond and/or a
warranty security.
Section 6(e)
Pursuant to Section 5(c), the MOA shall reflect
the agreement of the parties with regard to the
posting of a performance bond and/or a
warranty security.

Sections 5(d) and (e) to Sections 5(c) and (d), RENUMBERING of the following
respectively. Sections

Section 6(f) to Section 6(e).

25-2012 Philippine Bidding Documents

Invitation to Bid for Goods
A complete set of Bidding Documents may be
purchased by interested Bidders on [insert date
of availability of Bidding Documents] from the
address below and upon payment of a
nonrefundable fee for the Bidding Documents
in the amount of [insert amount in Pesos].
A complete set of Bidding Documents may be
acquired by interested Bidders on [insert date
of availability of Bidding Documents] from the
address below {Insert if necessary: and upon
payment of a nonrefundable fee for the
Bidding Documents, pursuant to the latest
Guidelines issued by the GPPB, in the amount
of [insert amount in Pesos]}.

Philippine Bidding Documents

Clause 18, ITB for Goods
18.1 The bid security in the amount stated in 18.1 The bid security in the amount stated in
the BDS shall be equal to the percentage of the the BDS shall be equal to the percentage of the
ABC in accordance with the following schedule: ABC in accordance with the following schedule:

Form of Bid Security Amount of Bid Form of Bid Security Amount of Bid
Security (Equal to Security (Equal to
Percentage of the ABC) Percentage of the ABC)
(a) Cash or Two percent (2%) (a) Cash or Two percent (2%)
cashier’s/manager’s cashier’s/manager’s
check issued by a check issued by a
Universal or Universal or
Commercial Bank. Commercial Bank.
(b) Bank (b) Bank draft/
draft/guarantee or guarantee or
 irrevocable letter of irrevocable letter of
credit issued by a credit issued by a
Universal or Universal or
Commercial Bank: Commercial Bank:
Provided, however, Provided, however,
that it shall be that it shall be
confirmed or confirmed or
authenticated by a authenticated by a
Universal or Universal or
Commercial Bank, if Commercial Bank, if
issued by a foreign issued by a foreign
bank. bank.
(c) Surety bond Five percent (5%) (c) Surety bond callable Five percent (5%)
callable upon demand upon demand issued
issued by a surety or by a surety or
insurance company insurance company
duly certified by the duly certified by the
Insurance Commission Insurance Commission
as authorized to issue as authorized to issue
such security. such security.
(d) Any combination of Proportionate to share (d) Any combination of Proportionate to share
the foregoing. of form with respect to items (a) to (c) above. of form with respect to
total amount of total amount of
security security
(e) Bid Securing No percentage
For biddings conducted by LGUs, the Bidder Declaration required
may also submit bid securities in the form of
cashier’s/manager’s check, bank For biddings conducted by LGUs, the Bidder
draft/guarantee, or irrevocable letter of credit may also submit bid securities in the form of
from other banks certified by the BSP as cashier’s/manager’s check, bank
authorized to issue such financial statement. draft/guarantee, or irrevocable letter of credit
from other banks certified by the BSP as
authorized to issue such financial statement.

The Bid Securing Declaration mentioned above

is an undertaking which states, among others,
that the bidder shall enter into contract with
the procuring entity and furnish the
performance security required under ITB
Clause 33.2, from receipt of the Notice of
Award, and committing to pay the
corresponding fine, and be suspended for a
 period of time from being qualified to
participate in any government procurement
activity in the event it violates any of the
conditions stated therein as provided in the
guidelines issued by the GPPB.

Philippine Bidding Documents

Clause 24.7, ITB for Goods
A Bidder determined as “failed” has three (3) 35 Protest Mechanism DELETE Clause 24.7 of Section II.
calendar days upon written notice or, if present Instruction to Bidders and INSERT
at the time of bid opening, upon verbal Decision of the procuring entity at any stage of New provision, Clause 35
notification, within which to file a request or the procurement process may be questioned in
motion for reconsideration with the BAC: accordance with Section 55 of the revised
Provided, however, that the motion for Implementing Rules and Regulations of
reconsideration shall not be granted if it is Republic Act 9184.
established that the finding of failure is due to
the fault of the Bidder concerned: Provided,
further, that the BAC shall decide on the
request for reconsideration within seven (7)
calendar days from receipt thereof. If a failed
Bidder signifies his intent to file a motion for
reconsideration, the BAC shall keep the bid
envelopes of the said failed Bidder unopened
and/or duly sealed until such time that the
motion for reconsideration or protest has been
resolved.

Philippine Bidding Documents

Clause 11, GCC for Goods
11.2 For Goods supplied from abroad, the
terms of payment shall be as follows:
(a) On Contract Signature: Ten percent (10%) of
the Contract Price shall be paid within sixty (60)
days from signing of the Contract and upon
submission of a claim and a bank guarantee for
the equivalent amount valid until the Goods are
delivered and in the form provided in Section
VIII. Bidding Forms.
11.2 For Goods supplied from abroad, the
terms of payment shall be as follows:
(a) On Contract Signature: Fifteen percent
(15%) of the Contract Price shall be paid within
sixty (60) days from signing of the Contract and
upon submission of a claim and a bank
guarantee for the equivalent amount valid until
the Goods are delivered and in the form
provided in Section VIII. Bidding Forms.
 (b) On Delivery: Seventypercent (70%) of the
Contract Price shall be paid to the Supplier
within sixty (60) days after the date of receipt
of the Goods and upon submission of the
documents (i) through (vi) specified in the
SCC provision on Delivery and Documents.
(c) On Acceptance: The remaining twenty
percent (20%) of the Contract Price shall be
paid to the Supplier within sixty (60) days
after the date of submission of the
acceptance and inspection certificate for the
respective delivery issued by the Procuring
Entity’s authorized representative. In the
event that no inspection or acceptance
certificate is issued by the Procuring Entity’s
authorized representative within forty five
(45) days of the date shown on the delivery
receipt the Supplier shall have the right to
claim payment of the remaining twenty
percent (20%) subject to the Procuring
Entity’s own verification of the reason(s) for
the failure to issue documents (vii) and (viii)
as described in the SCC provision on Delivery
and Documents.
Philippine Bidding Documents
Invitation to Bid for Infrastructure Projects
A complete set of Bidding Documents may be
purchased by interested Bidders on from the
address below and upon payment of a
nonrefundable fee for the Bidding Documents
in the amount of [insert amount in Pesos].
Philippine Bidding Documents
Clause 18, ITB for Infrastructure Projects
(b) On Delivery: Sixty-five percent (65%) of
the Contract Price shall be paid to the
Supplier within sixty (60) days after the date
of receipt of the Goods and upon submission
of the documents (i) through (vi) specified in
the SCC provision on Delivery and
Documents.
(c) On Acceptance: The remaining twenty
percent (20%) of the Contract Price shall be
paid to the Supplier within sixty (60) days
after the date of submission of the
acceptance and inspection certificate for the
respective delivery issued by the Procuring
Entity’s authorized representative. In the
event that no inspection or acceptance
certificate is issued by the Procuring Entity’s
authorized representative within forty five
(45) days of the date shown on the delivery
receipt the Supplier shall have the right to
claim payment of the remaining twenty
percent (20%) subject to the Procuring
Entity’s own verification of the reason(s) for
the failure to issue documents (vii) and (viii)
as described in the SCC provision on Delivery
and Documents.
A complete set of Bidding Documents may be
acquired by interested Bidders on [insert date
of availability of Bidding Documents] from the
address below {Insert if necessary: and upon
payment of a nonrefundable fee for the
Bidding Documents, pursuant to the latest
Guidelines issued by the GPPB, in the amount
of [insert amount in Pesos]}.
18.1 The bid security in the amount stated in 18.1 The bid security in the amount stated in
the BDS shall be equal to the percentage of the the BDS shall be equal to the percentage of the
ABC in accordance with the following schedule: ABC in accordance with the following schedule:

Form of Bid Security Amount of Bid Form of Bid Security Amount of Bid
Security (Equal to Security (Equal to
Percentage of the ABC) Percentage of the ABC)
(a) Cash or Two percent (2%) (a) Cash or Two percent (2%)
cashier’s/manager’s cashier’s/manager’s
check issued by a check issued by a
Universal or Universal or
Commercial Bank. Commercial Bank.
(b) Bank (b) Bank draft/
draft/guarantee or guarantee or
irrevocable letter of irrevocable letter of
credit issued by a credit issued by a
Universal or Universal or
Commercial Bank: Commercial Bank:
Provided, however, Provided, however,
that it shall be that it shall be
confirmed or confirmed or
authenticated by a authenticated by a
Universal or Universal or
Commercial Bank, if Commercial Bank, if
issued by a foreign issued by a foreign
bank. bank.
(c) Surety bond Five percent (5%) (c) Surety bond callable Five percent (5%)
callable upon demand upon demand issued
issued by a surety or by a surety or
insurance company insurance company
duly certified by the duly certified by the
Insurance Commission Insurance Commission
as authorized to issue as authorized to issue
such security. such security.
(d) Any combination of Proportionate to share (d) Any combination of Proportionate to share
the foregoing. of form with respect to items (a) to (c) above. of form with respect to
total amount of total amount of
security security
(e) Bid Securing No percentage
For biddings conducted by LGUs, the Bidder Declaration required
may also submit bid securities in the form of
cashier’s/manager’s check, bank For biddings conducted by LGUs, the Bidder
draft/guarantee, or irrevocable letter of credit may also submit bid securities in the form of
from other banks certified by the BSP as cashier’s/manager’s check, bank
authorized to issue such financial statement. draft/guarantee, or irrevocable letter of credit
from other banks certified by the BSP as
authorized to issue such financial statement.

The Bid Securing Declaration mentioned above

is an undertaking which states, among others,
that the bidder shall enter into contract with
the procuring entity and furnish the
performance security required under ITB
Clause 32.2, from receipt of the Notice of
Award, and committing to pay the
corresponding fine, and be suspended for a
period of time from being qualified to
participate in any government procurement
activity in the event it violates any of the
conditions stated therein as provided in the
guidelines issued by the GPPB.

Philippine Bidding Documents

Clause 24.7, ITB for Infrastructure Projects
A Bidder determined as “failed” has three (3) 34 Protest Mechanism DELETE Clause 24.7 of Section II.
calendar days upon written notice or, if present Decision of the procuring entity at any stage of Instruction to Bidders and INSERT
at the time of bid opening, upon verbal the procurement process may be questioned in New provision, Clause 35
notification, within which to file a request or accordance with Section 55 of the revised
motion for reconsideration with the BAC: Implementing Rules and Regulations of
Provided, however, that the motion for Republic Act 9184.
reconsideration shall not be granted if it is
established that the finding of failure is due to
the fault of the Bidder concerned: Provided,
further, that the BAC shall decide on the
request for reconsideration within seven (7)
calendar days from receipt thereof. If a failed
Bidder signifies his intent to file a motion for
reconsideration, the BAC shall keep the bid
envelopes of the said failed Bidder unopened
and/or duly sealed until such time that the
motion for reconsideration or protest has been
resolved.
Philippine Bidding Documents
Clause 12.1 (a), ITB for Infrastructure Projects
(iii.13) the statement shall be supported by the
Constructors Performance Evaluation System
(CPES) rating sheets, and/or certificates of
completion and owner’s acceptance, if
applicable;
Philippine Bidding Documents
Clause 5.4, ITB for Infrastructure Projects
(a) Unless otherwise provided in the BDS, the
Bidder must have completed, within ten (10)
years from the submission of bids, a single
contract that is similar to this Project,
equivalent to at least fifty percent (50%) of the
ABC adjusted to current prices using the
National Statistics Office consumer price index.
Philippine Bidding Documents
Clause 32.2, ITB for Infrastructure Projects
Form of Bid Security Amount of Bid
Security (Equal to
Percentage of the ABC)
(b) Bank Five percent (5%)
draft/guarantee or
irrevocable letter of
credit issued by a
Universal or
Commercial Bank:
Provided, however,
that it shall be
(iii.13) the statement shall be supported by the
Owner’s Certificate of Final Acceptance or the
Certificate of Completion and, whenever
applicable, the Constructors Performance
Evaluation Summary (CPES) Final Rating, which
must be satisfactory;
(a) Unless otherwise provided in the BDS, the
Bidder must have an experience of having
completed at least one (1) contract that is
similar to this Project, equivalent to at least
fifty percent (50%) of the ABC adjusted to
current prices using the National Statistic Office
consumer price index. However, contractors
under Small A and Small B categories without
similar experience on the contract to be bid
may be allowed to bid if the cost of such
contract is not more than fifty percent (50%) of
the Allowable Range of Contract Cost (ARCC) of
their registration based on the guidelines as
prescribed by the PCAB.
Form of Bid Security Amount of Bid
Security (Equal to
Percentage of the ABC)
(b) Bank Ten percent (10%)
draft/guarantee or
irrevocable letter of
credit issued by a
Universal or
Commercial Bank:
Provided, however,
that it shall be
 confirmed or
authenticated by a
Universal or
Commercial Bank, if
issued by a foreign
bank.
Philippine Bidding Documents
Clause 32.2, BDS for Infrastructure Projects
1. The amount of __________ [Insert 5% of
ABC], if performance security is in cash,
cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit;
2. The amount of __________ [Insert 30% of
ABC] if performance security is in Surety Bond;
27-2012 Section 23.4.3 of the IRR of RA 9184
If the procuring entity maintains a registry
system using the PhilGEPS or its own electronic
system, a prospective bidder, whether or not
duly registered in either system, shall submit a
written letter of intent and/or its application
for eligibility and latest Class “A” documents, to
the BAC on or before the deadline specified in
the Bidding Documents. Any application for
eligibility or updates submitted after the
deadline for the submission of the letter of
intent shall not be considered for the bidding at
hand.
Section 24.4.3.3 of the IRR of RA 9184
If the procuring entity maintains a registry
system using the PhilGEPS or its own electronic
system, a prospective bidder, whether or not
duly registered in either system, shall submit a
written letter of intent and/or its application
for eligibility and latest Class “A” documents, to
confirmed or
authenticated by a
Universal or
Commercial Bank, if
issued by a foreign
bank.
1. The amount of __________ [Insert 10% of
the Total Contract Price], if performance
security is in cash, cashier’s/manager’s check,
bank draft/guarantee or irrevocable letter of
credit;
2. The amount of __________ [Insert 30% of
the Total Contract Price] if performance
security is in Surety Bond;
- Deleted DELETE Section 23.4.3 of the revised
IRR of RA 9184, and the similar
provision under Section 24.4.3.3 of
the same IRR, requiring the
submission of a written LOI and/or
application of eligibility together with
the latest Class “A” Documents in
case the procuring entity maintains a
registry system using the PhilGEPS or
its own electronic system.
- Deleted
 the BAC on or before the deadline specified in
the Bidding Documents which shall in no case
be later than the date for the submission and
receipt of bids. Any application for eligibility or
updates submitted after the deadline for the
submission of the letter of intent shall not be
considered for the bidding at hand.
29-2012 Section 23.1(a)(iii) of the IRR of RA 9184
Statement of the prospective bidder of all its
ongoing and completed government and
private contracts, including contracts awarded
but not yet started, if any, whether similar or
not similar in nature and complexity to the
contract to be bid, within the relevant period as
provided in the Bidding Documents. The
statement shall include all information required
in the PBDs prescribed by the GPPB.
03-2013 Section 53.12 of the IRR of RA 9184
Where, in the interest of project sustainability
or to achieve certain specific social objectives,
it is desirable in selected project components to
call for participation of local communities in the
delivery of services, the procuring entity shall
propose the procedures, specifications, and
contract packaging which are subject to the
approval of the GPPB.
11-2013 Philippine Bidding Documents
“Statement of the prospective bidder of all its AMEND Section 23.1(a)(iii) of the IRR
ongoing government and private contracts, of RA 9184
including contracts awarded but not yet
started, if any, whether similar or not similar inTo interpret that failure to include an
nature and complexity to the contract to be immaterial ongoing contract or
bid, within the relevant period as provided in failure to disclose complete
the Bidding Documents; and information in the statement of
contracts shall result in the following:
Statement identifying the bidder’s single largest GPPB Resolution No. 2012, dated 23
completed contract similar to the contract to November 2012. Page 3 of 3
be bid, except under conditions provided for in
Section 23.5.1.3 of this IRR, within the relevant a. Disqualification of the bidder for
period as provided in the Bidding Documents in non-compliance with the eligibility
the case of goods. requirement under Sections 23.1 or
24.1 of the revised IRR.
All of the above statements shall include all
information required in the PBDs prescribed by b. Blacklisting under Section 65.3 (a)
the GPPB.” or (b) of the revised IRR.
Where, in the interest of project sustainability AMEND Section 53.12 of the IRR of
or to achieve certain specific social objectives, RA 9184
it is desirable in selected projects, or its
components, to call for participation of local DEVELOP AND FORMULATE
communities in the delivery of goods, including Guidelines to provide the procedures
non-consulting services, and simple for the implementation of the
infrastructure projects, subject to the projects through Community
guidelines to be issued by the GPPB. Participation pursuant to Section
53.12 of the revised IRR of RA 9184.
Clause 29.2, ITB for Goods
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398,
Series of 2005:
Philippine Bidding Documents
29.2(b), BDS for Goods
Specify whether Bidders have the option to
submit manually filed tax returns or tax returns
filed through the Electronic Filing and Payment
System (EFPS)
NOTE: The latest income and business tax
returns are those within the last six months
preceding the date of bid submission.
Philippine Bidding Documents
Clause 28.2, ITB for Infrastructure Projects
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398,
Series of 2005:
Philippine Bidding Documents
Clause 28.2(b), BDS for Infrastructure Projects
Specify whether Bidders have the option to
submit manually filed tax returns or tax returns
filed through the Electronic Filing and Payment
Within a non-extendible period of three (3) AMEND the PBD for Goods,
calendar days from receipt by the bidder of the Infrastructure Projects, and
notice from the BAC that it submitted the LCB, Consulting Services
the Bidder shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Only tax returns filed and taxes paid through EFFECTIVITY of the amendments to
the BIR Electronic Filing and Payment System the PBD for Goods, Infrastructure
(EFPS) shall be accepted. Projects, and Consulting Services
shall be on 15 June 2013
NOTE: The latest income and business tax
returns are those within the last six months
preceding the date of bid submission.
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Only tax returns filed and taxes paid through
the BIR Electronic Filing and Payment System
(EFPS) shall be accepted.
 System (EFPS)
NOTE: The latest income and business tax
returns are those within the last six months
preceding the date of bid submission.
NOTE: The latest income and business tax
returns are those within the last six months
preceding the date of bid submission.

Philippine Bidding Documents

Clause 27.2, ITB for Consulting Services
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:

(a) Tax clearance per Executive Order 398, (a) Tax clearance per Executive Order 398,
Series of 2005: Series of 2005, as finally reviewed and
approved by the BIR.

Philippine Bidding Documents

Clause 27.2(b), BDS for Consulting Services
Specify whether Bidders have the option to
submit manually filed tax returns or tax returns
filed through the Electronic Filing and Payment
System (EFPS)
NOTE: The latest income and business tax
returns are those within the last six months
preceding the date of bid submission.
Only tax returns filed and taxes paid through
the BIR Electronic Filing and Payment System
(EFPS) shall be accepted.
NOTE: The latest income and business tax
returns are those within the last six months
preceding the date of bid submission.

12-2013 Sections 23.6 and 24.6 of the IRR of RA 9184

Government corporate entities may be eligible
to participate in Competitive Bidding only if
they can establish that they (a) are legally and
financially autonomous, (b) operate under
commercial law, and (c) are not dependent
agencies of the GOP or the procuring entity.
The GPPB shall promulgate the necessary
guidelines for this provision.
GOCCs may be eligible to participate in
Competitive Bidding only if they can establish
that they (a) are legally and financially
autonomous, (b) operate under commercial
law, and (c) are not attached agencies of the
procuring entity.
AMEND Sections 23.6 and 24.6 of the
IRR of RA 9184 to use the term
GOCCs instead of GCEs, delete the
reference to GOP in item (c) thereof,
and replace the term “dependent”
with “attached”
Section 53.5 of the IRR of RA 9184
Procurement of infrastructure projects,
consulting services, and goods from another
agency of the GOP, such as the PS-DBM, which
is tasked with a centralized procurement of
Common-Use Supplies for the GOP in
accordance with Letters of Instruction No. 755
and Executive Order No. 359, series of 1989.
Procurement of infrastructure projects, AMEND Section 53.5 of the IRR of RA
consulting services, and goods from another 9184 and DELETE the second
agency of the GOP, such as the PS-DBM, which paragraph
is tasked with a centralized procurement of
Common-Use Supplies for the GOP in
accordance with Letters of Instruction No. 755
and Executive Order No. 359, series of 1989.

For purposes of this sub-section, the term

agency shall exclude GOCCs incorporated under
Batas Pambansa Blg. 68, otherwise known as
the “Corporation Code of the Philippines”. The
GPPB shall issue guidelines to implement this
provision.

Section 4(c) of the Implementing Guidelines on Agency-to-Agency Agreements

Servicing Agency shall refer to the agency Servicing Agency shall refer to the agency AMEND Section 4(c) of the
which delivers the goods, undertakes the which delivers the goods, undertakes the Implementing Guidelines on Agency-
infrastructure project, or provide consulting infrastructure project, or provide consulting to-Agency Agreements (Guidelines)
services. services. and DELETE the second paragraph
that excludes non-chartered GOCCs
However, in accordance with Section 53.5 of as Servicing Agencies
the IRR of R.A. 9184, as amended, GOCCs
incorporated under Batas Pambansa Blg. 68 or
the Corporation Code of the Philippines, which
are vested with proprietary functions to enable
them to compete with the private sector, are
excluded from the definition of Servicing
Agency, and thus, not qualified to act as
Servicing Agency under the 1st paragraph of
Section 53.5 of the IRR of R.A. 9184.

Scope and Application of the Implementing Guidelines on Agency-to-Agency Agreements

Infrastructure projects undertaken through the These guidelines shall govern the procurement AMEND the Scope and Application in
Armed Forces of the Philippines Corps of of infrastructure projects, consulting services, the Guidelines excluding the
Engineers (AFPCOE) which shall continue to be and goods from another agency of the GOP, engagement of PS-DBM from its
governed by the Guidelines on Implementation which includes all Departments, Bureaus, application
of Infrastructure Projects Undertaken by the Offices and Agencies of the National
 AFP Corps of Engineers under Government
Procurement Policy Board (GPPB) Resolution
No. 09-2005
20-2013 Section 23.1.(a)(vi) of the IRR of RA 9184
For purposes of determining the eligibility of
bidders using the criteria stated in Section 23.5
of this IRR, only the following documents shall
be required by the BAC, using the forms
prescribed in the Bidding Documents:
a) Class “A” Documents
...
Financial Documents
...
(vi) The prospective bidder’s computation for
its Net Financial Contracting Capacity (NFCC)
or a commitment from a Universal or
Commercial Bank to extend a credit line in
favor of the prospective bidder if awarded
the contract to be bid (CLC).
Section 23.5.1.4 of the IRR of RA 9184
If the prospective bidder submits a
Government, Government-Owned and/or
Controlled Corporations, Government
Financing Institutions, State Universities and
Colleges, and Local Government Units.
However, infrastructure projects undertaken
through the Armed Forces of the Philippines
Corps of Engineers (AFPCOE) which shall
continue to be governed by the Guidelines on
Implementation of Infrastructure Projects
Undertaken by the AFP Corps of Engineers
under Government Procurement Policy Board
(GPPB) Resolution No. 09-2005, are excluded
from the application of these guidelines.
For purposes of determining the eligibility of AMEND Sections 23.1(a)(vi), 23.5.1.4
bidders using the criteria stated in Section 23.5 and 23.5.2.6 of the IRR of RA 9184
of this IRR, only the following documents shall
be required by the BAC, using the forms
prescribed in the Bidding Documents:
a) Class “A” Documents
...
Financial Documents
...
(vi) The prospective bidder’s computation
for its Net Financial Contracting Capacity
(NFCC).
The computation of a prospective bidder’s
computation of its NFCC, the NFCC must be at
least equal to the ABC to be bid, calculated as
follows:
NFCC = [(Current assets minus current
liabilities) (K)] minus the value of all
outstanding or uncompleted portions of the
projects under ongoing contracts, including
awarded contracts yet to be started coinciding
with the contract to be bid.
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, and 20 for a
contract duration of more than two years.
If the prospective bidder submits a CLC, the CLC
must be at least equal to ten percent (10%) of
the ABC to be bid. If the CLC is issued by a
foreign Universal or Commercial Bank, it shall
be confirmed or authenticated by a Universal
or Commercial Bank. For biddings conducted by
LGUs, the prospective bidder may also submit
CLC from other banks certified by the BSP as
authorized to issue such financial instrument.
Section 23.5.2.6 of the IRR of RA 9184
If the prospective bidder submits a
computation of its NFCC, the NFCC must be at
least equal to the ABC to be bid, calculated as
follows:
NFCC = [(Current assets minus current
liabilities) (K)] minus the value of all
outstanding or uncompleted portions of the
projects under ongoing contracts, including
awarded contracts yet to be started coinciding
with the contract to be bid.
Where: K = 10 for a contract duration of one
NFCC must be at least equal to the ABC to be
bid, calculated as follows:
NFCC = [(Current assets minus current
liabilities) (K)] minus the value of all
outstanding or uncompleted portions of the
projects under ongoing contracts, including
awarded contracts yet to be started coinciding
with the contract to be bid.
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, and 20 for a
contract duration of more than two years.
The values of the bidder’s current assets and
current liabilities shall be based on the data
submitted to the BIR, through its Electronic
Filing and Payment System (EFPS).
The computation of a prospective bidder’s
NFCC must be at least equal to the ABC to be
bid, calculated as follows:
NFCC = [(Current assets minus current
liabilities) (K)] minus the value of all
outstanding or uncompleted portions of the
projects under ongoing contracts, including
awarded contracts yet to be started coinciding
with the contract to be bid.
Where: K = 10 for a contract duration of one
year or less, 15 for a contract duration of more
year or less, 15 for a contract duration of more
than one year up to two years, and 20 for a
contract duration of more than two years.
If the prospective bidder submits a CLC, the CLC
must be at least equal to ten percent (10%) of
the ABC to be bid. If the CLC is issued by a
foreign Universal or Commercial Bank, it shall
be confirmed or authenticated by a Universal
or Commercial Bank. For biddings conducted by
LGUs, the prospective bidder may also submit
CLC from other banks certified by the BSP as
authorized to issue such financial instrument.
Philippine Bidding Documents
Clause 5.5, ITB for Goods
The Bidder must submit a computation of its
Net Financial Contracting Capacity (NFCC) or a
commitment from a Universal or Commercial
Bank to extend a credit line in its favor if
awarded the contract for this Project (CLC).
The NFCC, computed using the following
formula, must be at least equal to the ABC to
be bid:
NFCC = [(Current assets minus current
liabilities) (K)] minus the value of all
outstanding or uncompleted portions of the
projects under ongoing contracts, including
awarded contracts yet to be started coinciding
with the contract for this Project.
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, and 20 for a
contract duration of more than two years.
The CLC must be at least equal to ten percent
(10%) of the ABC for this Project. If issued by a
than one year up to two years, and 20 for a
contract duration of more than two years.
The values of the bidder’s current assets and
current liabilities shall be based on the data
submitted to the BIR, through its Electronic
Filing and Payment System (EFPS).
The Bidder must submit a computation of its AMEND Clauses 5.5 and 12.1(a)(v) of
Net Financial Contracting Capacity (NFCC), the Instructions to Bidders of the
which must be at least equal to the ABC to be Philippine Bidding Documents for
bid, calculated as follows: Goods, and Clauses 5.5 and
12.1(a)(vi) of the Instructions to
NFCC = [(Current assets minus current Bidders of the Philippine Bidding
liabilities) (K)] minus the value of all Documents for Infrastructure
outstanding or uncompleted portions of the Projects
projects under ongoing contracts, including
awarded contracts yet to be started coinciding
with the contract to be bid.
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, and 20 for a
contract duration of more than two years.
The values of the bidder’s current assets and
current liabilities shall be based on the data
submitted to the BIR, through its Electronic
Filing and Payment System (EFPS).
foreign bank, it shall be confirmed or
authenticated by a Universal or Commercial
Bank. In the case of local government units
(LGUs), the Bidder may also submit CLC from
other banks certified by the Bangko Sentral ng
Pilipinas (BSP) as authorized to issue such
financial instrument.
Philippine Bidding Documents
Clause 12.1(a)(v), ITB for Goods
12. Documents Comprising the Bid: Eligibility
and Technical Components
12.1. Unless otherwise indicated in the BDS,
the first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
...
(v) NFCC computation or CLC in accordance
with ITB Clause 5.5;
Philippine Bidding Documents
Clause 12.1(a)(vi), ITB for Infrastructure Projects
12. Documents Comprising the Bid: Eligibility
and Technical Components
12.1. Unless otherwise indicated in the BDS,
the first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
12. Documents Comprising the Bid: Eligibility AMEND Clauses 5.5 and 12.1(a)(v) of
and Technical Components the Instructions to Bidders of the
Philippine Bidding Documents for
12.1. Unless otherwise indicated in the BDS, Goods, and Clauses 5.5 and
the first envelope shall contain the following 12.1(a)(vi) of the Instructions to
eligibility and technical documents: Bidders of the Philippine Bidding
Documents for Infrastructure
(a) Eligibility Documents – Projects
Class “A” Documents:
...
(v) NFCC computation in accordance with ITB
Clause 5.5;
12. Documents Comprising the Bid: Eligibility
and Technical Components
12.1. Unless otherwise indicated in the BDS,
the first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
 ...
(vi) NFCC computation or CLC in accordance
with ITB Clause 5.5;
21-2013 Section 23.1(a) of the IRR of RA 9184
For purposes of determining the eligibility of
bidders using the criteria stated in Section 23.5
of this IRR, only the following documents shall
be required by the BAC, using the forms
prescribed in the Bidding Documents:
a) Class “A” Documents
Legal Documents
(i) Registration certificate from SEC,
Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives,
or any proof of such registration as stated in
the Bidding Documents.
(ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located.
Section 24.1(a) of the IRR of RA 9184
For purposes of determining the eligibility and
short list of bidders in accordance with Sections
24.4 and 24.5 of this IRR, only the following
documents shall be required by the BAC, using
the forms prescribed in the Bidding Documents:
a) Class “A” Documents
...
(vi) NFCC computation in accordance with
ITB Clause 5.5;
For purposes of determining the eligibility of AMEND Sections 23.1(a), 24.1(a) and
bidders using the criteria stated in Section 23.5 34.2 of the IRR of RA 9184
of this IRR, only the following documents shall
be required by the BAC, using the forms
prescribed in the Bidding Documents:
a) Class “A” Documents
Legal Documents
(i) Registration certificate from SEC,
Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives,
or any proof of such registration as stated in
the Bidding Documents.
(ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located.
(iii) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
For purposes of determining the eligibility and
short list of bidders in accordance with Sections
24.4 and 24.5 of this IRR, only the following
documents shall be required by the BAC, using
the forms prescribed in the Bidding Documents:
a) Class “A” Documents
 Legal Documents
(i) Registration certificate from SEC,
Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives,
or any proof of such registration as stated in
the Bidding Documents;
(ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
Section 34.2(a) of the IRR of RA 9184
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
a) Tax clearance;
b) Latest income and business tax returns;
c) Certificate of PhilGEPS Registration; and
d) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
Philippine Bidding Documents
Clause 12.1(a), ITB for Goods
“Unless otherwise indicated in the BDS, the
Legal Documents
(i) Registration certificate from SEC,
Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives,
or any proof of such registration as stated in
the Bidding Documents;
(ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
and,
(iii) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
a) Latest income and business tax returns;
b) Certificate of PhilGEPS Registration; and,
c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
“Unless otherwise indicated in the BDS, the AMEND Clauses 12.1(a) and 29.2 of
first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
the ITB, PBDs for Goods; Clauses
12.1(a) and 28.2 of the ITB, PBDs for
Infrastructure Projects; and Clause
2.1 of the Eligibility Documents and
Clause 27.2 of the ITB, PBDs for
Consulting Services

... ...

(v) NFCC computation or CLC in accordance (v) NFCC computation in accordance with ITB
with ITB Clause 5.5; Clause 5.5; and,

(vi) Tax clearance per Executive Order 398,

Series of 2005, as finally reviewed and
approved by the BIR.

Philippine Bidding Documents

Clause 29.2, ITB for Goods
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:

(a) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR;
(b) Latest income and business tax returns in
the form specified in the BDS;
(c) Certificate of PhilGEPS Registration; and
(d) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Bidder declared as Lowest
Calculated Bid to duly submit the requirements
under this Clause or a finding against the
veracity of such shall be ground for forfeiture of
the bid security and disqualification of the
Bidder for award.
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration; and
(c) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Bidder declared as Lowest
Calculated Bid to duly submit the
requirements under this Clause or a finding
against the veracity of such shall be ground for
forfeiture of the bid security and
disqualification of the Bidder for award.
Philippine Bidding Documents
Clause 12.1(a), ITB for Infrastructure Projects
“Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
...
(v) NFCC computation or CLC in accordance
with ITB Clause 5.5;
Philippine Bidding Documents
Clause 28.2, ITB for Infrastructure Projects
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR;
(b) Latest income and business tax returns in
the form specified in the BDS;
(c) Certificate of PhilGEPS Registration; and
(d) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Bidder declared as Lowest
Calculated Bid to duly submit the requirements
under this Clause or a finding against the
veracity of such shall be ground for forfeiture of
“Unless otherwise indicated in the BDS, the
first envelope shall contain the following
eligibility and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
...
(v) NFCC computation in accordance with ITB
Clause 5.5; and,
(vi) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration; and
(c) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Bidder declared as Lowest
Calculated Bid to duly submit the requirements
under this Clause or a finding against the
veracity of such shall be ground for forfeiture of
the bid security and disqualification of the
Bidder for award.
the bid security and disqualification of the
Bidder for award.
Philippine Bidding Documents
Clause 2.1(a), Eligibility Documents for Consulting Services
“The following eligibility requirements shall be
submitted on or before the date of the
eligibility check specified in the Request for
Expression of Interest and Clause 5 for
purposes of determining eligibility of
prospective bidders:
a) Class “A” Documents:
Legal Documents
...
(ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
Philippine Bidding Documents
Clause 27.2, ITB for Consulting Services
Within a non-extendible period of three (3)
calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR;
(b) Latest income and business tax returns in
“The following eligibility requirements shall be
submitted on or before the date of the
eligibility check specified in the Request for
Expression of Interest and Clause 5 for
purposes of determining eligibility of
prospective bidders:
a) Class “A” Documents:
Legal Documents
...
(ii) Mayor’s permit issued by the city or
municipality where the principal place of
business of the prospective bidder is located;
and,
(iii) Tax clearance per Executive Order 398,
Series of 2005, as finally reviewed and
approved by the BIR.
Within a non-extendible period of three (3)
calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration; and
(c) Other appropriate licenses and permits
 the form specified in the BDS;
(c) Certificate of PhilGEPS Registration; and
(d) Other appropriate licenses and permits
required by law and stated in the BDS.
Failure of the Consultant declared as HRB to
duly submit the requirements under this Clause
or a finding against the veracity of such, shall
be ground for forfeiture of the bid security and
disqualification of the Consultant for award.
22-2013 Sections 25.2(a)(iv), 25.2(b)(iv) and 25.2(c)(vi) of the IRR of RA 9184
The first envelope shall contain the following
technical information/documents, at the least:
...
(iv) Sworn statement by the prospective
bidder or its duly authorized representative in
the form prescribed by the GPPB as to the
following:
(1) It is not “blacklisted” or barred from
bidding by the GOP or any of its agencies,
offices, corporations, or LGUs, including
foreign government/foreign or international
financing institution whose blacklisting rules
have been recognized by the GPPB;
...
(7) It complies with existing labor laws and
standards, in the case of procurement of
services.
Omnibus Sworn Statement
required by law and stated in the BDS.
Failure of the Consultant declared as HRB to
duly submit the requirements under this Clause
or a finding against the veracity of such, shall
be ground for forfeiture of the bid security and
disqualification of the Consultant for award.
The first envelope shall contain the following AMEND Sections 25.2(a)(iv),
technical information/documents, at the least: 25.2(b)(iv) and 25.2(c)(vi) of the IRR
of RA 9184
...
(iv) Sworn statement by the prospective
bidder or its duly authorized representative in
the form prescribed by the GPPB as to the
following:
(1) It is not “blacklisted” or barred from
bidding by the GOP or any of its agencies,
offices, corporations, or LGUs, including
foreign government/foreign or international
financing institution whose blacklisting rules
have been recognized by the GPPB;
...
(8) It did not give or pay, directly or
indirectly, any commission, amount, fee, or
any form of consideration, pecuniary or
otherwise, to any person or official,
personnel or representative of the
government in relation to any procurement
project or activity.
 See attached file.
25-2013 Section 27.2 of the IRR of RA 9184
“The bid security shall be in an amount equal to
a percentage of the ABC in accordance with the
following schedule:
… Declaration provided in Section 27.5 of this
For biddings conducted by LGUs, the
prospective bidder may also submit bid
securities in the form of cashier’s/manager’s
check, bank draft/guarantee, or irrevocable
letter of credit from other banks certified by
the BSP as authorized to issue such financial
instrument.”
Section 27.5 of the IRR of RA 9184
In lieu of a bid security mentioned in Section
27.2 above, the bidder may submit a Bid
Securing Declaration that is an undertaking
which states, among others, that the bidder
shall enter into contract with the procuring
entity and furnish the required performance
security within ten (10) calendar days, or less,
as indicated in the Bidding Documents, from
receipt of the Notice of Award, and committing
to pay the corresponding fine and be
suspended for a period of time from being
qualified to participate in any government
activity in the event it violates any of the
conditions stated therein as required in the
guidelines issued by the GPPB.
Section 39.2 of the IRR of RA 9184
See attached file. AMEND the prescribed Omnibus
Sworn Statement template in the
Philippine Bidding Documents
“The procuring entity shall indicate in the AMEND Sections 27.2, 27.5 and 39.2
Bidding Documents the acceptable forms of of the IRR of RA 9184
bid security that bidders may opt to use,
which shall include the Bid Securing
IRR and at least one (1) other form, the
amount of which shall be equal to a percentage
of the ABC in accordance with the following
schedule:
…
For biddings conducted by LGUs, the procuring
entity may also require bidders to submit bid
securities in the form of…
A Bid Securing Declaration is an undertaking
which states, among others, that the bidder
shall enter into contract with the procuring
entity and furnish the required performance
security within ten (10) calendar days, or less,
as indicated in the Bidding Documents, from
receipt of the Notice of Award, and committing
to pay the corresponding fine and be
suspended for a period of time from being
qualified to participate in any government
activity in the event it violates any of the
conditions stated therein as required in the
guidelines issued by the GPPB.
“The performance security shall be in an
amount be equal to a percentage of the total
contract price in accordance with the following
schedule:
...
For biddings conducted by LGUs, the
prospective bidder may also submit
performance securities in the form of
cashier’s/manager’s check, bank
draft/guarantee, or irrevocable letter of credit
from other banks certified by the BSP as
authorized to issue such financial instrument.”
“The procuring entity shall indicate in the
Bidding Documents at least two (2) acceptable
forms of performance security taken from two
(2) categories below, that bidders may opt to
use, the amount of which shall be equal to a
percentage of the total contract price in
accordance with the following schedule:
...
For biddings conducted by LGUs, the procuring
entity may also require bidders to submit
performance securities in the form of …

Philippine Bidding Documents

Clause 12.1(b)(i), ITB for Goods and Infrastructure Projects
Unless otherwise indicated in the BDS, the first Unless otherwise indicated in the BDS, the first AMEND Clauses 12.1(b)(i), 18.1 and
envelope shall contain the following eligibility envelope shall contain the following eligibility 33.2 of the ITB and BDS of the PBDs
and technical documents: and technical documents: for Goods; Clauses 12.1(b)(i), 18.1
and 32.2 of the ITB and BDS of the
... ... PBDs for Infrastructure Projects; and
Clauses 10.2(a), 15.1 and 31.2 of the
(b) Technical Documents – (b) Technical Documents – ITB and BDS of the PBDs for
(i) Bid security in accordance with ITB Clause (i) Bid security in accordance with ITB Clause Consulting Services
18. If the Bidder opts to submit the bid 18. If the Procuring Entity requires the
security in the form of: bidders to submit the bid security in the
form of:
Philippine Bidding Documents
Clause 10.2(a), ITB for Consulting Services
The Technical Proposal shall contain the The Technical Proposal shall contain the
following information/documents: following information/documents:

(a) Bid security as prescribed in ITB Clause 15. If (a) Bid security as prescribed in ITB Clause 15. If
the Bidder opts to submit the bid security in the the Procuring Entity requires the bidders to
form of: submit the bid security in the form of:

Philippine Bidding Documents

Clause 18.1, ITB for Goods and Infrastructure Projects
Clause 15.1, ITB for Consulting Services
The bid security in the amount stated in the
BDS shall be equal to the percentage of the
ABC in accordance with the following schedule:
… (1) other form, the amount of which shall be
For biddings conducted by LGUs, the
prospective bidder may also submit bid
securities in the form of cashier’s/manager’s
check, bank draft/guarantee, or irrevocable
letter of credit from other banks certified by
the BSP as authorized to issue such financial
instrument.”
Philippine Bidding Documents
Clause 33.2, ITB for Goods;
Clause 32.2, ITB for Infrastructure Projects
Clause 31.1, ITB for Consulting Services
The performance security shall be denominated
in Philippine Pesos and posted in favor of the
Procuring Entity in an amount equal to the
percentage of the total contract price in
accordance with the following schedule:
Philippine Bidding Documents
Clause 18.1, BDS for Goods and Infrastructure Projects
Clause 15.1, BDS for Consulting Services
The bid security shall be in the following
amount:
… amount:
3. Any combination of the foregoing
proportionate to the share of form with
respect to total amount of security.
The procuring entity shall prescribe in the BDS
the acceptable forms of bid security that
bidders may opt to use, which shall include
the Bid Securing Declaration and at least one
equal to a percentage of the ABC in accordance
with the following schedule:
…
For biddings conducted by LGUs, the procuring
entity may also require bidders to submit bid
securities in the form of…
The procuring entity shall prescribe at least
two (2) acceptable forms of performance
security taken from two (2) categories below
that bidders may opt to use, denominated in
Philippine Pesos and posted in favor of the
Procuring Entity...
The bid security shall be limited to Bid
Securing Declaration and at least one (1) other
form in accordance with the following
…
3. Any combination of the foregoing
proportionate to the share of form with
respect to total amount of security.
30-2013 Section 34.2 of the IRR of RA 9184
34.2. Within three (3) calendar days from
receipt by the bidder of the notice from the
BAC that the bidder has the Lowest Calculated
Bid or Highest Rated Bid, the bidder shall
submit the following documentary
requirements to the BAC:
a) Tax clearance;
b) Latest income tax returns;
c) Certificate of PhilGEPS Registration,
provided that participating bidders should
register with the PhilGEPS prior to bid
opening; and
d) Other licenses and permits required by law
and stated in the Bidding Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.
34.2. Within three (3) calendar days from
receipt by the bidder of the notice from the
BAC that the bidder has the Lowest Calculated
Bid or Highest Rated Bid, the bidder shall
submit the following documentary
requirements to the BAC:
a) Latest income and business tax returns;
b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the
procuring entity is a Philippine foreign
office or post, provided that participating
bidders should register with the PhilGEPS
prior to bid opening; and
c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents.
Failure to submit the above requirements on
time or a finding against the veracity of such
shall be ground for the forfeiture of the bid
security and disqualify the bidder for award.

Section 54.6 of the IRR of RA 9184

54.6. Manufacturers, suppliers, distributors,
contractors, and/or consultants are mandated
to register with PhilGEPS and provide a
PhilGEPS Registration number in the following
alternative methods of procurement as a
condition for award of the contract:
INLCUDE a new provision relative to
the requirement of PhilGEPS
Registration in Alternative Methods
of Procurement under Section 54.6 of
the IRR of RA 9184

(a) Section 49 Limited Source Bidding

(b) Section 50 Direct Contracting
(c) Section 51 Repeat Order
(d) Section 52.1 (b) Shopping for Ordinary
Office Supplies and Equipment not available
in the Procurement Service
(e) Section 53.1 Two Failed Bidding

04-2014 Section 23.2 of the IRR of RA 9184
Subject to Section 37.1 of this IRR, in the case
of foreign bidders, the foregoing eligibility
requirements under Class “A” Documents may
be substituted by the appropriate equivalent
documents, if any, issued by the country of the
foreign bidder concerned. The eligibility
requirements or statements, the bids, and all
other documents to be submitted to the BAC
must be in English. A translation of the
documents in English certified by the
appropriate embassy or consulate in the
Philippines must accompany the eligibility
requirements under Class “A” and “B”
Documents if they are in other foreign
language.
(f) Section 53.3 Take Over of Contracts
(g) Section 53.4 Adjacent and Contiguous
(h) Section 53.9 Small Value Procurement
(i) Section 53.10 Lease of Real Property
(j) Section 53.11 NGO Participation
EXCEPT for the following:
(a) Section 52.1 (a) Shopping under
Unforeseen Contingency
(b) Section 53.2 Emergency Cases
(c) Section 53.5 Agency to Agency Agreements
(d) Section 63.6 Procurement Agent (except
private procurement agents)
(e) Section 53.7 Highly Technical Consultants
(f) Section 53.8 Defense Cooperation
Agreement
(g) Section 53.12 Community Participation
(h) Section 53.13 United Nations Agency
Subject to Section 37.1 of this IRR, in the case
of foreign bidders, the foregoing eligibility
requirements under Class “A” Documents may
be substituted by the appropriate equivalent
documents, if any, issued by the country of the
foreign bidder concerned. The eligibility
requirements or statements, the bids, and all
other documents to be submitted to the BAC
must be in English. If the eligibility
requirements or statements, the bids, and all
other documents submitted to the BAC are in
foreign language other than English, it must be
accompanied by a translation of the
documents in English. The documents shall be
translated by the relevant foreign government
agency, the foreign government agency
authorized to translate documents, or a
registered translator in the foreign bidder’s
country; and shall be authenticated by the

Section 24.2 of the IRR of RA 9184
In the case of foreign consultants, the foregoing
eligibility requirements under Class “A”
Documents may be substituted by the
appropriate equivalent documents, if any,
issued by the foreign consultant’s country. The
eligibility requirements or statements, the bids,
and all other documents to be submitted to the
BAC must be in English. A translation of the
documents in English certified by the
appropriate embassy or consulate in the
Philippines must accompany the eligibility
requirements under Class “A” and “B”
Documents if they are in other foreign
language.
Philippine Bidding Documents
Clause 11, ITB for Goods and Infrastructure Projects
The bid, as well as all correspondence and
documents relating to the bid exchanged by the documents relating to the bid exchanged by the
Bidder and the Procuring Entity, shall be
written in English. Supporting documents and
printed literature furnished by the Bidder may
be in another language provided they are
accompanied by an accurate translation in
English certified by the appropriate embassy or accompanied by a translation of the
appropriate Philippine foreign service
establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s
affairs in the Philippines.
In the case of foreign consultants, the foregoing
eligibility requirements under Class “A”
Documents may be substituted by the
appropriate equivalent documents, if any,
issued by the foreign consultant’s country. The
eligibility requirements or statements, the bids,
and all other documents to be submitted to the
BAC must be in English. If the eligibility
requirements or statements, the bids, and all
other documents submitted to the BAC are in
foreign language other than English, it must be
accompanied by a translation of the
documents in English. The documents shall be
translated by the relevant foreign government
agency, the foreign government agency
authorized to translate documents, or a
registered translator in the foreign bidder’s
country; and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s
affairs in the Philippines.
The bid, as well as all correspondence and
Bidder and the Procuring Entity, shall be
written in English. If the eligibility
requirements or statements, the bids, and all
other documents submitted to the BAC are in
foreign language other than English, it must be
consulate in the Philippines, in which case the
English translation shall govern for purposes of
interpretation of the bid.
Philippine Bidding Documents
Clause 2.3, Eligibility Documents for Consulting Services
Clause 2.3. The eligibility requirements or
statements and all other documents to be
submitted to the BAC must be in English. A
translation of the documents in English
certified by the appropriate embassy or
consulate in the Philippines must accompany
the eligibility requirements under Classes “A”
and “B” Documents if they are in other foreign
language.
Philippine Bidding Documents
Clause 9, ITB for Consulting Services
The Bid, as well as all correspondence and
documents relating to the bid exchanged by the
Consultant and the Procuring Entity, shall be
written in English. Supporting documents and
documents in English. The documents shall be
translated by the relevant foreign government
agency, the foreign government agency
authorized to translate documents, or a
registered translator in the foreign bidder’s
country; and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s
affairs in the Philippines. The English
translation shall govern, for purposes of
interpretation of the bid.
Clause 2.3. The eligibility requirements or
statements and all other documents to be
submitted to the BAC must be in English. If the
eligibility requirements or statements, the
bids, and all other documents submitted to
the BAC are in foreign language other than
English, it must be accompanied by a
translation of the documents in English. The
documents shall be translated by the relevant
foreign government agency, the foreign
government agency authorized to translate
documents, or a registered translator in the
foreign bidder’s country; and shall be
authenticated by the appropriate Philippine
foreign service establishment/post or the
equivalent office having jurisdiction over the
foreign bidder’s affairs in the Philippines.
The Bid, as well as all correspondence and
documents relating to the bid exchanged by the
Consultant and the Procuring Entity, shall be
written in English. If the eligibility
 printed literature furnished by the Consultant
may be in another language provided they are
accompanied by an accurate translation in
English certified by the appropriate embassy or
consulate in the Philippines, in which case the
English translation shall govern, for purposes of
interpretation of the bid.
15-2014 Section 5 Guidelines on the Use of Bid Securing Declaration
GROUNDS FOR ENFORCEMENT OF BID
SECURING DECLARATION.
The Bid Securing Declaration shall be enforced
when the bidder commits any of the following:
a) Withdraws its bid during the period of
bid validity required in the bidding
documents; or
b) Fails or refuses to accept the award and
enter into contract or perform any and
all the act necessary to 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.
Section 6 Guidelines on the Use of Bid Securing Declaration
PENALTIES
requirements or statements, the bids, and all
other documents submitted to the BAC are in
foreign language other than English, it must be
accompanied by a translation of the
documents in English. The documents shall be
translated by the relevant foreign government
agency, the foreign government agency
authorized to translate documents, or a
registered translator in the foreign bidder’s
country; and shall be authenticated by the
appropriate Philippine foreign service
establishment/post or the equivalent office
having jurisdiction over the foreign bidder’s
affairs in the Philippines. The English
translation shall govern, for purposes of
interpretation of the bid.
GROUNDS FOR ENFORCEMENT OF BID
SECURING DECLARATION.
The Bid Securing Declaration shall be enforced
when the bidder commits any act resulting to
the forfeiture of bid security under Sections
23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of
the IRR of RA 9184.
PENALTIES
Commission of any of the acts mentioned in
Section 5 of these Guidelines shall merit the
following sanctions:
a) Penalty of automatic blacklisting for two (2)
years in all government procurement
activities;
b) Payment of fine equivalent to the amount
subject to the following rules:
i) In case of multiple bidders, the
difference between the evaluated bid
prices of the bidder with the Lowest
Calculated/Highest Rated Bid and the
bidder with the next Lowest
Calculated/Highest Rated Bid, and so
on. However, as regards the bidder
with the highest calculated/lowest
rated bid, the amount shall be based on
the difference between the evaluated
bid price and the Approved Budget for
the Contract;
ii) In case of a single bidder, the difference
between the evaluated bid price and
the Approved Budget for the Contract.
Commission of any of the acts mentioned in
Section 5 of these Guidelines shall merit the
following sanctions:
b) Penalty of automatic blacklisting for two (2)
years in all government procurement
activities;
c) Payment of fine equivalent to the amount
subject to the following rules:
i) In case of multiple bidders:
Two Percent (2%) of the Approved
Budget for the Contract (ABC) or the
Difference between the evaluated bid
prices of the bidder with the Lowest
Calculated/Highest Rated Bid and the
bidder with the next Lowest
Calculated/Highest Rated Bid, and so
on, whichever is HIGHER;
As regards the bidder with the Highest
Calculated/Lowest Rated Bid, the
amount shall be Two Percent (2%) of
the ABC or the Difference between the
evaluated bid price and the ABC,
whichever is HIGHER;
ii) In case of a single bidder:
Two Percent (2%) of the ABC or the
Difference between the evaluated bid
price and the Approved Budget for the
Contract, whichever is HIGHER.
iii) Violations committed prior to opening
of financial envelope:
A fix amount equivalent to two
 percent (2%) of the ABC.

iv) The bidder shall pay the above-

mentioned fine within fifteen (15) days
from receipt of the written demand by
the procuring entity as a result of the
violation of the conditions in the Bid
Securing Declaration.

v) The imposition of the foregoing fine is

without prejudice to other legal action
the government may undertake
against the erring bidder.

Paragraph 2 of the Standard Format of Bid Securing Declaration

2. I/We accept that: (a) I/we will be 2. I/We accept that: (a) I/we will be
automatically disqualified from bidding for any automatically disqualified from bidding for any
contract with any procuring entity for a period contract with any procuring entity for a period
of two (2) years upon receipt of your of two (2) years upon receipt of your
Blacklisting Order; and, (b) I/we will pay the Blacklisting Order; and, (b) I/we will pay the
applicable fine provided under Section 6 of the applicable fine provided under Section 6 of the
Guidelines on the Use of Bid Securing Guidelines on the Use of Bid Securing
Declaration, if I/we have committed any of the Declaration, within fifteen (15) days from
following actions: receipt of the written demand by the
procuring entity for the commission of acts
(i) Withdrawn my/our Bid during the period of resulting to the enforcement of the bid
bid validity required in the Bidding securing declaration under Sections 23.1(b),
Documents; or 34.2, 40.1 and 69.1, except 69.1(f), of the IRR
of RA 9184; without prejudice to other legal
(ii) Fail or refuse to accept the award and enter action the government may undertake.
into contract or perform any and all acts
necessary to the execution of the Contract,
in accordance with the Bidding Documents
after having been notified of your
acceptance of our Bid during the period of
bid validity.

16-2014 Section 23.1(a)(iv) of the IRR of RA 9184

Statement of the prospective bidder of all its Statement of the prospective bidder of all its
ongoing government and private contracts, ongoing government and private contracts,
including contracts awarded but not yet including contracts awarded but not yet
started, if any, whether similar or not similar in started, if any, whether similar or not similar in
nature and complexity to the contract to be nature and complexity to the contract to be
bid, within the relevant period as provided in bid; and
the Bidding Documents; and
Statement identifying the bidder’s single largest
Statement identifying the bidder’s single largest completed contract similar to the contract to
completed contract similar to the contract to be bid, except under conditions provided for in
be bid, except under conditions provided for in Sec. 23.5.1.3 of this IRR, within the relevant
Sec. 23.5.1.3 of this IRR, within the relevant period as provided in the Bidding Documents in
period as provided in the Bidding Documents in the case of goods.
the case of goods.
All of the above statements shall include all
All of the above statements shall include all information required in the PBDs prescribed by
information required in the PBDs prescribed by the GPPB.
the GPPB.

Philippine Bidding Documents

Clause 12.1, ITB for Goods
Unless otherwise indicated in the BDS, the first Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility envelope shall contain the following eligibility
and technical documents: and technical documents:

(a) Eligibility Documents – (a) Eligibility Documents –

Class “A” Documents: Class “A” Documents:

… …

(iii) Statement of all its ongoing and completed
government and private contracts within
the period stated in the BDS, including
contracts awarded but not yet started, if
any. The statement shall include, for each
contract, the following…
(iii) Statement of all its ongoing government
and private contracts, including contracts
awarded but not yet started, if any, whether
similar or not similar in nature and complexity
to the contract to be bid; and
Statement identifying the bidder’s single
largest completed contract similar to the
contract to be bid, except under conditions
provided for in Sec. 23.5.1.3 of the IRR, within

Philippine Bidding Documents
Clause 12.1(a)(iii), BDS for Goods
The statement of all ongoing and completed
government and private contracts shall include
all such contracts within [state relevant period
as provided in the Invitation to Bid] prior to the
deadline for the submission and receipt of bids.
Philippine Bidding Documents
No. 2, IB for Infrastructure Projects
The [insert name of Procuring Entity] now
invites bids for [insert brief description of
Works to be procured]. Completion of the
Works is required [insert the required
completion date or expected contract
duration]. Bidders should have completed,
within ten (10) years from the date of
submission and receipt of bids, a contract
similar to the Project. The description of an
eligible bidder is contained in the Bidding
Documents, particularly, in Section II.
Instructions to Bidders.
Philippine Bidding Documents
Clause 5.4.(a), ITB for Infrastructure Projects
Unless otherwise provided in the BDS, the
Bidder must have completed, within ten (10)
years from the submission of bids, a single
contract that is similar to this Project,
equivalent to at least fifty percent (50%) of the
ABC adjusted to current prices using the
National Statistics Office consumer price index.
Philippine Bidding Documents
the relevant period as provided in the BDS.
The statement shall include, for each contract,
the following…
The statement of all ongoing government and DELETE “and completed”
private contracts shall include all such contracts
within [state relevant period as provided in the
Invitation to Bid] prior to the deadline for the
submission and receipt of bids.
The [insert name of Procuring Entity] now
invites bids for [insert brief description of
Works to be procured]. Completion of the
Works is required [insert the required
completion date or expected contract
duration]. Bidders should have completed a
contract similar to the Project. The description
of an eligible bidder is contained in the Bidding
Documents, particularly, in Section II.
Instructions to Bidders.
Clause 5.4.(a) Unless otherwise provided in the
BDS, the Bidder must have completed a single
contract that is similar to this Project,
equivalent to at least fifty percent (50%) of the
ABC adjusted to current prices using the
National Statistics Office consumer price index.
 Clause 12.1, ITB for Infrastructure Projects
Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility
and technical documents:
(b) Eligibility Documents –
Class “A” Documents:
… …
(iv) Statement of all its ongoing and completed
government and private contracts within 10
years from the submission of bids, including
contracts awarded but not yet started, if
any. The statement shall include, for each
contract, the following…
23-2014 Section 34.2 of the IRR of RA 9184
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
a) Latest income and business tax returns;
b) Certificate of PhilGEPS Registration; and,
c) Other appropriate licenses and permits
required by law and stated in the Bidding
Documents...
Unless otherwise indicated in the BDS, the first
envelope shall contain the following eligibility
and technical documents:
(a) Eligibility Documents –
Class “A” Documents:
(iii) Statement of all its ongoing government
and private contracts, including contracts
awarded but not yet started, if any, whether
similar or not similar in nature and complexity
to the contract to be bid; and
Statement identifying the bidder’s single
largest completed contract similar to the
contract to be bid.
The statement shall include, for each contract,
the following…
Within three (3) calendar days from receipt by
the bidder of the notice from the BAC that the
bidder has the Lowest Calculated Bid or Highest
Rated Bid, the bidder shall submit the following
documentary requirements to the BAC:
a) Latest income and business tax returns;
b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the procuring
entity is a Philippine foreign office or post,
provided that participating bidders should
register with the PhilGEPS prior to bid
opening; and
c) Other appropriate licenses and permits
required by law and stated in the Bidding

Philippine Bidding Documents
Clause 29.2, ITB for Goods
Clause 28.2, ITB for Infrastructure Projects
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration; and
(c) Other appropriate licenses and permits
required by law and stated in the BDS…
Philippine Bidding Documents
Clause 27.2, ITB for Consulting Services
Within a non-extendible period of three (3)
calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration; and
(c) Other appropriate licenses and permits
required by law and stated in the BDS…
Documents…
Within a non-extendible period of three (3)
calendar days from receipt by the bidder of the
notice from the BAC that it submitted the LCB,
the Bidder shall submit the following
documentary requirements:
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the procuring
entity is a Philippine foreign office or post,
provided that participating bidders should
register with the PhilGEPS prior to bid
opening; and
(c) Other appropriate licenses and permits
required by law and stated in the BDS…
Within a non-extendible period of three (3)
calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
documentary requirements:
(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration or
PhilGEPS Registration Number if the procuring
entity is a Philippine foreign office or post,
provided that participating bidders should
register with the PhilGEPS prior to bid
opening; and
(c) Other appropriate licenses and permits
required by law and stated in the BDS…
29-2014 Section 23.1(b) of the IRR of RA 9184
Class “B” Document
Valid joint venture agreement (JVA), in case the
joint venture is already in existence. In the
absence of a JVA, duly notarized statements
from all the potential joint venture partners
stating that they will enter into and abide by
the provisions of the JVA in the instance that
the bid is successful shall be included in the bid.
Failure to enter into a joint venture in the event
of a contract award shall be ground for the
forfeiture of the bid security. Each partner of
the joint venture shall submit the legal
eligibility documents. The submission of
technical and financial eligibility documents by
any of the joint venture partners constitutes
compliance.
Philippine Bidding Documents
Clause 12.1(a)(viii), ITB for Infrastructure Projects
Class “B” Document
If applicable, valid Joint Venture Agreement
(JVA) or, in lieu thereof, duly notarized
statements from all potential joint venture
partners stating that they will enter into and
abide by the provisions of the JVA in the
instance that the bid is successful shall be
included in the bid.
Philippine Bidding Documents
Clause 30.3(a)(i), ITB for Infrastructure Projects
Notwithstanding the issuance of the Notice of
Award, award of contract shall be subject to
the following conditions:
(a) Submission of the following documents
Class “B” Document
For goods, valid joint venture agreement (JVA),
in case the joint venture is already in existence.
In the absence of a JVA, duly notarized
statements from all the potential joint venture
partners stating that they will enter into and
abide by the provisions of the JVA in the
instance that the bid is successful shall be
included in the bid. Failure to enter into a joint
venture in the event of a contract award shall
be ground for the forfeiture of the bid security.
Each partner of the joint venture shall submit
the legal eligibility documents. The submission
of technical and financial eligibility documents
by any of the joint venture partners constitutes
compliance.
For infrastructure projects, JV bidders shall
submit a JVA in accordance with RA 4566 and
its IRR.
Class “B” Document
If applicable, valid Joint Venture Agreement
(JVA) shall be included in the bid.
Notwithstanding the issuance of the Notice of
Award, award of contract shall be subject to
the following conditions:
(a) Submission of the following documents
 within the prescribed period from receipt
by the Bidder of the notice that it has the
Lowest Calculated and Responsive Bid:
(i) Valid JVA, if applicable, within ten (10)
calendar days;
(ii) Valid PCAB license and registration for
the type and cost of the contract to be
bid for foreign bidders, within thirty
(30) calendar days, if allowed under a
Treaty, International or Executive
Agreement mentioned in ITB Clause
12.1(a)(iv);
(b) Posting of the performance security in
accordance with ITB Clause 32;
(c) Signing of the contract as provided in ITB
Clause 31; and
(d) Approval by higher authority, if required.
34-2014 Section 23.5.1.2(b) of the IRR of RA 9184
b) When the foreign supplier is a citizen,
corporation or association of a country,
included in Annex “I” to be issued by the
GPPB, the laws or regulations of which grant
reciprocal rights or privileges to citizens,
corporations or associations of the Philippines;
Section 7.2 of the Guidelines in the Determination of Eligibility of Foreign Bidders
The procuring entity shall confirm from the list
of countries, provided in Annex “I” of the IRR
and as shown in the GPPB website, with which
the Philippines enjoys reciprocal rights on
matters of eligibility of its nationals in public
procurement abroad. Pending the issuance of
the list or in case the foreign bidder’s country is item/product.
within the prescribed period from receipt
by the Bidder of the notice that it has the
Lowest Calculated and Responsive Bid:
(i) Valid PCAB license and registration for
the type and cost of the contract to be
bid for foreign bidders, within thirty
(30) calendar days, if allowed under a
Treaty, International or Executive
Agreement mentioned in ITB Clause
12.1(a)(iv);
(b) Posting of the performance security in
accordance with ITB Clause 32;
(c) Signing of the contract as provided in ITB
Clause 31; and
(d) Approval by higher authority, if required.
b) When the foreign supplier is a citizen,
corporation or association of a country, the
laws or regulations of which grant reciprocal
rights or privileges to citizens, corporations or
associations of the Philippines;
The bidder claiming eligibility by reason of their
country’s extension of reciprocal rights to
Filipinos shall submit a certification from the
relevant government office of their country
stating that Filipinos are allowed to participate
in their government procurement for the same
not in said list, the bidder claiming eligibility by
reason of their country’s extension of
reciprocal rights to Filipinos shall submit a
certification from the relevant government
office of their country stating that Filipinos are
allowed to participate in their government
procurement activities for the same
item/product.