Matrix GPPB Resolution

GPPB Resolution
03-2013
11-2013
ORIGINAL PROVISION
AMENDMENT/S
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.
Where, in the interest of project sustainability

or to achieve certain specific social objectives,
it is desirable in selected projects, or its
components, to call for participation of local
communities in the delivery of goods, including
non-consulting services, and simple
infrastructure projects, subject to the
guidelines to be issued by the GPPB.
AMEND Section 53.12 of the IRR of

RA 9184
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:

AMEND the PBD for Goods,

Infrastructure Projects, and
Consulting Services
(a) Tax clearance per Executive Order 398,

Series of 2005:

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.
Clause 28.2, ITB for Infrastructure Projects
Comment/s
DEVELOP AND FORMULATE

Guidelines to provide the procedures
for the implementation of the
projects through Community
Participation pursuant to Section
53.12 of the revised IRR of RA 9184.

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.
EFFECTIVITY of the amendments to

the PBD for Goods, Infrastructure
Projects, and Consulting Services
shall be on 15 June 2013



Series of 2005:


Clause 28.2(b), BDS for Infrastructure Projects
System (EFPS)
Clause 27.2, ITB for Consulting Services
Series of 2005:

Clause 27.2(b), BDS for Consulting Services
System (EFPS)




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.
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.

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
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.
AMEND Section 53.5 of the IRR of RA

9184 and DELETE the second
paragraph
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
which delivers the goods, undertakes the
which delivers the goods, undertakes the
infrastructure project, or provide consulting
infrastructure project, or provide consulting
services.
services.
However, in accordance with Section 53.5 of
the IRR of R.A. 9184, as amended, GOCCs
incorporated under Batas Pambansa Blg. 68 or
AMEND Section 4(c) of the

Implementing Guidelines on Agencyto-Agency Agreements (Guidelines)
and DELETE the second paragraph
that excludes non-chartered GOCCs
as Servicing Agencies
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
Armed Forces of the Philippines Corps of
of infrastructure projects, consulting services,
Engineers (AFPCOE) which shall continue to be
and goods from another agency of the GOP,
governed by the Guidelines on Implementation which includes all Departments, Bureaus,
of Infrastructure Projects Undertaken by the
Offices and Agencies of the National
AFP Corps of Engineers under Government
Government, Government-Owned and/or
Procurement Policy Board (GPPB) Resolution
Controlled Corporations, Government
No. 09-2005
Financing Institutions, State Universities and
Colleges, and Local Government Units.
AMEND the Scope and Application in

the Guidelines excluding the
engagement of PS-DBM from its
application
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.
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
...
...
AMEND Sections 23.1(a)(vi), 23.5.1.4

and 23.5.2.6 of the IRR of RA 9184
Financial Documents
Financial Documents
...
...
(vi) The prospective bidders 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).
(vi) The prospective bidders computation

for its Net Financial Contracting Capacity
(NFCC).
Section 23.5.1.4 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
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.
The computation of a prospective bidders

NFCC must be at least equal to the ABC to be
bid, calculated as follows:
The values of the bidders current assets and
current liabilities shall be based on the data
submitted to the BIR, through its Electronic
Filing and Payment System (EFPS).

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:
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
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:
The computation of a prospective bidders

NFCC must be at least equal to the ABC to be
The Bidder must submit a computation of its

Net Financial Contracting Capacity (NFCC),
which must be at least equal to the ABC to be
AMEND Clauses 5.5 and 12.1(a)(v) of

the Instructions to Bidders of the
Philippine Bidding Documents for
Goods, and Clauses 5.5 and
12.1(a)(vi) of the Instructions to
Bidders of the Philippine Bidding
Documents for Infrastructure
Projects

with the contract for this Project.



The CLC must be at least equal to ten percent

(10%) of the ABC for this Project. If issued by a
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.
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:
Class A Documents:
...
...
(v) NFCC computation or CLC in accordance

with ITB Clause 5.5;
(v) NFCC computation in accordance with ITB

Clause 5.5;
AMEND Clauses 5.5 and 12.1(a)(v) of

the Instructions to Bidders of the
Philippine Bidding Documents for
Goods, and Clauses 5.5 and
12.1(a)(vi) of the Instructions to
Bidders of the Philippine Bidding
Documents for Infrastructure
Projects

Clause 12.1(a)(vi), ITB for Infrastructure Projects
21-2013


Class A Documents:
Class A Documents:
...
...
(vi) NFCC computation or CLC in accordance

(vi) NFCC computation in accordance with

ITB Clause 5.5;
Section 23.1(a) of the IRR of RA 9184


Legal 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.

the Bidding Documents.
(ii) Mayors permit issued by the city or

municipality where the principal place of
business of the prospective bidder is located.

business of the prospective bidder is located.
(iii) Tax clearance per Executive Order 398,
AMEND Sections 23.1(a), 24.1(a) and

34.2 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:
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:
Legal Documents
Legal Documents

the Bidding Documents;

the Bidding Documents;

business of the prospective bidder is located;

and,

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
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
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.
Clause 12.1(a), ITB for Goods
Unless otherwise indicated in the BDS, the
first envelope shall contain the following
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.

Class A Documents:
Class A Documents:
...
...


Clause 5.5; and,
(vi) Tax clearance per Executive Order 398,

approved by the BIR;

(a) Latest income and business tax returns in
the form specified in the BDS;
(b) Certificate of PhilGEPS Registration; and
AMEND Clauses 12.1(a) and 29.2 of

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
(b) Latest income and business tax returns in

(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.
Clause 12.1(a), ITB for Infrastructure Projects
(c) Other appropriate licenses and permits

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.

Class A Documents:
Class A Documents:
...
...


Clause 5.5; and,
(vi) Tax clearance per Executive Order 398,



Bidder for award.

Bidder for award.

Clause 2.1(a), Eligibility Documents for Consulting Services
The following eligibility requirements shall be
The following eligibility requirements shall be
submitted on or before the date of the
submitted on or before the date of the
eligibility check specified in the Request for
eligibility check specified in the Request for
Expression of Interest and Clause 5 for
Expression of Interest and Clause 5 for
purposes of determining eligibility of
purposes of determining eligibility of
prospective bidders:
prospective bidders:
a) Class A Documents:
a) Class A Documents:
Legal Documents
Legal Documents
...
...


and,

calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
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

calendar days from receipt by the Consultant of
the notice from the BAC that it is the HRB, the
Consultant shall submit the following
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.
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
The first envelope shall contain the following
technical information/documents, at the least: 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:
(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
(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
AMEND Sections 25.2(a)(iv),

25.2(b)(iv) and 25.2(c)(vi) of the IRR
of RA 9184
financing institution whose blacklisting rules

have been recognized by the GPPB;
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.
(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.
Omnibus Sworn Statement

See attached file.
25-2013

The bid security shall be in an amount equal to
a percentage of the ABC in accordance with the
following schedule:
For biddings conducted by LGUs, the

prospective bidder may also submit bid
securities in the form of cashiers/managers
check, bank draft/guarantee, or irrevocable
letter of credit from other banks certified by
the BSP as authorized to issue such financial
instrument.

In lieu of a bid security mentioned in Section
27.2 above, the bidder may submit a Bid
Securing Declaration that is an undertaking
See attached file.
AMEND the prescribed Omnibus

Sworn Statement template in the
The procuring entity shall indicate in the

Bidding Documents the acceptable forms of
bid security that bidders may opt to use,
which shall include the Bid Securing
Declaration provided in Section 27.5 of this
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:
AMEND Sections 27.2, 27.5 and 39.2

of the IRR of RA 9184
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
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:
...
prospective bidder may also submit
performance securities in the form of
cashiers/managers check, bank
draft/guarantee, or irrevocable letter of credit
from other banks certified by the BSP as
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
conditions stated therein as required in the
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:
...
entity may also require bidders to submit
performance securities in the form of

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
envelope shall contain the following eligibility
envelope shall contain the following eligibility
and technical documents:
and technical documents:
...
...
(b) Technical Documents

(i) Bid security in accordance with ITB Clause
(b) Technical Documents

(i) Bid security in accordance with ITB Clause
AMEND Clauses 12.1(b)(i), 18.1 and

33.2 of the ITB and BDS of the PBDs
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
ITB and BDS of the PBDs for
Consulting Services
18. If the Bidder opts to submit the bid

security in the form of:
Clause 10.2(a), ITB for Consulting Services
The Technical Proposal shall contain the
following information/documents:
18. If the Procuring Entity requires the

bidders to submit the bid security in the
form of:
The Technical Proposal shall contain the

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:
Clause 18.1, ITB for Goods and Infrastructure Projects
The bid security in the amount stated in the
The procuring entity shall prescribe in the BDS
BDS shall be equal to the percentage of the
the acceptable forms of bid security that
ABC in accordance with the following schedule: bidders may opt to use, which shall include
the Bid Securing Declaration 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:
prospective bidder may also submit bid
securities in the form of cashiers/managers
check, bank draft/guarantee, or irrevocable

letter of credit from other banks certified by
the BSP as authorized to issue such financial
entity may also require bidders to submit bid
instrument.
securities in the form of
Clause 33.2, ITB for Goods;
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:
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...

Clause 18.1, BDS for Goods and Infrastructure Projects
Clause 15.1, BDS for Consulting Services
The bid security shall be in the following
The bid security shall be limited to Bid
amount:
Securing Declaration and at least one (1) other
form in accordance with the following
amount:
3. Any combination of the foregoing

proportionate to the share of form with
respect to total amount of security.
11-2012

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
3. Any combination of the foregoing

proportionate to the share of form with
respect to total amount of security.
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
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.
similar to the contract to be bid if it has the

same major categories of work.
The Constructors Performance Evaluation
System (CPES) rating and/or certificate of
completion and owners acceptance of the
contract must be satisfactory.
12-2012
The Owners Certificate of Final Acceptance; or

the Constructors Performance Evaluation
Summary (CPES) Final Rating and/or the
Certificate of Completion, must be satisfactory.
Section 8.5.2 of the IRR of RA 9184

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.
Eligibility requirements may be sent

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 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.

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 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
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
more frequently when needed.
necessary.
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.
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.

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.

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 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

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
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),
value procurement), 53.10 (lease of real

property), and 53.13 (UN agencies).
53.9 (small value procurement), 53.10 (lease of

real estate property), 53.12 (Community
Participation), and 53.13 (UN agencies),
Implementing Guidelines on Agency-to-Agency Agreements

Section 5(c)
Section 5(c)
DELETION of the following provisions
Subject to appropriate guidelines, the Procuring Subject to appropriate guidelines, the Procuring
Agency may require the Servicing Agency to
Agency may require the Servicing Agency to
post a performance security under Section 39
post a performance security under Section 39
of R.A. 9184 and/or post a warranty security
of R.A. 9184 and/or post a warranty security
under Section 62 of R.A. 9184.
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),
respectively.
Section 6(f) to Section 6(e).
25-2012

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].

Clause 18, ITB for Goods
18.1 The bid security in the amount stated in
the BDS shall be equal to the percentage of the

acquired by interested Bidders on [insert date
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]}.

RENUMBERING of the following

Sections
ABC in accordance with the following schedule:

Form of Bid Security
(a) Cash or
cashiers/managers
check issued by a
Universal or
Commercial Bank.
(b) Bank
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.
(c) Surety bond
callable upon demand
issued by a surety or
insurance company
duly certified by the
Insurance Commission
as authorized to issue
such security.
(d) Any combination of
the foregoing.
Amount of Bid
Security (Equal to
Percentage of the ABC)
Two percent (2%)
Five percent (5%)
Proportionate to share
of form with respect to
total amount of
security
For biddings conducted by LGUs, the Bidder

may also submit bid securities in the form of
authorized to issue such financial statement.

(a) Cash or
cashiers/managers
check issued by a
Universal or
Commercial Bank.
(b) Bank draft/
guarantee or
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.
(c) Surety bond callable
upon demand issued
by a surety or
insurance company
such security.
items (a) to (c) above.
(e) Bid Securing

Declaration
Amount of Bid
Security (Equal to
Two percent (2%)
Five percent (5%)
total amount of
security
No percentage
required


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
conditions stated therein as provided in the
A Bidder determined as failed has three (3)
calendar days upon written notice or, if present
at the time of bid opening, upon verbal
notification, within which to file a request or
motion for reconsideration with the BAC:
Provided, however, that the motion for
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.
Clause 11, GCC for Goods
35 Protest Mechanism
Decision of the procuring entity at any stage of
the procurement process may be questioned in
accordance with Section 55 of the revised
Implementing Rules and Regulations of
Republic Act 9184.
DELETE Clause 24.7 of Section II.

Instruction to Bidders and INSERT
New provision, Clause 35
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.
(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
Entitys authorized representative. In the
event that no inspection or acceptance
certificate is issued by the Procuring Entitys
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
Entitys 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.

Invitation to Bid for Infrastructure Projects
(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
Entitys authorized representative. In the
event that no inspection or acceptance
certificate is issued by the Procuring Entitys
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
Entitys 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.
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].

Clause 18, ITB for Infrastructure Projects
(a) Cash or
cashiers/managers
check issued by a
Universal or
Commercial Bank.
(b) Bank
draft/guarantee or
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.
(c) Surety bond
callable upon demand
issued by a surety or
insurance company
Amount of Bid
Security (Equal to
Two percent (2%)
Five percent (5%)
acquired by interested Bidders on [insert date

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]}.

(a) Cash or
cashiers/managers
check issued by a
Universal or
Commercial Bank.
(b) Bank draft/
guarantee or
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.
(c) Surety bond callable
upon demand issued
by a surety or
insurance company
Amount of Bid
Security (Equal to
Two percent (2%)
Five percent (5%)
such security.
the foregoing.
total amount of
security

such security.
items (a) to (c) above.
(e) Bid Securing

Declaration
total amount of
security
No percentage
required

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
conditions stated therein as provided in the

A Bidder determined as failed has three (3)
calendar days upon written notice or, if present
at the time of bid opening, upon verbal
notification, within which to file a request or
motion for reconsideration with the BAC:
Provided, however, that the motion for
reconsideration shall not be granted if it is
established that the finding of failure is due to
34 Protest Mechanism
Decision of the procuring entity at any stage of
the procurement process may be questioned in
accordance with Section 55 of the revised
Implementing Rules and Regulations of
Republic Act 9184.
DELETE Clause 24.7 of Section II.

Instruction to Bidders and INSERT
New provision, Clause 35
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.
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 owners acceptance, if
applicable;

(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.

(iii.13) the statement shall be supported by the

Owners 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
(b) Bank
draft/guarantee or
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.
Amount of Bid
Security (Equal to
Five percent (5%)

Clause 32.2, BDS for Infrastructure Projects
1. The amount of __________ [Insert 5% of
ABC], if performance security is in cash,
draft/guarantee or irrevocable letter of credit;
ABC] if performance security is in Surety Bond;
27-2012

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
(b) Bank
draft/guarantee or
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.
Amount of Bid
Security (Equal to
Ten percent (10%)

the Total Contract Price], if performance
security is in cash, cashiers/managers check,
bank draft/guarantee or irrevocable letter of
credit;
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
deadline for the submission of the letter of

intent shall not be considered for the bidding at
hand.
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 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.
its own electronic system.
- Deleted
Statement of the prospective bidder 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, within the relevant period as provided in
the Bidding Documents; and
AMEND Section 23.1(a)(iii) of the IRR

of RA 9184
To interpret that failure to include an

immaterial ongoing contract or
failure to disclose complete
information in the statement of
contracts shall result in the following:
Statement identifying the bidders single largest GPPB Resolution No. 2012, dated 23
November 2012. Page 3 of 3
completed contract similar to the contract to
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
requirement under Sections 23.1 or
the case of goods.
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)
or (b) of the revised IRR.
the GPPB.

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GPPB Resolution

Section 53.12 of the IRR of RA 9184

Where, in the interest of project sustainability

AMEND Section 53.12 of the IRR of

Philippine Bidding Documents

Within a non-extendible period of three (3)

AMEND the PBD for Goods,

(a) Tax clearance per Executive Order 398,

Philippine Bidding Documents

DEVELOP AND FORMULATE

(a) Tax clearance per Executive Order 398,

Only tax returns filed and taxes paid through

Within a non-extendible period of three (3)

EFFECTIVITY of the amendments to

calendar days from receipt by the bidder of the

calendar days from receipt by the bidder of the

(a) Tax clearance per Executive Order 398,

(a) Tax clearance per Executive Order 398,

Philippine Bidding Documents

Philippine Bidding Documents

Only tax returns filed and taxes paid through

Within a non-extendible period of three (3)

Only tax returns filed and taxes paid through

NOTE: The latest income and business tax

Sections 23.6 and 24.6 of the IRR of RA 9184

returns are those within the last six months

GOCCs may be eligible to participate in

AMEND Sections 23.6 and 24.6 of the

Procurement of infrastructure projects,

AMEND Section 53.5 of the IRR of RA

For purposes of this sub-section, the term

AMEND Section 4(c) of the

the Corporation Code of the Philippines, which

AMEND the Scope and Application in

However, infrastructure projects undertaken

Section 23.1.(a)(vi) of the IRR of RA 9184

For purposes of determining the eligibility of

AMEND Sections 23.1(a)(vi), 23.5.1.4

(vi) The prospective bidders computation for

(vi) The prospective bidders computation

Section 23.5.1.4 of the IRR of RA 9184

The computation of a prospective bidders

Section 23.5.2.6 of the IRR of RA 9184

The computation of a prospective bidders

The Bidder must submit a computation of its

AMEND Clauses 5.5 and 12.1(a)(v) of

NFCC = [(Current assets minus current

with the contract to be bid.

Where: K = 10 for a contract duration of one

The values of the bidders current assets and

Where: K = 10 for a contract duration of one

The CLC must be at least equal to ten percent

12. Documents Comprising the Bid: Eligibility

12.1. Unless otherwise indicated in the BDS,

12.1. Unless otherwise indicated in the BDS,

(a) Eligibility Documents

(a) Eligibility Documents

(v) NFCC computation or CLC in accordance

(v) NFCC computation in accordance with ITB

AMEND Clauses 5.5 and 12.1(a)(v) of

Philippine Bidding Documents

12.1. Unless otherwise indicated in the BDS,

12.1. Unless otherwise indicated in the BDS,

(a) Eligibility Documents