INSTRUCTIONS TO

BIDDERS: THESE
PROVISIONS REFER TO PRECONSTRUCTION ACTIVITIES
FROM ADVERTISEMENT TO
CONTRACT AWARD

WHO MAY BE ALLOWED TO

BID
The following may become contractors for government projects:
a. Filipino (1) Citizens (single proprietorship) (2) Partnership or
corporation duly organized under the laws of the Philippines, and
at least seventy five percent (75%) of the capital stock of which
belongs to Filipino citizens.
b. Contractors forming themselves into a joint venture i.e., a
group of two or more contractors that intend to be jointly and
severally responsible for a particular contract, shall for purposes
of bidding/ tendering comply with LOI 630, and, aside from being
currently and properly licensed by the Philippine Contractors
Accreditation Board (PCAB), shall comply with the provisions of
R.A. 4566 and its Implementing Rules and Regulations, provided
that joint ventures in which Filipino ownership is less than seventy
five percent (75%) may be prequalified where the structures to be
built require the application of techniques and/or technologies
which are not adequately possessed by a Filipino entity as
defined above.
c. Foreign contractors for internationally bid foreign-assisted
projects as may be required by foreign financial institutions.

Organization of the BAC

1. Each office/agency/corporation shall have in its head office or in
its implementing offices a Bid and Award Committee (BAC) or
designated procurement unit which shall be responsible for the
conduct of prequalification, or eligibility screening, bidding,
evaluation of bids, postqualification, and recommending award of
contracts. Each committee shall be composed of the following:
A. Chairman (regular) at least third ranking official of the
office/agency/corporation
B. Executive officer and secretary (regular) - legal officer of the
office/agency/corporation. The administrative officer of the agency
concerned may be the executive officer and secretary of the BAC
or designated procurement unit when the agency does not have a
legal officer in its plantilla positions.
c. Member (regular) - Technical member designated by the head of
office/agency/corporation

d. Member (provisional) - At least two, with

experience in the type of contract to be bid and in
project management, duly designated by the
head of office/agency/corporation on a project to
project basis.
e. Members from the Private Sector - To ensure the
transparency of bidding process, one qualified
representative from a constructors' association
duly recognized by the Construction Industry
Authority of the Philippines (ClAP) and one
qualified representative from any of the following
organizations:
(1) End-user group or non-governmental
organization to be designated by the head of the
office/agency/corporation concerned (2) ProjectRelated Professional associations accredited or
duly recognized by the Professional Regulation

2. Government owned or controlled corporations shall

organize their own BACs, the members of which
shall be appointed by their respective boards
preferably along the same line as other government
offices. 3. Non-infrastructure agencies - that is,
agencies other than the Department of Public Works
and Highways, the Department of Transportation
and Communication, their attached agencies and
other Infrastructure Corporations - that do not
possess an inhouse technical capability to constitute
their own !?ACs shall cause the designation of either
of the two infrastructure departments mentioned
above whichever is concerned, to undertake the Bid
and Award services, as well as the preparation of
project plans and designs and supervision of
construction.