Functions of the BAC.- shall have the following functions: advertise and/or post the invitation to bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of bids, undertake post-qualification proceedings, recommend award of contracts to the Head of the Procuring Entity of his duly authorized representative: Provided, That in the event the Head of the Procuring shall disapprove such recommendation, such disapproval shall be based only on valid, reasonable and justifiable grounds to be expressed in writing, copy furnished the BAC; recommend the imposition of sanctions in accordance with Article XXIII, and perform such other related functions as may necessary, including the creation of a Technical Working Group from a pool of technical, financial and/or legal experts to assist in the procurement process. for consulting services.IRR of RA 9184 – BIDDING AND CONTRACT DOCUMENTS Section 17. criteria for eligibility. ARTICLE XIVLEASE OF COMPUTERS, COMMUNICATIONS, INFORMATION AND OTHER EQUIPMENT. promulgated pursuant to Section 75 of Republic Act No. Employment of competent technical personnel, competent engineers and/or work supervisors; Provision of warning signs and barricades in accordance with approved plans and specifications and contract provisions; Stockpiling in proper places of all materials and removal from the project site of waste and excess materials, including broken pavement and excavated debris in accordance with approved plans and specifications and contract provisions; Deployment of committed equipment, facilities, support staff and manpower; and. Subscribe to newsletter. - a method of Procurement that involves a direct Procurement of Goods from the previous winning bidder, whenever there is a need to replenish Goods procured under a contract previously awarded through Competitive Bidding; d. Shopping - a method of Procurement whereby the Procuring Entity simply requests for the submission of price quotations for readily available off-the-shelf Goods or ordinary/regular equipment to be procured directly from suppliers of known qualification; or. Resolution of Protests. Section 21. The BAC and its Composition.- Each procuring entity shall establish a single BAC for its procurement. If the bidder with the Lowest Calculated Bid or Highest Rated Bid passes all the criteria for post-qualification, his Bid shall be considered the "Lowest Calculated Responsive Bid," in the case of Goods and Infrastructure or the "Highest Rated Responsive Bid," in the case of Consulting Services. The bids that passed the preliminary examination shall be ranked from lowest to highest in terms of their corresponding calculated price shall be referred to as the "Lowest Calculated Bid". The Contractor/Consultant must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. Civil Liability in Case of Conviction. Section 54. Section 64. Effectivity Clause. Shopping. Section 18. In proper cases, the BAC shall also recommend to the Head of the Procuring Entity the use of Alternative Methods of Procurement as provided for in Article XVI hereof. Failure of the contractor, due solely to his fault or negligence, to mobilize and start work or performance within the specified period in the Notice to Proceed (NTP); Failure by the contractor to fully and faithfully comply with its contractual obligations without valid cause, or failure by the contractor to comply with any written lawful instruction of the procuring entity or its representative(s) pursuant to the implementation of the contract. Splitting of contracts which exceed procedural purchase limits and competitive bidding. Section 77. Governing Principles on Government Procurement. AN ACT PROVIDING FOR THE MODERNIZATION, STANDARIZATION AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES ... - The rules and guidelines for the implementation and termination of contracts awarded pursuant to the provisions of this Act shall be prescribed in the IRR. d) Instructions to Bidders. Section 72. For purposes of this Article, Engineering District civil works projects, subject to consultation with the concerned Members of Congress, are included and subsumed in the term "provincial projects" and shall be governed by this Section and Section 45 hereof. Section 69. The Bids shall be ranked from highest to lowest in terms of their corresponding calculated ratings. Negotiated Procurement. 40, series of 2001, entitled "Consolidating Procurement Rules and Procedures for all National Government Agencies, Government-Owned-or-Controlled Corporations and/or Government Financial Institutions, and requiring the Use of the Government Electronic Procurement System"; Executive Order No.262, series of 2000, entitled "Amending Executive Order No.302, series of 1996, entitled "Providing Policies, Guidelines, Rules and Regulations for the Procurement of Goods/Supplies by the National Government' and Section 3 of Executive Order No.201, series of 2000, entitled "Providing Additional Policies and Guidelines and the Procurement of Goods/Supplies by the National Government"; Executive Order No. ARTICLE IIIPROCUREMENT BY ELECTRONIC MEANS. - (a) For the procurement of Goods, in order to assure that manufacturing defects shall be corrected by the supplier, manufacturer, or distributor, as the case maybe, for a specific time after performance of the contract, a warranty shall be required from the contract awardee for such period of time as may be provided in the IRR, the obligation for which shall be covered by either retention money in the amount equivalent to a percentage of every progress payment, or a special bank guarantee equivalent to a percentage of the total contract price, to be provided in the IRR. When any of the foregoing acts is done in collusion with private individuals, the private individuals shall likewise be liable for the offense. Section 4. The G-EPS shall serve as the primary and definitive source of information on government procurement. Contractors eligibility to bid on the project will be determined by 4. Procurement shall also include the lease of goods and real estate. In the case of Infrastructure Projects, the Plan shall include engineering design and acquisition of right-of-way. (m) Portal - refers to a website that aggregates a wide variety of content for the purpose of attracting a large number of users. Any contractor who fails to comply with the preceding paragraphs shall suffer perpetual disqualification from participating in any public bidding and his property or properties shall be subject to attachment or garnishment proceedings to recover the costs. 2. Section 13. The said amounts shall only be released after the lapse of the warranty period, provided that the Goods supplied are free from defects and all the conditions imposed under the contract have been fully met. Indemnification of BAC Members. Section 2. The Procuring Entity may require additional document requirements or specifications necessary to complete the information required for the bidders to prepare and submit their respective bids. Advertising and Contents of the Invitation to Bid. Declaration of Policy.- It is the declared policy of the State to promote the ideals of good governance in all its branches, departments, agencies, subdivisions, and instrumentalities, including government-owned and/or -controlled corporations and local government units. Refusal or failure to post the require performance security within the prescribed time. Section 62. However, if no award is possible, the contract shall be subjected to a new bidding. In such case, he shall no longer be allowed to submit another Bid or the same contract either directly or indirectly. Section 26. PAWD Issuances. Section 9. - Bids and Bid securities shall be valid for such reasonable period of time indicated in the Bidding Documents. - Priority programs and infrastructure projects funded out of the annual General Appropriations Act which are intended for implementation within the province shall be subject to the same public bidding and to the procurement processes prescribed under this Act. Security, Integrity and Confidentiality.- The G-EPS shall ensure the security, integrity and confidentiality of documents submitted through the system. (h) Goods - refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of the public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, including non - personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity or such services. 9184 January 10, 2003. - The ABC shall be the upper limit or ceiling for the Bid prices. There are at least two schools of thought: The said rules and regulations shall be approved by the President of the Philippines. Section 78. The deadline shall also consider the urgency of the procurement involved. Memorandum Circular No. (e) Public monitoring of the procurement process and the implementation of awarded contracts with the end in view of guaranteeing that these contracts are awarded pursuant to the provisions of this Act and its implementing rules and regulations, and that all these contracts are performed strictly according to specifications. 876, otherwise known as the "Arbitration Law": Provided, however, That, disputes that are within the competence of the Construction Industry Arbitration Commission to resolve shall be referred thereto. Published. 2248 was finally passed by the House of Representatives and the Senate on December 18, 2002. This Act, which is a consolidation of House Bill No.4809 and Senate Bill No. Bid Opening. Lease Contracts. The amount thereof shall be specified in the IRR. REPUBLIC ACT No. funded procurement activities from procurement planning up to contract implementation and termination, except for the following: a) Acquisition of real property which shall be governed by Republic Act No. Section 52. Section 20. Section 27. In the case of government-owned and/or -controlled corporations, the concerned board shall take action on the said recommendation within thirty (30) calendar days from receipt thereof. 9184 provides that the rules and guidelines for the implementation and termination of contracts awarded pursuant to the provisions of the Act shall be prescribed in the IRR; The above amounts shall be subject to a period review by the GPPB. 6. Procurement By Electronic Means.- To promote transparency and efficiency, information and communications technology shall be utilized in the conduct of procurement procedures. formulate and amend, whenever necessary, the IRR and the corresponding standard forms for Procurement; (c) ensure that Procuring Entities regularly conduct Procurement training programs and prepare a Procurement operations manual for all offices and agencies of government; and (d) conduct an annual review of the effectiveness of this Act and recommend any amendments thereto, as may be necessary. In addition, the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. Failure to Enter into Contract and Post Performance Security. Section 12. on. Section 57. Ceiling for Bid Prices. Procurement of major plant components where it is deemed advantageous to limit the bidding to known eligible bidders in order to maintain an optimum and uniform level of quality and performance of the plant as a whole. All payables of government in his favor shall be offset to recover the costs. Limited Source Bidding. (c) Streamlined procurement process that will uniformly apply to all government procurement. Pre-Procurement Conference. Definition of Terms.- For purposes of this Act, the following terms or words and phrases shall mean or be understood as follows: (a) Approved Budget for the Contract (ABC) - refers to the budget for the contract duly approved by the Head of the Procuring Entity, as provided for in the General Appropriations Act and/or continuing appropriations, in the National Government Agencies; the Corporate Budget for the contract approved by the governing Boards, pursuant to E.O.No.518, series of 1979, in the case of Government Financial Institutions and State Universities and Colleges; and the Budget for the contract approved by the respective Sanggunian, in the case of Local Government Units. The Bid with the highest calculated rating shall be the "Highest Rated Bid." - The procurement process from the opening of bids up to the award of contract shall not exceed three (3) months, or a sho0rter period to be determined by the procuring entity concerned. Standardization of Procurement Process and Forms.- To systematize the procurement process, avoid confusion and ensure transparency, the procurement process, including the forms to be used, shall be standardized insofar as practicable. ARTICLE XVIALTERNATIVE METHODS OF PROCUREMENT. When negotiations with first-in-rank bidder fails, the financial proposal of the second rank bidder shall opened for negotiations: Provided, that the amount indicated in the financial envelope shall be made as the basis for negotiations and the total contract amount shall not exceed the amount indicated in the envelope and the ABC. Only bids that are determined to contain all the bid requirements of the technical component shall be considered for opening and evaluation of their financial component. Lifting of Suspension and Removal of Administrative Disabilities. Without prejudice to the provisions of the preceding section, the different procurement activities shall be completed within reasonable periods to be specified in the IRR. ARTICLE XXIVLEGAL ASSISTANCE AND INDEMNIFICATION OF BAC MEMBERS. d. The repeat order shall not exceed twenty-five percent (25%) of the quantity of each item of the original contract. The Head of the Procuring Entity may also designate an existing organic office within the agency to serve as the Secretariat. There shall be no lower limit to the amount of the award. when patents, trade secrets and copyrights prohibit others from manufacturing the same items; b. 3 months ago. Section 56. Separability Clause. The specific amounts and allowable forms of the Bid security shall be prescribed in the IRR. When two or more bidders agree and submit different Bids as if they were bona fide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest Bid. Provided, That in a department, office or agency where the procurement is decentralized, the Head of each decentralized unit shall be considered as the Head of the Procuring Entity subject to the limitations and authority delegated by the head of the department, office or agency. - Within sixty (60) days from the promulgation of this Act, the necessary rules and regulations for the proper implementation of its provisions shall be formulated by the GPPB, jointly with the members of the Oversight Committee created under Section 74 hereof. 3019 shall carry with it civil liability, which may either consist of restitution for the damage done or the forfeiture in favor of the government of any unwarranted benefit derived from the act or acts in question or both, at the discretion of the courts. Bid Security. 9184 (R. A. Section 44. Thursday, October 1, 2020. In case of two (2) failed bidding as provided in Section 35 hereof; b. The eligible prospective bidders shall then be evaluated using numerical ratings on the basis of the short listing requirements prescribed for the Competitive Bidding concerned, within the period stated in the Invitation to Bid to determine the short list of bidders who shall be allowed to submit their respective bids. Any other law, presidential decree or issuance, executive order, letter of instruction, administrative order, proclamation, charter, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of this Act, hereby repealed, modified or amended accordingly. and a qualified Contractor to execute, complete and maintain works based on the Bill of Quantities incl. The GPPB shall convene within fifteen (15) days from the effectivity of this Act formulate the IRR and for other related purposes. Assignment and subcontracting of the contract or any part thereof or substitution of key personnel named in the proposal without prior written approval by the procuring entity. SC affirms termination of P3.8B MRT-3 contract. - There is hereby created a Joint Congressional Oversight Committee to oversee the implementation of this Act for a period not exceeding five (5) years from the effectivity of this Act. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents, in order to influence the outcome of the public bidding. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47 of this Act. - A bidder may modify his bid, provided that this is done before the deadline for the receipt of bids. 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