Professional Documents
Culture Documents
Procurement of
WORKS
Second Edition
May 2005
Preface
This PBDs is intended as a model for admeasurements (unit prices or unit rates
in a bill of quantities) types of Contract, which are the most common in Works
contracting.
Care should be taken to check the relevance of the provisions of the Bidding
Documents against the requirements of the specific Works to be procured. The
following directions should be observed when using these documents:
(a) All the documents listed in the Table of Contents are normally required for
the procurement of Works. However, they should be adapted as
necessary to the circumstances of the particular Project.
(b) This PBDs is divided in two (2) parts, namely Part I and Part II. Documents
under Part I shall be made available to all entities who intend to respond
to the Invitation to Apply for Eligibility and to Bid (IAEB). The
1 Except in the case of International Competitive Bidding (ICB) funded by either ADB, JBIC or WB in
which case the use of the respective SBD for ICB is mandatory
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PROCURING ENTITY shall make the documents under Part II of this
PBDs available to eligible Bidders determined in accordance with
Section II. Eligibility Documents of Part I.
(c) Specific details, such as the name of the PROCURING ENTITY and
address for proposal submission, should be furnished in the ITB, BDS,
and SCC. The final documents should contain neither blank spaces nor
options.
(d) This Preface and the footnotes or notes in italics included in the Invitations
(Invitation to Apply for Eligibility and to Bid and Letter of Invitation to
Bid), BDS, SCC, Specifications, Drawings, Bill of Quantities are not
part of the text of the final document, although they contain instructions
that the PROCURING ENTITY should strictly follow. The Bidding
Documents should contain no footnotes except Section VII. Forms and
Qualification Information since these provide important guidance to
Bidders.
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TABLE OF CONTENTS
PART I
PART II
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Section I. Invitation to Apply for Eligibility
and to Bid
The IAEB provides information that enables interested Bidders to decide whether to
participate in the procurement at hand. The Invitation to Apply for Eligibility and to
Bid (IAEB) shall be:
(a) Advertised at least twice within a maximum period of fourteen (14) calendar
days, with a minimum period of six (6) calendar days between publications, in a
newspaper of general nationwide circulation which has been regularly
published for at least two (2) years before the date of issue of the advertisement,
subject to Section 21 of the IRR-A of R.A. 9184;
(c) Posted at any conspicuous place reserved for this purpose in the premises of the
PROCURING ENTITY concerned, as certified by the head of the Bids and
Awards Committee (BAC) Secretariat of the PROCURING ENTITY during the
maximum period of fourteen (14) calendar days stated above;
Apart from the essential items listed in the Bidding Documents, the IAEB should also
indicate the following:
(a) The Bidding Documents shall be issued within thirty (30) calendar days from
the last day of the period of advertising and/or posting of the IAEB; In the case
of the ADB, JBIC, and WB, the Bidding Documents must be available for
purchase for a minimum of thirty (30) days;
(b) The deadline for the submission of Bids from the last day of the period for
advertising and/or posting of the IAEB shall be in accordance with the
following schedule:
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Estimated Contract Cost
Period
(in Pesos)
Up to Twenty Five (25) Million 15 to 30 calendar days
Above Twenty Five (25) Million
15 to 45 calendar days
up to Fifty (50) Million
Above Fifty (50) Million up to
30 to 60 calendar days
Two Hundred (200) Million
Above Two Hundred (200) Million 60 to 90 calendar days
(c) Any important Bid evaluation criteria (for example, the application of a margin
of preference in Bid evaluation) or qualification requirement (for example, a
requirement for a minimum level of experience in constructing similar works
for which the IAEB is issued).
The IAEB should be incorporated into the Bidding Documents. The information
contained in the Invitation must conform to the Bidding Documents and in particular to
the relevant information in the BDS.
In the case of ADB, JBIC, or WB funding, the Invitation for Bids shall be sent to all
who have expressed an interest in undertaking the works as a result of any General
Procurement Notice issued. In addition, it shall be sent to all heads of associations of
contractors within the area where the project is to be undertaken.
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Invitation to Apply for Eligibility and to Bid
Republic of the Philippines
[Insert name of Project]
[Insert Brief Description of Works]
[Loan/Credit/Grant] No . 2
1. Select one of the two following paragraphs deleting the other depending on the
Funding Source:
3In the case of National Government Agencies, the General Appropriations Act and/or continuing
appropriations; in the case of Government Owned or Controlled Corporations (GOCCs), Government
Financial Institutions (GFIs), and State Universities and Colleges (SUCs), the Corporate Budget for the
contract approved by the governing Boards; in the case of Local Government Units (LGUs), the Budget
for the contract approved by the respective Sanggunian. (Section 5(a), R.A. 9184)
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2. Select one of the following two paragraphs, depending on the funding Source:
The [insert name of the PROCURING ENTITY] now calls for the submission of
Letters of Intent (LOIs) from potential Bidders to apply for eligibility for [insert
brief description of works to be procured]. Bidders should possess a valid PCAB
license applicable to the above type and cost of the contract, have completed a
similar contract with a value of at least fifty percent (50%) of the ABC, and meet
the other minimum eligibility requirements stated in the Eligibility Documents.
Interested Bidders must submit their LOIs on or before [insert date and time] at
[insert address for place of submission] and secure the Eligibility Documents
therefrom. Applications for eligibility will be evaluated on a pass/fail basis.
The last day for the submission of the accomplished Eligibility Documents shall
be on the date of the opening of Eligibility Documents: [insert date and time] at
[insert address for place of submission]. Only those Bidders passing the
eligibility check will be entitled to purchase the Bidding Documents.
The [insert name of PROCURING ENTITY] now invites sealed Bids from
eligible Bidders for [insert brief description of works to be procured].4
Completion of the Works is required by [insert the required delivery date or
expected contract duration].
3. Select one of the following four paragraphs, deleting the other three depending
on the Funding Source:
4 A brief description of the type(s) of works should be provided, including scope, location of project, and
other information necessary to enable potential bidders to decide whether or not to respond to the
invitation.
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Or, if the Funding Source is ADB:
4. Select one paragraph and delete the other, depending on the Funding Source:
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5. Interested eligible Bidders may obtain further information from [insert name of
the PROCURING ENTITY] and inspect the Bidding Documents at the address
given below from [insert start of office hours] to [insert end of office hours] on
[insert dates].
6. Select one paragraph and delete the other, depending on the Funding Source:
7. The [insert name of the PROCURING ENTITY] will hold a Pre-Bid Conference
open to all Eligible Bidders on [insert time and date] at the following address
[insert address]
8. Eligible Bidders must submit their Bids at the address below on or before [insert
time and date]. All Bids must be accompanied by a Bid security in the form of
[state the form of security] and in an amount of [insert amount in Pesos] or an
equivalent amount in a freely convertible currency. Late Bids shall not be
accepted. Bid opening shall be on [insert date, time and place]. Bids will be
opened in the presence of the Bidders representatives who choose to attend at the
address below at [insert time and date].
10. Completion of the Works is required by [insert the required delivery date or
expected contract duration].
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11. The [insert name of the PROCURING ENTITY] reserves the right to accept or
reject any Bid, to annul the bidding process, and to reject all Bids at any time
prior to contract award, without thereby incurring any liability to the affected
Bidder or Bidders.
____________________________
Signature of the BAC Chairman or
Authorized Representative of the
BAC Chairman
The provisions contained in this Section are to be used unchanged. Section III. Eligibility
Data Sheet consists of provisions that supplement or specify in detail the information or
requirements included in this Section which are specific to each procurement.
In case of ADB, JBIC, or WB funded projects, there will be no eligibility check prior to the
submission of Bids. Therefore, the Eligibility Documents required under this Section shall
be submitted as part of the Technical Proposal of a Bidders Bid documents.
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Eligibility Criteria
A Bidder, and all parties constituting the Bidder, shall be considered eligible if
it has satisfied the requirement provided in the Eligibility Data Sheet
(EDS) as defined by the Funding Source indicated in the Invitation to
Apply for Eligibility and to Bid (IAEB).
the Bid, and in case of a successful Bid, the Contract Agreement, shall
be signed so as to be legally binding on all partners;
all partners of the JV shall be jointly and severally liable for the
execution of the contract in accordance with the contract terms,
and a relevant statement to this effect shall be included in the
authorization mentioned in item (b) above as well as in the Bid
Form and the Contract Agreement (in case of a successful Bid);
and
A Bidder shall not have a conflict of interest. All Bidders found to have a
conflict of interest shall be disqualified. A Bidder may be considered to
have conflicting interests with another Bidder in any of the events
described in paragraphs (a) through (c) below and a general conflict of
interest in any of the circumstances set out in paragraphs (d) through
(g) below:
receive or have received any direct or indirect subsidy from any of the
Bidders;
submit more than one Bid in this bidding process. However, this does
not limit the participation of subcontractors (if indicated in the
EDS) in more than one Bid, or as Bidders and subcontractors
simultaneously;
If the Bidder is a JV, the provisions of items (a), (b), or (c) of this
clause shall correspondingly apply to each of the members of
the said JV, as may be appropriate.
Eligibility Requirements
Legal Documents
Technical Documents
nature of work;
Financial Documents
A valid JVA;
A Bidder portions of the Works, subject to the maximum allowable limit for
subcontracting of Works as specified in EDS Clause . Subcontracting
of any portion of the Works shall not relieve the Bidder from any
liability or obligation that may arise from its performance. The Bidder
shall be responsible for the acts, defaults, and negligence of any
subcontractor, its agents, servants or workmen as fully as if these were
the Bidders own acts, defaults, or negligence, or those of its agents,
servants or workmen.
Subcontractors must comply with the provisions of Clause herein. For this
purpose, the Bidder shall include in Technical Proposal of its Bid all
the documents required under Clause herein. If the PROCURING
ENTITY determines during Post-qualification that a subcontractor is
ineligible, the subcontracting of such portion of the Works assigned to
the ineligible subcontractor shall be disallowed.
To be considered eligible and qualified for contract award, a Bidder must meet
the minimum qualifying criteria stated in the EDS. The use of
specialist subcontractors shall also be stated in the EDS.
The Bidders authorized signatory must certify all copy documents as true and
correct copies of the original document(s). Bidders must follow the
format and sequence set out above. Should a Bidder fail to do so the
PROCURING ENTITY will accept no liability for the rejection of a
Bidders Bid in accordance with the corresponding clause in the
Instructions to Bidders.