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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under Section 5 (e) of the New Government Procurement Act, Bidding Documents refer to documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary for a prospective bidder to prepare a Bid for the Goods, Infrastructure Projects, and Consulting Services to be provided.
In preparation of bidding documents, the bidding documents shall be approved by the Procuring Entity following the standard forms and manuals prescribed by the GPPB. The bidding documents shall include the following:
- Approved Budget for the Contract;
- Invitation to bid/request for expression of interest;
- Instructions to Bidders, including criteria for eligibility, bid evaluation and post-qualification, the weight assigned to each criterion and the quality-price ration if awarded to the most economically advantageous responsive bid (MEARB), as well as the date, time and place of the pre-bid conference (where applicable), submission of bids and opening of bids;
- Terms of Reference;
- Scope of work, where applicable;
- Eligibility Requirements;
- Plans and Technical Specifications;
- Form of Bid, Price Form, and List of Goods or Bills of Quantities;
- Delivery Time or Completion Schedule;
- Form and Amount of Bid Security;
- Form and Amount of Performance Security and Warranty;
- Form of Contract, and General and Special Conditions of Contract; and
- Additional documentary requirements or specifications necessary to complete the information required for the bidders to prepare and submit their respective bids.
Based on the specific needs, the end-user unit or implementing unit of the Procuring Entity shall be responsible for the preparation of all the documents necessary for the procurement activity including, but shall not be limited to, the technical specifications, scope of work, or terms of reference.
Access to Information
In all stages of the preparation of the Bidding Documents, the Procuring entity shall ensure equal access to information. Prior to their official release, no aspect of the Bidding Documents shall be divulged or released to any prospective bidder or person having direct or indirect interest in the project to be procured, or to any party, except those officially authorized in the handling of the documents.
In procurement involving and affecting national security, the disclosure of the specific components of the procurement documents, such as the technical specifications, requirements, and components, shall be dependent upon the Head of the Procuring Entity (HoPE), having due regard to the nature, classification, sensitivity, and confidentiality of the relevant documents vis-a-vis the purpose and reason for the request.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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