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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:
The Invitation to Bid provides information that enables potential bidders to decide whether to participate in the procurement at hand. It should be incorporated in the Bidding Documents. The information contained in the Invitation to Bid must conform to the Bidding Documents and in particular to the relevant information in the Bid Data Sheet (BDS).
Pre-Procurement Conference
Prior to the issuance of the invitation to bid, the Bids and Awards Committee (BAC) is mandated to hold a pre-procurement conference on each and every procurement, except those contracts below a certain level or amount specified in the IRR, in which case, the pre-procurement conference is optional.
In procurements involving and affecting national security, the pre-procurement conference shall be dependent upon the Head of Procurement Entity (HoPE), having due regard to the nature, classification, sensitivity, and confidentiality of the Goods, Infrastructure Projects and Consulting Services being procured.
The pre-procurement conference shall assess the readiness of the procurement in terms of confirming the certification of availability of funds, as well as reviewing all relevant documents in relation to their adherence to the law. This shall be attended by the BAC, the end-user unit or implementing unit, or officials who prepared the Bidding Documents and the draft invitation to bid. Consultants, if any, may likewise attend the pre-procurement conference, as necessary.
For the procurement of Goods and Infrastructure Projects, the BAC, based on the recommendation of the end-user unit, shall finally determine whether the contract will be awarded to the Lowest Calculated Responsive BId (LCRB) or the Most Economically Advantageous Responsive Bid (MEARB). The Government Procurement Policy Board (GPPB) is authorized to adopt other award criterion, such as, but not limited to, the Most Advantageous Responsive Bid (MARB), in the procurement of Goods and Infrastructure Projects consistent with the fit-for-purpose procurement approach. The specific terms and conditions of such award criterion shall be specified in the guidelines to be issued by the GPPB.
The MEARB, as an award criterion, may be used where the consideration of assigning weights for the technical and financial aspects of the project is more appropriate to recognize both the qualitative and economic value of the bid.
The period for the conduct of pre-procurement conference shall be provided in the IRR.
Publication and Contents of the Invitation to BId
In line with the principle of transparency and competitiveness and to ensure the widest possible dissemination thereof, all invitations to bid shall be published continuously by the Procuring Entity, and in the website or social media platforms of the Procuring Entity, if available, or such other channels as may be authorized by the GPPB. For justifiable reasons, Procuring Entities that cannot publish procurement opportunities in its website, social media platform, or such other channels authorized by the GPPB shall publish its invitation to bid, at least once, in a newspaper of general nationwide circulation.
In procurements involving and affecting national security, publication shall be dependent upon the HoPE, having due regard to the nature, classification, sensitivity, and confidentiality of the Goods, Infrastructure Projects, and Consulting Services being procured.
The details and mechanics of implementation shall be provided in the IRR.
The Invitation to Bid shall contain, among others:
- A brief description of the subject matter of the Procurement;
- A general statement on the criteria to be used by the Procuring Entity for the eligibility check, the examination and evaluation of Bids, and post-qualification: Provided, That in the case of procurement of Consulting Services, the invitation to bid shall also contain in the criteria for the shortlisting of prospective bidders;
- For the procurement of Goods and Infrastructure Projects, whether the contract will be awarded to the LCRB or the MEARB;
- If the contract is to be awarded to the MEARB, the criteria to be used in assessing the bid, the weight or score assigned by the Procuring Entity to each criterion, and the quality-price ration to determine the award;
- The date, time, and place of the deadline for the submission and receipt of the eligibility requirements, the pre-bid conference, if any, the submission and receipt of bids, and the opening of bids;
- The Approved Budget for the Contract (ABC) to be bid;
- The source of funds;
- The period of availability of the Bidding Documents, and the place where these may be secured;
- The contract duration; and
- Such other necessary information deemed relevant by the Procuring Entity.
Pre-Bid Conference
At least one (1) pre-bid conference shall be conducted for each procurement, unless otherwise provided in this IRR. Subject to the approval of BAC, a pre-bid conference may also be conducted upon the written request of any prospective bidder.
The pre-bid conference(s) shall be held at least twelve (12) calendar days before the deadline for receipt of bids to allow prospective bidders to adequately prepare their bids, which shall be specified in the IRR.
For purposes of transparency, efficiency, and competitiveness. Procuring Entities may guide prospective bidders in the understanding and accomplishment of the necessary documents to support their participation in the procurement process: Provided, That in procurements involving and affecting national security, the pre-bid conference shall be dependent on the HoPE, having due regard to the nature, classification, sensitivity, and confidentiality of Goods, Infrastructure Projects, and Consulting Services being procured.
Related Articles:
- Key Takeaways from the Government Procurement Act (Part III)
- Key Takeaways from the New Procurement Act (Part II)
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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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