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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 Bids and Awards Committee (BAC) or, under special circumstances specified in the Implementing Rules and Regulations, its duly designated organic office, shall require the submission of the prospective bidder’s valid and updated Philippine Government Electronic Procurement System (PhilGEPS) Certificate of Registration and Membership to ensure that the bidder is technically, legally, and financially capable to undertake the proposed project for the procurement of Goods, Infrastructure Projects, and Consulting Services within the period set forth in the Invitation to Bid.
RECEIPT AND OPENING BIDS
A prospective bidder may be allowed to submit its eligibility requirement electronically. However, the said bidder shall later on certify under oath as to the correctness of the statements made and completeness and authenticity of the documents submitted.
For procurement of Goods and Infrastructure Projects, joint ventures may participate: Provided, That the primary purpose of each member of the joint venture shall be jointly and severally liable to the Procuring Entity in cases of breach or failure to comply with the requirements of the project.
The documents submitted to support the issuance of the PhilGEPS Certificate of Registration and Membership shall be subject to validation by the BAC during post-qualification.
The bidder shall ensure that its Certificate of Registration and Membership are current and updated. The failure to update its Certificate with the current and updated supporting documents shall result in the automatic suspension of the bidder’s certificate.
Short-Listing for Consulting Services
The eligible prospective bidders for the procurement of Consulting Services shall 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 bidders that shall be allowed to submit their respective bids.
Submission and Receipt of Bids
A bid shall have two (2) components, namely the technical and financial components, which shall be in separate sealed envelopes, and which shall be submitted simultaneously. The bids shall be received by the BAC on such date, time, and place specified in the Invitation to Bid. The deadline for the receipt of bids shall be fixed by the BAC, providing sufficient time to complete the bidding process and giving the prospective bidders sufficient time to study and prepare their bids. The deadline shall also consider the urgency of the procurement involved.
Bids submitted after the deadline shall not be accepted.
Notwithstanding the provisions of this Act, the Green Public Procurement (GPP) shall adopt technological advances to enhance the procurement process, and leverage emerging technologies and innovative procedures for the submission, receipt, and opening of bids through the PhilGEPS.
Modification and Withdrawal of Bids
Bidders may modify their bids: Provided, That this is done before the deadline for the receipt of bids. In such cases, they shall no longer be allowed to submit another bid for the same contract either directly or indirectly.
Bid Security
All Bids under modes of procurement to be determined in the IRR shall be accompanied by a Bid security, which shall serve as a guarantee that, after receipt of Notice of Award, the winning bidder shall enter into contract with the Procuring Entity within the stipulated time and furnish the required performance security. The specific amounts and allowable forms of the Bid security shall be prescribed in the IRR: Provided, That sectors enumerated in this Act may be allowed to post such other forms such as a bid securing declaration.
Bid Validity
Bids and Bid securities shall be valid for such a reasonable period of time indicated in the Bidding Documents. The duration for each undertaking shall take into account the time involved in the process of Bid evaluation and award of contract.
Bid Opening
The BAC shall publicly open all bids at all time, date, and place specified in the bidding documents: Provided, That it shall be held not later than one (1) calendar day after the deadline for the submission and receipt of Bids. The minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee.
Related Articles:
- Key Takeaways from the New Government Procurement Act (Part IV) – ALBURO ALBURO AND ASSOCIATES LAW OFFICES
- Key Takeaways from the Government Procurement Act (Part III) – ALBURO ALBURO AND ASSOCIATES LAW OFFICES
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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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