The Government of the Republic of the Philippines

Philippine Bidding Documents

(As Harmonized with World Bank)

Procurement of CONSULTING SERVICES

The Government of the Republic of the Philippines

Second Edition

May 2005

Preface

This Philippine Bidding Documents (PBDs) for the procurement of Consulting Services through Competitive Bidding has been prepared by the Government of the Philippines (GOP) for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the Government, including government-owned and/or -controlled corporations (GOCCs), government financial institutions (GFIs), state universities and colleges (SUCs), and local government units (LGUs). The procedures and practices presented in this document have been developed through broad experience, and are for mandatory use in projects that are financed in whole or in part by the GOP or the World Bank in accordance with the provisions of the latest editions of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act 9184 (R.A. 9184). The use of this PBDs for contracts financed by World Bank shall be limited to bidding where only national consultants have been short listed and the estimated cost is below the established threshold, subject to application of acceptable provisions as indicated in this PBDs and the Loan Agreement or the Project Appraisal Document.

In order to simplify the preparation of Bidding Documents for each procurement, the PBDs groups the provisions that are intended to be used unchanged in Section II. Eligibility Documents of Part I; and Section II. Instructions to Bidders (ITB) and Section IV. General Conditions of Contract (GCC) of Part II. Data and provisions specific to each procurement and contract should be included inSection III. Eligibility Data Sheet of Part I,Section III. Bid Data Sheet (BDS), and Section V. Special Conditions of Contract (SCC) of Part II. The forms to be used are provided in the attachments.

Care should be taken to check the relevance of the provisions of the Bidding Documents against the requirements of the specific Consulting Services to be procured. The following general directions should be observed when using the documents:

(a)All the documents listed in the Table of Contents are normally required for the procurement of Consulting Services. 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 PROCURING ENTITY shall make the documents under Part II of this PBDs available to eligible Bidders determined in accordance with the provisions of 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, Terms of Reference, and Appendices 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 VI. Technical Proposal - Standard Forms, Section VII. Financial Proposal - Standard Forms, and Section IX. Appendices of Part II since these provide important guidance to Consultants.

(e)The criteria for evaluation and the various methods of evaluation in the ITB should be carefully reviewed. Only those that are selected to be used for the procurement in question should be retained and expanded, as required in the BDS. The criteria that are not applicable should be deleted from the BDS.

(f)The cover should be modified as required to identify the Bidding Documents as to the names of the Project, Contract, and PROCURING ENTITY, in addition to date of issue.

(g)If modifications must be made to bidding procedures, they can be presented in the BDS. Modifications for specific Project or Contract should be provided in the SCC as amendments to the Conditions of Contract. For easy completion, whenever reference has to be made to specific clauses in the EDS, BDS, or SCC these terms shall be printed in bold type face on Section II. Eligibility Documents, Section I. ITB, and Section III. GCC, respectively.

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TABLE OF CONTENTS

PART I

Section I. Invitation to Apply for Eligibility and to Bid

Section II. Eligibility Documents

Section III. Eligibility Data Sheet

PART II

Section I. Letter of Invitation to Bid

Section II. Instructionsto Bidders

Section III. Bid Data Sheet

Section IV. General Conditions of Contract

Section V. Special Conditions of Contract

Section VI. Technical Proposal - Standard Forms

Section VII. Financial Proposal - Standard Forms

Section VIII. Terms of Reference

Section IX. Appendices

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SectionI. Invitation to Apply for Eligibility and to Bid

Notes on the Invitation to Apply for Eligibility and to Bid
The Invitation to Apply for Eligibility and to Bid (IAEB) for consulting services is a call for Letters of Intent.[1] In accordance with Section 21 of the IRR-A of R.A. 9184, the IAEB should include a general statement on the criteria to be used by the PROCURING ENTITY for the eligibility check and short listing of prospective bidders.
The IAEB provides information that enables potential bidders to decide whether or not to participate in the procurement at hand. The 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 in between publications, in at least one (1) 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;
(b)Posted continuously in the website of the PROCURING ENTITY concerned, if available, the website of the PROCURING ENTITY’s service provider, if any, and the Government Electronic Procurement System (G-EPS) during the maximum period of fourteen (14) calendar days stated above;
(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 concerned, for a period of fourteen (14) calendar days, from the date of first posting/advertisement;
Apart from the essential items listed in the Bidding Documents, the IAEB should also indicate the following:
(a)The Bidding Documents shall be issued simultaneously to all consultants included in the short list.
(b)The set of criteria and rating system for short listing of prospective bidders to be used for the particular contract to be Bid, which shall consider the following, among others:
(i)Applicable experience of the consultant and its partner(s) in case of joint ventures (JV), considering both the overall experiences of the firm and the individual experiences of the principal and key staff including the times when employed by other firms;
(ii)Qualification of personnel who may be assigned to the job vis-à-vis extent and complexity of the undertaking; and
(iii)Current workload relative to capacity;
(c)The number of consultants to be short listed and the procedure to be used in the evaluation of Bids of short listed consultants, i.e., QBE or QCBE; and if QCBE, the weights to be allocated for Technical and Financial Proposals;
(d)The period of availability of Bidding Documents, the place where it may be secured, the deadline for submission of the Letter of Intent (LOI) together with the application for eligibility, and the deadline for submission of bids from the short listed consultants; and
(e)The contract duration.
In the case of WB funded projects, the IAEB shall be sent to all who have expressed an interest in undertaking the services as a result of any General Procurement Notice issued. In addition, it shall also be sent to all heads of associations of consultants within the area where the project will be undertaken.

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Invitation to Apply for Eligibility and to Bid[2]

Republic of the Philippines

[Insert name of Project]

[Insert Brief Description of Services]

[Loan/Credit/GrantNo.][3]

1.Select one of the two following paragraphs and delete the other depending on the Funding Source.

If the Funding Source is wholly GOP:

The [insert name of PROCURING ENTITY], through the [insert source of funding and year][4]intends to apply the sum of [insert the approved budget for contract] being the Approved Budget for the Contract (ABC) to payments under the contract for [insert name/no. of contract]. Bids received in excess of the ABC shall be automatically rejected at the opening of the financial proposals.

Or, if the Funding Source is WB:

The Government of the Philippines (GOP) [has received/has applied for/intends to apply for] a [Loan/Credit/Grant] from the [insert name of Funding Source] toward the cost of [insert name of project], and it intends to apply part or whole of the proceeds of this [loan/credit], together with the GOP counterpart,to payments under the contract for [insert name/no. of contract].

1. The [insert name of the PROCURING ENTITY] now calls for the submission of [Letters of Intent (LOIs)/Expressions of Interest] from potential bidders to apply for eligibility and short listing for [insert brief description of services to be procured]. Interested consultants 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 that are short listed will be entitled to submit bids.

1. The BAC shall draw up the short list of consultants from those who have submitted [LOIs/Expressions of Interest] and have been determined as eligible both in accordance with the provisions of Republic Act 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A). The short list of prospective bidders shall consist of [insert number of short list allowed][5] consultants. The criteria and rating system for short listing are:

[Insert here a general statement on the criteria and rating system to be used for the short listing]

1. [LOIs/Expressions of Interest] must be delivered by hand, through mail, or facsimileto the address belowat [insert time] on or before [insert date].

1. Bidding will be conducted through open competitive bidding procedures as specified in the IRR-A of R.A. 9184, and is restricted, unless otherwise stated, to Filipino citizens or organizations with at least sixty percent (60%) interest belonging to citizens of the Philippines. In accordance with IRR-A of R.A 9184, only bids from short listed consultants will be opened. The process for the eligibility check is described in the Eligibility Documents. In accordance with the IRR-A of R.A. 9184 the contract will only be awarded to the Highest Rated and Responsive Bidder who was determined as such during post-qualification.

The PROCURING ENTITY shall evaluate bids using the [indicate if Quality Based Evaluation/Selection (QBE/QBS), Quality-Cost Based Evaluation/Selection (QCBE/QCBS), Fixed Budget Selection, or Least-Cost Selection] procedure. [In case QCBE is used, insert the following sentence here: The PROCURING ENTITY shall indicate the weights to be allocated for the Technical and Financial Proposals]. The criteria and rating system for the evaluation of bids shall be provided in the Instructions to Bidders.

5.Interested consultants may obtain further information from [insert name of the PROCURING ENTITY] at the address given below from [insert office hours].

6.The contract shall be completed within [insert the expected contract duration in days or months].

7.The [insert name of the PROCURING ENTITY] reserves the right to reject any and all bids, annul the bidding process, or not award the contract at any time prior to contract award, without thereby incurring any liability to the affected bidder or bidders.

[Insert name of office]

[Insert name of officer]

[Insert postal address] and/or [Insert street address]

[Insert telephone number, indicate city code]

[Insert contact’s email address]

[Insert facsimile number]

[Insert website address, if applicable]

______

Signature of the BAC Chairman or

Authorized Representative of the BAC Chairman

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Section II. Eligibility Documents

Notes on the Eligibility Documents
This Section provides the information necessary for prospective bidders to prepare responsive Eligibility Documents in accordance with the requirement of the PROCURING ENTITY.
The provisions contained in this Section are to be used unchanged. Additional information or requirements specific to each procurement shall be specified in the EDS.

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1.Eligibility Criteria

1.1.Consultants may either be:

(a)A Filipino Consultant. A Filipino Consultant may be an individual, sole proprietorship, partnership, corporation or a JV satisfying the definition of a Consultant under the IRR-A of R.A. 9184 and the following requirements:

(a.1)Individual –

(i)Must be a citizen of the Philippines; and

(ii)When the types and fields of consulting services in which he wishes to engage involve professions regulated by the laws of the Philippines, he must be a registered professional authorized by the appropriate regulatory body to practice those professions and allied professions.

(a.2)Sole Proprietorship –

(i)The owner of the sole proprietorship must be a citizen of the Philippines;

(ii)The sole proprietorship firm must be registered with and authorized by the Bureau of Domestic Trade; and

(iii)When the types and fields of consulting services in which the sole proprietorship wishes to engage involve professions regulated by laws of the Philippines, the owner and key staff of the sole proprietorship must be registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions.

(a.3)Partnership –

(i)At least sixty (60%) of the partnership’s interest must be owned by citizens of the Philippines;

(ii)The partnership firm must be registered with and authorized by the Securities and Exchange Commission (SEC) to engage in the particular type of consulting service(s); and

(iii)When the types and fields of consulting services in which the partnership firm wishes to engage involve professions regulated by laws of the Philippines, all the partners of the professional partnership firm and those who shall actually perform the services shall be registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions.

(a.4)Corporation –

(i)At least sixty percent (60%) of the outstanding capital stock must be owned by citizens of the Philippines;

(ii)The corporation must be registered with and authorized by the SEC and whose primary purpose is to engage in the particular type of consulting service(s) involved; and

(iii)When the types and fields of consulting services in which the corporation wishes to engage involve the practice of professions regulated by law, all the stockholders and directors of the corporation and those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice the said professions and allied professions, provided, however, that the relevant laws allow corporations to engage in the said services.

(a.5)Joint Venture –

JVs among Filipino Consultants and among Filipino and Foreign Consultants may be allowed if such results in better quality of consultancy subject to pertinent laws and the relevant provisions of the IRR-A of R.A. 9184. The JV shall be jointly and severally responsible for the obligations and the civil liabilities arising from the consulting services, provided that Filipino ownership or interest thereof shall be at least sixty percent (60%). However, when the types and fields of consulting services in which the JV wishes to engage involve the practice of professions regulated by law, all members of the JV, and all the partners or stockholders and directors of each member, as well as all those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions. For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the JV as specified in their Joint Venture Agreement (JVA).

(b)A Foreign Consultant. A Foreign Consultant may be an individual, sole proprietorship, partnership, corporation or JV satisfying the definition of a Consultant under the IRR-A of R.A. 9184, but not meeting the citizenship, ownership, interest and/or registration/authorization requirements for a Filipino Consultant provided above. To qualify for hiring for consulting services, the Foreign Consultant must satisfy the following minimum requirements:

(b.1)The Foreign Consultant must be registered with the SEC and/or any agency authorized by the laws of the Philippines; and

(b.2)When the types and fields of consulting services in which the Foreign Consultant wishes to engage involve the practice of regulated professions, the Foreign Consultant must be authorized by the appropriate Philippine Government professional regulatory body to engage in the practice of those professions and allied professions: Provided, however, that the limits of such authority shall be strictly observed.

2.Eligibility Requirements

2.1.The eligibility requirements listed in the following clause shall be submitted to the Bids and Awards Committee (BAC) in advance of the Pre-Bid Conference in a sealed envelope duly marked in accordance with Clause 4. These eligibility envelopes of prospective bidders shall be submitted on or before the date of the Eligibility Check specified in the Invitation to Apply for Eligibility and to Bid (IAEB) for purposes of determining eligibility of prospective bidders.