Philippine Civil Engineering Law (RA 544)

RA 544 'CIVIL ENGINEERING LAW'

• The Board of Examiners is formed 30 days after approval, with members being at least 30 years old.
• Fees and compensation are set at 40, 20, and 5.
• Examination dates are every 2nd Monday of February and August.
• The Commissioner of PRC acts as the executive officer of the Board.
• Registration is revoked after 1 year of expiration.
• RA 2985 provisions apply, except for those under RA 3159.
• The law took effect on June 17, 1950.

RA 9154 'GOVERNMENT PROCUREMENT REFORM ACT'

• The law was signed on January 10, 2003, published on January 11, 2003, and took effect on January 26, 2003.
• Key terms include:
  • ABC: Approved Budget for the Contract
  • BAC: Bids and Awards Committee
  • Bidding Documents: issued by the Procuring Entity
  • Bid: signed offer or proposal
  • Competitive Bidding: method of procurement
  • Consulting Services
  • G-EPS: Government Electronic Procurement System
  • Goods: items, supplies, or materials
  • GPPB: Government Procurement Policy Board
  • Head of the Procuring Entity
  • Infrastructure Projects
  • IRR: Implementing Rules and Regulations
  • Portal: website
  • Procurement: governed by RA 8974 provisions
  • Procuring Entity
• BAC has 5-7 members and at least 2 observers.
• Honoraria for BAC members is not exceeding 25% of their basic monthly salary.
• Bidding Documents include:
  • Approved Budget for the Contract
  • Instructions to Bidders
  • Terms of Reference
  • Eligibility Requirements
  • Plans and Technical Specifications
  • Form of Bid, Price Form, and List of Goods or Bill 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
• At least one pre-bid conference is conducted.
• Bids have 2 components: Technical and Financial.
• Preliminary criteria for bids use a 'pass/fail' system.
• The lowest calculated bid is determined, and the highest rated bid is tested against all criteria.
• The lowest calculated responsive bid is awarded.
• Notice and execution of award do not exceed 15 calendar days.
• The winning bidder enters into a contract with the procuring entity within 10 days.
• Approval or disapproval is given within 20 days.
• The procuring entity takes action on the recommendation within 30 days.
• The procuring entity issues a notice to proceed to the winning bidder within 7 days.
• The opening of bids to awarding of contract does not exceed 3 months.
• Provincial bidders are given 5 years to comply with this act.
• Alternative methods of procurement include:
  • Limited Source Bidding (Selective Bidding)
  • Direct Contracting (Single Source Procurement)
  • Repeat Order
  • Shopping
  • Negotiated Procurement (under extraordinary circumstances)
• RA 876 (Arbitration Law) applies.