Procurement Procedures Quiz
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Questions and Answers

What is a primary characteristic of the Two-Failed Biddings modality in terms of bidder eligibility documentation?

  • Only technical documents are necessary for all bidders.
  • Bidders must submit additional financial statements.
  • Procuring Entities can select which eligibility documents to require. (correct)
  • Bidders are exempt from submitting any documents.
  • In the context of Shopping procedures, what is the BAC's requirement when sourcing suppliers?

  • Quotations can be requested from just one supplier if preferred.
  • At least three price quotations from qualified suppliers must be obtained. (correct)
  • They must only use suppliers listed in the DBM-PS.
  • They must send requests to a minimum of five suppliers.
  • Which of the following modalities is used for procurement when handling extremely technical projects?

  • Shopping A
  • NP-Highly Technical (correct)
  • NP-Direct Retail Purchase
  • NP-Adjacent or Contiguous
  • Which statement accurately describes the role of discounts in bidding processes?

    <p>Bidders may include discounts that affect their overall bid price.</p> Signup and view all the answers

    What method is commonly used to resolve tie bids among suppliers?

    <p>Drawing lots or random selection.</p> Signup and view all the answers

    What must the procuring entity clearly state in the Invitation to Bid regarding price evaluation?

    <p>How prices should be rounded off</p> Signup and view all the answers

    What is the process to be followed if a tie occurs during the bid opening?

    <p>Continue with Bid Evaluation and Post-Qualification</p> Signup and view all the answers

    Is it permissible for a bid to exceed the Approved Budget for the Contract (ABC) if it includes a significant discount?

    <p>Yes, if the offer of discount is stated in the Bid Form</p> Signup and view all the answers

    Can bids that are not within the ABC be considered for contract award?

    <p>Yes, if they are the lowest calculated and responsive bid</p> Signup and view all the answers

    What essentially defines a Lowest Calculated Responsive Bid (LCRB)?

    <p>The bid that adheres to budgetary restrictions and meets all requirements</p> Signup and view all the answers

    Under which condition might a procuring entity need to consider offsetting overpricing in some items with underpricing in others?

    <p>When the overall bid is within the ABC</p> Signup and view all the answers

    What is expected when two bidders present identical bids after qualification?

    <p>A tie-breaking method should be employed</p> Signup and view all the answers

    If a procuring entity fails to apply rounding in bids uniformly, what might the outcome be?

    <p>Potential for unfair bid evaluations</p> Signup and view all the answers

    What happens if a bidder withdraws their bid after the deadline for submission?

    <p>They will forfeit their bid security.</p> Signup and view all the answers

    How many times can a bidder withdraw from bidding within a year before facing penalties?

    <p>Three times</p> Signup and view all the answers

    Under what circumstances should the Bids and Awards Committee open a reconsidered bid?

    <p>Under the same circumstances as the initial bid opening.</p> Signup and view all the answers

    Is rounding off numbers during bid evaluation considered an arithmetical correction?

    <p>Yes, it is considered an arithmetical correction.</p> Signup and view all the answers

    What are the consequences for a bidder who submits a letter of non-participation?

    <p>They may be penalized if done habitually.</p> Signup and view all the answers

    Which of the following statements about bid security is correct?

    <p>It is forfeited if a bidder withdraws a bid after the deadline.</p> Signup and view all the answers

    What must be considered when performing arithmetical corrections during bid evaluation?

    <p>Computational errors and omissions must be included.</p> Signup and view all the answers

    What is a possible ground for administrative penalties for bidders?

    <p>Habitually withdrawing from bidding processes.</p> Signup and view all the answers

    The award shall be made to the lowest Domestic ______, provided his bid is not more than fifteen percent (15%) in excess of the lowest Foreign bid.

    <p>Bidder</p> Signup and view all the answers

    There are restrictions on sources of labor and materials under RA 9184, except for ______ labor, if available locally.

    <p>unskilled</p> Signup and view all the answers

    Public/competitive bidding is the primary mode of ______.

    <p>procurement</p> Signup and view all the answers

    Public opening of bids is required, and the conduct of this should closely follow the bid ______ deadline.

    <p>submission</p> Signup and view all the answers

    The law requires ______ envelopes for goods and works, which are opened on the same day of the bid opening.

    <p>two</p> Signup and view all the answers

    WB discourages the use of two-envelope bidding unless domestic law ______ such usage.

    <p>precludes</p> Signup and view all the answers

    Prospective bidders are required to log in to the ______ to purchase the Bidding Documents.

    <p>PhilGEPS</p> Signup and view all the answers

    For two-envelope bidding, adequate ______ must be in place against retaining the second envelope unopened.

    <p>safeguards</p> Signup and view all the answers

    A bidder can purchase the Bidding Documents even if the seven-day posting at PhilGEPS has ______.

    <p>lapsed</p> Signup and view all the answers

    Effective bid protest mechanisms are important for the due processing of bid ______.

    <p>complaints</p> Signup and view all the answers

    Pre-Bid Conference Statement A indicates that it should be held at least ______ calendar days before the deadline for bid submission.

    <p>10</p> Signup and view all the answers

    Statement B is required for procurement projects with ABC equal to or more than ______.

    <p>1,000,000.00</p> Signup and view all the answers

    The purpose of the Pre-Bid Conference is to discuss, clarify, and explain ______ aspects of the project.

    <p>different</p> Signup and view all the answers

    A ______ bulletin is issued by BAC to answer requests for clarification or interpretation of bidding documents.

    <p>Supplemental</p> Signup and view all the answers

    Prospective bidders who did not purchase bidding documents may not be allowed to attend the ______ conference.

    <p>pre-bid</p> Signup and view all the answers

    A query submitted for clarification must be done at least ______ calendar days before the deadline.

    <p>10</p> Signup and view all the answers

    There is an eligibility requirement of at least 60% Filipino ______ for procurement of goods and consulting services.

    <p>ownership</p> Signup and view all the answers

    Eligibility restrictions based on nationality of bidders are not ______.

    <p>allowed</p> Signup and view all the answers

    Advertisement is required for contracts estimated to cost $500,000 or more for goods and related services, and $______ or more for civil works.

    <p>1,000,000</p> Signup and view all the answers

    A period of at least ______ days for bid preparation is required according to ADB.

    <p>28</p> Signup and view all the answers

    A period of at least ______ days for bid preparation is required according to WB.

    <p>30</p> Signup and view all the answers

    If the procuring entity determines that international participation will be more ______ to the GOP, the time for bid preparation may exceed 30 days.

    <p>advantageous</p> Signup and view all the answers

    Award should be made to the lowest calculated and responsive ______.

    <p>bidder</p> Signup and view all the answers

    The law requires advertisement of invitations to ______ or request for expression of interest for contracts undertaken through competitive bidding.

    <p>bid</p> Signup and view all the answers

    Price negotiation is not allowed, except where the bid price is substantially above ______ or budget levels.

    <p>market</p> Signup and view all the answers

    The law sets the eligibility requirement for procurement of infrastructure projects at least ______% Filipino ownership.

    <p>75</p> Signup and view all the answers

    It is allowed in consulting services procured using the ______-Based Evaluation Method.

    <p>Quality</p> Signup and view all the answers

    Price adjustment is allowed when the cost of the awarded contract is affected by any applicable new ______.

    <p>law</p> Signup and view all the answers

    Price adjustment is not required, except for delivery of goods or completion of works, extending beyond ______ months.

    <p>18</p> Signup and view all the answers

    Under extraordinary circumstances with prior approval of the GPPB, price adjustment can be made for contracts affected by new ______.

    <p>ordinance</p> Signup and view all the answers

    Negotiations are carried out to try to reach a satisfactory ______ through reduction in scope.

    <p>contract</p> Signup and view all the answers

    The law prohibits negotiation with the lowest calculated and responsive ______.

    <p>bidder</p> Signup and view all the answers

    The PE cannot bar non-bidders from observing its scheduled opening of ______.

    <p>bids</p> Signup and view all the answers

    The public is entitled to observe the bid opening subject to the sound, regulatory discretion of the ______.

    <p>procuring entity</p> Signup and view all the answers

    A disqualified bidder has an interest in the outcome of the ______ process.

    <p>bidding</p> Signup and view all the answers

    The PE can regulate the manner by which bidders, prospective bidders, disqualified bidders, and non-bidders will participate in the bid ______.

    <p>opening</p> Signup and view all the answers

    The proper conduct of the opening of bid envelopes is in accordance with the provisions of the ______ of RA 9184.

    <p>IRR</p> Signup and view all the answers

    If a bidder's bid is declared disqualified, it may not be opened on the scheduled bid opening ______.

    <p>date</p> Signup and view all the answers

    The ______ has the authority to set the rules on the conduct of its bid opening.

    <p>procuring entity</p> Signup and view all the answers

    The IRR of RA 9184 should be made available to ______ and to the public at large.

    <p>bidders</p> Signup and view all the answers

    The law sets limitations on the number of firms who can bid for a contract.

    <p>False</p> Signup and view all the answers

    Foreign firms are not allowed to form joint ventures with local firms to meet eligibility requirements.

    <p>False</p> Signup and view all the answers

    Joint venture partners are jointly and severally liable for their obligations.

    <p>True</p> Signup and view all the answers

    Minimum experience and technical requirements for bidding must be vague to allow for flexibility.

    <p>False</p> Signup and view all the answers

    Firms participating in bank financed contracts may not form joint ventures to enhance their qualifications.

    <p>False</p> Signup and view all the answers

    A document that is not signed and/or notarized is considered a patently sufficient submission.

    <p>False</p> Signup and view all the answers

    The BAC has the authority to delegate the opening of bids to the BAC Secretariat.

    <p>False</p> Signup and view all the answers

    The second bid envelope can be returned unopened if the first bid is declared failed for missing documents.

    <p>True</p> Signup and view all the answers

    The Procuring Entity can allow non-bidders to observe the opening of bids.

    <p>True</p> Signup and view all the answers

    Bid envelopes must be opened by the BAC in the presence of the BAC Secretariat.

    <p>False</p> Signup and view all the answers

    The process of returning a failed bid’s second envelope is mandatory, regardless of circumstances.

    <p>False</p> Signup and view all the answers

    The law mandates that the award be made to the highest calculated and responsive bidder.

    <p>False</p> Signup and view all the answers

    A document may be deemed sufficient even if it is missing critical signatures.

    <p>False</p> Signup and view all the answers

    If a first bid is declared failed for submission errors, the BID will always be rated as 'failed'.

    <p>True</p> Signup and view all the answers

    Price negotiation is permissible when the bid price is below market levels.

    <p>False</p> Signup and view all the answers

    Price adjustments are required for contracts that are impacted by new laws or regulations.

    <p>False</p> Signup and view all the answers

    The award can be made to any bidder if the bids exceed the Approved Budget for the Contract (ABC).

    <p>False</p> Signup and view all the answers

    Consulting services using the Quality-Based Evaluation Method can engage in price negotiation.

    <p>True</p> Signup and view all the answers

    Price adjustments are not required for completion of works that extend beyond 18 months.

    <p>True</p> Signup and view all the answers

    The law allows for negotiation with the lowest calculated and responsive bidder.

    <p>False</p> Signup and view all the answers

    Adjustment in price is allowed if new regulations are enacted after the bid opening.

    <p>True</p> Signup and view all the answers

    A contract is effective immediately upon signing by both parties.

    <p>False</p> Signup and view all the answers

    The Procuring Entity must enter into a contract with the winning bidder within fifteen (15) calendar days after the Notice of Award.

    <p>False</p> Signup and view all the answers

    The documents that form part of the contract include the Performance Security and the Notice of Award of Contract.

    <p>True</p> Signup and view all the answers

    Notices called for by the terms of the contract are considered effective upon dispatch.

    <p>False</p> Signup and view all the answers

    The contract agreement is the only document required to form part of the contract.

    <p>False</p> Signup and view all the answers

    All Government contracts must be reviewed by NEDA before being submitted to the President.

    <p>False</p> Signup and view all the answers

    The Supplier may begin delivering goods only after receiving the Notice to Proceed.

    <p>True</p> Signup and view all the answers

    A detailed summary of pertinent laws is not required when submitting a government contract.

    <p>False</p> Signup and view all the answers

    A bidder may withdraw its bid only once within a bidding year without facing penalties.

    <p>False</p> Signup and view all the answers

    Rounding off numbers during bid evaluation is classified as an arithmetical correction.

    <p>True</p> Signup and view all the answers

    A bidder that withdraws its bid before the deadline is allowed to submit another bid for the same contract.

    <p>False</p> Signup and view all the answers

    The Bids and Awards Committee can open a reconsidered bid under different circumstances than the original bids.

    <p>False</p> Signup and view all the answers

    Submitting a letter of non-participation just before the deadline is permissible without any consequences for a bidder.

    <p>False</p> Signup and view all the answers

    The act of a bidder withdrawing its bid past the submission deadline may lead to forfeiture of bid security.

    <p>True</p> Signup and view all the answers

    Only the lowest calculated bid must be considered during bid evaluation according to the rules.

    <p>False</p> Signup and view all the answers

    A bidder who habitually submits letters of non-participation may not face any consequences if reasons are valid.

    <p>True</p> Signup and view all the answers

    The award shall be made to the lowest Domestic Bidder, provided his bid is not more than twenty percent (20%) in excess of the lowest Foreign bid.

    <p>False</p> Signup and view all the answers

    There are no restrictions on sources of labor and materials under RA 9184, except for unskilled labor, which is not allowed locally.

    <p>False</p> Signup and view all the answers

    The opening of bids is required to be conducted on the same day as the deadline for bid submission.

    <p>True</p> Signup and view all the answers

    For goods and works, the law allows three envelopes to be opened at different times during the bidding process.

    <p>False</p> Signup and view all the answers

    Under WB guidelines, the use of two-envelope bidding is discouraged regardless of the domestic laws.

    <p>False</p> Signup and view all the answers

    Adequate care must be in place to prevent retaining the second envelope unopened for two-envelope bidding procedures.

    <p>True</p> Signup and view all the answers

    A period of at least ten days for bid preparation is required according to ADB guidelines.

    <p>False</p> Signup and view all the answers

    Price adjustment is not required when the delivery of goods exceeds six months.

    <p>True</p> Signup and view all the answers

    Legal documents must be submitted by all co-venturers, but only one needs to submit technical documents.

    <p>True</p> Signup and view all the answers

    In PhilGEPS, it is possible to create an award notice without first posting the bid notice.

    <p>True</p> Signup and view all the answers

    A bid that has no price indicated is deemed fully responsive.

    <p>False</p> Signup and view all the answers

    Specifying a ‘0’ or ‘-’ in a bid indicates that the offered service or product is free of charge.

    <p>True</p> Signup and view all the answers

    A registered user in the Buyer Directory module of PhilGEPS can view a list of all registered government agencies.

    <p>False</p> Signup and view all the answers

    Bid securities can be returned before the contract is signed by the bidder with the Lowest Calculated Responsive Bid.

    <p>False</p> Signup and view all the answers

    All technical specifications for procurement must reflect necessary terms in the bidding documents.

    <p>True</p> Signup and view all the answers

    The responsibilities of the BAC include the preparation of procurement documents based on the end-user's needs.

    <p>True</p> Signup and view all the answers

    A document is deemed complete if it contains all required information and meets the bidding documents' stipulations.

    <p>True</p> Signup and view all the answers

    Bidding and award of contracts for infrastructure projects can be made without adherence to technical specifications.

    <p>False</p> Signup and view all the answers

    A bid can still be considered responsive if it does not provide all the required items under the Instructions to Bidders.

    <p>False</p> Signup and view all the answers

    Brand names are allowed in the procurement of goods under Philippine law as long as they meet performance requirements.

    <p>True</p> Signup and view all the answers

    All partners in a joint venture must provide the PhilGEPS Certificate of Registration regardless of their roles.

    <p>False</p> Signup and view all the answers

    It is necessary for the BAC to disclose all information about bidding results to prospective bidders regardless of their participation.

    <p>False</p> Signup and view all the answers

    The Bidding and Awards Committee (BAC) can consider a bid responsive if only partial requirements are met under the outlined conditions.

    <p>False</p> Signup and view all the answers

    The laws surrounding government procurement require a minimum of 30 days for bid preparation in competitive bidding.

    <p>True</p> Signup and view all the answers

    The Procuring Entity must post the Notice to Proceed and the approved contract within fifteen (15) calendar days from the issuance of the Notice to Proceed.

    <p>True</p> Signup and view all the answers

    Extraordinary fortuitous events include traffic jams, tornadoes, and unusual floods.

    <p>False</p> Signup and view all the answers

    The winning bidder must receive the Notice of Award (NOA) before entering into a contract with the Procuring Entity.

    <p>True</p> Signup and view all the answers

    The time frame for the Procuring Entity to enter into a contract with the winning bidder is fifteen (15) calendar days from the receipt of the Notice of Award.

    <p>False</p> Signup and view all the answers

    Pestilence is classified as an Extraordinary Fortuitous Event according to the Revised Guidelines on Contract Price Escalation.

    <p>True</p> Signup and view all the answers

    A bid price that exceeds the Project's ABC can still be considered if the discount offered is substantial enough to bring it below the ABC.

    <p>True</p> Signup and view all the answers

    The demonstration of a bidding item before the bidding process is not considered a pre-qualification requirement under Republic Act No. 9184.

    <p>False</p> Signup and view all the answers

    There is a requirement to notify all bidders about the results of the bid evaluation as per Republic Act No. 9184.

    <p>False</p> Signup and view all the answers

    Bidders who do not attend the required demonstration of an item may still be allowed to participate in the subsequent bidding process.

    <p>True</p> Signup and view all the answers

    A bidder can only receive notification of post-disqualification after the submission of all bids is completed.

    <p>True</p> Signup and view all the answers

    The discount offered in a bid proposal can be made after the bids are opened as long as it is documented.

    <p>False</p> Signup and view all the answers

    The guidelines established by Republic Act No. 9184 prohibit the evaluation of bids based on technical demonstrations conducted prior to bidding.

    <p>True</p> Signup and view all the answers

    A bidder's eligibility can be determined by their participation in a demonstration if the results serve to establish technical specifications for the project.

    <p>False</p> Signup and view all the answers

    What is the primary purpose of conducting a market study in the procurement process?

    <p>To gather data on vendor capabilities and product characteristics.</p> Signup and view all the answers

    Which of the following statements accurately describes the Approved Budget for the Contract (ABC)?

    <p>The ABC must be consistent with the project appropriations in various official documents.</p> Signup and view all the answers

    What is required for technical specifications to meet the needs of a procuring entity?

    <p>They must be clear, unambiguous, and comprehensive.</p> Signup and view all the answers

    What distinguishes a procurement process from other bidding modalities?

    <p>It includes a systematic approach to market and vendor analysis.</p> Signup and view all the answers

    Why are detailed engineering investigations important in the procurement process?

    <p>They clarify the project's technical specifications and scope.</p> Signup and view all the answers

    What authority do Procuring Entities have under the Two-Failed Biddings modality regarding bidder documentation?

    <p>They can choose which eligibility documents to require after a mandatory review.</p> Signup and view all the answers

    Which statement best reflects the process for obtaining quotations in a Shopping modality?

    <p>At least three price quotations must be obtained from suppliers of known qualifications.</p> Signup and view all the answers

    Under which condition does direct contracting become permissible in procurement?

    <p>When there is a confirmed emergency as determined by the BAC.</p> Signup and view all the answers

    In the context of procurement modalities, what distinguishes NP-Adjacent or Contiguous from other non-competitive procurement methods?

    <p>It is used when procurement is done in close geographical proximity.</p> Signup and view all the answers

    What is a key characteristic of the NP-SSAWETMS modality in procurement?

    <p>It is specifically utilized for high value and highly technical projects.</p> Signup and view all the answers

    What is the primary condition under which price negotiation may occur according to WB and ADB policy?

    <p>When the bid price is substantially above market or budget levels</p> Signup and view all the answers

    In what scenario is price adjustment allowed for awarded contracts?

    <p>If a new law is enacted after bid opening affecting contract costs</p> Signup and view all the answers

    How does the regulation regarding bid award differ between RA 9184 and MDB policies?

    <p>RA 9184 mandates award to the lowest responsive bid, while MDBs allow broader criteria</p> Signup and view all the answers

    Which of the following statements is true about the process of bidding under RA 9184?

    <p>Price adjustments are allowed but require prior approval from the GPPB</p> Signup and view all the answers

    What is a crucial step the BAC must take after two failed biddings?

    <p>Revise the bidding documents and conduct a mandatory review</p> Signup and view all the answers

    Which of the following is a requirement for price negotiations under WB policy?

    <p>Approval must be secured before any contract is awarded</p> Signup and view all the answers

    Under what condition can the ABC be adjusted after a failed bidding?

    <p>It can only be increased by up to 20% of the last failed bidding's ABC</p> Signup and view all the answers

    What does RA 9184 state about the conduct of price adjustments?

    <p>They are permitted only under extraordinary circumstances with GPPB approval</p> Signup and view all the answers

    What authority does the Head of the Procuring Entity (HoPE) have regarding the approval of government contracts?

    <p>Authority to delegate final approval for contracts awarded through public bidding</p> Signup and view all the answers

    In consulting services, what method is predominantly used according to the available policies?

    <p>Quality-Based Evaluation Method</p> Signup and view all the answers

    What does Executive Order 423, as amended, primarily address concerning government contracts?

    <p>Review and approval process for government contracts</p> Signup and view all the answers

    Which of the following best describes the condition for a bid to be considered responsive?

    <p>It must meet all technical specifications and requirements set forth</p> Signup and view all the answers

    What is required for contracts that need action from the President as per E.O. 423?

    <p>They must undergo additional scrutiny and legal review</p> Signup and view all the answers

    What must the HoPE provide to validate the contracts entered into by their agency?

    <p>A certification under oath confirming adherence to laws</p> Signup and view all the answers

    What is the maximum increase allowed for the ABC after a mandatory review if the procuring entity opts for negotiated procurement?

    <p>20% of the last failed bidding's ABC</p> Signup and view all the answers

    In the context of two-failed biddings, what are the committee's responsibilities?

    <p>Conduct a review and adjust technical specifications if needed</p> Signup and view all the answers

    What is the purpose of the Approved Budget for the Contract (ABC) in foreign-funded procurement?

    <p>It is used to set the financial limits for contract proposals.</p> Signup and view all the answers

    During the Pre-Procurement Conference, which element is NOT typically discussed?

    <p>The construction timeline of the project.</p> Signup and view all the answers

    Which committee is primarily responsible for the evaluation of bids during the procurement process?

    <p>Bids and Awards Committee (BAC)</p> Signup and view all the answers

    What is specifically required from bidders regarding eligibility documentation?

    <p>Submission of eligibility documents is mandatory for all bidding projects.</p> Signup and view all the answers

    In the context of bidding procedures, what does 'Post-qualification' involve?

    <p>Validating the information provided in eligibility documents.</p> Signup and view all the answers

    Which of the following is a correct action during the bid evaluation stage?

    <p>Review bids based on cost estimates and technical proposals.</p> Signup and view all the answers

    In awarding a contract, what criteria is used to rank eligible suppliers or contractors?

    <p>Lowest calculated responsive bid (LCRB).</p> Signup and view all the answers

    What does the term 'Multi-Year Contracting Authority (MYCA)' refer to?

    <p>Authorization for contracts that extend multiple years.</p> Signup and view all the answers

    What is the minimum amount that requires a Pre-Procurement Conference for goods procurement?

    <p>Php2M</p> Signup and view all the answers

    How many calendar days after submission of bids is the 1st envelope opened?

    <p>7 calendar days</p> Signup and view all the answers

    What must bidders ensure regarding the submission of their financial bids?

    <p>The financial proposal must be sealed separately from the technical proposal.</p> Signup and view all the answers

    What is the significance of a 'Lowest Calculated Bidder' during the awarding process?

    <p>It represents the bidder whose bid has the lowest cost among responsive bids.</p> Signup and view all the answers

    Which document serves as a cost estimate for contracts under foreign-funded procurement?

    <p>Approved Budget for the Contract (ABC)</p> Signup and view all the answers

    What is the stance on foreign firms forming joint ventures in the context of Filipino ownership requirements?

    <p>They may form joint ventures with local firms to meet eligibility.</p> Signup and view all the answers

    What is the accepted policy regarding the liability of joint venture partners?

    <p>Joint venture partners are jointly and severally liable for the contract.</p> Signup and view all the answers

    What limitation does RA 9184 impose on the number of firms that may bid for a contract?

    <p>There is no limit on the number of firms who can bid for a contract.</p> Signup and view all the answers

    In terms of technical and financial requirements in bidding documents, what is required?

    <p>All requirements must be explicitly stated to ensure transparency.</p> Signup and view all the answers

    Which statement correctly reflects the acceptance of bidding practices between RA 9184 and international policies?

    <p>There is alignment in eligibility requirements across both RA 9184 and international policies.</p> Signup and view all the answers

    What is the primary condition under which the BAC must provide copies of BAC Resolutions or Bid Evaluation results to bidders?

    <p>The public must be allowed to observe the bidding.</p> Signup and view all the answers

    Which of the following submissions is required from a bidder within 5 calendar days after receiving the Notice of Post-Qualification?

    <p>Latest Income and Business Tax Returns.</p> Signup and view all the answers

    During the bid evaluation stage, when is it permitted for the BAC to communicate with bidders?

    <p>For post-qualification verification.</p> Signup and view all the answers

    What regulation can the procuring entity impose regarding access to BAC Resolutions?

    <p>Limit the time frame for accessing the information.</p> Signup and view all the answers

    What happens if bidders raise clarifications during the bid evaluation stage?

    <p>Only certain inquiries are allowed under specific conditions.</p> Signup and view all the answers

    Is there a specified limit on the increase of the Approved Budget for the Contract (ABC)?

    <p>The increase is strictly prohibited.</p> Signup and view all the answers

    What must be ensured during the verification process of post-qualification for bidders?

    <p>Compliance with all legal, technical, and financial requirements.</p> Signup and view all the answers

    In what scenario can a bidder convey information to the BAC during bid evaluation?

    <p>If they have waived their right to protest earlier.</p> Signup and view all the answers

    What is the primary purpose of a Pre-Procurement Conference?

    <p>To determine the readiness of the procurement project.</p> Signup and view all the answers

    What is a mandatory requirement for the announcement of a bidding opportunity?

    <p>Bid opportunity must be posted for at least seven calendar days.</p> Signup and view all the answers

    Which participant is responsible for ensuring compliance with advertisement requirements?

    <p>BAC.</p> Signup and view all the answers

    Where must the bid opportunity and Bidding Documents be made available?

    <p>At any conspicuous place in the premises of the PE.</p> Signup and view all the answers

    What is the main objective of posting an Invitation to Bid?

    <p>To invite interested bidders to participate in the bidding process.</p> Signup and view all the answers

    Which of the following is NOT a guideline for posting an Invitation to Bid?

    <p>It should be limited to local newspapers only.</p> Signup and view all the answers

    What is the threshold for the Approved Budget for the Contract (ABC) that mandates a Pre-Procurement Conference?

    <p>PhP 2,000,000.00.</p> Signup and view all the answers

    Which of the following is a correct statement regarding the posting of bidding documents?

    <p>The bids must be posted for a minimum of seven days across various platforms.</p> Signup and view all the answers

    Under what circumstance is price negotiation permitted according to the policies of the MDBs?

    <p>When the bid price exceeds budget levels substantially and negotiations aim to reduce scope.</p> Signup and view all the answers

    What is the stance of RA 9184 regarding price adjustments for contracts affected by new laws or regulations?

    <p>Price adjustments are permitted with prior approval of the GPPB under extraordinary circumstances.</p> Signup and view all the answers

    Which statement correctly identifies the relationship between RA 9184 and the policies of WB and ADB regarding bid awards?

    <p>RA 9184 enforces awarding to the lowest calculated and responsive bid, consistent with WB and ADB policies.</p> Signup and view all the answers

    In which scenario is price adjustment not required according to WB policies?

    <p>For contracts extending beyond 18 months duration.</p> Signup and view all the answers

    What is the allowable condition for bid negotiations as per the World Bank's procurement policies?

    <p>Negotiations can only occur when the bid price is substantially above market levels after successful evaluations.</p> Signup and view all the answers

    What does RA 9184 prohibit regarding the procedures for awarding contracts?

    <p>Engaging in price negotiations with the lowest calculated and responsive bidder.</p> Signup and view all the answers

    What distinguishes the process for consulting services from other types of procurement according to established policies?

    <p>Quality-Based Evaluation Methods can facilitate negotiations in certain selection scenarios.</p> Signup and view all the answers

    Which of the following correctly describes a compliance requirement imposed by MDBs concerning bid evaluation?

    <p>Consulting bids must comply with quality standards before price considerations.</p> Signup and view all the answers

    Which role is primarily responsible for preparing a procurement monitoring report?

    <p>BAC Secretariat</p> Signup and view all the answers

    What is the role of the TWG in procurement processes?

    <p>Conducts Alternative Methods of Procurement</p> Signup and view all the answers

    Who has the authority to grant legal assistance and indemnification to BAC members?

    <p>HOPE</p> Signup and view all the answers

    Which department does not have a regular member in the BAC?

    <p>Department of Foreign Affairs</p> Signup and view all the answers

    What constitutes a prohibited BAC member?

    <p>Members of the internal auditing team</p> Signup and view all the answers

    How is the maximum honorarium for BAC members structured?

    <p>PhP 3,000.00 for Chair and PhP 2,500.00 for Members</p> Signup and view all the answers

    What should be done with collections from completed procurement projects as per the Permanent Committee Resolution?

    <p>Treat them as trust receipts for honoraria and overtime pay</p> Signup and view all the answers

    What is the main purpose of the Administrative Support provided to the BAC?

    <p>To manage the procurement monitoring</p> Signup and view all the answers

    Who is responsible for preparing the Annual Procurement Plan (APP)?

    <p>End User</p> Signup and view all the answers

    What is indicated by the term 'trust receipts' in procurement?

    <p>Revenue from bidding document purchases</p> Signup and view all the answers

    Who can be a 13th Regular Member of the BAC?

    <p>Representatives from the private sector</p> Signup and view all the answers

    What is the function of an Observer within the BAC?

    <p>To ensure transparency in bid evaluations</p> Signup and view all the answers

    What is a responsibility of the Chief Accountant within the BAC structure?

    <p>Audit the procurement process</p> Signup and view all the answers

    What does the ABC refer to in the context of Foreign-funded Procurement?

    <p>The cost estimate prepared by the Procuring Entity and approved by financing bodies.</p> Signup and view all the answers

    During the Pre-Procurement Conference, which of the following is NOT typically discussed?

    <p>Technical qualifications of bidders.</p> Signup and view all the answers

    How long after bid submission does the Opening of the 1st Envelope generally occur?

    <p>45 calendar days.</p> Signup and view all the answers

    What type of procurement process requires the opening of both the technical and financial proposals on the same day?

    <p>Two-envelope Bidding.</p> Signup and view all the answers

    Which of the following best describes the role of the Bids and Awards Committee (BAC)?

    <p>To recommend contract awards based on bidder evaluations.</p> Signup and view all the answers

    What is the significance of the Post-qualification stage in the bidding process?

    <p>It assesses the capability of the highest-ranked bidder to fulfill the contract.</p> Signup and view all the answers

    What document is required for multi-year contracts under the MYCA?

    <p>A Multi-Year Obligation Authority or equivalent.</p> Signup and view all the answers

    What is the role of observers during the bidding process?

    <p>To monitor compliance with bidding procedures.</p> Signup and view all the answers

    Which condition must be met for a contract to be awarded to the lowest Domestic Bidder?

    <p>The bid must meet all technical specifications and conditions.</p> Signup and view all the answers

    What is the required number of calendar days for a Pre-Bid Conference to be held before the deadline for bid submission?

    <p>7 calendar days.</p> Signup and view all the answers

    What is a common requirement for bids that exceed the approved budget?

    <p>They are automatically disqualified.</p> Signup and view all the answers

    Which entity is responsible for issuing a bulletin to clarify or interpret bidding documents?

    <p>Bids and Awards Committee (BAC).</p> Signup and view all the answers

    What happens if a bidder presents an identical bid to another qualified bidder?

    <p>The situation is resolved through a random selection mechanism.</p> Signup and view all the answers

    What is the typical duration for bid preparation as required by international financing bodies?

    <p>20-30 days.</p> Signup and view all the answers

    What is the primary purpose of a Pre-Procurement Conference?

    <p>To determine the readiness of the procurement project</p> Signup and view all the answers

    Which of the following venues is NOT used for the posting of bid opportunities?

    <p>Private company websites</p> Signup and view all the answers

    What is the minimum duration a bid opportunity must be posted before the bidding process begins?

    <p>Seven calendar days</p> Signup and view all the answers

    In a scenario with an Approved Budget for the Contract (ABC) exceeding PhP 2,000,000.00, which of the following participants is NOT mandatory in the Pre-Procurement Conference?

    <p>Independent Observers</p> Signup and view all the answers

    What is a primary function of the Advertisement in the bidding process?

    <p>To signal the start of the bidding process and invite bidders</p> Signup and view all the answers

    Which of the following statements most accurately describes the requirements for goods valued over PhP 2,000,000.00?

    <p>It must undergo a mandatory Pre-Procurement Conference.</p> Signup and view all the answers

    Which participant is responsible for ensuring that the advertisement and posting of the Invitation to Bid comply with guidelines?

    <p>BAC</p> Signup and view all the answers

    Which option represents all acceptable platforms for posting bid opportunities?

    <p>PhilGEPS, PE's website, website of IFI, and physical premises</p> Signup and view all the answers

    What are the implications for a bidder who withdraws their bid before the deadline?

    <p>They may express their intent not to participate.</p> Signup and view all the answers

    What constitutes grounds for administrative penalties for a bidder?

    <p>Withdrawing from the bidding process three times within a year.</p> Signup and view all the answers

    How does the process of rounding off numbers relate to bid evaluations?

    <p>It is an essential step for determining the lowest calculated bid.</p> Signup and view all the answers

    What happens to a bid security if a bidder withdraws their bid after the submission deadline?

    <p>The bid security is forfeited.</p> Signup and view all the answers

    Why are arithmetical corrections necessary during the bid evaluation process?

    <p>To correct computational errors and ensure fair comparison.</p> Signup and view all the answers

    Under which condition can a bidder submit another bid after withdrawing an initial bid?

    <p>If the withdrawal is before the deadline.</p> Signup and view all the answers

    Which of the following actions may be subjected to penalties under the given regulations?

    <p>Habitual withdrawal from bidding without valid reasons.</p> Signup and view all the answers

    What is the consequence for a bidder who is found repeatedly withdrawing from bids?

    <p>They may face administrative penalties.</p> Signup and view all the answers

    What is the procedure to follow if a tie occurs during the bid opening according to bidding regulations?

    <p>Continue bid evaluation and only declare a tie after identifying LCRBs.</p> Signup and view all the answers

    When a bid exceeds the Approved Budget for the Contract (ABC), under what conditions can it still be considered valid?

    <p>If the bid offer incorporates a discount making it within the ABC.</p> Signup and view all the answers

    How should the procuring entity ensure fairness in bid evaluation regarding price rounding practices?

    <p>Clearly state rounding methods in the Invitation to Bid and apply them uniformly.</p> Signup and view all the answers

    What happens if overpricing and underpricing occur in a bid where items are procured on a per lot basis?

    <p>The overall pricing must be within the ABC; individual item prices do not matter.</p> Signup and view all the answers

    In the context of bid offers, which statement accurately describes the role of discounts?

    <p>Offers of discounts can be validly included in the total price calculation.</p> Signup and view all the answers

    What might complicate the bid evaluation process if rounding off prices is not uniformly applied?

    <p>It may lead to disputes among bidders about fairness.</p> Signup and view all the answers

    If two bidders provide identical bids after qualification, what is the recommended course of action to resolve this situation?

    <p>Proceed with further evaluation while considering LCRBs.</p> Signup and view all the answers

    What should a procuring entity do if two bids are determined to be Lowest Calculated Responsive Bids (LCRBs)?

    <p>Evaluate both bids further using tie-breaking methods.</p> Signup and view all the answers

    Who holds the position of the Chairman in the governing structure mentioned?

    <p>Secretary of the Department of Budget and Management</p> Signup and view all the answers

    What is the maximum honorarium rate for BAC members during procurement projects?

    <p>PhP 2,500.00</p> Signup and view all the answers

    Which funding source is not explicitly mentioned for paying honoraria in the procurement process?

    <p>Proceeds from the sale of government property</p> Signup and view all the answers

    Which group is noted as Prohibited BAC Members?

    <p>Local and Assistant Chief Accountant</p> Signup and view all the answers

    What role does the Technical Working Group (TWG) play in the procurement process?

    <p>To evaluate bids and assist the BAC</p> Signup and view all the answers

    What is the role of the BAC Secretariat?

    <p>To provide administrative support to the BAC</p> Signup and view all the answers

    Which body is responsible for ensuring that the Annual Procurement Plan (APP) is regularly updated?

    <p>The Bids and Awards Committee</p> Signup and view all the answers

    What is the significance of the fees collected from bid protests?

    <p>They are considered trust receipts for honoraria payments</p> Signup and view all the answers

    Which statement about the members of the BAC is true?

    <p>They can prioritize BAC assignments over all other duties</p> Signup and view all the answers

    Which is not a direct financial assistance mentioned in the context?

    <p>Funding research projects</p> Signup and view all the answers

    Which of the following is a part of the procurement monitoring responsibilities?

    <p>Preparing procurement monitoring reports</p> Signup and view all the answers

    In the procurement structure, who ensures that the procurement activities are conducted according to established rules?

    <p>The Bids and Awards Committee</p> Signup and view all the answers

    What is the legal basis for the honoraria rates specified for BAC members?

    <p>RA 9184 Implementing Rules and Regulations</p> Signup and view all the answers

    What is the requirement regarding joint ventures for foreign firms under RA 9184?

    <p>Foreign firms can join with local firms to meet eligibility requirements.</p> Signup and view all the answers

    How does the World Bank view the formation of joint ventures in terms of eligibility for bidding?

    <p>Joint ventures are allowed to enhance qualifications.</p> Signup and view all the answers

    What is stated about the liability of joint venture partners?

    <p>Partners in a joint venture are jointly and severally liable.</p> Signup and view all the answers

    What is the limitation on the number of firms who can participate in bidding as per WB and ADB policy?

    <p>No specific limitations on the number of firms are allowed.</p> Signup and view all the answers

    What is the significance of explicitly stating the technical and financial requirements in the bidding documents?

    <p>It aids in evaluating the capabilities of bidders effectively.</p> Signup and view all the answers

    What is the primary purpose of conducting a market study in procurement?

    <p>To gather information about vendor capabilities and product characteristics</p> Signup and view all the answers

    What factors should the Approved Budget for the Contract (ABC) align with?

    <p>GAA, corporate budget, or appropriations ordinance</p> Signup and view all the answers

    Which of the following best describes the term 'technical specifications' in procurement?

    <p>Specific requirements needed to meet the agency's needs</p> Signup and view all the answers

    In the context of procurement, what is the significance of detailed engineering investigations?

    <p>They provide clarity and precision in defining project needs.</p> Signup and view all the answers

    What does the term 'scope of work' typically refer to in procurement documentation?

    <p>A comprehensive description of project tasks and responsibilities</p> Signup and view all the answers

    Which criteria must government corporate entities meet to be eligible for Competitive Bidding?

    <p>Be independent from the Procuring Entity</p> Signup and view all the answers

    What is the acceptable percentage of Filipino ownership for participation in public bidding for infrastructure projects?

    <p>75%</p> Signup and view all the answers

    Which of the following is a reason for discouraging registration with a local authority as a precondition to bidding?

    <p>It often excludes qualified foreign firms</p> Signup and view all the answers

    Why is preference for domestically produced goods considered unacceptable?

    <p>It promotes unfair competition</p> Signup and view all the answers

    What is required of persons/entities wishing to act as contractors in public bidding?

    <p>A license from the PCAB</p> Signup and view all the answers

    What financial condition must government corporate entities fulfill to be included in Competitive Bidding?

    <p>Being financially autonomous</p> Signup and view all the answers

    What agency must provide licensing for contractors wishing to participate in public bidding?

    <p>Philippine Contractors Accreditation Board (PCAB)</p> Signup and view all the answers

    Under what condition may a partnership be considered for public bidding?

    <p>If it complies with the 75% Filipino ownership requirement</p> Signup and view all the answers

    What authority does the Procuring Entity have in relation to the rules of bid opening?

    <p>The PE can set rules regarding participation during the bid opening.</p> Signup and view all the answers

    Can a disqualified bidder remain during the bid opening process?

    <p>Yes, they have an interest and can observe the process.</p> Signup and view all the answers

    What is the proper procedure for opening the bid envelopes of a disqualified bidder?

    <p>Such envelopes are never opened and are returned unopened.</p> Signup and view all the answers

    What aspect of the bidding process does transparency primarily ensure?

    <p>Public trust and accountability in government procurement.</p> Signup and view all the answers

    What is the role of the IRR of RA 9184 in the bidding process?

    <p>It outlines the rules and regulations for all aspects of public bidding.</p> Signup and view all the answers

    What is a potential consequence of the PE not adhering to the regulated bidding process?

    <p>The validity of awards may be challenged, leading to legal disputes.</p> Signup and view all the answers

    In what situation can external observers be prohibited during the bid opening?

    <p>There are no circumstances under which outsiders can be barred.</p> Signup and view all the answers

    What can the PE do to ensure an orderly bid opening?

    <p>Establish specific codes of conduct for all participants.</p> Signup and view all the answers

    What is one of the actions that BAC may take after a mandatory review if there are no bids received?

    <p>Revise terms, conditions, or specifications</p> Signup and view all the answers

    Which of the following is NOT a ground for declaring a failure of bidding?

    <p>The highest bid exceeds market price</p> Signup and view all the answers

    Under which condition does HoPE reserve the right to declare a failure of bidding?

    <p>If there is prima facie evidence of collusion</p> Signup and view all the answers

    If the BAC determines that physical and economic conditions have changed significantly, what is likely to occur?

    <p>Not awarding the contract despite qualified bids</p> Signup and view all the answers

    What could be a reason for BAC’s failure in following prescribed bidding procedures?

    <p>Inadequate budget allocation for the project</p> Signup and view all the answers

    Which option describes a situation leading to contract awards not benefiting the Government?

    <p>The lowest bid surpasses previous project costs</p> Signup and view all the answers

    Which scenario does NOT constitute an acceptable basis for contract rejection by HoPE?

    <p>Bids coming in under the budget threshold</p> Signup and view all the answers

    What is a required action when bids are received but the eligibility of all bidders is inadequate?

    <p>Conduct a re-bidding process</p> Signup and view all the answers

    What term describes legally binding documents that create an obligation for sellers and buyers in procurement?

    <p>Contracts</p> Signup and view all the answers

    What is defined as harming or threatening another party, directly or indirectly, within the context of procurement practices?

    <p>Coercive practices</p> Signup and view all the answers

    What is the primary purpose of Bidding Documents in procurement?

    <p>To supply necessary information for preparing bids</p> Signup and view all the answers

    Which term refers to an improper and unlawful enrichment of oneself or others in a procurement process?

    <p>Corrupt practices</p> Signup and view all the answers

    Which concept refers to the obligation of public officials and private parties to be accountable in procurement?

    <p>System of Accountability</p> Signup and view all the answers

    What defines collusive practices in the context of bidding?

    <p>Manipulating bid prices through agreements</p> Signup and view all the answers

    What does transparency in the procurement process aim to enhance?

    <p>Equal participation and dissemination of information</p> Signup and view all the answers

    What practice involves the misrepresentation of facts to influence a procurement outcome?

    <p>Fraudulent practices</p> Signup and view all the answers

    What does a streamlined procurement process aim to achieve?

    <p>Flexibility regarding technology advancements</p> Signup and view all the answers

    Which option describes a practice that is a scheme or arrangement to establish bid prices at artificial levels?

    <p>Collusive practices</p> Signup and view all the answers

    Which model law permits government purchases to utilize modern commercial methods to ensure value for money?

    <p>2011 UNCITRAL Model Law</p> Signup and view all the answers

    What does competitiveness in public bidding entail?

    <p>Providing equal opportunity for all eligible parties</p> Signup and view all the answers

    What is the goal of public monitoring within the procurement process?

    <p>To guarantee contracts are fairly awarded</p> Signup and view all the answers

    What is the minimum number of calendar days before the deadline for bid submission that a Pre-Bid Conference must be held?

    <p>12 calendar days</p> Signup and view all the answers

    What is the minimum ABC required for a Pre-Bid Conference to be mandatory?

    <p>1,000,000.00</p> Signup and view all the answers

    What is the purpose of a Supplemental/Bid Bulletin?

    <p>To answer requests for clarification regarding the bidding documents</p> Signup and view all the answers

    Can bidders purchase Bidding Documents after the seven-day posting period has expired?

    <p>Yes, as long as they meet other eligibility requirements.</p> Signup and view all the answers

    Which of the following statements regarding prospective bidders attending the pre-bid conference after not purchasing bidding documents is correct?

    <p>They may not be allowed to attend the conference.</p> Signup and view all the answers

    What is the required timeline for issuing a Supplemental/Bid Bulletin regarding query clarifications?

    <p>At least 7 calendar days before the deadline for bids</p> Signup and view all the answers

    What is one of the primary purposes of holding a Pre-Bid Conference?

    <p>To provide prospective bidders with an opportunity to ask for clarifications about the project</p> Signup and view all the answers

    Which of the following is NOT a requirement before a Pre-Bid Conference can be conducted?

    <p>It must be held on the same day as bid opening</p> Signup and view all the answers

    What is the primary purpose of the Pre-Procurement Conference?

    <p>To determine the readiness of the procurement project</p> Signup and view all the answers

    For which projects is the Pre-Procurement Conference mandatory?

    <p>Projects with an ABC above PhP 2,000,000.00 for Goods</p> Signup and view all the answers

    How long must bid opportunities be posted for before the bidding process begins?

    <p>At least seven calendar days</p> Signup and view all the answers

    Which of the following is NOT a required posting location for bid opportunities?

    <p>Local newspapers</p> Signup and view all the answers

    Which unit is responsible for ensuring compliance with advertisement/posting requirements of the Invitation to Bid?

    <p>Bids and Awards Committee (BAC)</p> Signup and view all the answers

    In addition to PhilGEPS, where else can bid opportunities be advertised?

    <p>Websites of the procuring entity and IFI, if applicable</p> Signup and view all the answers

    What is the primary reason for advertising the Invitation to Bid?

    <p>To initiate the procurement process and invite bidders</p> Signup and view all the answers

    Which document is essential for a bidder to purchase after the posting period?

    <p>Bidding Documents</p> Signup and view all the answers

    What does the ABC refer to in the context of foreign-funded procurement?

    <p>The cost estimate prepared by the PE and approved by an international financing body</p> Signup and view all the answers

    During which stage of the bidding process is the contract duration discussed?

    <p>Pre-Procurement Conference</p> Signup and view all the answers

    How is the opening of bids structured in a standard competitive bidding procedure?

    <p>The eligibility documents are evaluated before the technical proposals are opened</p> Signup and view all the answers

    What happens during the bid evaluation phase?

    <p>Bids are ranked based on their eligibility and technical qualifications</p> Signup and view all the answers

    What is the primary purpose of the Post-qualification phase?

    <p>To verify the information provided by the selected bidder</p> Signup and view all the answers

    What role does the Bids and Awards Committee (BAC) play in the bidding process?

    <p>They facilitate the entire procurement process and oversee compliance</p> Signup and view all the answers

    What is required for contracts estimated to cost Php2M or above?

    <p>A Pre-Procurement Conference must be conducted</p> Signup and view all the answers

    What is the time frame for bid preparation according to the ADB?

    <p>At least 30 days</p> Signup and view all the answers

    What is the minimum ownership requirement for procurement of infrastructure projects?

    <p>At least 60% Filipino ownership</p> Signup and view all the answers

    Why is price negotiation not typically permitted in the bidding process?

    <p>It undermines transparency in bidding</p> Signup and view all the answers

    What is the function of advertisements in the bidding process?

    <p>To notify eligible bidders about the procurement</p> Signup and view all the answers

    What is the standard requirement for submission of bids?

    <p>Bids require multiple copies for verification</p> Signup and view all the answers

    What defines the Lowest Calculated Responsive Bid (LCRB)?

    <p>The lowest bid that meets all specified criteria</p> Signup and view all the answers

    What is the primary reason for conducting a Pre-Bid Conference?

    <p>To clarify the bidding documents and project specifications</p> Signup and view all the answers

    What is required for foreign firms to meet eligibility requirements under Filipino ownership regulations?

    <p>Forming joint ventures with local firms</p> Signup and view all the answers

    What is the liability status of joint venture partners in bidding contracts?

    <p>Joint venture partners are jointly and severally liable</p> Signup and view all the answers

    How does RA 9184 and its IRR differ from WB and ADB policies regarding bidding partners?

    <p>There are no limitations on the number of firms that can bid under RA 9184</p> Signup and view all the answers

    What is a correct requirement for financial and technical qualifications in bidding documents?

    <p>They must be clearly outlined and explicitly stated in the bidding documents</p> Signup and view all the answers

    What does WB policy state about joint ventures for foreign and local firms?

    <p>Firms participating in contracts may form joint ventures to enhance qualifications</p> Signup and view all the answers

    Which of the following statements regarding bid selection for the lowest Domestic Bidder is accurate?

    <p>The Domestic Bidder’s bid must be within 15% of the lowest Foreign Bid.</p> Signup and view all the answers

    What restriction exists under RA 9184 regarding labor sources for procurement?

    <p>Use of unskilled labor is only allowed if it is available locally.</p> Signup and view all the answers

    What is the proper sequencing for bid submission and opening under public bidding guidelines?

    <p>Bids must be opened immediately after the submission deadline.</p> Signup and view all the answers

    In what condition does the World Bank discourage the use of two-envelope bidding?

    <p>When domestic law precludes the use of one envelope.</p> Signup and view all the answers

    Which aspects must be safeguarded in the two-envelope bidding approach according to the stipulations?

    <p>Mechanisms against retaining the second envelope unopened.</p> Signup and view all the answers

    What requirement is associated with the public opening of bids in relation to the deadlines?

    <p>It should closely follow the deadline for bid submission.</p> Signup and view all the answers

    Which of these statements best describes the use of two-envelope bidding in the context of ADB guidelines?

    <p>Two-envelope bidding is allowed, but discouraged by WB policies.</p> Signup and view all the answers

    Which of the following is not a requirement for effective bid protest mechanisms?

    <p>Availability of legal representation for bidders.</p> Signup and view all the answers

    What is the acceptable practice regarding domestic preference for procurement according to the guidelines?

    <p>It is not an acceptable practice.</p> Signup and view all the answers

    What determines if bids can exceed the Approved Budget for the Contract (ABC)?

    <p>The ceiling set by the approved budget.</p> Signup and view all the answers

    What role does the BAC play during a State of Calamity regarding procurement activities?

    <p>They must validate the existence of the calamity or restrictions.</p> Signup and view all the answers

    How are procurement undertakings defined under R.A. No. concerning various activities?

    <p>Any purchase-related activity regardless of its value.</p> Signup and view all the answers

    What must be verified by the BAC during community quarantine restrictions for procurement?

    <p>The existence of a State of Calamity and required proofs.</p> Signup and view all the answers

    What is a significant requirement for the eligibility of bidders in procurement projects?

    <p>At least 60% Filipino ownership for goods procurement.</p> Signup and view all the answers

    What concludes the advertisement requirement for procurement contracts based on estimated costs?

    <p>Both goods and civil works advertised above specific thresholds.</p> Signup and view all the answers

    Under what condition can price adjustments be applied to a contract?

    <p>When the cost is affected by applicable new regulations.</p> Signup and view all the answers

    What is required to ensure fair and competitive bid evaluation during the bidding process?

    <p>Uniform application of price rounding as stated by the procuring entity</p> Signup and view all the answers

    When a tie occurs in bidding, how should the process be conducted according to established protocols?

    <p>Proceed with Bid Evaluation and Post-Qualification until LCRBs are declared</p> Signup and view all the answers

    Under what conditions would a bid offer that exceeds the ABC still be considered valid?

    <p>If the offer includes a considerable discount that makes the final price within the ABC</p> Signup and view all the answers

    Which of the following is accurate regarding the treatment of overpricing and underpricing in bids?

    <p>Only bids within the ABC are considered, regardless of item-specific pricing</p> Signup and view all the answers

    Why might a procuring entity need to consider continued bid evaluation when encountering a tie upon initial bid opening?

    <p>To ensure compliance with tie-breaking rules that necessitate further evaluation</p> Signup and view all the answers

    What could potentially undermine the competitive nature of bidding in relation to price rounding?

    <p>Different entities applying varied rounding methods resulting in inconsistencies</p> Signup and view all the answers

    In scenarios where a bid offer exceeds the ABC due to a discount, what aspect must be clearly documented in the bid?

    <p>The calculation of the final price that adheres to the ABC after applying the discount</p> Signup and view all the answers

    What is a critical factor that must be maintained during the bid evaluation process to ensure all bids are treated equally?

    <p>Clear communication of bid evaluation methods and criteria to all bidders</p> Signup and view all the answers

    What does the ABC refer to for Foreign-funded Procurement?

    <p>The cost estimate approved by a foreign government or financing institution</p> Signup and view all the answers

    Which phase includes discussions about the description and scope of the contract?

    <p>Pre-Procurement Conference</p> Signup and view all the answers

    What is required for projects above Php2M during the Pre-Procurement Conference?

    <p>Participation from the BAC</p> Signup and view all the answers

    What is NOT included in the Pre-Bid Conference discussions?

    <p>Legal implications of the contract</p> Signup and view all the answers

    When is the opening of the 1st Envelope for bids conducted?

    <p>45 calendar days after the Advertisement</p> Signup and view all the answers

    What dictates the evaluation ranking of bids during the bidding process?

    <p>Technical compliance and pricing</p> Signup and view all the answers

    What is the purpose of the Post-Qualification Phase?

    <p>To verify the eligibility and capability of the bidder</p> Signup and view all the answers

    Which of the following is true regarding the conduct of the bid opening?

    <p>It must happen after the bid submission deadline</p> Signup and view all the answers

    What document must be prepared by the PE for Foreign-funded Procurement?

    <p>The Cost Estimate</p> Signup and view all the answers

    In case of bid ties, what is the standard procedure for resolution?

    <p>Tie bids are decided through a draw or alternative method</p> Signup and view all the answers

    Study Notes

    Shopping Procedures

    • The BAC cannot proceed to send the Request for Quotations to at least three (3) suppliers of known qualifications, and at least three (3) price quotations must be obtained when the procurement is done through shopping and the items are not available in the DBM-PS.

    Two-Failed Biddings Modality

    • Procuring Entities are given the discretion to determine which requirements must be submitted by bidders under this modality.
    • The details on how the prices should be rounded off should be clearly stated by the procuring entity in its Invitation to Bid (IB), and applied similarly to all bids to ensure fair and competitive bid evaluation.

    Tie-Breaking During Bid Opening

    • A tie occurring during the opening of the bids does not find support to the situation contemplated in the preceding paragraph where a tie-breaking method will be employed.
    • Instead of declaring a tie after bid opening, the PE should continue the process of Bid Evaluation and Post-Qualification.
    • A tie is only considered when two or more of the bidders are determined as LCRBs.

    Overpricing in Some Items

    • Only bids that are within the ABC, regardless if the price offered for other items in the lot exceeds their respective ABC per item, may be considered for award if proven to be the lowest calculated and responsive bid.
    • This applies when several items are grouped into one lot and awarded as one contract.

    Bid Evaluation

    • An offer of discount in the Bid Form can be validly considered in the computation of the total calculated price.
    • The Bids & Awards Committee (BAC) should open a reconsidered bid with proper notices to the concerned entities.

    Bid Withdrawal

    • A bidder may withdraw its bid before the deadline for the receipt of bids through a Letter of Withdrawal.
    • A bidder may express its intention not to participate in the bidding through a letter which should reach and be stamped received by the BAC before the deadline for the receipt of bids.
    • A bidder that withdraws its bid shall not be permitted to submit another bid for the same contract.
    • The act of habitually withdrawing from bidding or submitting a letter of non-participation for at least three (3) times within a year is a ground for administrative penalties, except when done for a valid reason.
    • The bidder that withdraws its bid beyond the deadline for the submission of bids will forfeit its bid security, as well as the imposition of any applicable administrative, civil and/or criminal sanction prescribed in R.A. 9184 and its 2016 IRR.

    Arithmetical Correction

    • Arithmetical corrections of bids are done in accordance with Section 32.2.1 (b) of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
    • Arithmetical corrections are done by considering computational errors and omissions, including bid modifications and discrepancies in bid prices.
    • The process of rounding off numbers may be construed as an arithmetical correction for the determination of the LCB.

    Prospective Bidders and PhilGEPS

    • Prospective bidders are not required to log in to PhilGEPS to purchase bidding documents.
    • Prospective bidders are required to purchase the bidding documents to participate in the bidding.
    • The seven (7)-day posting period on PhilGEPS does not affect a bidder's ability to purchase bidding documents.

    Pre-Bid Conferences

    • Pre-bid conferences are held at least 10 calendar days before the deadline for bid submission but not earlier than seven (7) calendar days from the advertisement or posting of the bid opportunity.
    • Pre-bid conferences are required for procurement projects with an ABC of equal to or more than 1,000,000.00.
    • The purpose of pre-bid conferences is to discuss, clarify, and explain the different aspects of the project.
    • Prospective bidders, including those who did not purchase the bidding documents, are allowed to attend pre-bid conferences and raise questions.

    Supplemental/Bid Bulletins

    • Supplemental/Bid bulletins are issued by the Bids and Awards Committee (BAC) to answer requests for clarification or interpretation and to clarify or modify any provision of the Bidding Documents.

    Bid Opening and Preliminary Examination

    • Non-bidders are allowed to observe the scheduled opening of bids.
    • The procuring entity (PE) can set rules on the conduct of its bid opening pursuant to the provisions of the IRR of RA 9184.
    • A disqualified bidder can be asked to leave the bid opening.
    • The PE can set rules on the conduct of its bid opening, and regulate the manner by which bidders, prospective bidders, disqualified bidders, non-bidders, and the general public will participate in the bid opening.
    • If a disqualified bidder is declared prior to the scheduled bid opening, the procuring entity should open their bid envelopes when the time for that bidder’s bid opening comes up.

    Contract Execution

    • The procuring entity (PE) must sign a contract within twelve (12) calendar days after the winning bidder receives the Notice of Award (NOA)
    • The procuring entity must sign the contract if the winning bidder fulfills all required documentation including the performance security
    • The performance security is required to ensure the winning bidder can complete the contract

    Awarding Contract

    • The lowest domestic bid will be awarded the contract, provided it does not exceed 15% of the lowest foreign bid.
    • The two-envelope system of bidding is discouraged by the World Bank, it is acceptable under the ADB guidelines.
    • The two-envelope system may be allowed if domestic law restricts the use of one-envelope, adequate safeguards are in place against keeping the second envelope unopened, and there is a sufficient procedure for addressing bid complaints.

    PhilGEPS

    • PhilGEPS is the centralized website for information on government procurement.

    Budget Process (PLEA)

    • Government budget process includes budget preparation, accountability, legislation, and execution.

    Technical Specifications

    • The technical specifications are prepared by individual units, who are responsible for needs, scope of work, and terms of reference.
    • The BAC reviews technical specifications, scope of work, and terms of reference.

    Bidding Documents

    • Bidding documents contain specifications, technical terms for procurement of infrastructure, goods, and references to brand names.
    • Detailed engineering for the procurement of infrastructure projects must reflect requirements for performance, functionality, and characteristics.

    Bidding Requirements

    • All co-venturers must submit legal documents, while any co-venturer may submit technical and financial documents.
    • A partner of a joint venture must submit a PhilGEPS Certificate of Registration, according to the 2016 IRR of RA 9184.

    Bid Securities

    • Bid securities are returned upon the bidder signing a contract and the receipt of performance security.
    • The securities will be returned to those who have been declared as failed or post-disqualified upon submission of written waiver for requests for reconsideration or protest.

    Bid Pricing

    • Placing no price on a bid means the bid will be considered non-responsive.
    • Specifying a “0” or “-” is not considered offering something for free.

    Submission and Receipt of Bids

    • Bids are deemed complete and sufficient if they are submitted with all required information and meet the requirements in the bidding documents.

    Bid Evaluation

    • Demonstrating the item before bidding will amount to "pre-qualification" if the demonstration becomes a criterion for eligibility, and only those who participated in the demonstration are allowed to bid.
    • Demonstrating the item before bidding is acceptable if its only purpose is to inform the procuring entity on the item's specifications and all bidders are given an equal opportunity to comply.

    Post-Disqualification Notices

    • While RA 9184 lacks rules regarding the notification of the results of bid evaluation, the BAC must notify in writing those who are post-disqualified bidders about the grounds for disqualification.

    Contract Signing

    • The procuring entity must enter into a contract with the winning bidder within ten days of the winning bidder's receipt of the Notice of Award (NOA).
    • All documentary requirements, including the performance security, must be met.

    Notice to Proceed

    • The procuring entity must post a copy of the Notice to Proceed and the approved contract on the PhilGEPS and the procuring entity's website within fifteen days of the issuance of the Notice to Proceed.

    Extraordinary Fortuitous Events

    • Extraordinary fortuitous events include:
      • Fire
      • War
      • Pestilence
      • Unusual floods
      • Locusts
      • Earthquakes

    Two-Failed Biddings

    • Procuring Entities are NOT given the discretion to determine which requirements must be submitted by bidders
    • The Procuring Entity is required to conduct a mandatory review of the terms, conditions, specifications in the bidding documents, including its cost estimates.
    • After two-failed biddings, the procuring entity decides to resort to Negotiated Procurement (Two-Failed Biddings), the Guidelines for the Alternative Methods of Procurement requires the BAC to review the terms, conditions, specifications, and cost estimates; and, when necessary, increase the ABC, provided that it is not more than twenty percent (20%) of the ABC for the last failed bidding.

    RA 9184 and its IRR

    • The law mandates that the lowest calculated and responsive bid be awarded
    • Price negotiations are not allowed, except where the bid price is substantially above market or budget levels, then only if negotiations are carried out to try to reach a satisfactory contract through reduction in scope and/or reallocation of risk and responsibility, subject to the Bank's approval
    • Price adjustments are allowed when the cost of the awarded contract is affected by any applicable new law, ordinance, regulation or other acts of the GOP, promulgated after bid opening and under extraordinary circumstances with prior approval of the GPPB
    • The minimum experience, technical and financial requirements are explicitly stated in the bidding documents
    • In order to meet the eligibility requirement on Filipino ownership, foreign firms may form joint ventures with local firms
    • Joint venture partners are jointly and severally liable.
    • There are no limitations on the number of firms who can bid for a contract.

    Procurement Conference

    • Conducted prior to advertisement/ posting of the Invitation to Bid
    • Mandatory for projects with an Approved Budget for the Contract (ABC) above PhP 2,000,000.00 for Goods
    • Participants: BAC, BAC Secretariat, TWG, Consultants, End-user unit/Other officials
    • Bid opportunity, including complete Bidding Documents is posted/uploaded for at least seven (7) calendar days in the following:
      • Philippine Government Electronic Procurement System (PhilGEPS);
      • Website of the PE, if any;
      • Website of IFI, if applicable; and
      • At any conspicuous place in the premises of the PE.

    The BAC

    • The BAC may not refuse to provide a copy of the BAC Resolutions/Bid Evaluation to the concerned bidder
    • Reasonable regulations may be imposed by the PE in the manner in which bidders may access information or acquire copies of BAC Resolutions or results of the Bid Evaluation

    Post-Qualification

    • Within 5 calendar days from receipt of Notice of Post-Qualification, the bidder must submit:
      • Latest Income and Business Tax Returns
      • Other appropriate Licenses and permits required by law and stated in the Bidding Documents

    No-Contact Rule

    • During the bid evaluation stage, the BAC, BAC Secretariat and the TWG shall not entertain clarifications from Bidders, neither shall they initiate communication with the Bidders, regarding the evaluation of the bids, except:
      • Bidders who waived their right to utilize the protest mechanism or those whose request for reconsideration and/or protest were subsequently denied may convey to the BAC any valid, reasonable and lawful information or observation they have pertaining to the bids submitted by qualified bidders
      • Inquiry or follow-up on the status of a procurement activity or proceedings
      • Verification process during post-qualification to ensure that the bidder complies with all the legal, technical and financial requirements and specifications indicated in the bidding documents, such as the conduct of inspection of the premises or the testing of goods offered by the bidder

    ABC

    • There is no limit in the increase of the ABC.

    Funding Source

    • Collections from successfully completed procurement projects, limited to activities prior to the awarding of contracts to winning bidders, including:
      • Fees charged for copies of minutes of bid openings, BAC resolutions, and other documents
      • Proceed from sale of bid documents
      • Fees from contractor/supplier registry
      • Proceeds from bid security forfeiture
      • Savings of PE.

    Honorarium Rates

    • BAC Chair: PHP 3,000.00
    • BAC Members: PHP 2,500.00
    • BAC Secretariat (Ad hoc); and TWG Chair and Members: PHP 2,000.00

    Prohibited BAC Members

    • HOPE and/or the approving authority
    • Internal Auditors Local and Assistant and personnel of Accounting Unit
    • Local Treasurer

    9184 IRR: Public Procurement Act

    • Direct financial or material assistance, scholarships, trainings, conferences, and seminars can be given to beneficiaries under this act.
    • Lease of government-owned property for private use is allowed.
    • Hiring of Job Order Workers is permitted.
    • Joint Venture Agreements are within the scope of this act.
    • Disposal of government assets is strictly for CLSU-PPSCC use.

    BAC Composition

    • The BAC Chairman is the Secretary of the Department of Budget and Management.
    • The Alternate Chairman is the Director-General of the National Economic and Development Authority.
    • 12 Regular Members are Secretaries from different departments: DPWH, DTI, DOH, DND, DepEd, DOF, DILG, DOST, DOTr DOE, DICT, and PhilSA.
    • The 13th Regular Member is a Private Sector representative.

    Roles and Responsibilities

    • Hope provides administrative support to the BAC and TWG.
    • Hope may also grant legal assistance and indemnification.
    • BAC ensures that members of the BAC, its Secretariat and TWG, give priority to BAC assignments.
    • BAC prepares a procurement monitoring report.
    • BAC ensures that the APP is regularly prepared, reviewed, and updated by end-users.
    • BAC attends bid opening, and ensures that the BAC, its Secretariat and TWG members attend procurement training.
    • BAC Secretariat primarily conducts market studies.
    • BAC Secretariat prepares reports on procurement activities.
    • TWG determines specifications and project costs.
    • TWG may conduct alternative methods of procurement.
    • End-user monitors procurement activities and milestones.
    • Observer may be paid honoraria not exceeding 25% of their monthly salary.

    Prohibited Members of BAC

    • The approving authority and/or internal auditors.
    • Personnel from the Accounting Unit.
    • Local Treasurer and Assistants.

    Honorarium Rates

    • BAC Chair: Php 3,000 per project
    • BAC Members: Php 2,500 per project
    • BAC Secretariat (Ad hoc) & TWG Chair and Members: Php 2,000 per project

    Funding Source:

    • Collections from successfully completed procurement projects can be used to fund BAC honoraria and overtime pay.
    • Collection sources include:
      • Fees charged for copies of bid opening minutes, BAC resolutions, and other documents.
      • Proceeds from the sale of bid documents.
      • Fees from contractor/supplier registry.
      • Proceeds from bid security forfeitures.
      • Savings from PE.

    ABC (Approved Budget for the Contract)

    • For Multi-year contracts, the ABC will be based on the MYOA (Multi-Year Contracting Authority) or equivalent document.
    • For Foreign-funded Procurement, the ABC will be based on cost estimates prepared by the PE and approved by the foreign government.

    Standard Competitive Bidding Procedure

    • The Standard Competitive Bidding Procedure involves multiple steps:
      • Pre-Procurement Conference: Mandatory for projects above Php 2M for Goods.
      • Advertisement: Invitation to Bid posted for 7 days.
      • Pre-Bid Conference: Conducted as necessary.
      • Submission of Bids: Bidders submit bids within 45 days.
      • Opening of Bids: First envelope - Eligibility Documents & Technical Proposal.
      • Opening of Bids: Second envelope - Financial Proposal.
      • Bid Evaluation and Ranking: 7 days.
      • Post-Qualification: 12/45 days.
      • Award of Contract: 15 days.

    Pre-Procurement Conference

    • The Pre-Procurement Conference aims to ensure the readiness of the procurement project.
    • Participants include the BAC, BAC Secretariat, TWG, consultants, end-user, and other officials.
    • The conference takes place before the advertisement or posting of the invitation to bid.
    • This conference is mandatory for projects with an ABC exceeding Php 2,000,000 for Goods.
    • The Bid opportunity, including complete Bidding Documents, is posted for at least 7 calendar days in the following:
      • Philippine Government Electronic Procurement System (PhilGEPS)
      • PE Website (if any)
      • IFI Website (if applicable)
      • Conspicuous place in the premises of the PE

    Bid Withdrawal

    • A bidder can withdraw their bid before the deadline for the receipt of bids.
    • Bid withdrawal is done through a Letter of Withdrawal.
    • A bidder can also express their intention not to participate in the bidding through a Letter of Non-participation.
    • Bidders who withdraw their bids are not allowed to submit another bid for the same contract.
    • Habitual withdrawal (more than three times within a year) without a valid reason can lead to administrative penalties.
    • Bidders who withdraw their bid after the deadline will forfeit their bid security and may face administrative, civil, or criminal sanctions as per RA 9184.

    Arithmetical Correction

    • Arithmetical corrections are done in accordance with Section 32.2.1 (b) of the revised IRR of RA 9184.
    • Arithmetical corrections involve resolving computational errors, omissions, discrepancies in bid prices, and bid modifications.
    • Rounding off numbers can be considered an arithmetical correction.
    • The method for rounding off numbers should be clearly stated in the Invitation to Bid (IB) and applied consistently to all bids.

    Tie-breaking During Bid Opening

    • If a tie occurs between two bidders, the PE should not declare a tie at the opening of bids.
    • Instead, the PE should continue with the Bid Evaluation and Post-Qualification process.
    • If two or more bidders are determined to be LCRBs (Lowest Calculated Responsive Bids) after evaluation, a tie will then be considered.

    Overpricing and Underpricing

    • For projects with multiple items grouped into one lot, overpricing in some items can be offset by underpricing in other items.
    • The bid must still be the lowest calculated and responsive bid overall.
    • Items exceeding their respective ABC per item can be considered for award, provided the total bid stays within the overall ABC.

    Discount Consideration

    • A discount offered in the Bid Form can be validly considered in the computation of the total calculated price.
    • A bid offer that initially exceeds the ABC can be considered valid if the discount applied brings the total bid within the ABC.

    Government-Owned Enterprises

    • Government corporate entities are eligible to participate in competitive bidding if they are legally and financially autonomous
    • Government corporate entities which participate in competitive bidding must operate under commercial law
    • Government corporate entities must be independent from agencies of the Procuring Entity

    Bidding Requirements

    • Persons and entities that meet the 75% Filipino ownership requirement can participate in public bidding if they have been issued a license by the PCAB
    • Preference for domestically-produced or manufactured goods, supplies, and materials are allowed under RA 9184
    • Preference to domestic bidders is allowed in the procurement law, subject to certain conditions
    • Minimum experience, technical and financial requirements must be explicitly stated in the bidding documents
    • Foreign firms can form joint ventures with local firms to meet Filipino ownership requirements
    • Joint venture partners are jointly and severally liable

    Other Important Information

    • The law does not set limitations on the number of firms who can bid for a contract
    • The Procuring Entity cannot bar non-bidders from observing the scheduled opening of bids
    • The Procuring Entity can set the rules on the behaviour of bidders, prospective bidders, disqualified bidders, non-bidders and the general public during the bid opening
    • A Disqualified bidder cannot be asked to leave the bid opening
    • The proper conduct of the opening of bid envelopes of a bidder whose bid was not opened on the scheduled bid opening date due to disqualification is permissible
    • The BAC shall declare a Failure of Bidding if no bids are received, if no bidder is eligible, if all bids fail to post qualify or if a post-qualified bidder refuses to accept the award without justifiable cause
    • The BAC reserves the right to reject any and all bids, declare a failure of bidding or not award the contract
    • The Approved Budget for the Contract (ABC) reflected in the APP and PPMP must be consistent with the project’s appropriations

    PhilGEPS

    • Prospective bidders must log in to PhilGEPS to purchase the Bidding Documents.
    • Bidders can still purchase the Bidding Documents even after the seven (7) day posting at PhilGEPS has lapsed.

    Pre-Bid Conference

    • Held at least 10 calendar days before the deadline for bid submission but not earlier than seven (7) calendar days from the advertisement/posting of bid opportunity.
    • Required for procurement projects with ABC of equal to or more than 1,000,000.00.
    • Purpose: To discuss, clarify and explain the different aspects of the project of the procuring entity with the prospective bidders.

    Supplemental/Bid Bulletin

    • Issued by BAC to answer requests for clarification (query submitted 10 cd before deadline) or interpretation, and upon BAC’s initiative to clarify or modify any provision of Bidding Docs (at least 7 cd before deadline for bids).

    Attending Pre-Bid Conference

    • Prospective bidders who did not purchase bidding documents can attend the pre-bid conference and raise questions.

    Review Materials for Public Procurement

    • R.A. 9184 and its IRR
    • Government Procurement Manual Volumes 1 and 2
    • Lecture Notes
    • Tests and Activities
    • Reviewer
    • Non-Policy Matter Opinions

    Contracts

    • Legally binding documents that obligate a seller to provide products and/or services and obligate a buyer to compensate the seller for that provision.

    Bidding Documents

    • Documents issued by the Procuring Entity as the basis for bids.

    Competitiveness

    • Extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in public bidding.

    Public Monitoring

    • Monitoring the procurement process and the implementation of awarded contracts with the end in view of guaranteeing that these contracts are awarded.

    System of Accountability

    • System where both the public officials directly or indirectly involved in the procurement process and the private parties that deal with GoP are, when warranted by circumstances, investigated and held liable for their actions.

    Streamlined Procurement Process

    • Procurement process that will uniformly apply to all government procurement.
    • The procurement process shall be simple and made adaptable to advances in modern technology in order to ensure an effective and efficient method.

    Transparency

    • Transparency in the procurement process and in the implementation of procurement contracts through wide dissemination of bid opportunities and participation of pertinent non-government organizations.

    2011 UNCITRAL Model Law on Government Procurement

    • Allows government purchasers to take advantage of modern commercial techniques, such as e-procurement and framework agreements, to maximize value for money in procurement.
    • For multi-year contracts, the ABC shall be that incorporated in the project cost reflected in the MYOA or equivalent document.
    • For Foreign-funded Procurement, the ABC refers to the cost estimate prepared by the PE and approved by the foreign government/foreign or international financing institution as specified in the Treaty or International or Executive Agreement.
    • ABC: Approved Budget for the Contract

    Standard Competitive Bidding Procedure for Goods and Services

    • Pre-Procurement Conference
      • Mandatory for projects above Php2M (Goods)
      • Conducted by BAC
    • Advertisement
      • 7 calendar days
      • Conducted by BAC Secretariat
    • Pre-Bid Conference
      • 1 calendar day (as necessary)
      • Conducted by BAC
    • Submission of Bids
      • 45 calendar days
      • Conducted by bidders
    • Opening of 1st Envelope - Eligibility Documents & Technical Proposal
      • Conducted by BAC
    • Opening of 2nd Envelope - Financial Proposal
      • Conducted by BAC
    • Bid Evaluation and Ranking
      • 7 calendar days
      • Conducted by BAC
    • Post-qualification
      • 12/45 calendar days
      • Conducted by BAC
    • Award of Contract
      • 15 calendar days
      • Conducted by BAC

    True or False statement

    • True: During the Pre-Procurement Conference, the description and scope of the contract, the ABC, and contract duration are discussed with the prospective bidders.

    Pre-Procurement Conference

    • Purpose: To determine the readiness of the procurement project.
    • Participants: BAC, BAC Secretariat, TWG, Consultants, End-user unit/Other Officials
    • Conducted prior to advertisement/ posting of the Invitation to Bid
    • Mandatory for projects with an Approved Budget for the Contract (ABC) above PhP 2,000,000.00 for Goods.

    Advertisement/Posting of Invitation to Bid

    • Purpose: To signal the start of the bidding process and invite interested bidders to participate in the procurement activity.
    • Guidelines:
      • Bid opportunity, including complete Bidding Documents is posted/uploaded for at least seven (7) calendar days in the following:
        • Philippine Government Electronic Procurement System (PhilGEPS)
        • Website of the PE, if any
        • Website of IFI, if applicable
        • At any conspicuous place in the premises of the PE
    • The BAC shall ensure that the advertising/posting requirements of the IB are complied with.

    Prohibited Practices

    • Collusive Practices: Scheme or arrangement between two (2) or more bidders to establish bid prices at artificial levels.
    • Corrupt Practices: Improper and unlawful enrichment of one’s self or others.
    • Coercive Practices: Harming or threatening to harm, directly or indirectly.
    • Fraudulent Practices: Misrepresentation of facts in order to influence a procurement process.

    Key Areas to Review

    • Standard bidding procedure for goods and services including basic requirements.
    • Governing principles of public procurement.
    • Scope and application of RA 9184.
    • Alternative modes of procurement.
    • Negotiated procurement modalities.
    • BAC composition and requirements.

    Procurement Practices

    • The Asian Development Bank (ADB) and World Bank (WB) do not allow the use of domestic preference for procurement of goods.
    • The ADB does not accept the use of the approved budget as a ceiling for bid prices.

    Procurement Regulations

    • The Government Procurement Policy Board (GPPB) Resolution No. 09-2020 states that Procuring Entities (PEs) can accept alternate documentary requirements during a State of Calamity or community quarantine restrictions.
    • The BAC will validate the existence of a State of Calamity and may require submission of proof.

    Scope of Application

    • The rules apply to the national government, state universities and colleges, government owned and controlled corporations, and government financial institutions.
    • The rules also apply to local government units and foreign-funded procurement.
    • The rules are applicable to the Competitive Bidding procurement method.

    Excluded Activities

    • Activities not considered as procurement undertakings under RA 9184 include activities where:
      • The award is made to the lowest domestic bidder (whose bid does not exceed 15% of the lowest foreign bid).

    Procurement Practices - Acceptable/Unacceptable

    • The ADB and WB discourage two-envelope bidding.
    • The WB discourages two-envelope bidding unless domestic law prohibits the use of one envelope.
    • Two-envelope bidding is allowed by the ADB as long as it does not violate local law and has safeguards against keeping the second envelope unopened.
    • The minimum experience, technical, and financial requirements should be explicitly stated in the bidding documents, according to ADB and WB.
    • The ADB allows joint ventures between foreign and local firms to meet the Filipino ownership requirement.
    • Joint venture partners are jointly and severally liable.
    • There are no limitations on the number of firms that can bid for a contract.
    • The ABC for Multi-Year Contracts should be based on the project cost reflected in the equivalent document.
    • The ABC for foreign-funded procurement is based on the cost estimate approved by the foreign government or international financing institution.

    Standard Competitive Bidding Procedures

    • The standard competitive bidding procedure includes Pre-Procurement Conference, Advertisement, Pre-Bid Conference, Submission of Bids, Opening of Bids, Bid Evaluation and Ranking, Post-Qualification, and Award of Contract.
    • The Pre-Procurement Conference includes discussion about the scope of the contract, the ABC, and the duration.

    Tie Breakers

    • A tie between two bidders should not be declared until the Post-Qualification process is complete.
    • Only when two or more bidders are declared as the Lowest Calculated Responsive Bids (LCRBs) should a tie be considered.

    Pricing

    • Overpricing in some items can be offset by underpricing in other items if the bids are within the ABC.

    Discounts

    • Discounts included in the bid form are valid and can be factored into the total calculated price.

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    Test your knowledge on procurement procedures including shopping methods, two-failed biddings, and tie-breaking during bid openings. This quiz covers essential concepts for ensuring fair and competitive evaluation in the bidding process. Perfect for those involved in government procurement and contract management.

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