Philippine Fisheries Development Authority Tender

Description Preparation Of Bidding Documents Sec. 17. Form And Contents Of Bidding Documents. – The Bidding Documents Shall Be Prepared By The Procuring Entity Following The Standard Forms And Manuals Prescribed By The Gppb. The Bidding Documents Shall Include The Following: (a) Approved Budget For The Contract; (b) Instructions To Bidders, Including Criteria For Eligibility, Bid Evaluation And Postqualification, As Well As The Date, Time And Place Of The Pre-bid Conference (where Applicable), Submission Of Bids And Opening Of Bids; (c) Terms Of Reference; (d) Eligibility Requirements; (e) Plans And Technical Specifications; (f) Form Of Bid, Price Form, And List Of Goods Or Bill Of Quantities; (g) Delivery Time Or Completion Schedule; (h) Form And Amount Of Bid Security; (i) Form And Amount Of Performance Security And Warranty; And, (j) Form Of Contract, And General And Special Conditions Of Contract. The Procuring Entity May Require Additional Document Requirements Or Specifications Necessary To Complete The Information Required For The Bidders To Prepare And Submit Their Respective Bids. Sec. 18. Reference To Brand Names. – Specifications For The Procurement Of Goods Shall Be Based On Relevant Characteristics And/or Performance Requirements. Reference To Brand Names Shall Not Be Allowed. Sec. 19. Access To Information. – In All Stages Of The Preparation Of The Bidding Documents, The Procuring Entity Shall Ensure Equal Access To Information. Prior To Their Official Release, No Aspect Of The Bidding Documents Shall Be Divulged Or Released To Any Prospective Bidder Or Person Having Direct Or Indirect Interest In The Project To Be Procured. Article Vii Invitation To Bid Sec. 20. Pre-procurement Conference. – Prior To The Issuance Of The Invitation To Bid, The Bac Is Mandated To Hold A Pre-procurement Conference On Each And Every Procurement, Except Those Contracts Below A Certain Level Or Amount Specified In The Irr, In Which Case, The Holding Of The Same Is Optional. The Pre-procurement Conference Shall Assess The Readiness Of The Procurement In Terms Of Confirming The Certification Of Availability Of Funds, As Well As Reviewing All Relevant Documents In Relation To Their Adherence To Law. This Shall Be Attended By The Bac, The Unit Or Officials Who Prepared The Bidding Documents And The Draft Invitation To Bid, As Well As Consultants Hired By The Agency Concerned And The Representative Of The End-user. Sec. 21. Advertising And Contents Of The Invitation To Bid. – In Line With The Principle Of Transparency And Competitiveness, All Invitations To Bid For Contracts Under Competitive Bidding Shall Be Advertised By The Procuring Entity In Such Manner And For Such Length Of Time As May Be Necessary Under The Circumstances, In Order To Ensure The Widest Possible Dissemination Thereof, Such As, But Not Limited To, Posting In The Procuring Entity’s Premises, In Newspapers Of General Circulation, The G-eps And The Website Of The Procuring Entity, If Available. The Details And Mechanics Of Implementation Shall Be Provided In The Irr To Be Promulgated Under This Act. The Invitation To Bid Shall Contain, Among Others: (a) A Brief Description Of The Subject Matter Of The Procurement; (b) A General Statement On The Criteria To Be Used By The Procuring Entity For The Eligibility Check, The Short Listing Of Prospective Bidders, In The Case Of The Procurement Of Consulting Services, The Examination And Evaluation Of Bids, And Post-qualification; (c) The Date, Time And Place Of The Deadline For The Submission And Receipt Of The Eligibility Requirements, The Pre-bid Conference If Any, The Submission And Receipt Of Bids, And The Opening Of Bids; (d) The Approved Budget For The Contract To Be Bid; (e) The Source Of Funds; (f) The Period Of Availability Of The Bidding Documents, And The Place Where These May Be Secured; (g) The Contract Duration; And, (h) Such Other Necessary Information Deemed Relevant By The Procuring Entity. Sec. 22. Pre-bid Conference. – At Least One Pre-bid Conference Shall Be Conducted For Each Procurement, Unless Otherwise Provided In The Irr. Subject To The Approval Of The Bac, A Pre-bid Conference May Also Be Conducted Upon The Written Request Of Any Prospective Bidder. The Pre-bid Conference(s) Shall Be Held Within A Reasonable Period Before The Deadline For Receipt Of Bids To Allow Prospective Bidders To Adequately Prepare Their Bids, Which Shall Be Specified In The Irr. Article Viii Receipt And Opening Of Bids Sec. 23. Eligibility Requirements For The Procurement Of Goods And Infrastructure Projects. – The Bac Or, Under Special Circumstances Specified In The Irr, Its Duly Designated Organic Office Shall Determine The Eligibility Of Prospective Bidders For The Procurement Of Goods And Infrastructure Projects, Based On The Bidders’ Compliance With The Eligibility Requirements Within The Period Set Forth In The Invitation To Bid. The Eligibility Requirements Shall Provide For Fair And Equal Access To All Prospective Bidders. The Documents Submitted In Satisfaction Of The Eligibility Requirements Shall Be Made Under Oath By The Prospective Bidder Or By His Duly Authorized Representative Certifying To The Correctness Of The Statements Made And The Completeness And Authenticity Of The Documents Submitted. A Prospective Bidder May Be Allowed To Submit His Eligibility Requirements Electronically. However, Said Bidder Shall Later On Certify Under Oath As To Correctness Of The Statements Made And The Completeness And Authenticity Of The Documents Submitted. Sec. 24. Eligibility Requirements And Short Listing For Consulting Services. – The Eligibility Of Prospective Bidders For The Procurement Of Consulting Services Shall Be Determined By Their Compliance With The Eligibility Requirements Prescribed For The Competitive Bidding Concerned, Within The Period Stated In The Invitation To Bid. The Eligibility Requirements Shall Provide For Fair And Equal Access To All Prospective Bidders. The Prospective Bidder Shall Certify Under Oath As To The Correctness Of The Statements Made, And The Completeness And Authenticity Of The Documents Submitted. A Prospective Bidder May Be Allowed To Submit His Eligibility Requirements Electronically. However, Said Bidder Shall Later On Certify Under Oath As To Correctness Of The Statements Made And The Completeness And Authenticity Of The Documents Submitted. The Eligible Prospective Bidders Shall Then Be Evaluated Using Numerical Ratings On The Basis Of The Short Listing Requirements Prescribed For The Competitive Bidding Concerned, Within The Period Stated In The Invitation To Bid To Determine The Short List Of Bidders Who Shall Be Allowed To Submit Their Respective Bids. Sec. 25. Submission And Receipt Of Bids. – A Bid Shall Have Two (2) Components, Namely The Technical And Financial Components Which Should Be In Separate Sealed Envelopes, And Which Shall Be Submitted Simultaneously. The Bids Shall Be Received By The Bac On Such Date, Time And Place Specified In The Invitation To Bid. The Deadline For The Receipt Of Bids Shall Be Fixed By The Bac, Giving It Sufficient Time To Complete The Bidding Process And Giving The Prospective Bidders Sufficient Time To Study And Prepare Their Bids. The Deadline Shall Also Consider The Urgency Of The Procurement Involved. Bids Submitted After The Deadline Shall Not Be Accepted. Notwithstanding The Provisions Of This Section And Section 26 Of This Act, The Gppb May Prescribe Innovative Procedures For The Submission, Receipt And Opening Of Bids Through The G-eps. Sec. 26. Modification And Withdrawal Of Bids. – A Bidder May Modify His Bid, Provided That This Is Done Before The Deadline For The Receipt Of Bids. The Modification Shall Be Submitted In A Sealed Envelope Duly Identified As A Modification Of The Original Bid And Stamped Received By The Bac. A Bidder May, Through A Letter, Withdraw His Bid Or Express His Intention Not To Participate In The Bidding Before The Deadline For The Receipt Of Bids. In Such Case, He Shall No Longer Be Allowed To Submit Another Bid For The Same Contract Either Directly Or Indirectly. Sec. 27. Bid Security. – All Bids Shall Be Accompanied By A Bid Security, Which Shall Serve As A Guarantee That, After Receipt Of The Notice Of Award, The Winning Bidder Shall Enter Into Contract With The Procuring Entity Within The Stipulated Time And Furnish The Required Performance Security. The Specific Amounts And Allowable Forms Of The Bid Security Shall Be Prescribed In The Irr. Sec. 28. Bid Validity. – Bids And Bid Securities Shall Be Valid For Such Reasonable Period Of Time Indicated In The Bidding Documents. The Duration For Each Undertaking Shall Take Into Account The Time Involved In The Process Of Bid Evaluation And Award Of Contract. Sec. 29. Bid Opening. – The Bac Shall Publicly Open All Bids At The Time, Date, And Place Specified In The Bidding Documents. The Minutes Of The Bid Opening Shall Be Made Available To The Public Upon Written Request And Payment Of A Specified Fee. Article Ix Bid Evaluation Sec. 30. Preliminary Examination Of Bids. – Prior To Bid Evaluation, The Bac Shall Examine First The Technical Components Of The Bids Using "pass/fail" Criteria To Determine Whether All Required Documents Are Present. Only Bids That Are Determined To Contain All The Bid Requirements Of The Technical Component Shall Be Considered For Opening And Evaluation Of Their Financial Component. Sec. 31. Ceiling For Bid Prices. – The Abc Shall Be The Upper Limit Or Ceiling For The Bid Prices. Bid Prices That Exceed This Ceiling Shall Be Disqualified Outright From Further Participating In The Bidding. There Shall Be No Lower Limit To The Amount Of The Award. Sec. 32. Bid For The Procurement Of Goods And Infrastructure Projects. – For The Procurement Of Goods And Infrastructure Projects, The Bac Shall Evaluate The Financial Component Of The Bids. The Bids That Passed The Preliminary Examination Shall Be Ranked From Lowest To Highest In Terms Of Their Corresponding Calculated Prices. The Bid With The Lowest Calculated Price Shall Be Referred To As The "lowest Calculated Bid." Sec. 33. Bid Evaluation Of Short Listed Bidders For Consulting Services. – For The Procurement Of Consulting Services, The Bids Of The Short Listed Bidders Shall Be Evaluated And Ranked Using Numerical Ratings In Accordance With The Evaluation Criteria Stated In The Bidding Documents, Which Shall Include Factors Such As, But Not Limited To, Experience, Performance, Quality Of Personnel, Price And Methodology. The Bids Shall Be Ranked From Highest To Lowest In Terms Of Their Corresponding Calculated Ratings. The Bid With The Highest Calculated Rating Shall Be The “highest Rated Bid.” After Approval By The Head Of The Procuring Entity Of The Highest Rated Bid, The Bac Shall Invite The Bidder Concerned For Negotiation And/or Clarification On The Following Items: Financial Proposal Submitted By The Bidder, Terms Of Reference, Scope Of Services, Methodology And Work Program, Personnel To Be Assigned To The Job, Services/facilities/data To Be Provided By The Procuring Entity Concerned, And Provisions Of The Contract. When Negotiations With The First-in-rank Bidder Fails, The Financial Proposal Of The Second Rank Bidder Shall Be Opened For Negotiations: Provided, That The Amount Indicated In The Financial Envelope Shall Be Made As The Basis For Negotiations And The Total Contract Amount Shall Not Exceed The Amount Indicated In The Envelope And The Abc. Whenever Necessary, The Same Process Shall Be Repeated Until The Bid Is Awarded To The Winning Bidder. Article X Post-qualification Sec. 34. Objective And Process Of Post-qualification. – Post-qualification Is The Stage Where The Bidder With The Lowest Calculated Bid, In The Case Of Goods And Infrastructure Projects, Or The Highest Rated Bid, In The Case Of Consulting Services, Undergoes Verification And Validation Whether He Has Passed All The Requirements And Conditions As Specified In The Bidding Documents. If The Bidder With The Lowest Calculated Bid Or Highest Rated Bid Passes All The Criteria For Post-qualification, His Bid Shall Be Considered The “lowest Calculated Responsive Bid,” In The Case Of Goods And Infrastructure Or The “highest Rated Responsive Bid,” In The Case Of Consulting Services. However, If A Bidder Fails To Meet Any Of The Requirements Or Conditions, He Shall Be “post-disqualified” And The Bac Shall Conduct The Post-qualification On The Bidder With The Second Lowest Calculated Bid Or Highest Rated Bid. If The Bidder With The Second Lowest Calculated Bid Or Highest Rated Bid Is Post-disqualified, The Same Procedure Shall Be Repeated Until The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid Is Finally Determined. In All Cases, The Contract Shall Be Awarded Only To The Bidder With The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid. Sec. 35. Failure Of Bidding. – There Shall Be A Failure Of Bidding If: (a) No Bids Are Received; (b) No Bid Qualifies As The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid; Or, (c) Whenever The Bidder With The Highest Rated/lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, As The Case May Be. Under Any Of The Above Instances, The Contract Shall Be Re-advertised And Re-bid. The Bac Shall Observe The Same Process And Set The New Periods According To The Same Rules Followed During The First Bidding. After The Second Failed Bidding, However, The Bac May Resort To Negotiated Procurement As Provided For In Section 53 Of This Act. Sec. 36. Single Calculated/rated And Responsive Bid Submission. – A Single Calculated/rated And Responsive Bid Shall Be Considered For Award If It Falls Under Any Of The Following Circumstances: (a) If After Advertisement, Only One Prospective Bidder Submits A Letter Of Intent And/or Applies For Eligibility Check, And Meets The Eligibility Requirements Or Criteria, After Which It Submits A Bid, Which Is Found To Be Responsive To The Bidding Requirements; (b) If After The Advertisement, More Than One Prospective Bidder Applies For Eligibility Check, But Only One Bidder Meets The Eligibility Requirements Or Criteria, After Which It Submits A Bid Which Is Found To Be Responsive To The Bidding Requirements; Or (c) If After The Eligibility Check, More Than One Bidder Meets The Eligibility Requirements, But Only One Bidder Submits A Bid, And Its Bid Is Found To Be Responsive To The Bidding Requirements. In All Instances, The Procuring Entity Shall Ensure That The Abc Reflects The Most Advantageous Prevailing Price For The Government. Article Xi Award, Implementation And Termination Of The Contract Sec. 37. Notice And Execution Of Award. – Within A Period Not Exceeding Fifteen (15) Calendar Days From The Determination And Declaration By The Bac Of The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid, And The Recommendation Of The Award, The Head Of The Procuring Entity Or His Duly Authorized Representative Shall Approve Or Disapprove The Said Recommendation. In Case Of Approval, The Head Of The Procuring Entity Or His Duly Authorized Representative Shall Immediately Issue The Notice Of Award To The Bidder With The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Winning Bidder Shall Formally Enter Into Contract With The Procuring Entity. When Further Approval Of Higher Authority Is Required, The Approving Authority For The Contract Shall Be Given A Maximum Of Twenty (20) Calendar Days To Approve Or Disapprove It. In The Case Of Government-owned And/or -controlled Corporations, The Concerned Board Shall Take Action On The Said Recommendation Within Thirty (30) Calendar Days From Receipt Thereof. The Procuring Entity Shall Issue The Notice To Proceed To The Winning Bidder Not Later Than Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Authority. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Contractor. Sec. 38. Period Of Action On Procurement Activities. – The Procurement Process From The Opening Of Bids Up To The Award Of Contract Shall Not Exceed Three (3) Months, Or A Shorter Period To Be Determined By The Procuring Entity Concerned. Without Prejudice To The Provisions Of The Preceding Section, The Different Procurement Activities Shall Be Completed Within Reasonable Periods To Be Specified In The Irr. If No Action On The Contract Is Taken By The Head Of The Procuring Entity, Or By His Duly Authorized Representative, Or By The Concerned Board, In The Case Of Governmentowned And/or -controlled Corporations, Within The Periods Specified In The Preceding Paragraph, The Contract Concerned Shall Be Deemed Approved. Sec. 39. Performance Security. – Prior To The Signing Of The Contract, The Winning Bidder Shall, As A Measure Of Guarantee For The Faithful Performance Of And Compliance With His Obligations Under The Contract Prepared In Accordance With The Bidding Documents, Be Required To Post A Performance Security In Such Form And Amount As Specified In The Bidding Documents. Sec. 40. Failure To Enter Into Contract And Post Performance Security. – If, For Justifiable Causes, The Bidder With The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid Fails, Refuses Or Is Otherwise Unable To Enter Into Contract With The Procuring Entity, Or If The Bidder Fails To Post The Required Performance Security Within The Period Stipulated In The Bidding Documents, The Bac Shall Disqualify The Said Bidder And Shall Undertake Post-qualification For The Next-ranked Lowest Calculated Bid Or Highest Rated Bid. This Procedure Shall Be Repeated Until An Award Is Made. However, If No Award Is Possible, The Contract Shall Be Subjected To A New Bidding. In The Case Of A Failure To Post The Required Performance Security, The Bid Security Shall Be Forfeited Without Prejudice To The Imposition Of Sanctions Prescribed Under Article Xxiii. Sec. 41. Reservation Clause. – The Head Of The Agency Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract In The Following Situations: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Defined In The Irr. Sec. 42. Contract Implementation And Termination. – The Rules And Guidelines For The Implementation And Termination Of Contracts Awarded Pursuant To The Provisions Of This Act Shall Be Prescribed In The Irr. The Rules And Guidelines Shall Include Standard General And Special Conditions For Contracts.