Refers to R.A. 9184, entitled “An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for other Purposes,” otherwise known as the Government Procurement Reform Act. In the case of Infrastructure Projects, the Plan shall include engineering design and acquisition of right-of-way. - All the members of the BAC are hereby authorized to engage the service of private lawyers or extend counsel immediately upon receipt of Court Notice that a civil or criminal action, suit or proceeding is filed against them. The contents and coverage of this report shall be provided in the IRR. Any contractor who fails to comply with the preceding paragraphs shall suffer perpetual disqualification from participating in any public bidding and his property or properties shall be subject to attachment or garnishment proceedings to recover the costs. - Jurisdiction over the offenses defined under this Article shall belong to the appropriate courts, according to laws existing at the time of the commission of the offenses. ARTICLE XXTHE GOVERNMENT PROCUREMENT POLICY BOARD. 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 bide, which is found to be responsive to the bidding requirements; b. Effectivity Clause. e. Negotiated Procurement - a method of Procurement that may be resorted under the extraordinary circumstances provided for in Section 53 of this Act and other instances that shall be specified in the IRR, whereby the Procuring Entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant. - At least one pre-bid conference shall be conducted for each procurement, unless otherwise provided in the IRR. Bidding of Provincial Projects. (k) Infrastructure Projects - include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication faci9lities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings and other related construction projects of the government. Protests must first be resolved before any award is made. Private Legal Assistance. Upon recommendation by the Procuring Entity, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Contractor conveying the termination of this Contract. Contract Implementation and Termination. Section 46. Memorandum Circular No. The contractor shall be fully responsible for the safety, protection, security, and convenience of his personnel, third parties, and the public large, as well as the works, equipment, installation and the like to be affected by his construction work and shall be required to put up a warranty security in the form of cash, bank guarantee, letter of credit, Government Service Insurance System bond, or callable surety bond. Section 76. When negotiations with first-in-rank bidder fails, the financial proposal of the second rank bidder shall 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. (n) Procurement - refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity. Section 13. This procedure shall be repeated until an award is made. - 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 G-EPS shall serve as the primary and definitive source of information on government procurement. All procurement of the national government, its departments, bureaus, offices and agencies, including state universities and colleges, government -owned and/or-controlled corporations, government financial institutions and local government units, shall, in all cases, be governed by these principles: (a) Transparency in the procurement process and in the implementation of procurement contracts. 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. 37. b) Approved Budget for the Contract (ABC). The Pre-bid conference(s) shall be held within a reasonable period before the deadline for receipt of the bids to allow prospective bidders to adequately prepare their bids, which shall be specified in the IRR. Procurement shall also include the lease of goods and real estate. - 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. The said amounts shall only be released after the lapse of the warranty period, provided that the Goods supplied are free from defects and all the conditions imposed under the contract have been fully met. Section 2. The amount of the protest fee and the periods during which the protests may be filed and resolved shall be specified in the IRR. The details and mechanics of implementation shall be provided in the IRR to be promulgated under this Act. After approved 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 item: financial proposal submitted by the bidder, terms of reference, scope of services, methodology and work program, personnel to be assigned to job, services/facilities/data to be provided by the Procuring Entity concerned, and provisions of the contract. The DND said that the termination was in compliance with the directive of President Rodrigo Duterte and is also in "pursuant to the Government Procurement Law (RA 9184) which authorizes contract termination for the convenience of the government." 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. The BAC shall be responsible for ensuring that the Procuring Entity abides by the standards set forth by this Act and the IRR, and it shall prepare a procurement monitoring report that shall be approved and submitted by the Head of the Procuring Entity to the GPPB on a semestral basis. AN ACT PROVIDING FOR THE MODERNIZATION, STANDARIZATION AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES ... - 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. When there is an unforeseen contingency requiring immediate purchase: Provided, however, That the amount shall not exceed Fifty thousand pesos (P50,000); or. Respondents contend that petitioners should have availed themselves of the otherwise mandatory protest mechanism set forth in Sections 55 and 58 of the procurement law (RA 9184) and the counterpart provisions found in its Implementing Rules and Regulations (IRR)-A before seeking judicial remedy. In all instances, the Procuring Entity shall ensure that the most advantageous price for the government is obtained. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity. Contract Prices. 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 deadlines 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; (f) The period of availability of the Bidding Documents, and the place where these may be secured and; (h) Such other necessary information deemed relevant by the Procuring Entity. Section 72. Procurement of highly specialized types of Goods and Consulting Services which are known to be obtainable only from a limited number of sources; or. 3. The process of arbitration shall be incorporated as a provision in the contract that will be executed pursuant to the provisions of this Act: Provided, That by mutual agreement, the parties may agree in writing to resort to alternative modes of dispute resolution. Section 21. 9184, among others. Section 19. Septage Management Funding Available for Water District.. 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. In the absence of the CPES rating sheet, the existing performance monitoring system of the procuring entity shall be applied. Further, the GPPB is authorized to approve changes in the procurement process to adapt to improvements in modern technology, provided that such modifications are consistent with provisions of Section 3 of this Act. 40, series of 2001, entitled "Consolidating Procurement Rules and Procedures for all National Government Agencies, Government-Owned-or-Controlled Corporations and/or Government Financial Institutions, and requiring the Use of the Government Electronic Procurement System"; Executive Order No.262, series of 2000, entitled "Amending Executive Order No.302, series of 1996, entitled "Providing Policies, Guidelines, Rules and Regulations for the Procurement of Goods/Supplies by the National Government' and Section 3 of Executive Order No.201, series of 2000, entitled "Providing Additional Policies and Guidelines and the Procurement of Goods/Supplies by the National Government"; Executive Order No. Alternative Methods. For further information, please refer to: Aristotle E. Guerrero Head Secretariat, BAC for Infrastructure Tel: 575-1700 Fax: 816-0996 funded procurement activities from procurement planning up to contract implementation and termination, except for the following: a) Acquisition of real property which shall be governed by Republic Act No. The rules and guidelines shall include standard general and special conditions for contracts. d) Instructions to Bidders. This Act, which is a consolidation of House Bill No.4809 and Senate Bill No. protect national interest in all matters affecting public Procurement, having due regard to the country's regional and international obligations; (b.) not award the contract at any time prior to contract award in accordance with Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected bidder or bidders. Notice and Executive of Award. 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