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PROVISIONS OF THE IRR OF RA 9184

RELATING TO
PROCUREMENT OF
CONSULTING SERVICES

CONSULTING SERVICES

Specialized expertise provided for a


client in the performance of a
specified task over a specified
period of time
Example:
Design of a facility
Economic and Financial Analysis
Management Advisory Services
Construction Supervision

CONSULTANT

May be Filipino or foreigner

Has the appropriate education,


training and relevant experience

HIRING OF CONSULTANTS

Filipino consultants shall be hired if


required expertise and capability are
available. (EO 278)

If not available locally, foreign


consultants may be hired.

Standard Bidding Procedures for


Consulting Services
Pre-Procurement
Conf.

Shortlisting

Bid Evaluation
&
Ranking

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Pre-Bid
Conference

Negotiation

Submission and Opening of


Eligibility Envelopes
(Eligibility Check)

Submission
Opening of
of
Technical Envelopes
Bids
& Preliminary Exam.

PostQualification

Award of
Contract

PRE-PROCUREMENT
CONFERENCE

To ensure that the procurement


is in accordance with the project
and agency procurement plan

To determine the readiness of


procurement at hand (availability
of funds, clarity of TOR)

PRE-PROCUREMENT
CONFERENCE

Review/agree on the criteria for


eligibility screening/short listing

Determine number of shortlist of firms

Review/agree on the criteria for


evaluation of proposals

Determine evaluation procedure (Qualitybased or Quality-cost based)

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At least once in one (1) newspaper of


general nationwide circulation which has
been regularly published for at least two (2)
years

Posted in the website of the agency and the


EPS

ADVERTISEMENT

Posted in a conspicuous place in the agency


concerned

For contracts costing P1,000,000 and below or


those with duration of 4 months or less, posting in
the website, G-EPS and conspicuous place in the
agency concerned would suffice

LETTER OF INTENT

Must be received by the BAC not later


than 7 days from last date of posting
of the IAEB

Upon receipt, the list of eligibility /


shortlisting requirements shall be
provided by the BAC Secretariat

ELIGIBILITY DOCUMENTS
Class A Documents
Legal
SEC or DTI Registration Certificate
Valid and current municipal
license/Mayors permit
Tax Identification Number
Statement that Consultant is not
blacklisted by any government
agency

ELIGIBILITY DOCUMENTS

Tax Clearance/ Tax Returns per BIR EO


398
Certificate of GEPS Registration

Technical
Statement of completed, ongoing and
contracts awarded but not yet started
(government and private contracts)
within the period specified in the IAEB

ELIGIBILITY DOCUMENTS

Types of equipment owned, under lease


and/or under purchase agreement
Key staffs,partners or principal officers
of the consulting firm and their
respective curriculum vitae

Financial
Audited financial statements, stamped
received by the BIR or its duly
authorized institution

ELIGIBILITY DOCUMENTS
Class B Documents
Valid joint venture agreement, if
any.
(each member of the JV shall submit
the eligibility documents)
Letter authorizing agency to
verify all submitted documents

Eligibility Check
Eligibility
Requirement
s
DTI/SEC
Registration
Mayors
Permit
TIN
List of
Projects

Firm
1

Firm
2

Firm
3

Firm
4

Firm
5

SHORT-LISTING

To determine the most qualified firms to


undertake the project
Shortlist of consultants to be drawn from
those eligible
Shortlist shall consist of 3 to 7 consultants,
with 5 as preferable number
If less than the required number pass the
minimum score, BAC shall consider the same

SHORT-LISTING

Applicable experience of Consultants


30%
Qualification of personnel to be assigned
50%
to the job (education,work experience,
number of years in firm, etc.)
Current work load relative to capacity

20 %

BID DOCUMENTS
Technical Envelope

Bid Security
Authority of the Signatory
Organizational Chart
List of completed and on-going
projects
Approach, work plan, and schedule

BID DOCUMENTS

List of key personnel to be assigned


Certificate under oath of compliance
with Labor Laws
Disclosure Affidavit
Statement attesting compliance with
responsibilities of bidder

Financial Envelope
Financial Proposal

PRE-BID CONFERENCE
For contracts P1.0M and above, at least one (1)
pre-bid conference
For contracts below P1.0M, discretion of BAC
Attendance of the bidders not required
Shall be held at least 12 days before deadline for
the submission and receipt of bids

SUPPLEMENTAL BULLETIN
Requests for clarification must be in writing
and submitted at least 10 days before deadline
for submission and receipt of bids
Supplemental bulletins shall be issued 7 days
before deadline for the submission and
opening of bids
Supplemental bulletin shall also be posted on
the agency website

SUBMISSION AND OPENING OF


BIDS

Bids shall be submitted/opened at the


place, date and time specified in the IAEB
Bids may be modified before the deadline
for the submission and receipt of bids.
Bids may be withdrawn before the deadline
for the receipt of bids. Withdrawal after
deadline shall be subject to sanctions.
Bid security now required for Consulting
Services.

BID EVALUATION

QUALITY-BASED

Simultaneous submission of both Technical


and Financial proposals in separate sealed
envelopes

Technical proposals shall be evaluated first


and the consultants ranked

First-in-rank consultant shall be invited for


contract and financial negotiations

BID EVALUATION

QUALITY-COST BASED
Ranking

is based both on the


Technical and Financial Proposals

Technical

and Financial proposals


shall be given corresponding
weights

Financial

proposal shall be given


weights of 15% up to maximum of

For QCBE

Evaluation

Firms whose TPs did not meet the minimum


qualifying score will have their financial
proposals (FPs) returned unopened

Opening of financial proposals

Only firms whose TPs meet the qualifying


score shall be invited to the opening of FPs on
a separate date/time set by the BAC

FIRM

TECHNICA
L SCORE
(75%)

FINANCIA
L SCORE
(25%)

FINAL
SCORE

RANK

84

100

88.00

86

91

87.25

85

83

84.50

80

77

79.25

83

71

80.00

For QCBE

Lowest financial proposal is given 100 points


Other financial proposals are scored as follows:
Fplowest x 100
FPn
Example
P 1.0 million P 1.0 million
83 points
points
P 1.0 million 100
P 1.2
million
P 1.0 million P 1.0 million
P 1.1 million 90
P 1.3
million
points

77 points

For QCBE

To eliminate biased scoring of technical


proposals, it is recommended that the
highest and lowest scores for each criterion
shall not be considered in determining the
average scores

Observe the Confidentiality Rule

Evaluation process shall be completed in 21


days

EVALUATOR

FIRM 1

FIRM 2

FIRM 3

FIRM 4

FIRM 5

95

75

84

83

84

84

88

86

81

82

84

86

85

79

84

83

85

84

79

82

84

87

86

80

83

AVERAGE
(5E)

86.0

84.2

85.0

80.4

83.0

RANK

EVALUATOR

FIRM 1

FIRM 2

FIRM 3

FIRM 4

FIRM 5

95

75

84

83

84

84

88

86

81

82

84

86

85

79

84

83

85

84

79

82

84

87

86

80

83

AVERAGE
(5E)

86.0

84.2

85.0

80.4

83.0

RANK

AVERAGE
(3E)

84

86

85

80

83

RANK

EVALUATION OF TECHNICAL
PROPOSALS

Experience and Capability of Firm


Plan of Approach and Methodology
Quality of personnel to be assigned
Project Manager
Other
For

10%
30%
60%

Key Staff

unique or complex undertaking, short-listed


consultants may be required to make an oral
presentation within 15 days after the deadline for the
submission of Technical proposals

NEGOTIATION
with Highest Rated Bidder

Finalization of methodology and work


program
Personnel to be assigned (compensation
vs. qualification, number of man months)
Facilities and data to be provided by the
agency
Financial proposal submitted by Consultant
(not included under quality-cost based )
Provisions of the contract

POSTQUALIFICATION

Legal Requirements. To verify and


validate licenses/permits.

Technical Requirements. To verify


and validate experience of firm and key
personnel to be assigned to the project.

Financial Requirements. To verify


and validate the bid price proposal.

FAILURE OF BIDDING

No LOI or no bid is received;


All prospective bidders are declared
ineligible or all eligible bidders fail to meet
the shortlisting criteria;
Shortlisted bidders fail to comply with all
bid requirements or there is no successful
negotiations or fail postqualification;
Bidder with Highest Rated Responsive Bid
refuses without justifiable cause to accept
award of contract, and no award is made

AWARD OF CONTRACT

Award of contract shall be made to


the bidder with the highest rated and
responsive bid.
Decision to award or not to award
shall be made within 7 days from the
date the BAC determines the highest
rated and responsive bid. For GOCCs
and GFIs, the period shall be 15 days.

CONTRACT SIGNING

Contract shall be signed by the


winning bidder and head of the
agency within 10 days from receipt
by the winning bidder of the notice of
award

CONTRACT APPROVAL/
NOTICE TO PROCEED

Contract shall be approved not later than 10


days from date the winning bidder and the
agency concerned have signed the contract
NTP shall be issued to the successful bidder
3 days from date of approval of the contract
Performance Security now required for
Consulting Services
All bids are fixed prices and not subject to
price adjustments

WARRANTY

Consultants are liable for structural


defects/failures due to faulty/
inadequate design and specifications
as well as construction supervision.

ALTERNATIVE METHODS OF
PROCUREMENT
Limited Source Bidding

Highly specialized type of consulting


services where only few consultants
have the expertise

Negotiated Procurement

Where there has been failure of public


bidding for the second time
In case of imminent danger or when time
is of the essence
Take-over of consultancy contracts which
have been rescinded or terminated

Special project is adjacent or contiguous to


an ongoing similar project
Procurement of Consulting Services from
another government agency
Individual consultants hired to do work
that is

highly technical or proprietary


primarily confidential or policy determining

Where amount involved is P50T and below

CONTRACT IMPLEMENTATION

Advance payment not to exceed 15%


of contract amount.

Any extension of contract time shall


not involve any additional cost.

No incentive bonus is allowed.

THANK YOU