Title
Amendment to IRR-A Sec. 23.11.2 No. 3 RA 9184
Law
Memorandum Order No. 171
Decision Date
May 19, 2005
The amendment to the Implementing Rules and Regulations of the Government Procurement Reform Act establishes allowable ranges of contract costs for prospective bidders based on their largest single completed contract, ensuring fair competition in government procurement.

Adjustment for Inflation and Similarity of Contracts

  • The adjustment of contract values to current prices is done through consumer price indices provided by the National Statistics Office.
  • The contract experience considered should be similar to the contract to be bid, ensuring relevant capability evaluation.

Provisions for Small Contractors Without Similar Experience

  • Contractors categorized under Small A and Small B who lack similar experience may still be allowed to bid.
  • Such contractors must have completed contracts with costs exceeding 50% of the Allowable Ranges of Contract Cost (ARCC) corresponding to their registration category.
  • This provision allows broader participation and supports smaller contractors.

Basis for Classification of Contractor Categories

  • The classification of contractors in relation to ARCC is governed by guidelines prescribed by the Philippine Contractors Accreditation Board (PCAB).
  • These guidelines ensure standardized and transparent contractor registration standards.

Legal Ramifications and Implementation

  • This amendment was approved by the President and took effect immediately.
  • All other provisions of the original IRR-A remain unchanged.
  • The amendment responds to a Supreme Court ruling declaring joint Congressional participation in the IRR formulation unconstitutional, thus reaffirming the prerogative of the Government Procurement Policy Board.

Overall Scope and Purpose

  • The amendment enhances clarity and rigor in pre-qualification requirements for government procurement bids.
  • It balances the need for relevant contract experience and inclusivity of small contractors lacking similar prior contracts.
  • It supports the objectives of Republic Act No. 9184 to ensure efficient, transparent, and competitive government procurement processes.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.