Title
Amendment to RA 9184 IRR on Pre-Bid Conference
Law
No. 03-2018
Decision Date
Jul 25, 2018
The Government Procurement Policy Board (GPPB) issues a circular mandating the posting of pre-bid conference minutes on the procuring entity's website to increase transparency and minimize bidders' disqualification due to non-compliance with bidding requirements.
A

Pre-Bid Conference Requirements and Scope

  • At least one pre-bid conference must be conducted for procurements with an Approved Budget for the Contract (ABC) of One Million Pesos (P1,000,000) or more.
  • For procurements less than P1,000,000, pre-bid conferences are discretionary.
  • The pre-bid conference serves as a forum for the Bids and Awards Committee (BAC) and prospective bidders to discuss and clarify bidding requirements, terms, conditions, and specifications.

Discussions During the Pre-Bid Conference

  • Eligibility requirements, technical and financial contract components must be clarified.
  • Questions and clarifications by prospective bidders before and during the conference must be addressed.
  • Attendance is open but not mandatory.
  • For consulting services, the shortlisted bidders may attend, and clarificatory meetings may also be held before eligibility checking.

Amendment to Section 22.4 of the 2016 IRR - Minutes of Pre-Bid Conference

  • Minutes must be recorded and prepared within five (5) calendar days after the pre-bid conference.
  • They must be made available to prospective bidders within five (5) days upon written request.
  • The minutes shall also be posted on the procuring entity's website to enhance transparency.
  • Any amendments to Bidding Documents must be issued in writing through Supplemental/Bid Bulletins at least seven (7) calendar days before bid submission deadline.

Measures Introduced in the 2016 IRR to Minimize Bidder Disqualifications

  • Mandatory use of PhilGEPS Certificate of Registration under the Platinum Category to reduce document submissions.
  • Alternative documents allowed for eligibility requirements such as Mayor's Permit substitutes and financial capacity computations.
  • Relaxation of eligibility requirements for foreign consultants and separate requirements for individual consultants.
  • Less stringent rules on bid sealing and marking.

Issues Despite Existing Measures

  • Still frequent failures of bidding due to bidder non-compliance, often avoidable through careful examination and clarifications during pre-bid conferences.

Circular on Conduct of Pre-Bid Conference (Circular 02-2018)

  • Applies to all government departments, agencies, state universities, government-owned corporations, financial institutions, and local government units.
  • Emphasizes maximizing pre-bid conferences to minimize bidder disqualifications.
  • Defines pre-bid conference as a forum to discuss procurement requirements and facilitate clarifications.

Roles and Responsibilities of the Bids and Awards Committee (BAC)

  • Proactively discuss all bidding requirements without waiting for bidder queries.
  • Share common reasons for past bidder disqualifications and preventive measures.
  • Entertain questions from all prospective bidders regardless of their purchase of bidding documents.
  • Issue Supplemental/Bid Bulletins proactively or upon request at any stage.
  • Post minutes of the pre-bid conference on the procuring entity’s website.

Responsibilities of Prospective Bidders

  • Carefully examine the entire Bidding Documents prior to the pre-bid conference.
  • Actively raise questions and clarifications during the conference.
  • Ensure the representatives preparing the bids attend the pre-bid conference to reduce preparation errors.
  • After the conference, obtain and review any Supplemental/Bid Bulletins issued via BAC, PhilGEPS, or the procuring entity’s website before submitting bids.

Additional Procedural Guidelines

  • Clarificatory meetings may be held in consulting services procurement before eligibility checking, provided equal participation, proper notification, mandatory rules compliance, documentation through minutes, and issuance of bid bulletins posted publicly.
  • Step-by-step methodologies are detailed in the Generic Procurement Manuals for guidance.

Effectivity

  • The resolution and circular take effect immediately upon approval and issuance.

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