Civil Checklist

8/8/2019 Civil Checklist

1/22

Procurement Watch Inc.Procurement of Infrastructure Projects 4/4/2005

PUBLIC BIDDING CHECKLIST

For Procurement of Infrastructure Projects through Competitive Public Bidding

PROCEDURE ACTIVITY OBSERVATION

Pre-procurement

Conference (IRR

Section 20)

For Approved Budget for the Contract

(ABC) costing more than five million

pesos:

Did the BAC call for a pre-

procurement conference?

Is the procurement in accordance

with the project and annual

procurement plan?

Except for design and build

schemes, was a detailed engineeringcarried out in accordance with thestandards and specifications

prescribed by the head of the

procuring entity concerned or hisduly authorized representative?

Is the procurement ready in terms

of availability of ROW, if required,

appropriations and programmedbudget for the contract, adherence

of bidding documents, technicalplans, specifications, among others?

Are the criteria for eligibility

screening of the pass/fail type?

Did the BAC finalize and approve

the criteria for evaluation of bids?

(eg. number and type of equipment

required, personnel and years ofexperience required)

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

Advertising and

Contents of the

Invitation to bid (IRR

Section 21)

Completeness of advertisement (list deficiencies, if any)


2/22

Procurement Watch Inc.

For Procurement of Infrastructure Projects 4/4/05

2

1. Name and location of contract

to be bid, project backgroundincluding brief description of

the type, size, major items of

the works, among others

2. General statement on the criteria

for eligibility check,

examination and evaluation ofbids, and post-qualification

3. Date, time, and place of thedeadline for the submission and

receipt of eligibility

requirements and Letter of

Intent, the pre-bid conference,the submission and receipt of

bids, and the opening of bids

4. The Approved Budget for the

Contract (ABC)

5. Source of funding

6. Period of availability of bidding

documents, place where they

may be secured, and price of

bidding documents, whereapplicable

7. Contract duration

8. Name, address, telephone

number, fax number, e-mail and

website addresses as well asdesignated contact persons

YYEESS / NO

YYEESS / NO

YYEESS / NO(indicate date, time and

place)

YYEESS / NO(indicate amount)

YYEESS / NO(indicate source of

funds)

YYEESS / NO(indicate period, place

and price)

YYEESS / NO(indicate contract

duration)

YYEESS / NO(indicate details)


3/22



3

For ABC costing more than five

million pesos:

Was the advertisement published

twice within a maximum period offourteen (14) calendar days with aminimum period of six (6) calendar

days between publications?

Was it published in a newspaper ofgeneral nationwide circulation in

existence for at least 2 years?

Was it continuously posted in thewebsite of procuring entity, if

available, during the same period ofadvertisement in the newspaper?

Was it continuously posted in the

G-EPS during the same period ofadvertisement in the newspaper?

Was it continuously posted in a

conspicuous place in the premisesof the procuring entity, as certified

by the Head of the BAC Secretariat

of the procuring entity concerned,during the same period ofadvertisement in the newspaper?

For ABC costing five million pesos

and below:

Was it continuously posted in the

website of procuring entity, ifavailable, for a maximum period of

fourteen (14) calendar days?

Was it continuously posted in theG-EPS for a maximum period of

fourteen (14) calendar days?

Was it continuously posted in aconspicuous place in the premises

of the procuring entity, as certified

YYEESS / NO

(indicate dates ofpublication)

YYEESS / NO(indicate newspaper)

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


4/22



4

by the Head of BAC Secretariat of

the procuring entity concerned, for

a maximum period of fourteen (14)calendar days?

Letter of Intent for

the Procurement of

Infrastructure

Projects (IRR Section

21.3)

Is there a registry of contractors in

the procuring entity?

If the answer above is YES, is the

prospective bidder registered with

the procuring entity?


prospective bidders registration

current and updated in the G-EPS

electronic registry, or the procuringentitys electronic registry already

existing upon the effectivity of theAct and that allows electronicsubmission and/or recording/entry

of eligibility requirements

simultaneously with registration?

If the prospective bidders

registration is not updated, did the

bidder submit its updated

documents?

After the BAC verified proper

submission of all registrationrequirements, did the BAC issue a

certification of official registration?

Was the above-mentioned

certification submitted to the

procuring entity in lieu of the Class

A documents? (IRR Section 23.6.1)

Did the prospective bidder submit

a Letter of Intent (LOI) to

participate in the bidding?

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


5/22



5

If the answer above is YES, was the

LOI received not later than seven

(7) calendar days after the last dayof the period for advertising and/or

posting of the Invitation to Applyfor Eligibility and to Bid?

YYEESS / NO

Eligibility

Requirements for the

Procurement of

Infrastructure

Projects (IRR Section

23)

Did the procuring entity usestandard forms/checklist of

necessary documents for eligibility

as prescribed by the Government

Procurement Policy Board?

Were the eligibility requirements orstatements submitted to the BAC in

the form prescribed in the IRRSection 23.6 and in the Instruction

to Bidders? (Class A & B

Documents)

Did the procuring entity use the

non-discretionary pass/fail criteriafor determining eligibility, based on

the submission of the required

documents? (IRR Section 23.6)

Eligible Participants for Procurement of

Infrastructure:

In case of sole proprietorships,are the bidders duly licensed

and Filipino citizens?

In case of partnerships, are they

duly organized under the laws

of the Philippines and of whichat least seventy-five percent(75%) of the interest belongs to

Filipino citizens?

In case of corporations, are theyduly organized under laws of

the Philippines and of which at

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


6/22



6

least seventy-five percent (75%)

of the outstanding capital stock

belongs to Filipino citizens?

In case of entities forming

themselves into a joint venture,is the interest of the Filipinopartner in the joint venture

concerned at least seventy-five

percent (75%) Filipino-owned?

Where the structures to be built

require the application of

techniques and/or technologies,which are not adequately

possessed by a person/entity

meeting the seventy-fivepercent (75%) Filipino

ownership requirement, is the

Filipino ownership or interest

not less than twenty- fivepercent (25%)?

In case of cooperatives, are they

duly registered with theCooperatives Development

Authority (CDA)?

Was the person/entity issued alicense by the Philippine

Contractors Accreditation

Board (PCAB) to engage in theconstruction business?

In the case of foreigncontractors, did they substitute

the eligibility requirements

under Class A Documents with

the appropriate equivalentdocuments issued by the

country of the foreign

contractor concerned? (IRRSection 23.7)

Did the Philippine Consulate

duly acknowledge or

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


7/22



7

authenticate the above-

mentioned documents?

Is the value of the prospectivebidders largest single completed

contract, adjusted to current pricesusing the National Statistics Officeconsumer price indices, and similar

to the contract to be bid, at least

fifty percent (50%) of the approvedbudget?

Is the Contractors Performance

Evaluation System (CPES) rating,and/or certificate of completion and

owners acceptance of the contract

satisfactory? (IRR Section23.11.2.4)

Did the prospective bidder present

any of the following:

1. A commitment from a licensed

bank to extend to it a credit line

of at least ten percent (10%) ofthe ABC, if awarded the

contract;

2. Cash deposit certificate in anamount not lower than that set

by the procuring entity in the

bidding documents, which shallbe at least equal to ten percent

(10%) of the ABC;

3. Net Financial ContractingCapacity (NFCC), which must

at least be equal to the ABC

Did the prospective bidder or its

duly authorized representativecertify under oath that each of the

documents submitted is an original

copy or a true and faithfulreproduction or copy of the original

and that all information contained

therein is true and correct?

YYEESS / NO

YYEESS / NO

YYEESS / NO(indicate form and

amount)

YYEESS / NO


8/22



8

Did the prospective bidders submit

their eligibility envelopes on orbefore the deadline and at the place

specified in the Invitation to Applyfor Eligibility and to Bid?

Were there prospective bidders who

submitted their eligibility envelopes

after the deadline?

If the answer above is YES, did the

BAC reject the said submission?

Did the BAC open the eligibility

envelopes on the date, time andplace specified in the Invitation toapply for Eligibility and to Bid?

Did the BAC use the non-

discretionary pass/fail criteria forthe eligibility check of prospective

bidders?

In case one or more of the requireddocuments for the eligibility

envelope of a prospective bidder ismissing, incomplete, or patentlyinsufficient, did the BAC declare

said prospective bidder as

ineligible?

If a prospective bidder is rated

passed for all the eligibility

requirements, is he immediately

considered eligible to participate inthe bidding?

Did the BAC declare which

prospective bidders are eligible andwhich are ineligible?

Did the procuring entity inform inwriting the prospective bidders of

their eligibility or ineligibility?

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO(indicate date, time

and place)

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


9/22



9

If a prospective bidder is found

ineligible, were the grounds for itsineligibility stated in the written

notice above?

In case a prospective bidderdetermined as ineligible wishes to

file a request for reconsideration

with the BAC, either verballyduring the time of the eligibility

check or in writing within seven (7)

calendar days upon written notice,was the request for reconsideration

due to the fault of the bidder?

If the answer above is YES, did theBAC consider the request for

reconsideration?

Upon receipt of the request forreconsideration, did the BAC

resolve the matter within seven (7)

calendar days from receipt thereof?

YYEESS / NO

YYEESS / NO

YES / NNOO

YYEESS / NO

Pre-bid Conference

(IRR Section 22)

Is the ABC one million pesos ormore?


procuring entity hold at least one(1) pre-bid conference?

If the answer above is YES, was the

pre-bid conference held at leasttwelve (12) calendar days before

the deadline for the submission and

receipt of bids?

Were the minutes of the pre-bid

conference recorded and made

available to all participants not laterthan three (3) calendar days after


YYEESS / NO

YYEESS / NO(indicate date)

YYEESS / NO


10/22



10

the pre-bid conference?

Did an eligible bidder submit awritten request for an interpretation

or clarification to the BAC?

If the answer above is YES, was itsubmitted at least ten (10) calendar

days before the deadline set for the

submission and receipt of bids?

Were there any statements in the

pre-bid conference, which modified

the terms of the biddingdocuments?

If the answer above is YES, werethese specifically identified in

writing and issued as a

Supplemental/Bid Bulletin to thebid documents and sent to allparties who have secured the bid

documents? (IRR Section 22.5)

Did the BAC respond through

Supplemental/Bid Bulletin issued at

least seven (7) calendar days beforethe deadline for the submission andreceipt of bids?

Were the Supplemental/Bid

Bulletins posted in the website ofthe procuring entity as well as in the

G-EPS? (IRR Section 22.5.3)

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YES / NO

(indicate dates)

YYEESS / NO(indicate date)

Submission and

Receipt of Bids (IRR

Section 25)

Did the bidder submit their bid

envelopes, sealed and duly marked,on or before the deadline and at the

places specified in the Invitation to

Apply for Eligibility and to Bid andthe Bidding Documents?

Were there bidders who submitted

YYEESS / NO

YYEESS / NO


11/22



11

their bid envelopes after the

deadline?


BAC reject the said submission?

Were the technical and financialbids submitted in two (2) separate

sealed bid envelopes, and contained

in one outer envelope?

YYEESS / NO

YYEESS / NO

Modification and

Withdrawal of Bids

(IRR Section 26)

In case a bidder modified its bid,was the modification done beforethe deadline for the submission and

receipt of bids?

In case a bidder modified its bid,

did the BAC allow the bidder to

retrieve its original bid?

In case a bidder modified its bid,

was the bid envelope marked

modification to distinguish itfrom its original bid?

In case a bidder withdrew its bid,was the letter of withdrawalsubmitted before the deadline for

the submission and receipt of bids?

In case the bidder withdrew its bid,did the BAC allow the bidder to

submit another bid, directly or

indirectly for the same contract?

In case a bidder did not participate

in the bidding, was such non-participation done in writing andbefore the deadline for the receipt

of bids?

YYEESS / NO

YES / NNOO

YYEESS / NO

YYEESS / NO

YES / NNOO

YYEESS / NO

Bid Opening (IRR

Section 29)

Did the BAC open the bids at thedate, time and place specified in the

YYEESS / NO


12/22



12

Invitation to Apply for Eligibility

and to Bid and as stated in the

bidding documents?

Did all the bidders or their duly

authorized representatives attendthe opening of bids?

Were all pages of the original copy

of all bids received and opened

required to be initialed by allmembers of the BAC or their duly

authorized representatives present

during bid opening?

Were the minutes of the bid

opening prepared and madeavailable to the public upon writtenrequest and payment of specified

fee?

(indicate date, time, and

place)

YYEESS / NO

YYEESS / NO

YYEESS / NO

Preliminary

Examination of Bids

(IRR Section 30)

Were the first envelopes opened inpublic for the purpose of

determining the bidders

compliance with the requisites

therefor?

Was a checklist of the required

documents specified in the IRR

Section 25.3 prepared by theprocuring entity, and were the

submitted documents checked

against said checklist to ascertain ifthey are all present in the first bid

envelope?

Did the bids include a bid security

in the form prescribed by theprocuring entity as stated in IRR

Section 27?


amount of the bid security at least

equal to the specified amount asstated in IRR Section 27.2?

YYEESS / NO

YYEESS / NO

YYEESS / NO(indicate form)



13/22



13

Were the bids and bid securities

valid for a maximum period of 120

calendar days from the opening of

bids?

In case of failure to enclose the bid

security, was the bidder

automatically disqualified?

In case one or more of the required

documents in the first envelope ismissing, incomplete or patently

insufficient, did the BAC disqualify

the concerned bidder outright and

immediately return to him thesecond bid envelope unopened?

Did the BAC open only the secondenvelopes of the bidders who

complied with the requirements for

the first envelopes?

Did the BAC check whether or not

the second envelopes contained all

the information/documentsspecified in the IRR Section 25.4?

In case one or more of the requireddocuments in the second envelopeis missing, incomplete or patently

insufficient and/or the submitted

total bid price exceeds the approved

budget for the contract, did theBAC disqualify the concerned

bidder outright and rated the bid as

failed?

Was there any written notice

requesting for reconsideration withthe BAC from a bidder whose bidwas rated as failed?

In case a bidder determined as

failed wishes to file a request forreconsideration with the BAC,

either verbally during the time of

YYEESS / NO

YES / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


14/22



14

the bid opening or in writing within

seven (7) calendar days of bid

opening, was the request forreconsideration due to the fault of

the bidder?

If the answer above is YES, did theBAC consider the request for

reconsideration?

Upon receipt of the request forreconsideration, did the BAC

resolve the matter within seven (7)

calendar days from receipt thereof?

In case a bidder that failed to

comply with any of therequirements for the first bidenvelope filed a motion for

reconsideration, did the BAC hold

its second bid envelope sealed andunopened until such time the matter

is resolved?

YYEESS / NO

YYEESS / NO

YYEESS / NO

Bid Evaluation for the

Procurement of

Infrastructure (IRRSection 32)

The procuring entity determines the

Lowest Calculated Bid (LCB)

through the following 2-stepprocedure:

1. Did the BAC conduct a detailed

evaluation of the financial

component of the bids to establishthe correct calculated prices of the

bids?

2. Was the ranking of the total bidprices calculated from the lowest to

the highest in order to determine theLCB?

Was the evaluation of bids

completed not later than fifteen (15)

calendar days from the date ofopening of bids?

YYEESS / NO

YYEESS / NO

YYEESS / NO


15/22



15

Did the BAC prepare the

corresponding Abstract of Bids,

which contains the following:

1. Name of the contract and its

location, if applicable;2. Time, date and place of bid

opening; and

3. Names of bidders and their

corresponding calculated bidprices, arranged from lowest to

highest, the amount of bid

security and the name of theissuing entity. (IRR Section

32.5)

Were the Abstract of Bids signedby all BAC members?

YYEESS / NO

YYEESS / NO

Post-Qualification

(IRR Section 34)

Through post-qualification, did theprocuring entity ascertain, within

seven (7) calendar days from the

determination of the LCB, whetherthe bidder with the LCB complies

with and is responsive to all

requirements and conditions for

eligibility and the bidding contractas specified in the bidding

documents?

With respect to the legalrequirements, did the BAC

undertake verification, validation,and ascertainment of the licenses

and agreements, among others,

submitted by the bidder with the

LCB?

Did the BAC also undertake

verification, validation, andascertainment that the bidder with

the LCB is not included in any

Government blacklist?

YES / NO

YYEESS / NO

YYEESS / NO


16/22



16

With respect to the technical

requirements, did the BAC

undertake verification and

validation of the following:

1. Competence and experience ofthe bidder and its key personnelassigned to the project;

2. Availability and commitment

and/or inspection and testing ofequipment to be used for the

duration of the project;

3. Performance of the bidder in itson-going contracts, government

and/or private; and

4. Sufficiency of the bid security

as to type, form, amount,wording and validity period.

With respect to the financial

requirements, did the BACundertake the verification and

validation of the following:

1. Bid price proposal;

2. Bank commitment to

provide credit line to the bidder,

if applicable;3. Bidders stated net worth and

liquid assets;

4. Bidders net working capital;5. Value of outstanding or

unfinished works; and

6. Bidders NFCC, wheneverapplicable

Did the bidder with the LCB pass

all of the post-qualification

criteria/requirements?


BAC consider him post-qualifiedand his bid as the Lowest

Calculated Responsive Bid

(LCRB)?

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


17/22



17

If the bidder with the LCB failed

any of the post-qualification

criteria/requirements, did the BAC

consider him post-disqualified?


BAC immediately notify him in

writing that he is post-disqualifiedand inform him in the same notice

of the grounds for his post-

disqualification?

In case of post-disqualification, was

the post-disqualified bidder given

seven (7) calendar days fromreceipt of the notice of post-

disqualification to request for areconsideration of the decision fromthe BAC?

In case of any such request forreconsideration, did the BACevaluate the request using the same

non-discretionary criteria?


BAC issue its final determination of

the said request within seven (7)calendar days from receipt thereof?

After the BAC notified the said

bidder with the LCB of its post-

disqualification, not withstandingany pending request for

reconsideration, did the BAC

initiate and complete the post-qualification on the bidder with the

second LCB?

Did the second LCB pass post-qualification?

If the answer above is YES, and in

the event that the request forreconsideration of the bidder of the

LCB is denied, did the BAC post-

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


18/22



18

qualify the second LCB as the

bidder with the LCRB?

In case the second bidder failed thepost-qualification, did the BAC

repeat the procedure for post-qualification with the next lowestcalculated bid and so on, until the

LCRB is determined?

YYEESS / NO

Notice and Execution

of Award (IRR

Section 37)

Was the award of contract made

using the submitted bid price of the

bidder with the LCRB or the

calculated bid price, whichever islower?

In the case of a Single Calculated

Responsive Bid as provided in IRRSection 36, was the bidder with the

Single Calculated Responsive Bid

awarded the contract?

Was the decision whether or not to

award the contract made withinfifteen (15) calendar days from the

determination and declaration by

the BAC of the LCRB?

In the case of GOCCs and GFIs,

was the decision whether or not to

award the contract made within

thirty (30) calendar days from thedetermination and declaration by

the BAC of the LCRB?

Within the same period, did the

BAC notify all losing bidders of

their decision?

Was the contract awarded within

the bid validity period?

Did it become necessary to extendthe validity of bids?

YYEESS / NO

(indicate contract price)

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YES / NNOO


19/22



19

Did the winning bidder or its duly

authorized representative enter into

contract with the procuring entity

within ten (10) calendar days fromreceipt of the notice of award?

Was the Notice of Award

immediately posted in aconspicuous place within the

premises of the procuring entity and

in the website of the procuringentity and/or the G-EPS?

Did the contract awardee post a

performance security, in the formand amount prescribed in IRR

Section 39, in favor of theGovernment within the timespecified by the procuring entity

after contract signing?

Was the performance security inany of the following forms and in

accordance with the following

schedule:

1. Cash, certified check, cashiers

check, managers check, bankdraft, or irrevocable letter ofcredit 5% of the total contract

price

2. Bank guarantee 10% of thetotal contract price

3. Surety bond, callable on

demand issued by surety orinsurance companies 30% of

the total contract price

4. Any combination thereof

5.

Foreign government guarantee 100% of the total contract price

In the event of refusal, failure orinability of the bidder with the

LCRB to enter into contract with

the Government and/or post the

required performance security

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO(indicate form and

amount)

YYEESS / NO


20/22



20

within the time provided, did the

procuring entity impose the

appropriate sanctions provided forunder IRR Section 65.3?

In case of refusal, failure orinability of the bidder with theLCRB to enter into contract with

the Government and/or post the

required performance securitywithin the time provided therefore,

did the procuring entity exercise its

option to consider for award thebidder with the second LCRB at his

submitted bid if the same does not

exceed the approved budget of the

contract awarded?

In case of a subsequent refusal,

failure or inability, was the same

procedure above followed by theprocuring entity until an award was

made?

When further approval of higherauthority is required, did the

approving authority for the contract

or his duly authorizedrepresentative approve or

disapprove the contract, within

twenty (20) calendar days from thereceipt thereof?

In the case of GOCCs, did the

approving authority for the contractor his duly authorized

representative approve or

disapprove the contract, within

thirty (30) calendar days from thereceipt thereof?

Did the procuring entity issue theNotice to Proceed together with the

copy of the approved contract to the

successful bidder, within seven (7)

calendar days from the date of

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO


21/22



21

approval of the contract?

Did the procuring entity review the

qualifications of the bidder at anystage of the procurement process

and find any grounds formisrepresentation or change in theprospective bidders capability to

undertake the project?

If the answer above is YES, did itresult to the bidders ineligibility/

disqualification from submitting a

bid or obtaining an award?

Was the procurement process from

opening of bids up to the award ofcontract completed within three (3)months or a shorter period as

determined by the procuring entity?

YYEESS / NO

YYEESS / NO

YYEESS / NO

Protests on Decisions

of the BAC (IRR

Section 55)

Was there a protest on the decisionsof the BAC with respect to the

conduct of the bidding?

Was a prior motion for

reconsideration filed by the bidderwithin the reglementary period and

the same has been resolved?

Was the protest filed within seven

(7) calendar days from receipt by

the bidder of the resolution of theBAC denying its motion for

reconsideration?

Was the protest in the form of a

verified position paper and filedwith the head of the procuring

entity together with a non-

refundable protest fee in an amountequivalent to no less than one

percent (1%) of the ABC?

YYEESS / NO

YYEESS / NO

YYEESS / NO

YYEESS / NO(indicate issue(s) and

amount)


22/22



Was the protest resolved by the

head of the procuring entity within

seven (7) calendar days from

receipt thereof?

YYEESS / NO

Failure of Bidding

(IRR Section 35)

Did the BAC declare the bidding

a failure in any of the followingconditions:

1. No prospective bidder submitsan LOI or no bids are received;

2. All prospective bidders are

declared ineligible;

3. All bids fail to comply with allthe bid requirements or fails

post-qualification4. The bidder with the LCRB

refuses, without justifiable

cause, to accept the award of

contract and no award is madein accordance with IRR Section

40

YYEESS / NO(indicate which

condition)