REPUBLIC ACT NO. 12009 (ARTICLE 8)

RECEIPT AND OPENING BIDS

Section 52 - Eligibility Requirements for the Procurement of Goods, Infrastructure Projects, and Consulting Services

The BAC or, under special circumstance specified in the IRR, its duly designated organic office, shall require the submission of the prospective bidder's valid and updated PhilGEPS Certificate of Registration and Membership to ensure that the bidder is technically, legally, and financially capable to undertake the proposed project for the procurement of Goods, Infrastructure Projects, and Consulting Services within the period set forth in the Invitation to Bid.

Section 53 - Short-Listing for Consulting Services

The eligible prospective bidders for the procurement of Consulting Services shall be evaluated using numerical ratings on the basis of the short-listing requirements prescribed for the Competitive Bidding concerned, within the period stated in the Invitation to Bid to determine the short-list of bidders that shall be allowed to submit their respective bids.

Section 54 - Submission and Receipt of Bids

A bid shall have two (2) components, namely the technical and financial components, which shall be in separate sealed envelopes, and which shall be submitted simultaneously. The bids shall be received by the BAC on such date, time, and place specified in the Invitation to Bid. The deadline for the receipt of bids shall be fixed by the BAC, providing sufficient time to complete the bidding process and giving the prospective bidders sufficient time to study and prepare their bids. The deadline shall also consider the urgency of the procurement involved.

Bids submitted after the deadline shall not be accepted.

Section 55 - Modification and Withdrawal of Bids

Bidders may modify their bids: Provided, That this is done before the deadline for the receipt of bids. The modification shall be submitted in a sealed envelope duly identified as a modification of the original bod and stamped received by the BAC.

Bidders may, through a letter, withdraw their bids or express their intention not to participate in the bidding before the deadline for the receipt of bids. In such cases, they shall no longer be allowed to submit another bid for the same contract either directly or indirectly.

Section 56 - Bid Security

All Bids under modes of procurement to be determined in the IRR shall be accompanied by a Bid security, which shall serve as a guarantee that, after receipt of the Notice of Award, the winning bidder shall enter into contract with the Procuring Entity within the stipulated time and furnish the required performance security. The specific amounts and allowable forms of the Bid security shall be prescribed in the IRR: Provided, That sectors enumerated under Section 96 of this Act may be allowed to post such other forms such as a bid securing declaration.

Section 57 - Bid Validity

Bids and Bid securities shall be valid for such a reasonable period of time indicated in the Bidding Documents. The duration for each undertaking shall take into account the time involved in the process of Bid evaluation and award of contract.

Section 58 - Bid Opening

The BAC shall publicly open all bids at all time, date, and place specified in the bidding documents: Provided, That is shall be held not later than one (1) calendar day after the deadline for the submission and receipt of Bids. The minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee.

End of Article 8