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Award of Contract

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0% found this document useful (0 votes)
39 views39 pages

Award of Contract

Uploaded by

Dawn Rei Dangkiw
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 39

Rule on Award of the Contract

 The contract shall be awarded to the bidder with


the Lowest Calculated Responsive Bid (LCRB) at
its submitted bid price or its calculated bid price,
whichever is lower. (Sec. 34.4, IRR of R.A. 9184)

 The BAC shall issue a Resolution recommending


to the HOPE to the contract to the bidder with the
LCRB ataward its submitted bid price or its
calculated bid price, whichever is lower.

 Prior to the expiration of the period of bid validity,


the LGU should notify the successful bidder in
writing that its bid has been accepted, through a
NOA received personally or sent by registered
mail or electronically

1
Procedure
The following steps are followed in the awarding of a
contract:

a. The BAC Secretariat consolidates all the documents


and/or records of the proceedings of the BAC with
regard to the procurement at hand, and attaches the
same to the BAC Resolution.

b. The BAC Secretariat drafts the BAC Resolution


recommending award.

c. The BAC approves and signs the Resolution


Recommending Award, and transmits the same to the
HOPE. (Sec. 37.1.1, IRR of RA 9184)

d. The HOPE acts on the recommendation for award


within seven (15) calendar days from the date of
determination and declaration by the BAC of the
LCRB/SCRB. The HOPE should approve or disapprove
the BAC recommendation for award of the contract. 2
e. In case of approval of the BAC recommendation, the HOPE,
through the BAC, issues the NOA to the bidder with the
LCRB/SCRB.

f. Simultaneously, the BAC, through the BAC Secretariat, shall


notify all losing bidders of its decision. (Sec. 37.1.3, IRR of
RA 9184). (3CD)

g. In case of a disapproval of the recommendation of award,


the HOPE shall state the reason(s) for disapproval and
instruct the BAC on the subsequent steps to be adopted.

h. BAC, through the BAC Secretariat, shall post the NOA, within
three (3) calendar days from its issuance, at the following:
i. PhilGEPS website;
ii. LGU’s website, if any, and
iii. Any conspicuous place in the premises of the LGU.)

i. The bidder with the LCRB/SCRB accepts the NOA.

3
Republic of the Philippines
Office of the Municipal Mayor
BIDS AND AWARDS COMMITTEE
Cervantes, Ilocos Sur

BAC Resolution Declaring LCRB and Recommending Approval


RESOLUTION NO.

WHEREAS, the Municipal Government of Cervantes, Ilocos Sur advertised the Invitation to Bid
of the Construction of Portland Cement Concrete Pavement (PCCP) along Nidoy-Segundo Road
in a newspaper of nationwide general circulation, posted in the PhilGEPS and a conspicuous place at the
premises of the Municipal Government of Cervantes, Ilocos Sur continuously for 7 days;

WHEREAS, in response to the said advertisements, five (5) bidders purchased bid documents
and three (3) bidders submitted their bids on ' November 9, 2009 and three (3) bidders
passed the preliminary examination of bids ;
Name of Bidder Bid Amount % Variance
(As Read) from ABC
1. Matatag Construction P 8,933,793.72 98.12%
2. Lugi Construction P 9,050,200.45 99.40%
3. Balik Construction P 9,085,550.20 99.79%

WHEREAS, the detailed evaluation of bids conducted on November 10, 2009 resulted in the
following:

Name of Bidder Bid Amount % Variance


(As Calculated) from ABC
1. Matatag Construction P 8,933,793.72 98.12%
2. Lugi Construction P 9,050,200.45 99.40%
3. Balik Construction P 9,085,550.20 99.79%
WHEREAS, upon post-qualification or careful examination, validation and verification of all the
eligibility, technical and financial requirements submitted by the Bidder with the Lowest
Calculated Bid , Matatag Construction , its bid has been found to be responsive;

NOW, THEREFORE, We, the Members of the Bids and Awards Committee, hereby RESOLVE
as it is hereby RESOLVED:

a) To declare Matatag Construction as the Bidder with the Lowest Calculated


Responsive Bid for the Construction of Portland Cement Concrete Pavement
(PCCP) along Nidoy-Segundo Road
b) To recommend for approval by the Municipal Mayor of Cervantes, Ilocos Sur
the foregoing findings.

RESOLVED, at the Cervantes, Ilocos Sur , this 13th day of November, 2009

FLODELIZA U. PAGADUAN PEDRO B. BLANCO


BAC Member BAC Member

ESTRELLITA P. DE GUZMAN ROWENA S. MACABANGUN


BAC Member BAC Vice-Chairman

JOSIE CORNEL-ICO
BAC Chairman

APPROVED BY:

ATTY. EMMANUEL R. JAVIER


Municipal Mayor

Date approved:
Goods and Services

8
Republic of the Philippines
COMMISSION ON AUDIT
Regional Office No. I
BIDS AND AWARDS COMMITTEE
San Fernando City, La Union

Notice of Award

December 6, 2012

MR. HOMER A. CONCHADA


Manager
HLYC Trading
G/F Meiling Tower Bldg. 1133E
Aguilar St., Sta. Cruz, Manila

Dear Sir :

We are happy to notify you that the Procurement of IT Equipment and Software is hereby awarded
you as the Bidder with the Lowest Calculated Responsive Bid at a Contract Price equivalent to
ONE HUNDRED THREE THOUSAND FIVE HUNDRED PESOS ( Php 103,500.00) on the following items;

No. Description Qty. Unit Unit Cost Amount


1. HP DESKJET INK ADVANTAGE 15 units 5,750.00 86,250.00
ALL IN ONE K209a (CH368A)
Printer with print, copy and scan functions
(ink Advantage - All-in-one)

2. KASPERKSY ANTI-VIRUS 2013 12 units 1,437.50 17,250.00


12 UNITS (@ 3 USERS) bundled with Media Kit
Installer Anti Virus for Server

TOTAL AMOUNT 103,500.00

Please be advised to formally enter into contract with us, and to submit the Performance Security in
the form and the amount stipulated in the Instructions to Bidders. Failure to entrer into the said contract
or provide the Performance Security shall constitute a sufficient ground for cancellation of this award
and forfeiture of your Bid Security.

Very truly yours,

DELFIN P. AGUILAR
Regional Director
Conforme:
9
Date :
Infrastructure

10
Standard Form Number: SF-INFR-65

Republic of the Philippines


Department of Agriculture
Regional Office No. 1
BIDS AND AWARDS COMMITTEE
San Fernando City, La Union

Notice of Award

November 14, 2008

MR. ALEX O. MATATAG


General Manager
Matatag Construction
Cervantes, Ilocos sur

Dear Sir :

We are happy to notify you that the Construction of Portland Cement Concrete Pavement
(PCCP) along Nidoy - Segundo Road , Cervantes, Ilocos Sur is hereby awarded you as the
Bidder with the Lowest Calculated Responsive Bid at a Contract Price equivalent to EIGHT
MILLION NINE HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED NINETY THREE PESOS
AND 54/100 CENTAVOS ( Php 59,985,126.54)

You are therefore required, within ten (10) days from the receipt of this Notice of Award, to
formally enter into contract with us, and to submit the Performance Security in the form and
the amount stipulated in the Instructions to Bidders. Failure to entrer into the said contract or
provide the Performance Security shall constitute a sufficient ground for cancellation of this
award and forfeiture of your Bid Security.

Very truly yours,

ATTY. EMMANUEL R. JAVIER


Regional Director
Standard Form Number: SF-INFR-66

Republic of the Philippines


Department of Agriculture
Regional Office No. 1
BIDS AND AWARDS COMMITTEE
San Fernando City, La Union

NOTIFICATION OF BIDDING RESULTS

November 15, 2008

MR. ARMANDO S. LUGI


Lugi Construction
51 P. de Guzman St.
Dagupan City

Dear Sir / Madame:

We regret to notify you that the Construction of Portland Cement Concrete Pavement (PCCP)
along Nidoy-Segundo Road has been awarded to a competing contractor, Matatag Construction
at its bid of EIGHT MILLION NINE HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED
NINETY THREE PESOS (P 8,933,793.72) ,which hasbeen determined to be the Lowest Calculated
Responsive Bid for the Contract.

We look forward to your participation in the bidding of our other projects.

Very truly yours,

ATTY. EMMANUEL R. JAVIER


Regional Director
Mandating All Gov’t Agencies,
including LGUs to post all Notices
of Award in the Phil GEPS Website
in accordance with the provisions
of RA 9184 and its Revised IRR
Procurement Service
Failure or Refusal to Accept Award
Blacklisting
• Agency/LGU BAC shall forfeit the bid
security of the bidder.

• Agency/LGU BAC may also impose on the


erring bidder the penalty of suspension
for one (1) year from participation in
government procurement for the first
offense, and suspension for two (2) years
for the second offense. (Section 69.1,
IRR of R.A. 9184)
15
Failure or Refusal to Accept Award
Criminal Action

• Agency/LGU concerned may initiate a criminal


action against the erring bidder as well as
against its co-conspirators, including public
officers, for violation of the provisions of R.A.
9184 and its IRR. If proven guilty, the bidder
and its co-conspirators shall suffer the
penalty of imprisonment of not less than six
(6) years and one (1) day but not more than
fifteen (15) years. (Section 65.3.4, IRR of R.A.
9184)

16
Procurement Process Flow
Procurement
Pre-
Planning and procurement
Preparatory Conference
Works

Advertisement
and/or Posting
Opening and Opening and Submission Pre-bid
Evaluation of Evaluation of and Receipt of
Second Envelope
Conference
First Envelope Bids Issuance of Bid
Documents

Submission of
additional post Approval of Contract
Detailed qualification req’ts resolution/ preparation
Evaluation of Issuance of
Post- and signing
Bids (LCB) Notice of ward
qualification
(LCRB)

17
Contract Preparation
And signing

18
Performance Security
Performance security must be -
 Posted in favor of LGU, and
 Forfeited in favor of the PE if the winning
bidder fails to perform any of its obligations
under the contract.

Time of Posting
 The winning bidder should furnish LGU with
the performance security in the form
prescribed in the Bidding Documents within a
maximum period of 10 cd from NOA’s receipt,
and in all cases upon the signing of the
contract.
19
Performance Security
Form of Bid and Amt of Bid Security Amt of Performance
Performance (% = ABC) Security
Security (% = Contract Price)

a)Cash or
cashier’s/manager’
s check
2% 10%
b)Bank
guarantee/draft or
Irrevocable LC
c)Surety bond
callable upon 5% 30%
demand
d)Combination of the
foregoing Proportionate to share of form with
respect to the total amount of security

20
Performance Security
Release of Performance Security

• The performance security may be


released by LGU after the
issuance of the Certificate of
Final Acceptance, provided that
there are no claims filed against
the contract awardee or the
surety company.
21
Contract Signing and Approval
• The winning bidder and the LCE must
sign the contract within ten (10)
calendar days from receipt by the
winning bidder of the NOA. (Section
37.2.1, IRR of RA 9184)

• The LGU shall enter into contract with


the winning bidder within the same ten
(10) day period provided that all the
documentary requirements are complied
with.
22
37.2.3. The following documents shall form part
of the contract:

a) Contract Agreement;
b) Bidding Documents;
c) Winning bidder’s bid, including the Eligibility
requirements, Technical and Financial Proposals,
and all other documents/statements submitted;
d) Performance Security;
e) Credit line in accordance with the provisions
of this IRR, if applicable;
f) Notice of Award of Contract; and
g) Other contract documents that may be
required by existing laws and/or the procuring
entity concerned in the Bidding Documents, such
as the following:
Infrastructure

24
1. Construction schedule and S-curve,

2. Manpower schedule,

3. Construction methods,

4. Equipment utilization schedule,

5. Construction safety and health


program approved by the Department
of Labor and Employment, and

6. PERT/CPM for infrastructure project


Section 37.2. Contract Signing

37.2.1. The winning bidder shall post the required


Performance Security and enter into contract with
the procuring entity within ten (10) calendar days
from receipt by the winning bidder of the Notice of
Award.

37.2.2. The procuring entity shall enter into


contract with the winning bidder within the same
ten (10) day period provided that all the
documentary requirements are complied with.
Goods and Services

27
CONTRACT AGREEMENT

THIS AGREEMENT made the ______ day of December, 2012 between COA Regional Office No.1, San
Fernando City, La Union of the Philippines (hereinafter called “ the Entity ” ) of the one part and HLYC
Trading of G/F Meiling Tower Bldg. 1133E, Aguilar St., Sta. Cruz, Manila (hereinafter called “the Supplier”) of the
other part:
WHEREAS the Entity invited Bids for certain goods and ancillary services, viz., Procurement of IT
Equipment and Software and has accepted a Bid by the Supplier for the supply of the following goods
in the sum of ONE HUNDRED THREE THOUSAND FIVE HUNDRED PESOS ( Php 103,500.00) (hereinafter called
“the Contract Price”) :

No. Description Qty. Unit Unit Cost Amount


1. HP DESKJET INK ADVANTAGE 15 units 5,750.00 86,250.00
ALL IN ONE K209a (CH368A)
Printer with print, copy and scan functions
(ink Advantage - All-in-one)

2. KASPERKSY ANTI-VIRUS 2013 12 units 1,437.50 17,250.00


12 UNITS (@ 3 USERS) bundled with Media Kit
Installer Anti Virus for Server

TOTAL AMOUNT 103,500.00

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:

(a) the Bid Form and the Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Entity’s Notification of Award.

3. In consideration of the payments to be made by the Entity to the Supplier as hereinafter mentioned, the
Supplier hereby covenants with the Entity to provide the goods and services and to remedy defects therein
in conformity in all respects with the provisions of the Contract

4. The Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and services
and the remedying of defects therein, the Contract Price or such other sum as may become payable under
the provisions of the contract at the time and in the manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the
laws of the Republic of the Philippines on the day and year first above written.

COA REGIONAL OFFICE NO. 1 HLYC TRADING


SAN FERNANDO CITY, LA UNION

BY: BY:

DELFIN P. AGUILAR HOMER A. CONCHADA 28


Regional Director Manager
WITNESSES

_________________________ _____________________
(Owner’s Witness) (Supplier’s Witnesses)

______________________
Accountant

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )


San Fernando City, La Union ) S. S.

Before me a Notary Public; for and in San Fernando City, La Union , Philippines, personally appeared
the following

DELFIN P. AGUILAR Community Tax Cert. No.


(Owner) Issued On
Issued at
TIN

HOMER A. CONCHADA Community Tax Cert. No.


(Supplier) Issued On
Issued At
TIN

Known to me and to me known to be the same persons who executed and signed the foregoing instrument
and who acknowledged to me that the same is their true and voluntary acts and deeds and that of the agency/
entity they respectively represent.

This instrument is a Contract Agreement for the Procurement of IT Equipment and Software consisting
of two(2) pages including this page where the acknowledgement is written. Page1 is signed on the corresponding
spaces provided thereof and Page 2 is signed on the left margin thereof by the Parties and their instrumental
witnesses and sealed with notarial seal.

WITNESS MY HAND AND SEAL this _______ day of December, 2012 at San Fernando City, La Union

__________________
Notary Public
Until December 31, 2012
PTR No. _______________
Doc. No. TIN _______________
Page No. 29
Book No.
Series of 2012
Infrastructure

30
CONTRACT AGREEMENT

This Agreement, made this 17th day of Nov., 2008 between Department of
Agriculture, Regional Office No. 1, Sn.Fdo. City, La Union ( hereinafter called "the Entity" )
and Matatag Construction (hereinafter called "the contractor") of the other part.

W hereas, the Entity is desirous that the Contractor execute Construction of Portland
Cement Concrete Pavement (PCCP) along Nidoy-Segundo Road ( hereinafter called
" the W orks " ) and the Entity has accepted the Bid for EIGHT MILLION NINE
HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED NINETY THREE PESOS and
72/100 CENTAVOS (P 8,933,793.72) by the contractor for the execution and completion of
such W orks and the remedying of any defects therein.

NOW, THIS AGREEMENT WITNESSETH AS FOLLOWS :

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read and construed
as part of this Agreement, to wit:

(a) General and Special Conditions of Contract;


(b) Drawings/Plans;
(c) Specifications;
(d) Invitation to Apply for Eligibility and to Bid;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Addenda and/or Supplemental/Bid Bulletins, if any;
(h) Bid form, including all the documents/statements contained in the Bidder’s bidding
envelopes, as annexes;
(i) Eligibility requirements, documents and/or statements;
(j) Performance Security;
(k) Credit line issued by a licensed bank, if any;
(l) Notice of Award of Contract and the Bidder’s conforme thereto;
(m) Other contract documents that may be required by existing laws and/or the Entity.

3. In consideration of the payments to be made by the Entity to the contractor as


hereinafter mentioned, the contractor hereby covenants with the Entity to
execute and complete the W orks and remedy any defects therein in conformity with
the provisions of the Contract in all respects.

4. The Entity hereby covenants to pay the contractor in consideration of the


execution and completion of the W orks and the remedying of defects wherein,
the Contract Price or such other sum as may become payable under the
provisions of this Contract at the times and in the manner prescribed by this
Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day
and year first before written.

DEPARTMENT OF AGRICULTURE MATATAG CONSTRUCTION


Regional Office No. 1

BY: BY:

ATTY. EMMANUEL R. JAVIER ALEX O. MATATAG


Regional Director General Manager

Page 1 of 2
W I T N E S S E S

(Owner’s Witness) (Contractor’s Witnesses)

Accountant

AC K N O W L E D G E M E N T

REPUBLIC OF THE PHILIPPINES )


San Fernando City, La Union ) S. S.

Before me a Notary Public; for and in San Fernando City, La Union


Philippines, personally appeared the following

ATTY. EMMANUEL R. JAVIER Community Tax Cert. No.


(Owner) Issued On
Issued at
TIN

ALEX O. MATATAG Community Tax Cert. No.


(Contractor) Issued On
Issued At
TIN

Known to me and to me known to be the same persons who executed and signed
the foregoing instrument and who acknowledged to me that the same is their true and
voluntary acts and deeds and that of the agency/entity they respectively represent.

This instrument is a Contract Agreement for the Construction of Portland Cement


Concrete Pavement (PCCP) along Nidoy-Segundo Road consisting of two(2) pages
including this page where the acknowledgement is written. Page 1 is signed on the left
margin thereof and Page 2 is signed on the corresponding spaces provided thereof by
the Parties and their instrumental witnesses andcsealed with notarial seal.

WITNESS MY HAND AND SEAL this 18th day of November, 2008 at


San Fernando City, La Union

ATTY. NO CASE
Notary Public
Until December 31, 2008
PTR No.
Doc. No. TIN
Page No.
Book No.
Series of 2008
Procurement Process Flow
Procurement
Pre-
Planning and procurement
Preparatory Conference
Works

Advertisement
and/or Posting
Opening and Opening and Submission Pre-bid
Evaluation of Evaluation of and Receipt of
Second Envelope
Conference
First Envelope Bids Issuance of Bid
Documents

Submission of
additional post Approval of Contract
Detailed qualification req’ts resolution/ preparation
Evaluation of Issuance of
Post- and signing
Bids (LCB) Notice of ward
qualification
(LCRB)

Notice to
Proceed

33
Notice to Proceed

• The HOPE or his/her duly authorized


representative issues NTP to the successful
bidder within (7) calendar days from the date of
the approval of the contract.

For infra projects with ABC of 50M and below,


the maximum period is 2 calendar days.

• BAC Secretariat, shall post a copy of the NTP


and the approved contract within fifteen (15)
calendar days from its issuance in the PhilGEPS
or the website of the LGU, if any. (Section
37.4.2, IRR of RA 9184)
34
Notice to Proceed
EFFECTIVITY OF THE CONTRACT

The contract effectivity date


shall be provided in the Notice to
Proceed by the Agency, which
shall not be later than seven (7)
calendar days from its issuance.
(Section 37.4.1, IRR of RA 9184)
35
Goods and Services

36
Republic of the Philippines
COMMISSION ON AUDIT
Regional Office No. I
OFFICE OF THE REGIONAL DIRECTOR
San Fernando City, La Union

NOTICE TO PROCEED

MR. HOMER A. CONCHADA


Manager
HLYC Trading
G/F Meiling Tower Bldg. 1133E
Aguilar St., Sta. Cruz, Manila

Dear Sir:

The attached Contract Agreement having been approved, notice is hereby given to HLYC Trading that
deliveries of goods may proceed on the Procurement of IT Equipment and Software seven(7) days
from the date of this notice. The following goods to be delivered as follows:

No. Description Qty. Unit Unit Cost Amount


1. HP DESKJET INK ADVANTAGE 15 units 5,750.00 86,250.00
ALL IN ONE K209a (CH368A)
Printer with print, copy and scan functions
(ink Advantage - All-in-one)

2. KASPERKSY ANTI-VIRUS 2013 12 units 1,437.50 17,250.00


12 UNITS (@ 3 USERS) bundled with Media Kit
Installer Anti Virus for Server

TOTAL AMOUNT 103,500.00

Upon receipt of this notice, you are responsible for performing the deliveries under the terms and conditions
of the Agreement and in accordance with the Implementation Schedule.

Please acknowledge receipt and acceptance of this notice by signing both copies in the space provided
below. Keep one copy and return the other to the COA Regional Office No. 1, San Fernando City,
La Union

Very truly yours,

DELFIN P. AGUILAR
Regional Director

I acknowledge receipt of this Notice on

Name of the Representative of the Bidder: 37


Authorized Signature:
Infrastructure

38
Republic of the Philippines
Department of Agriculture
Regional Office No. 1
BIDS AND AWARDS COMMITTEE
San Fernando City, La Union

NOTICE TO PROCEED

November 19, 2008

MR. ALEX O. MATATAG


General Manager
Matatag Construction
117 A E. Rodriquez Ave.
Teresa, Rizal

Dear Sir:

The attached Contract Agreement having been approved, notice is hereby given to
Matatag Construction that work may proceed on the Construction of
Portland Cement Concrete Pavement (PCCP) along Nidoy-Segundo Road
ten(10) days after the receipt of this notice.

Upon receipt of this notice, you are responsible for performing the services under
the terms and conditions of the Agreement and in accordance with the
Implementation Schedule.

Please acknowledge receipt and acceptance of this notice by signing both copies
in the space provided below. Keep one copy and return the other to the
Department of Agriculture, Regional Office No. 1, San Fdo. City, La Union

Very truly yours,

ATTY. EMMANUEL R. JAVIER


Regional Director

I acknowledge receipt of this Notice on

Name of the Representative of the Bidder:

Authorized Signature:

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