RULE XII DOMESTIC AND FOREIGN PROCUREMENT

Section 43. Procurement of Domestic and Foreign Goods

Consistent with the Governments obligations under international treaties or
agreements, goods may be obtained from domestic or foreign sources: Provided,
however, That the procurement thereof shall be open only to eligible suppliers,
manufacturers and distributors: Provided, further, That, in the interest of availability,
efficiency and timely delivery of goods, the procuring entity may give preference to
the purchase of domestically-produced and manufactured goods, supplies and
materials that meet the specified or desired quality, in accordance with provisions
of Commonwealth Act No. 138.

RULE XIII BIDDING OF PROVINCIAL PROJECTS

Section 44. Bidding of Provincial Projects
Priority programs and infrastructure projects funded out of the annual GAA which
are intended for implementation within the province shall be subject to the same
public bidding and to the procurement processes prescribed in this IRR-A. For
purposes of this Section, Engineering District infrastructure projects and priority
programs fully funded by the Government and identified in consultation with the
concerned members of Congress, shall constitute provincial projects and shall be
governed by this Section and Section 45 of this IRR-A.
Section 45. Provincial Bidders1
45.1.

Within five (5) years from the effectivity of the Act, a contractor who
participates in the bidding of provincial priority programs and
infrastructure projects as defined in Section 44 of this IRR-A, whose
principal office is within the same province, and who submits the lowest
bid among the provincial bidders which is higher than the Lowest
Calculated Bid made by a contractor with principal office outside the said
province, shall be given forty-eight (48) hours from receipt of written
advice from the BAC to match in writing the Lowest Calculated Bid.
Matching shall be made through appropriate adjustments in his unit bid
prices without changing the Scope of Work and work items prescribed by
the procuring entity in the bidding documents. Should the said provincial
bidder fail to match the Lowest Calculated Bid within the specified period,
the contract shall be awarded to the bidder with the Lowest Calculated
Bid. If the provincial bidder is able to match the submitted Lowest
Calculated Bid within the specified period, he shall be awarded the
contract provided he passes the post-qualification. Provided, however,
That this Section shall not apply to contracts the coverage of which
includes more than one province: Provided, further, That this Section shall

This provision will not apply to procurement projects advertised/published five (5) years
after the effectivity of R.A. 9184 or after 26 January 2008.

not cover the procurement of consulting services: Provided, finally, That

this Section shall not apply to projects located within Metro Manila.
45.2.

The release of funds for said projects shall be published in a local

newspaper with the widest circulation and posted at any conspicuous
place reserved for the purpose in the premises of the procuring entity
and posted continuously in the website of DBM and the G-EPS during the
same period for the advertisement and posting of the Invitation to Apply
for Eligibility and to Bid under Section 21 of this IRR-A.