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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 For Approved Budget for the Contract


Conference (IRR (ABC) costing more than five million
Section 20) pesos:

• Did the BAC call for a pre- • YES / NO


procurement conference?

• Is the procurement in accordance • YES / NO


with the project and annual
procurement plan?

• Except for design and build • YES / NO


schemes, was a detailed engineering
carried out in accordance with the
standards and specifications
prescribed by the head of the
procuring entity concerned or his
duly authorized representative?

• Is the procurement ready in terms • YES / NO


of availability of ROW, if required,
appropriations and programmed
budget for the contract, adherence
of bidding documents, technical
plans, specifications, among others?

• Are the criteria for eligibility


• YES / NO
screening of the pass/fail type?

• Did the BAC finalize and approve


the criteria for evaluation of bids? • YES / NO
(eg. number and type of equipment
required, personnel and years of
experience required)

• Advertising and • Completeness of advertisement (list deficiencies, if any)


Contents of the
Invitation to bid (IRR
Section 21)
Procurement Watch Inc.
For Procurement of Infrastructure Projects 4/4/05

1. Name and location of contract • YES / NO


to be bid, project background
including brief description of
the type, size, major items of
the works, among others

2. General statement on the criteria • YES / NO


for eligibility check,
examination and evaluation of
bids, and post-qualification

3. Date, time, and place of the


• YES / NO
deadline for the submission and
(indicate date, time and
receipt of eligibility
place)
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) • YES / NO
(indicate amount)

5. Source of funding
• YES / NO
(indicate source of
funds)

6. Period of availability of bidding


documents, place where they • YES / NO
may be secured, and price of (indicate period, place
bidding documents, where and price)
applicable

7. Contract duration • YES / NO


(indicate contract
duration)

8. Name, address, telephone • YES / NO


number, fax number, e-mail and (indicate details)
website addresses as well as
designated contact persons

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For ABC costing more than five


million pesos:

• Was the advertisement published • YES / NO


twice within a maximum period of (indicate dates of
fourteen (14) calendar days with a publication)
minimum period of six (6) calendar
days between publications?

• Was it published in a newspaper of • YES / NO


general nationwide circulation in (indicate newspaper)
existence for at least 2 years?

• Was it continuously posted in the • YES / NO


website of procuring entity, if
available, during the same period of
advertisement in the newspaper?

• Was it continuously posted in the • YES / NO


G-EPS during the same period of
advertisement in the newspaper?

• Was it continuously posted in a


• YES / NO
conspicuous place in the premises
of the procuring entity, as certified
by the Head of the BAC Secretariat
of the procuring entity concerned,
during the same period of
advertisement in the newspaper?

For ABC costing five million pesos


and below:

• Was it continuously posted in the


website of procuring entity, if • YES / NO
available, for a maximum period of
fourteen (14) calendar days?

• Was it continuously posted in the


G-EPS for a maximum period of • YES / NO
fourteen (14) calendar days?

• Was it continuously posted in a


conspicuous place in the premises • YES / NO
of the procuring entity, as certified

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by the Head of BAC Secretariat of


the procuring entity concerned, for
a maximum period of fourteen (14)
calendar days?

• Letter of Intent for • Is there a registry of contractors in • YES / NO


the Procurement of the procuring entity?
Infrastructure
Projects (IRR Section • If the answer above is YES, is the • YES / NO
21.3) prospective bidder registered with
the procuring entity?

• If the answer above is YES, is the • YES / NO


prospective bidder’s registration
current and updated in the G-EPS
electronic registry, or the procuring
entity’s electronic registry already
existing upon the effectivity of the
Act and that allows electronic
submission and/or recording/entry
of eligibility requirements
simultaneously with registration?

• If the prospective bidder’s • YES / NO


registration is not updated, did the
bidder submit its updated
documents?

• After the BAC verified proper • YES / NO


submission of all registration
requirements, did the BAC issue a
certification of official registration?

• Was the above-mentioned


• YES / NO
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 • YES / NO
participate in the bidding?

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• If the answer above is YES, was the


LOI received not later than seven • YES / NO
(7) calendar days after the last day
of the period for advertising and/or
posting of the Invitation to Apply
for Eligibility and to Bid?

• Eligibility • Did the procuring entity use • YES / NO


Requirements for the standard forms/checklist of
Procurement of necessary documents for eligibility
Infrastructure as prescribed by the Government
Projects (IRR Section Procurement Policy Board?
23)
• Were the eligibility requirements or • YES / NO
statements submitted to the BAC in
the form prescribed in the IRR
Section 23.6 and in the Instruction
to Bidders? (Class A & B
Documents)

• Did the procuring entity use the • YES / NO


non-discretionary pass/fail criteria
for 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, • YES / NO


are the bidders duly licensed
and Filipino citizens?

• In case of partnerships, are they


• YES / NO
duly organized under the laws
of the Philippines and of which
at least seventy-five percent
(75%) of the interest belongs to
Filipino citizens?

• In case of corporations, are they


duly organized under laws of • YES / NO
the Philippines and of which at

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least seventy-five percent (75%)


of the outstanding capital stock
belongs to Filipino citizens?

• In case of entities forming


themselves into a joint venture, • YES / NO
is the interest of the Filipino
partner in the joint venture
concerned at least seventy-five
percent (75%) Filipino-owned?

• Where the structures to be built


require the application of • YES / NO
techniques and/or technologies,
which are not adequately
possessed by a person/entity
meeting the seventy-five
percent (75%) Filipino
ownership requirement, is the
Filipino ownership or interest
not less than twenty- five
percent (25%)?

• In case of cooperatives, are they


duly registered with the • YES / NO
Cooperatives Development
Authority (CDA)?

• Was the person/entity issued a


license by the Philippine • YES / NO
Contractors Accreditation
Board (PCAB) to engage in the
construction business?

• In the case of foreign


contractors, did they substitute
• YES / NO
the eligibility requirements
under Class A Documents with
the appropriate equivalent
documents issued by the
country of the foreign
contractor concerned? (IRR
Section 23.7)

• Did the Philippine Consulate


duly acknowledge or • YES / NO

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authenticate the above-


mentioned documents?

• Is the value of the prospective • YES / NO


bidder’s largest single completed
contract, adjusted to current prices
using the National Statistics Office
consumer price indices, and similar
to the contract to be bid, at least
fifty percent (50%) of the approved
budget?
• YES / NO
• Is the Contractors Performance
Evaluation System (CPES) rating,
and/or certificate of completion and
owner’s acceptance of the contract
satisfactory? (IRR Section
23.11.2.4)

• Did the prospective bidder present • YES / NO


any of the following: (indicate form and
amount)
1. A commitment from a licensed
bank to extend to it a credit line
of at least ten percent (10%) of
the ABC, if awarded the
contract;
2. Cash deposit certificate in an
amount not lower than that set
by the procuring entity in the
bidding documents, which shall
be at least equal to ten percent
(10%) of the ABC;
3. Net Financial Contracting
Capacity (NFCC), which must
at least be equal to the ABC

• Did the prospective bidder or its • YES / NO


duly authorized representative
certify under oath that each of the
documents submitted is an original
copy or a true and faithful
reproduction or copy of the original
and that all information contained
therein is true and correct?

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• Did the prospective bidders submit • YES / NO


their eligibility envelopes on or
before the deadline and at the place
specified in the Invitation to Apply
for Eligibility and to Bid?

• Were there prospective bidders who • YES / NO


submitted their eligibility envelopes
after the deadline?

• If the answer above is YES, did the • YES / NO


BAC reject the said submission?

• Did the BAC open the eligibility • YES / NO


envelopes on the date, time and (indicate date, time
place specified in the Invitation to and place)
apply for Eligibility and to Bid?

• Did the BAC use the non-


• YES / NO
discretionary pass/fail criteria for
the eligibility check of prospective
bidders?

• In case one or more of the required


documents for the eligibility • YES / NO
envelope of a prospective bidder is
missing, incomplete, or patently
insufficient, did the BAC declare
said prospective bidder as
ineligible?

• If a prospective bidder is rated


passed for all the eligibility • YES / NO
requirements, is he immediately
considered eligible to participate in
the bidding?

• Did the BAC declare which


prospective bidders are eligible and • YES / NO
which are ineligible?

• Did the procuring entity inform in


writing the prospective bidders of • YES / NO
their eligibility or ineligibility?

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• If a prospective bidder is found


ineligible, were the grounds for its • YES / NO
ineligibility stated in the written
notice above?

• In case a prospective bidder


determined as ineligible wishes to • YES / NO
file a request for reconsideration
with the BAC, either verbally
during 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 the • YES / NO


BAC consider the request for
reconsideration?

• Upon receipt of the request for • YES / NO


reconsideration, did the BAC
resolve the matter within seven (7)
calendar days from receipt thereof?

• Pre-bid Conference • Is the ABC one million pesos or • YES / NO


(IRR Section 22) more? (indicate amount)

• If the answer above is YES, did the • YES / NO


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

• If the answer above is YES, was the • YES / NO


pre-bid conference held at least (indicate date)
twelve (12) calendar days before
the deadline for the submission and
receipt of bids?

• Were the minutes of the pre-bid • YES / NO


conference recorded and made
available to all participants not later
than three (3) calendar days after

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the pre-bid conference?

• Did an eligible bidder submit a • YES / NO


written request for an interpretation
or clarification to the BAC?

• If the answer above is YES, was it • YES / NO


submitted at least ten (10) calendar
days before the deadline set for the
submission and receipt of bids?

• Were there any statements in the • YES / NO


pre-bid conference, which modified
the terms of the bidding
documents?

• If the answer above is YES, were • YES / NO


these specifically identified in
writing and issued as a
Supplemental/Bid Bulletin to the
bid documents and sent to all
parties who have secured the bid
documents? (IRR Section 22.5)

• Did the BAC respond through • YES / NO


Supplemental/Bid Bulletin issued at (indicate dates)
least seven (7) calendar days before
the deadline for the submission and
receipt of bids?

• Were the Supplemental/Bid


• YES / NO
Bulletins posted in the website of
(indicate date)
the procuring entity as well as in the
G-EPS? (IRR Section 22.5.3)

• Submission and • Did the bidder submit their bid • YES / NO


Receipt of Bids (IRR envelopes, sealed and duly marked,
Section 25) on or before the deadline and at the
places specified in the Invitation to
Apply for Eligibility and to Bid and
the Bidding Documents?

• Were there bidders who submitted • YES / NO

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their bid envelopes after the


deadline?

• If the answer above is YES, did the • YES / NO


BAC reject the said submission?

• Were the technical and financial • YES / NO


bids submitted in two (2) separate
sealed bid envelopes, and contained
in one outer envelope?

• Modification and • In case a bidder modified its bid, • YES / NO


Withdrawal of Bids was the modification done before
(IRR Section 26) the deadline for the submission and
receipt of bids?

• In case a bidder modified its bid, • YES / NO


did the BAC allow the bidder to
retrieve its original bid?

• In case a bidder modified its bid, • YES / NO


was the bid envelope marked
“modification” to distinguish it
from its original bid?

• In case a bidder withdrew its bid, • YES / NO


was the letter of withdrawal
submitted before the deadline for
the submission and receipt of bids?

• In case the bidder withdrew its bid,


• YES / NO
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- • YES / NO
participation done in writing and
before the deadline for the receipt
of bids?

• Bid Opening (IRR • Did the BAC open the bids at the • YES / NO
Section 29) date, time and place specified in the

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Invitation to Apply for Eligibility (indicate date, time, and


and to Bid and as stated in the place)
bidding documents?

• Did all the bidders or their duly


authorized representatives attend • YES / NO
the opening of bids?

• Were all pages of the original copy


of all bids received and opened • YES / NO
required to be initialed by all
members of the BAC or their duly
authorized representatives present
during bid opening?

• Were the minutes of the bid


opening prepared and made • YES / NO
available to the public upon written
request and payment of specified
fee?

• Preliminary • Were the first envelopes opened in • YES / NO


Examination of Bids public for the purpose of
(IRR Section 30) determining the bidder’s
compliance with the requisites
therefor?

• Was a checklist of the required • YES / NO


documents specified in the IRR
Section 25.3 prepared by the
procuring entity, and were the
submitted documents checked
against said checklist to ascertain if
they are all present in the first bid
envelope?

• Did the bids include a bid security • YES / NO


in the form prescribed by the (indicate form)
procuring entity as stated in IRR
Section 27?

• If the answer above is YES, is the • YES / NO


amount of the bid security at least (indicate amount)
equal to the specified amount as
stated in IRR Section 27.2?

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• Were the bids and bid securities • YES / NO


valid for a maximum period of 120
calendar days from the opening of
bids?

• In case of failure to enclose the bid • YES / NO


security, was the bidder
automatically disqualified?

• In case one or more of the required • YES / NO


documents in the first envelope is
missing, incomplete or patently
insufficient, did the BAC disqualify
the concerned bidder outright and
immediately return to him the
second bid envelope unopened?

• Did the BAC open only the second • YES / NO


envelopes of the bidders who
complied with the requirements for
the first envelopes?

• Did the BAC check whether or not


• YES / NO
the second envelopes contained all
the information/documents
specified in the IRR Section 25.4?

• In case one or more of the required


documents in the second envelope • YES / NO
is missing, incomplete or patently
insufficient and/or the submitted
total bid price exceeds the approved
budget for the contract, did the
BAC disqualify the concerned
bidder outright and rated the bid as
failed?

• Was there any written notice


requesting for reconsideration with • YES / NO
the BAC from a bidder whose bid
was rated as failed?

• In case a bidder determined as


failed wishes to file a request for • YES / NO
reconsideration with the BAC,
either verbally during the time of

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the bid opening or in writing within


seven (7) calendar days of bid
opening, was the request for
reconsideration due to the fault of
the bidder?

• If the answer above is YES, did the


BAC consider the request for • YES / NO
reconsideration?

• Upon receipt of the request for


reconsideration, did the BAC • YES / NO
resolve the matter within seven (7)
calendar days from receipt thereof?

• In case a bidder that failed to • YES / NO


comply with any of the
requirements for the first bid
envelope filed a motion for
reconsideration, did the BAC hold
its second bid envelope sealed and
unopened until such time the matter
is resolved?

• Bid Evaluation for the • The procuring entity determines the


Procurement of Lowest Calculated Bid (LCB)
Infrastructure (IRR through the following 2-step
Section 32) procedure:

1. Did the BAC conduct a detailed • YES / NO


evaluation of the financial
component of the bids to establish
the correct calculated prices of the
bids?

2. Was the ranking of the total bid • YES / NO


prices calculated from the lowest to
the highest in order to determine the
LCB?

• Was the evaluation of bids


• YES / NO
completed not later than fifteen (15)
calendar days from the date of
opening of bids?

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• Did the BAC prepare the • YES / NO


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 bid
prices, arranged from lowest to
highest, the amount of bid
security and the name of the
issuing entity. (IRR Section
32.5)

• Were the Abstract of Bids signed • YES / NO


by all BAC members?

• Post-Qualification • Through post-qualification, did the • YES / NO


(IRR Section 34) procuring entity ascertain, within
seven (7) calendar days from the
determination of the LCB, whether
the bidder with the LCB complies
with and is responsive to all
requirements and conditions for
eligibility and the bidding contract
as specified in the bidding
documents?

• With respect to the legal • YES / NO


requirements, 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 • YES / NO


verification, validation, and
ascertainment that the bidder with
the LCB is not included in any
Government blacklist?

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• With respect to the technical • YES / NO


requirements, did the BAC
undertake verification and
validation of the following:

1. Competence and experience of


the bidder and its key personnel
assigned to the project;
2. Availability and commitment
and/or inspection and testing of
equipment to be used for the
duration of the project;
3. Performance of the bidder in its
on-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 • YES / NO


requirements, did the BAC
undertake the verification and
validation of the following:

1. Bid price proposal;


2. Bank commitment to
provide credit line to the bidder,
if applicable;
3. Bidder’s stated net worth and
liquid assets;
4. Bidder’s net working capital;
5. Value of outstanding or
unfinished works; and
6. Bidders NFCC, whenever
applicable

• Did the bidder with the LCB pass • YES / NO


all of the post-qualification
criteria/requirements?

• If the answer above is YES, did the • YES / NO


BAC consider him post-qualified
and his bid as the Lowest
Calculated Responsive Bid
(LCRB)?

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• If the bidder with the LCB failed • YES / NO


any of the post-qualification
criteria/requirements, did the BAC
consider him post-disqualified?

• If the answer above is YES, did the • YES / NO


BAC immediately notify him in
writing that he is post-disqualified
and inform him in the same notice
of the grounds for his post-
disqualification?

• In case of post-disqualification, was • YES / NO


the post-disqualified bidder given
seven (7) calendar days from
receipt of the notice of post-
disqualification to request for a
reconsideration of the decision from
the BAC?

• In case of any such request for • YES / NO


reconsideration, did the BAC
evaluate the request using the same
non-discretionary criteria?

• If the answer above is YES, did the


• YES / NO
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- • YES / NO
disqualification, not withstanding
any 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? • YES / NO

• If the answer above is YES, and in


the event that the request for • YES / NO
reconsideration of the bidder of the
LCB is denied, did the BAC post-

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qualify the second LCB as the


bidder with the LCRB?

• In case the second bidder failed the • YES / NO


post-qualification, did the BAC
repeat the procedure for post-
qualification with the next lowest
calculated bid and so on, until the
LCRB is determined?

• Notice and Execution • Was the award of contract made • YES / NO


of Award (IRR using the submitted bid price of the (indicate contract price)
Section 37) bidder with the LCRB or the
calculated bid price, whichever is
lower?

• In the case of a Single Calculated • YES / NO


Responsive Bid as provided in IRR
Section 36, was the bidder with the
Single Calculated Responsive Bid
awarded the contract?

• Was the decision whether or not to • YES / NO


award the contract made within
fifteen (15) calendar days from the
determination and declaration by
the BAC of the LCRB?

• In the case of GOCCs and GFIs, • YES / NO


was the decision whether or not to
award the contract made within
thirty (30) calendar days from the
determination and declaration by
the BAC of the LCRB?

• Within the same period, did the • YES / NO


BAC notify all losing bidders of
their decision?

• Was the contract awarded within


• YES / NO
the bid validity period?

• Did it become necessary to extend


the validity of bids? • YES / NO

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• Did the winning bidder or its duly


authorized representative enter into • YES / NO
contract with the procuring entity
within ten (10) calendar days from
receipt of the notice of award?

• Was the Notice of Award


immediately posted in a • YES / NO
conspicuous place within the
premises of the procuring entity and
in the website of the procuring
entity and/or the G-EPS?

• Did the contract awardee post a • YES / NO


performance security, in the form
and amount prescribed in IRR
Section 39, in favor of the
Government within the time
specified by the procuring entity
after contract signing?

• Was the performance security in • YES / NO


any of the following forms and in (indicate form and
accordance with the following amount)
schedule:

1. Cash, certified check, cashier’s


check, manager’s check, bank
draft, or irrevocable letter of
credit– 5% of the total contract
price
2. Bank guarantee– 10% of the
total contract price
3. Surety bond, callable on
demand issued by surety or
insurance 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 or


• YES / NO
inability of the bidder with the
LCRB to enter into contract with
the Government and/or post the
required performance security

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within the time provided, did the


procuring entity impose the
appropriate sanctions provided for
under IRR Section 65.3?

• In case of refusal, failure or • YES / NO


inability of the bidder with the
LCRB to enter into contract with
the Government and/or post the
required performance security
within the time provided therefore,
did the procuring entity exercise its
option to consider for award the
bidder 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, • YES / NO


failure or inability, was the same
procedure above followed by the
procuring entity until an award was
made?

• When further approval of higher • YES / NO


authority is required, did the
approving authority for the contract
or his duly authorized
representative approve or
disapprove the contract, within
twenty (20) calendar days from the
receipt thereof?

• In the case of GOCCs, did the • YES / NO


approving authority for the contract
or his duly authorized
representative approve or
disapprove the contract, within
thirty (30) calendar days from the
receipt thereof?

• Did the procuring entity issue the


• YES / NO
Notice to Proceed together with the
copy of the approved contract to the
successful bidder, within seven (7)
calendar days from the date of

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approval of the contract?

• Did the procuring entity review the • YES / NO


qualifications of the bidder at any
stage of the procurement process
and find any grounds for
misrepresentation or change in the
prospective bidder’s capability to
undertake the project?

• If the answer above is YES, did it • YES / NO


result to the bidder’s ineligibility/
disqualification from submitting a
bid or obtaining an award?

• Was the procurement process from • YES / NO


opening of bids up to the award of
contract completed within three (3)
months or a shorter period as
determined by the procuring entity?

• Protests on Decisions • Was there a protest on the decisions • YES / NO


of the BAC (IRR of the BAC with respect to the
Section 55) conduct of the bidding?

• Was a prior motion for • YES / NO


reconsideration filed by the bidder
within the reglementary period and
the same has been resolved?

• Was the protest filed within seven • YES / NO


(7) calendar days from receipt by
the bidder of the resolution of the
BAC denying its motion for
reconsideration?

• Was the protest in the form of a • YES / NO


verified position paper and filed (indicate issue(s) and
with the head of the procuring amount)
entity together with a non-
refundable protest fee in an amount
equivalent to no less than one
percent (1%) of the ABC?

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Procurement Watch Inc.
For Procurement of Infrastructure Projects 4/4/05

• Was the protest resolved by the


head of the procuring entity within • YES / NO
seven (7) calendar days from
receipt thereof?

• Failure of Bidding • Did the BAC declare the bidding • YES / NO


(IRR Section 35) a failure in any of the following (indicate which
conditions: condition)

1. No prospective bidder submits


an LOI or no bids are received;
2. All prospective bidders are
declared ineligible;
3. All bids fail to comply with all
the bid requirements or fails
post-qualification
4. The bidder with the LCRB
refuses, without justifiable
cause, to accept the award of
contract and no award is made
in accordance with IRR Section
40

22

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