Additional Eligibility Requirements

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Re: Additional Eligibility Requirements

Post by mojojojo on Tue Sep 08, 2009 10:31 am

I'm not really sure if I'm posting under the right topic, but I think it is relevant to eligibility.

I have compiled here some of the requirements that appear in some of the advertisements of the DPWH.

Propective Bidders may download the Registration and LOI Forms from the DPWH website, www.dpwh.gov.ph. The BAC will isssue hard copies of LOI Forms at the DPWH, Cebu 4th DEO, Poblacion, Dalaguete, Cebu, upon payment of a non-refundable fee of P 1,000.00 (Fee for LOI Form) for projects with Approved Budget Ceiling ranging from 10.0 M and below, as per Department Order No. 08 dated January 27, 2009. Prospective bidders that will download the LOI forms shall pay the same amount upon submission of their LOI's. Propective Bidders shall submit their accomplished Letter of Intent (LOI's) and a certified copy of Department of Labor & Employment (DOLE) Certificate of Accreditation of its Construction Company/Firm's Safety Engineer and other pertinent documents relative thereto. (posted September 8, 2009)

The BAC will issue to prospective bidders Eligibility Forms at DPWH, 2nd Negros Occidental Engineering District, Binalbagan, Neg. Occ., upon their submission of LOI/Expression of Interest (NR003) upon presentation of their original Contractor’s Registration Certificate (CRC) in person or thru their Authorized Representative as reflected in their CRC. DPWH accreditation of their Materials Engineer to be assigned to the project pursuant to D.O. No. 184, series 1999 and latest Income and Business Tax Returns duly stamped received by the BIR and Tax Clearance issued by the Collection Enforcement Division of the BIR shall be submitted per Executive Order No. 398 dated January 12, 2005. Authorization or Special Power of Attorney (SPA) must indicate the specific project for that purpose. Prospective bidders shall submit the Eligibility Requirements to the BAC at the said address. They may also obtain the results of the Eligibility Check by the BAC at the same address. (posted September 3, 2009)

To be eligible to bid for the contract, a contractor must submit a Letter of Intent (LOI) with Current Cebu City Mayor’s Permit, Certificate of Registration with PhilGEPS and an approved Activation of BIR Electronic Filing and Payment System (EFPS) and must meet the following major criteria: (a) prior registration with the DPWH, (b) Filipino citizen or 75% Filipino-owned partnership/corporation with PCAB license applicable to the type and cost of the contract, (c) completion of a similar contract costing at least 50% of ABC, and (d) Net Financing Contracting Capacity at least equal to ABC, or credit line commitment/cash deposit certificate for at least 10% of ABC. The DPWH will use non-discretionary pass/fail criteria in the eligibility check, preliminary evaluation of bids, evaluation of bids, post qualification and award.

Are these allowed? The inclusion of additional requirements purposely to discourage contractors from participating has become a practice of many government procuring entities.
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Re: Additional Eligibility Requirements

Post by RDV @ GP3i on Tue Sep 08, 2009 2:17 pm

mojojojo wrote:I'm not really sure if I'm posting under the right topic, but I think it is relevant to eligibility.

I have compiled here some of the requirements that appear in some of the advertisements of the DPWH.

Propective Bidders may download the Registration and LOI Forms from the DPWH website, www.dpwh.gov.ph. The BAC will isssue hard copies of LOI Forms at the DPWH, Cebu 4th DEO, Poblacion, Dalaguete, Cebu, upon payment of a non-refundable fee of P 1,000.00 (Fee for LOI Form) for projects with Approved Budget Ceiling ranging from 10.0 M and below, as per Department Order No. 08 dated January 27, 2009. Prospective bidders that will download the LOI forms shall pay the same amount upon submission of their LOI's. Propective Bidders shall submit their accomplished Letter of Intent (LOI's) and a certified copy of Department of Labor & Employment (DOLE) Certificate of Accreditation of its Construction Company/Firm's Safety Engineer and other pertinent documents relative thereto. (posted September 8, 2009).
DPWH has an electronic registry and under its customized procurement manual, an interested bidder, before he could participate, has to be registered first in its electronic registry of contractors. If you are already a registered contractor, you will need to submit a written LOI first. The same is true under the revised IRR, particularly for those maintaining electronic registry. In the registration, the procuring entity concerned may, therefore, request for additional documentations like the a certified copy of Department of Labor & Employment (DOLE) Certificate of Accreditation of its Construction Company/Firm's Safety Engineer and other pertinent documents relative thereto, which you mentioned is required by DPWH.


mojojojo wrote:The BAC will issue to prospective bidders Eligibility Forms at DPWH, 2nd Negros Occidental Engineering District, Binalbagan, Neg. Occ., upon their submission of LOI/Expression of Interest (NR003) upon presentation of their original Contractor’s Registration Certificate (CRC) in person or thru their Authorized Representative as reflected in their CRC. DPWH accreditation of their Materials Engineer to be assigned to the project pursuant to D.O. No. 184, series 1999 and latest Income and Business Tax Returns duly stamped received by the BIR and Tax Clearance issued by the Collection Enforcement Division of the BIR shall be submitted per Executive Order No. 398 dated January 12, 2005. Authorization or Special Power of Attorney (SPA) must indicate the specific project for that purpose. Prospective bidders shall submit the Eligibility Requirements to the BAC at the said address. They may also obtain the results of the Eligibility Check by the BAC at the same address. (posted September 3, 2009).
I think the procedure is in accordance with DPWH's customized procurement manual and also with IRR-A/revised IRR. Only those which submit written LOIs and have their registration maintained current and updated will be issued bidding documents. However, there will no longer be a separate eligibility check under the revised IRR since the bid envelopes, particularly the technical envelope, will already contain the eligibility documents. In other words, under the revised IRR, eligibility check will be done during the opening of the bids.

mojojojo wrote:To be eligible to bid for the contract, a contractor must submit a Letter of Intent (LOI) with Current Cebu City Mayor’s Permit, Certificate of Registration with PhilGEPS and an approved Activation of BIR Electronic Filing and Payment System (EFPS) and must meet the following major criteria: (a) prior registration with the DPWH, (b) Filipino citizen or 75% Filipino-owned partnership/corporation with PCAB license applicable to the type and cost of the contract, (c) completion of a similar contract costing at least 50% of ABC, and (d) Net Financing Contracting Capacity at least equal to ABC, or credit line commitment/cash deposit certificate for at least 10% of ABC. The DPWH will use non-discretionary pass/fail criteria in the eligibility check, preliminary evaluation of bids, evaluation of bids, post qualification and award.

Are these allowed? The inclusion of additional requirements purposely to discourage contractors from participating has become a practice of many government procuring entities.
The current and valid mayor's permit, for purposes of the eligibility requirement, shall be those issued by the municipality or city where the principal place of the contractor is located, and not the mayor's permit where the project or the procuring entity is located. The PhilGEPS registration, tax clearance, and BIR EFPS are no longer required during the eligibility check but will be submitted by the bidder having the LCB, within 3 c.d. from receipt of notice from the BAC that he has been declared the LCB.
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Re: Additional Eligibility Requirements

Post by engrjhez® on Tue Sep 08, 2009 7:30 pm

mojojojo wrote:x x x
Are these allowed? The inclusion of additional requirements purposely to discourage contractors from participating has become a practice of many government procuring entities.

The IRR provides minimum requirements as to legal, technical and financial aspects. Additional requirements may be required by the Procuring Entity subject to valid and justifiable grounds. Their Customized Procurement Manual as mentioned by RDV, is approved by the GPPB (no questions asked Smile). However, due to the effectivity of the Revised IRR, all sections inconsistent with the CPM shall be repealed accordingly. In the absence of specific requirements, the Revised IRR shall establish general rules.

I think this might not be entirely discouraging because once you made it to the DPWH registry, it would be of great convenience to join the rest of other procurements. On a brighter side, this will actually discourage "fly-by-night" contractors that may not really be capable to provide necessary job requirements. Very Happy
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