Revised Implementing Rules and Regulations of Republic Act No ...

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REVISED IMPLEMENTING RULES AND REGULATIONS OF R.A. 9184entity, if any, and any conspicuous place in the premises of the procuringentity. (n)37.2. Contract Signing37.2.1. The winning bidder shall post the required Performance Security and enter intocontract with the procuring entity within ten (10) calendar days from receipt bythe winning bidder of the Notice of Award. (a)37.2.2. The procuring entity shall enter into contract with the winning bidder within thesame ten (10) day period provided that all the documentary requirements arecomplied with. (a)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 andFinancial 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; andg) Other contract documents that may be required by existing laws and/orthe procuring entity concerned in the Bidding Documents, such as theconstruction schedule and S-curve, manpower schedule, constructionmethods, equipment utilization schedule, construction safety and healthprogram approved by the Department of Labor and Employment, andPERT/CPM for infrastructure projects. (a)37.3. Contract Approval by Higher AuthorityWhen further approval of higher authority is required, the approving authority for thecontract or his duly authorized representative shall be given a maximum of fifteen(15) calendar days from receipt thereof to approve or disapprove it. However, forinfrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below,the maximum period is five (5) calendar days. In the case of GOCCs, the concernedboard or its duly authorized representative shall be given a maximum of twenty-five(25) calendar days from receipt thereof to approve or disapprove it.37.4. Notice to Proceed37.4.1. The procuring entity shall issue the Notice to Proceed together with a copy ofthe approved contract to the successful bidder within three (3) calendar daysfrom the date of approval of the contract by the appropriate governmentapproving authority. However, for infrastructure projects with an ABC of FiftyMillion Pesos (P50,000,000) and below, the maximum period is two (2) calendardays. The contract effectivity date shall be provided in the Notice to Proceed bythe procuring entity, which date shall not be later than seven (7) calendar daysfrom its issuance. (a)37.4.2. The procuring entity, through the BAC Secretariat, shall post a copy of theNotice to Proceed and the approved contract in the PhilGEPS or the website of51
REVISED IMPLEMENTING RULES AND REGULATIONS OF R.A. 9184the procuring entity, if any, within fifteen (15) calendar days from the issuanceof the Notice to Proceed. (n)38. Section 38. Period of Action on Procurement Activities38.1. The procurement process from the opening of bids up to the award of contract shallnot exceed three (3) months, or a shorter period to be determined by the procuringentity concerned. All members of the BAC shall be on a “jury duty” type ofassignment until the Notice of Award is issued by the Head of the Procuring Entity inorder to complete the entire procurement process at the earliest possible time.For purposes of this section, the term “jury duty” shall be understood to mean astate by which the members give utmost priority to BAC assignment over all theother duties and responsibilities until the requirements for the said assignments athand are completed.38.2. The maximum periods and earliest possible time for action on specific procurementactivities are provided for in Annex “C” of this IRR. In case the deadline for eachactivity falls on a non-working day (i.e. Saturday and Sunday), legal holiday, orspecial non-working holiday, the deadline shall be the next working day.38.3. If no action on the contract is taken by the Head of the Procuring Entity or theappropriate approving authority within the periods specified in this IRR, the contractconcerned shall be deemed approved: Provided, however, That where furtherapproval by the Office of the President is required, the contract shall not be deemedapproved unless and until the Office of the President gives actual approval to thecontract concerned.39. Section 39. Performance Security39.1. To guarantee the faithful performance by the winning bidder of its obligations underthe contract in accordance with the Bidding Documents, it shall post a performancesecurity prior to the signing of the contract.39.2. The performance security shall be in an amount equal to a percentage of the totalcontract price in accordance with the following schedule:Form of Performance Securitya) Cash, cashier’s/manager’s check, bankdraft/guarantee confirmed by a Universal orCommercial Bank.b) Irrevocable letter of credit issued by aUniversal or Commercial Bank: Provided,however, that it shall be confirmed orauthenticated by a Universal or CommercialBank, if issued by a foreign bank.c) Surety bond callable upon demand issued bya surety or insurance company duly certifiedAmount of Performance Security(Equal to Percentage of theTotal Contract Price)Goods and Consulting Services –Five percent (5%)Infrastructure Projects – Tenpercent (10%)Thirty percent (30%)52
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