Revised Irr Ra 9184 (infra)

Salient IRR Revisions Procurement of Infrastructure

IRR Revisions: Infra 

Eligibility Requirements (Sec. 23) 

Legal Documents  DTI / SEC / CDA Registration  Mayor’s permit for principal place of business



Technical Documents  Statement of all on-going and completed contracts  PCAB license and registration 

Unless otherwise stated in treaty or international or executive agreement

IRR Revisions: Infra 

Eligibility Requirements (Sec. 23) 

Financial Documents  Audited Financial Statement received by the BIR  NFCC computation or Credit Line Commitment from a universal or commercial bank 

For LGUs, other banks authorized by BSP to issue said instrument

IRR Revisions: Infra 

Eligibility Requirements (Sec. 23) 

If Joint Venture  JVA  If no JVA, sworn statements by each partner that they will enter into and abide by provisions of the JVA if awarded the contract

IRR Revisions: Infra  Eligibility



Criteria (Sec. 23)

Legal Eligibility  

General rule: 75% Filipino (LOI 630) If joint venture, less than 75% is allowed if  



Not less than 25% Filipino Structures to be built require techniques not possessed by 75% Filipinos

Foreign contractors allowed if stated in treaty or international or executive agreement

IRR Revisions: Infra  Eligibility 

Criteria (Sec. 23)

Technical Eligibility  

PCAB License (RA 4566) Satisfactory CPES rating and/or certificate of completion and acceptance

IRR Revisions: Infra  Eligibility 

Criteria (Sec. 23)

Technical Eligibility 

Track Record: Single Largest Contract for Infra  



Retain at 50% But within a period of ten years

For foreign funded procurement, a different track record may be agreed upon

IRR Revisions: Infra  Eligibility 

Criteria (Sec. 23)

Financial Eligibility  

NFCC at least equal to ABC Credit Line Certificate at least equal to 10% of ABC  



Issued by Universal or Commercial Bank For LGUs: other banks certified by BSP as authorized to issue said CLC

Option to submit cash deposit certificate deleted

IRR Revisions: Infra  Submission

and Receipt of Bids (Sec. 25)



Two-Envelope System (Eligibility requirements included in the Technical Proposal)



Technical (including eligibility requirements) and Financial Proposals will now be submitted at the same time

IRR Revisions: Infra  Submission 

and Receipt of Bids (Sec. 25)

First Envelope    

Eligibility requirements Bid security Project requirements Omnibus sworn statement

IRR Revisions: Infra  Submission 

and Receipt of Bids (Sec. 25)

Second Envelope 

Financial information/documents specified in the Philippine Bidding Documents

IRR Revisions: Infra  Post-qualification



(Sec. 34)

Submission of the ff documents:    

Tax clearance Latest income and business tax returns Certificate of PhilGEPS registration Other appropriate licenses and permits required by law and stated in the Bidding Documents.

IRR Revisions: Infra 

Notice of Award (Sec. 37) 

Conditioned on the following:  

  

If joint venture, submission of JVA If foreign-funded and stated in treaty or international or executive agreement, PCAB License Posting of Performance Security Signing of Contract If required, approvals by higher authority

IRR Revisions: Infra 

Bid & Performance Securities (Secs. 27 & 39) 

Deleted certified check from acceptable forms



In general, bank issued securities must be issued by a universal/commercial bank 



However, in biddings conducted by LGUs, securities may be issued by banks certified by BSP as authorized to issue said instruments

Surety Bonds must be accompanied by certification from Insurance Commission that issuer is authorized to issue such security

IRR Revisions: Infra Form of Bid and Performance Security

Amt of Bid Security (% of the ABC)

Amt of Performance Security (% of Contract Price)

2%

10%

5%

30%

a) Cash, cashier’s/manager’s check, bank guarantee/ draft b) Irrevocable LC c) Surety bond callable upon demand

d) Combination of the foregoing Proportionate to share of Proportionate to share of form form with respect to the with respect to the total total amount of security amount of security

IRR Revisions: Infra  Warranty   

Security (Sec. 62)

Warranty period vs. Warranty security period Warranty security period reduced to 1 year Liability per stage   

From project construction to final acceptance From project completion to final acceptance From final acceptance to warranty security period

IRR Revisions: Infra  Liquidated



Damages (Sec. 68)

Adopted formula of Goods 

One-tenth of one percent (1%) of the cost of the unperformed portion for every day of delay

Thank you  Comments,

questions?