Section 14. BAC Secretariat.

- To assist the BAC in the conduct of its functions, the Head of the Procuring
Entity shall create a Secretariat that will serve as the main support unit of the BAC. The Head of the
Procuring Entity may also designate an existing organic office within the agency to serve as the
Secretariat.

Section 15. Honoraria of BAC Members.- The Procuring Entity may grant payment of honoraria to the
BAC members in an amount not to exceed twenty five percent (25%) of their respective basic monthly
salary subject to availability of funds. For this purpose, the Department of Budget and Management
(DBM) shall promulgate the necessary guidelines.

Section 16. Professionalization of BAC, BAC Secretariat and Technical Working Group Members.- The
GPPB shall establish a sustained training program for developing the capacity of the BAC's, BAC
Secretariats and technical Working Groups of Procuring Entities, and proffessionalize the same.

ARTICLE VI
PREPARATION OF BIDDING DOCUMENTS

Section 17. Form and Contents of Bidding Documents.- The Bidding Documents shall be prepared by the
Procuring Entity following the standard forms and manuals prescribed by the GPPB. The Bidding
Documents shall include the following:

(a) Approved Budget for the Contract;

(b) Instructions to Bidders, including criteria for eligibility, bid evaluation and post-qualification, as well
as the date, time and place of the pre-bid Conference (where applicable), submission of bids and
opening of bids;

(c) Terms of Reference;

(d) Eligibility Requirements;

(e) Plans and Technical Specifications;

(f) Form of Bid, Price Form, and List of Goods or Bill of Quantities;

(g) Delivery Time or Completion Schedule;

(h) Form and Amount of Bid Security;

(i) Form and Amount of Performance Security and Warranty; and,

(j) Form of Contract, and General and special Conditions of Contract.

The Procuring Entity may require additional document requirements or specifications necessary to
complete the information required for the bidders to prepare and submit their respective bids.

Section 18. Reference to Brand Names.- Specifications for the Procurement of Goods shall be based on
relevant characteristics and/or performance requirements. Reference to brand names shall not be
allowed.

Section 19. Access to Information.- In all stages of the preparation of the Bidding Documents, the
Procuring entity shall ensure equal access to information. Prior to their official release, no aspect of the
Bidding Documents shall be divulged or released on any prospective bidder or having direct or indirect
interest in the project to be procured.

ARTICLE VII
INVITATION TO BID

Section 20. Pre-Procurement Conference. - Prior to the issuance of the Invitation to Bid, the BAC is
mandated to hold a pre-procurement conference on each and every procurement, except those
contracts below a certain level or amount specified in the IRR, in which case, the holding of the same is
optional.

The pre- procurement conference shall assess the readiness of the procurement in terms of confirming
the certification of availability of funds, as well as reviewing all relevant documents and the draft
Invitation to Bid, as well as consultants hired by the agency concerned and the representative of the end
-user.

Section 21. Advertising and Contents of the Invitation to Bid. - In line with the principle of transparency
and competitiveness, all Invitations to Bid contracts under competitive bidding shall be advertised by the
Procuring Entity in such manner and for such length of time as may be necessary under the
circumstances, in order to ensure the widest possible dissemination thereof, such as, but not limited to,
posting in the Procuring Entity's premises, in newspapers of general circulation, the G-EPS and the
website of the Procuring Entity, if available. The details and mechanics of implementation shall be
provided in the IRR to be promulgated under this Act.

The Invitation to Bid shall contain, among others:

(a) A brief description of the subject matter of the Procurement;

(b) A general statement on the criteria to be used by the Procuring entity for the eligibility check, the
short listing of prospective bidders, in the case of the Procurement of Consulting Services the
examination and evaluation of Bids, and post-qualification;

(c) The date, time and place of the deadlines for the submission and receipt of the eligibility
requirements, the pre-bid conference if any, the submission and receipt of bids, and the opening of bids;

(d) The Approved Budget for the Contract to be bid;

(e) The source of funds;

(f) The period of availability of the Bidding Documents, and the place where these may be secured and;

(g) The contract duration; and

(h) Such other necessary information deemed relevant by the Procuring Entity.

Section 22. Pre-bid Conference. - At least one pre-bid conference shall be conducted for each
procurement, unless otherwise provided in the IRR. Subject to the approval of the BAC, a pre-bid
conference may also be conducted upon the written request of any prospective bidder.

The Pre-bid conference(s) shall be held within a reasonable period before the deadline for receipt of the
bids to allow prospective bidders to adequately prepare their bids, which shall be specified in the IRR.
ARTICLE VIII
RECEIPT AND OPENING OF BIDS

Section 23. Eligibility Requirements for the Procurement of Goods and Infrastructure Projects.- The BAC
or, under special circumstances specified in IRR, its duly designated organic office shall determine the
eligibility of prospective bidders for the procurement of Goods and Infrastructure Projects, based on the
bidders' compliance with the eligibility requirements within the period set forth in the Invitation to Bid.
The eligibility requirements shall provide for fair and equal access to all prospective bidders. The
documents submitted in satisfaction of the eligibility requirements shall be made under oath by the
prospective bidder or by his duly authorized representative certifying to the correctness of the
statements made and the completeness and authenticity of the documents submitted.

A prospective bidder may be allowed to summit his eligibility requirement s electronically. However, said
bidder shall later on certify under oath as to correctness of the statements made and the completeness
and authenticity of the documents submitted.

Section 24. Eligibility requirements and Short Listing for Consulting Services.- The Eligibility of prospective
bidders for the Procurement of Consulting Services shall be determine by their compliance with the
eligibility requirements prescribed for the competitive Bidding concerned, within the period stated in the
Invitation to bid. The eligibility requirements shall provide for fair and equal access to all prospective
bidders. The prospective bidder shall certify under oath as to the correctness of the statements made,
and the completeness and authenticity of the documents submitted.

A prospective bidder may be allowed to submit his eligibility requirements electronically. However, said
bidder shall later on certify under oath as to correctness of the statements made and the completeness
and authenticity of the documents submitted.

The eligible prospective bidders shall then be evaluated using numerical ratings on the basis of the short
listing requirements prescribed for the Competitive Bidding concerned, within the period stated in the
Invitation to Bid to determine the short list of bidders who shall be allowed to submit their respective
bids.

Section 25. Submission and Receipt of Bids.- A bid shall have two(2) components, namely the technical
and financial components which should be in separate sealed envelopes, and which shall be submitted
simultaneously. The bids shall be received by the BAC on such date, time and place specified in the
invitation to bid. The deadline for the receipt of bids shall be fixed by the BAC, giving the prospective
bidders sufficient time to study and prepare their bids. The deadline shall also consider the urgency of
the procurement involved.

Bids submitted after the deadline shall not be accepted.

Notwithstanding the provisions of this Section and Section 26 of this Act, the GPPB may prescribe
innovative procedure for the submission, receipt and opening of bids through the G-EPS.

Section 26. Modification and Withdrawal of Bids. - A bidder may modify his bid, provided that this is
done before the deadline for the receipt of bids. The modification shall be submitted in a sealed
envelope duly identified as a modification of the original bid and stamped received by the BAC.