Requesting Entity: Municipality of Lingayen, Pangasinan
Issues Concern: Additional Requirements in the Technical Component of the Bid
Whether the procuring entity (PE) may require the bidder to include in its technical proposal the following documents: (i) construction method; (ii) construction safety; (iii) construction schedule; (iv) S-Curve; (v) manpower schedule; and (vi) equipment schedule
Section 37.2.3 of the IRR of RA 9184 provides that the said documents shall form part of the contract as may be required by existing law and/or the PE concerned in the Bidding Documents. Thus, Clause 31.4(g) of the Instruction to Bidders (ITB) provides for other documents that may be required by existing laws and/or specified in the Bid Data Sheet (BDS) by the PE, i.e. construction schedule and S-curve, manpower schedule, construction methods, equipment utilization schedule, construction safety and health program approved by the Department of Labor and Employment, and PERT/CPM.
Whether the Affidavit of Site Inspection is still required for submission as part of the bid
The Affidavit of Site Inspection was removed by the Government Procurement Policy Board in the revised IRR as part of its initiative to streamline the requirements to be submitted by the prospective bidders, increase competition, and harmonize the procurement rules and procedures for both locally-funded and foreign funded projects.
Nonetheless, we wish to point out that the Philippine Bidding Documents (PBDs) for infrastructure projects, specifically, Instructions to Bidders Clauses 6.3 and 6.4 thereof, require the bidders to inspect the site in order to determine its conditions.