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Republic Act 9184 or the Government Procurement Reform Act provides standards and regulation of the

procurement process of the government and other purposes. Under article VI: Preparation of Bidding
Documents, section 17, the form and contents of bidding documents pursuant to this Act includes the
approved budget for contract, instruction to bidders, terms of reference, eligibility requirements, plans
and technical specification, form of bid along with price form and list of goods or bill of quantities. The
bidding documents also include the delivery time or completion, schedule form and amount of bid
security, form and amount of performance security and warranty and form of contract and general
condition of contact. These contents should be complete so as to ensure to qualify in the bidding

Section 18 of RA 9184 contains prohibition to reference to brand names. In section 19 , Procuring entity
shall ensure equal access to information. Prior to their official release, no aspect of the bidding
document shall be divulged or released to any prospective bidder or person with direct or indirect
interest in the project.

Article VII on the other hand, is discussing about the Invitation to Bid. In this article all invitation to Bid
for 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 . The dissemination might include but not limited to ,posting in the Procuring
Entity’s premises, in newspaper of general circulation, the G-EPS and other legal and qualify website for
this kind of matter. Section 21 provided what an invitation of bid shall contain of. The following contents
such as a brief description of the subject matter of the Procurement, source of fund, contract duration
and other necessary information deemed relevant by the Procuring Entity.

Furthermore, Article VIII discusses eligibility requirements for procurements of goods and infrastructure,
eligibility requirements and short listing for consulting services, the submission and receipt of bids,
modification and withdrawal of bids, bid security, bid validity and bid opening. How to withdraw a bid? A
bidder may be allow to modify his bid provided that this is done before the deadline for the receipt of
bids. The modification shall be submitted in al sealed envelope duly identified as modification of the
original bid and stamped received by the Bid and Award Committee. A bidder on the other hand, may
withdraw his bid, through a letter, to express his intension not to participate in the bidding before the
deadline for the receipt of bid.

After all the bids has been submitted to the Bid and Award Committee, it is now time to evaluate.
Article IX of RA 9184 includes the Preliminary examination of bids, where the BAC examined first the
technical components of the bids using “pass/fail” criteria to determine whether all required document
are present. Only bids that are determined to contain all bid requirements of the technical component
shall be considered for opening and evaluation of their financial component. The bid shall not exceed
the upper limit price or ceiling for the bid price. The Bid prices that exceed this ceiling shall be
disqualified outright from further participating in the bidding process. Also there shall bee no lower limit
to the amount of the award.

Article X:Post Qualification, includes the process of Post-Qualification, failure of bidding, and responsive
bid submission. Pursuant to this article, if the bidder with the lowest calculated bid or highest rated bid
passes all the criteria for post-qualification, his bid shall be considered the lowest calculated responsive
bid or the highest rated responsive bid. However, if a bidder fails to meet any of the requirements or
conditions, he shall be post-disqualified and the BAC shall conduct the post- qualification on the bidder
with the second lowest or highest rated bid.

Failure to bidding occurs when no bids are received, no bids qualifies as the lowest or highest rated bid
and whenever the bidder with the highest rated/lowest calculated responsive bid refuses without
justifiable cause to accept the award of contract. Under any of these cited instances happen, the
contract shall be re-advertise and re-bid.