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Implementing Rules and Regulations Annex A The Public Bidding Process Under R.A. 7718 (BOT Law) OPTION 1: Pre-qualification Undertaken Prior to Issuance of Request for Proposals PRIVATE SECTOR PROCESS FLOW GOVERNMENT. PROJECT ID AND Agency/L GU prepares the feesiblty study (FS) PREPARATION fad ne contractincludingallnacessary documents and submits to the Approving Bady for approval APPROVAL BY APPROVING. BODY (ICC.NEDA BOARD. LOCAL SANGGUNIANS Approving Body is given thiny (30) calendar days to approve the project and the contract. Secures pre-qualification (PQ) forms and instructions from the AgencyiLGU ADVERTISEMENT/INVITATION TO PRE-QUALIFY AND BID. Upon approval ofthe project and the contract, the AgencyiLGUPBAC publishes PQ invitation, once 1 weak for three (8) concecutive weeks (21 days), in two (2) newspapers of general circulation and in ono (1) cal paper. Said invitation shall also bo pasted continuous in the website of the Agency! LGU concerned, if available, during the statod period. For projects costing atleast USS 10 millon, the invitation may also be published in al least ne (1)intesnational publication. Likewise, Agency! LGU shall issue officiel notification of the same to project proponents registered with them. Prepares PQ documents et least thirty (30) calendar days from last date of publication of the invitation. For projects costing: at least PhP300 millon, period of preparation Isat least forty-five (45) calendar days from last date of pupication of invitation. PREPARATION OF PRE-QUALIFICATION (PQ) DOCUMENTS. Submit PQ documents Disqualified bidders may, within fiteen (15) working days from receipt of notice of disqualification, appes! to the Head of Agency ‘or netional projects, oF In the. case of local projects, tothe Head ofthe DILG unit concerned or big authorized representative. A non- refundable appeal fee shall be fled amounting 12 no less than one-half of one percent (0.5%) of the Project Cost PRE-QUALIFICATION OF BIDDERS, Agency GUPBAC shall, within thirty (30) calendar days after the deadine for the submission of PO documents, determine who emang the prospective Projact Proponents are “pre-qualified” and “disqualified”, The PEAC shall inform ere-qualified and disqualified Project Proponents within sven (7) calendar days etter spproval thereot In-case of an eppeal, the Head of Agency or DILG unit concamed shell act on the appeal within frty- five (45) working days from receipt of appeal and upon fling of a non-refundable appeal fe= ee-qualified bidders are gven about 90 t0 120 ays to prepare the bid 1D projects cost less than P300 M approximatoly 00 days 1 projects cost above P200 M - Aparoximataly 120 days ISSUANCE OF REQUEST FOR PROPOSAL (RFPVBID PREPARATION -Agency/LGU issues the request for proposaltender documents to the pre-qualiied bidders, Agency! LGU shall conduct a pre-bid conference at least 2. thity (30) calendar days before the deadline for bid submission, for projects costing lass. than Ph?300 milion, and »._ sixty (60) fo cne hundrec twenty (120) calender days belore the deadline for bid submission, ‘or projects casting P00 milion end above. Implementing Rules and Regulations The Public Bidding Process Under R.A. 7718 (BOT Law) OPTION 1: Pre-qualification Undertaken Prior to issuance of Request for Proposals PRIVATE SECTOR PROCESS FLOW GOVERNMENT Bidders suamt their proposal in two envelozes 1. first envelope - the technical proposal inclucing the bid securty; and 2. secand envelope - the finencial proposal BID SUBMISSION AND EVALUATION ‘Agency/LGU PBAC shall complete the evaluation ofthe technical proposal within thirty (30) calendar days from the dato of opening of bids. The evaluation of the financial proposal shall 0 ‘completed within fifteen (18) calendar cays tram the date the evalustion of the technical proposal shall have been completed, APPROVAL OF CONTRACT ‘AWARD PBAC submits to the Head of Agonoy/LGU Fecommendatian fer contract award within seven (calender days after complet of the financial valuation Head of AgencyLGU approves recommendation for contract award within seven (7) ealendar days after submission of PBAC recommendation. Allunsuccesstul bidders shall be infermed in wring Of the results of the bidding ‘winning Project Prapenent recelves NOA and shall comply, within thirty (80) calendar days, ‘th all he conditions and requirements indicated thoroia ISSUANCE OF NOTICE OF ‘AWARD (NOA) Head of Ageney/LGU signs and issues NOA to wining bidder, indicating, among others, the requirements for contract award to be submitted by the winning Preject Proponent Within seven (7) calondar days upon receipt of requirements for averd, the Head of AgencyiLGU shall dotormino and notify the winning Project Proponent ofits compliance of all conditons sisted in the NOA. If deadline is not met, and unless otherwise extended, the AgencyiLGU could confiscate bid security ‘The authorized signatory of the winning Project Proponent is requied to sign the contract within seven (7) calender days ftom receipt of advice from the Agenay/L GU that it has compliod wth all concitions sisted in the NOA. EXECUTIONIAPPROVAL (OF CONTRACT The authorized signatory of the AgenoyLGU is required to sign the contract within seven (7) calendar days from receipt of winning Project, Proponent of the advice from the Agonoy"LGU that the former has complied with all conditions satod in the NOA. ‘The contract shall be effective upon signing thereof by the Head of AgencyiLGU and unless ‘another date Is stipulated therein An original signed copy of the contract shell be submitted to the Approving Body within seven (7) calender days after signing Implementing Rules and Regulations The Public Bidding Process Under R.A. 7718 (BOT Law) OPTION 1: Pre-qualification Undertaken Prior to Issuance of Request for Proposals PRIVATE SECTOR PROCESS FLOW GOVERNMENT ‘Complias with conditions precedent for contract | ISSUANGE OF NOTIGE TO | AganoyiL.GU shall isoue the "Notioe to Commence implementation (usually includes financial COMMENCE: Implementation” ofthe projectto the wiring Project closure) IMPLEMENTATION & Proponent not lator than seven (7) calendar days CONTRACT from the date of approval/signing of the contract IMPLEMENTATION by the Head of Agency/LGU, Agonoy/LGU complies with conditions precesent for contract implementaton, Implementing Rules and Regulations The Public Bidding Process Under R.A. 7718 (BOT Law) = OPTION 2: Qualification Incorporated inthe Bidding Process | PRIVATE SECTOR PROCESS FLOW GOVERNMENT PROJECT ID AND Agenay/LGU prepares FS and the contract EREPARATION including all necessary documents and submits to the Approving Body for approval , ‘Approving Body is given thy (20) salendar days APPROVAL BY APPROVING Bont (Ce Noa EARS. | 1 2PRr0ve the project and the correct, LOCAL SANGGUNIANS) "ABVERTISEMENTINVITATION TO PRE-QUALIFY AND BID Upon approval of the project and the contract, the AgeneyILGU PBAC publishes invitation to qualify and bid, once a week for three (3) consecutive weeks (21 days), in two (2) owcpapers of yonoral circulatian and in one (1) local paper. Said invitation shall elso be posted continuously in the website of the Agency/L GU. concemed, if available, during the stated poriod For projects costing at least US$ 10 million, invitation may also be published in at least one (1) intemational publication. Likewse, Agency/LGU Shall issue official notification of the seme ‘0 Project Proponents registered with ther, Secures qualification forms and tender documents Bidders prepare their qualification éocuments ‘and bid proposal in about 90 to 120 days. 2 projects costing less than F300 M: approximately $9 cays b projects costing above Approximately 120 days 300M: ISSUANCE OF REQUEST FOR PROPOSAL (RFPYBID PREPARATION ‘AgencyiLGU issues the qualification fons and tha roquest for proposaliender documents to inerested bidders. AgencylLGU shall conduct a pre-bid conference at least 2 thity (20) calendar days before the deadiine {or bid submission, for projects costing less then PhP3O0 milion: and sty (60) to one huncired twenly (120) calendar ‘days bolore the deadline fer id submission, for projects casting F300 milion and above, —|__ ‘Bidders submit thelrproposalin three envelopes: 1. fist envelope - the qualifcation documents; 2, second envelope - the technical proposal, including the bid secutty, and 2. third envelope - the financial proposal Disqualified bidders may, within fitesn (15) working Gays fram receipt of notice of disqualification, appeal to the Head of Agency tor rational projects, or in the case of local projects, tothe Head ofthe DILG unit concemed or his aulhorized representative. A non- fefundablo appeal feo shall be fled amounting to no less than one-half of one percent (0.5%) of the Project Cost BID SUBMISSION AND EVALUATION ‘AgenGyLGU PBAG evaluates the qualification ocuments within fiteen (15) calendar cays from the date of opening ofthe qualification documents. Bidders shall be informed whether they aro qualified or disqualitieg, end for the latter, the reasons for disqualification. Only qualified bidders shall be allowed to participate in he bid evaluation The technical proposal shell be evaluated within thin (20) calendar days and the financial praposal within ffigen (15) calendar days. In case of an appeal, the Head of Agancy or DILG unit concemed shell act on the appeal within feriyive (48) working days from receipt of appeal ‘and upon fling of a non-refundable appeal fee Implementing Rules and Regulations PRIVATE SECTOR PROCESS FLOW "APPROVAL OF CONTRACT AWARD GOVERNMENT PBAG submits to the Head of Agenoyi GU recommendation for contact award within seven (7) calendar days after completion ofthe financial ‘evaluation, Hoad of Agoncy/LGU approves recommendation for contract awara within seven (7) calender days aller submission of PBAG recommendation. Allunsuccessiul bidders shallbe informed in witing of the results of thd bidcing Winning Project Proponent receives NOA and shell comoly, within thity (20) calender days, ‘with the conditions and requirements indicated therein ‘The authorized signatory of the winning Project Proponent is required to sign the contract within seven (7) calendar days fram receipt of advice from the Agency/LGU that it has complied wih all concions stated in the NOA. ISSUANCE OF NOTICE OF ‘ABVARD (NOA) EXECUTIONIAPPROVAL OF CONTRACT Head of AgencyiLGLU signs and issues NOA. to winning bidder, indicating, among others, the requirements for contract award to be submitied by the winning Project Proponent. Within seven (7) calendar deys upon receigt of requirements for award, the Head of Agency! LGU shell determine anc notiy the winning Project Proponentofits compliance ofall conditions stated Inthe NOA If deadline is not met, and unless ctherwise fextonded, the Agancy/LBU cauld confiscate bid secunty. ‘The euthorized signatory of the Agency GU is required to sign the contract within seven (7) calendar days from receipt of winning Project Proponent of tha advice from tha Agancy/LGU that the former has complied with all conditions slated in the NOA, The contract shall be effective upon signing thereof by the Head of AgencyLGU and unless another date is stipulated therein, ‘An original signed copy of the contract shall be submitted to the Approving Body within seven (?) calendar days ator signing Complies with conditions precedent for contract implementation (usually includes financial ciosure) ISSUANCE OF NOTICE TO ‘COMMENCE IMPLEMENTATION & (CONTRACT IMPLEMENTATION, ‘Agency/LGU shall ssve the “Notice to Commence Implementation” ofthe projectte the winningProject Proponent not later than seven (7) calendar days from the date of aporoval/signing of the contract by the Head of AgencyiLGU, AgencyiL.GU complies with concitions precedent {or contract implementatian. Implementing Rules and Regulations PRIVATE SECTOR Process for Unsolicited Proposals Under R.A. 7718 (BOT Law) PROCESS FLOW GOVERNMENT Proponent prepares and submis to the Agency! LGU 2 completa proposal, consisting of at least 3 FS, company profile, snd the draft contract, SUBMISSION OF A COMPLETE PROPOSAL ‘Agency/LGU acknowlecges receipt and advises the propenont, within seven (7) calendar days from submission, it proposal is complete, or if incomplete whal additional information is necessary. EVALUATION OF THE: PROPOSAL, If proposal is complete, AgencyiLGU evaluates the project proposal and advisos the aroponent in writing, within (20) eslendar days, whether it ‘accep or rejects the proposal, Acceptance gives the proponent the ‘Orginal Proponent” status. ‘Tha AgencylL.GU shall inform the Approving Body ofits decision to accept orto reject the unsalciled proposal. In case of acceptance, the Agency! LGU submits to the Approving Body all perinent documentation NEGOTIATION WITH ORIGINAL PROPONENT Agency/LGU shell negotiate with the Project Proponent. The Agency/LGU shall secure confirmation of the ingicative Reasonable Rate ‘of Return from the Approving Body prior to negotiation. Nogotiations shall be completes within ninety (s0) calendar davs from receipt by the Project Prapanent of urtien aatice from the Agenay/ GU to.commence negoliaton, At tha and ef the ninety (00}-calendar day negotiation period, the agency! LGU shall submit 2 report of the cesult of its negotiation with the Project Praponent to the Approving Body, APPROVAL OF THE PROJECT PROPOSAL AND CONTRACT BY THE APPROVING BODY (ICC, NEDA BOARD OR LOCAL SANGCUNIAN) ADJUSTMENTS OF TOLLS! FEESIRENTALSICHARGES Head of Agency/LGU endorses the aroposal and the contract to the Approving Body It shall be ‘accompanied by an evaluation by the Agenoy! LGU of the project's merits as justification for ‘accepting the project, “The Approving Body is given thity (30) calendar days fram receipt of the endorsement by the AgencyLGU to render 2 decision on the project and the contract. The Approving Body shal issue the Notice of Approval to the Project Praponent Prior to bidding, the AgencyiL GU shall secure ‘ther the advice of the Regulator or the approval ofthe Approving Body ar both, a the case maybe, for the predelermined formule and official price Indices for the adjustment of tolls, fees, rentals and charges thal may be granted during sontract implementation, Implementing Rules and Regulations Process for Unsolicited Proposals Under R.A. 7748 (BOT Law) PROCESS FLOW GOVERNMENT PRIVATE SECTOR Within forty-five (45) calendar days from resaigt of the Notice of Approval issued by the Approving Bady. the Original Proponent shall notify the AgeneyLGU in wilting of its acceptance ofall the terme and conditions of the approval of the Approving Body, Failure by the Original >roponent to subirit uch ‘acceptance in veiting ghall be dacmed rejection of the AgencyILGU of the unsolicited proposal ACCEPTANCE OF TERMS AND CONDITIONS BY THE ‘ORIGINAL PROPONENT The Original Proponent posts a bid bond on the first date of the publication of the salicitation for comparetive proposals, It resformats and re-submits Its proposal zecording to the requirements of the agroad TOR for the solicitation of comparative proposals, ISSUANCE OF INVITATION FOR COMPARATIVE PROPOSALS. ‘Tho Agancy/LGU PBAG shall publish the Invitation for comparative proposals after receipt of the notification from the Original Proponent thatthe latter accepts al the terms an conditions indicated in te Notice of Approval. The invitation shell be published for three (3) consocutve wooks in at Toast one (1) newspaper of general eleuiatian Seid invitaion shall also be posted continuously in the website of the AgeneyLGU concerned, i avaiable, during the stated period. For projects Costing at least USS 10 milion, the invitation may also De publised at least once (1) in atleast ene (1 international publication Comparative proponents are given sixty (60) working days te submit the proposals, reckoned from the dete of issuance of tender dacuments. Proposals shall be prepared and submitted in tineo envelopes: 1 fist envsloge -the qualification documents: 2. second envelope - the technical proposel, inclucing the bid sacunty, and 3. third envelope - the financial proposal PREPARATION AND ‘SUBMISSION OF (COMPARATIVEPROPOSALS ‘The PBAC shall oda pre-bid conference ten (10) working days after the issuance of the tender documents EVALUATION OF PROPOSALS ‘The PBAC evaluates the trst envelope within thirty (30) calendar days from the deadiine sal forthe submission of bids. The second envelope (of qualified comparative proponents shall be cevelusted within tity (30) calendar days. Finally, the third envalopo of technically camplying comparative proponents shal be evaluatod within fiteen (18) calendar days It the price of the Orginal Proponent was not disclosed in the tendar documents, it snall be fevealed upon the opening of the financial proposals of the technicelly complying comparative proponents, Implementing Rules and Regulations PRIVATE SECTOR Process for Unsolicited Proposals Under R.A.7718(B0TLaw) PROCESS FLOW GOVERNMENT The Original Proponent shell have the right to ‘match the best proposal within thirty (30) working {ays Upon the ofcial nattication by he Agency? LGU of the most advantageous financial provosal DETERMINATION OF THE ‘WINNING PROPONENT Ifthe price of the winning cornparative proponent snot matched, the winning comparative proponent shall be considered for award. In tho event of refusal, inatilfly or failure of the winning ‘comparative proponent to enter into contract with the Agency/LGU, the AgeneyiLGU concerned shall consider for award the bideer with the neat. ranked complying comparative bic whichis better than the of ofthe Original Proponent. The original proponent shall again be given the night to meich the comparative proponents bid. If no other Ccomperstive bid is determined to be better than the offer of the Original Proponent, the project shall immediately be awarded to the Original Proponent. APPROVAL OF CONTRACT ‘AWARD Winning Project Proponent receives NOA and shell comply, within thiry (80) calendar days, vith al the conditions and requirements indicated therein ISSUANCE OF NOTICE OF ‘AWARD (NOA) PAC submits to the Head of AgeneyiLGU recommendation for contract awarc within seven (?) calendar days etter completion ofthe financial evaluation. Head of Aganoy/LGU approves recommendation for contract award within seven (7) calendar days affer submission of PBAG recommendation. Allunsuccoestubiddere shal be informed in writing of te results of the iading Head of Agency. GU signs and issues NOA to wining bidder, incicating, among others, the requirements to be submitted by the winning Project Proponent within thiry (30) calender days ‘rom official receipt of the NOA Within seven (7) eslendar days upan ractint of requirements for award, the Head of Agency! LLGU shall cetermine and notify the winning Project Proponentofits compliance of alcanditons stated inthe NOA, If Geadline is not met, end unless otherwise extended, the AgeneyLGU could confiscate bid security PRIVATE SECTOR “The authorized signatory of the winning Project Proponent is required to sign the contract within seven (7) calendar days from receipt of advice from the AgencyLGU that it has complied with all conditions stated in the NOA PROCESS FLOW GOVERNMENT EXECUTIONAPPROVAL | The authorized signatory of the Agency GU ‘OF CONTRACT required to sign the contract within seven (7) calendar days from receipt of wincing Project Proponent of the advice from the Agency/LGU that the former has complied with all conditions. stated in the NOA, The contract shall be effective upon signing thereof by the Head of AgeneyGU and unless ‘another date is stipulated therein, ‘An original signed copy of the contract shall be submitied to the Approving Body within seven (7) calendar days after signing. Complies with conditions precedent for contract implementation (usually includes finencial closure) ISSUANCE OF NOTICE TO | AgencyiL.GU shall issue the “Notice to Commence COMMENCE Implementation” of the proect othe winning Projoct IMPLEMENTATION & Proponent not later than seven (7) calendar days CONTRACT IMPLEMENTATION | from the date of approval/signing of the contract by the Head of AgencyLGU, Agency.GU complies with conditions precedent for contract implementation Implementing Rules and Regulations Approval Process for Publicly Bid Projects Option 4 (Under RA 7718) PRIVATE SECTOR PROCESS FLOW GOVERNMENT = z z Agency/L.GU prepares the FS, the Project Identification and Preparation | rart contract, and necessary D documents and submits to Approving Body for approval = N_ Approving Body is given 30 ‘Approval of Proje calendar days to approve by Appropriate Body project and contract. "Sop ort Warcatoa 1 apo oon VE ber Brernment runcng = Secures ore-qualticaton (Pa) | ‘Advertiserient/invitation Publishes ® invtaton, once 2 fiorms and instructions from | week for three consecutive Agency GU L__B FIs aust and Bid} weeks (21 days) in 2 newspa- a persof general circulation and in t local paper Prepares PQ documents at least 30 calendar from last date of publication. Projects costing 300 million -at least 45 days. Preparation of Pre-qualification Documents a mi . = Agenoy/L qual Sub ES cocoon Pre-Qualification of Bidders Nosed eatin a ceoncer eva from deadline of submission. Pre-qualified bidders are given i 2 90.120 days to prepare the bid Issuance of Request for Proposal AgencyiLGU issues the RFP to the i ion pre-qualified bidders and =< P300 M—approx $0 days {RFPYBid Preperation conducts a pre-bid conference at + »P300M~ approx 120 days ae * 80 days before the deadline for bid submission for projects costing P-300M Agency/LGU BAC shall complete Bid Submission and Evaluation the evaluation within 30 days for S technical proposal and 18 days for financial proposal Submit technical and financial proposals including the bid security a Implementing Rules and Regulations Approval Process for Publicly Option 1 (Under RA 7718) Projects PRIVATE SECTOR: Winning Project Proponent receives NOA and shall comply within 30 days will all the conditions and requirements The authorized signatory of the winning Project Proponent is required to sign the contract within 7 days from receipt of advioe from the Agency/LGU that Ithas complied with all conditions stated in the NOA Complies with conditions precedent for contract, implementation PROCESS FLOW Approval of Contract Award a Issuance of Notice of Award (NOA) a Exeoution of Contract a Issuance of Notice to Procead / GOVERNMENT BAC submits to the head of Agency /LGU recommendation for contract award within 7 days after completion of the. financial evaluation. Head of Agenoy/LGU signs and issues NOA to winning bidder, Indicating, among others. the requiremonts for contract award. Within 7 days upon receipt of requirements, the Head of Agency/LGU shall determine and notify the winning Project Proponentof its compliance with all concitions stated in the NOA ‘The authorized signatory of the Agency/L GU Is required to sign the contract within 7 days from receipt of winning Project Proponent of the advice fram the Agency/L GU that the former has complies with all conditions stated in the NOA, Agency/LGU shall issue the “Notice to Commence Contract Implementation Note: Option 2 - Qualification incorporated in the Bidding Process Implementation” to the winning Project Proponent not later than 7 days from the date of signing of the contract. Agency/LGU complies with. conditions precedent for contract implementation, Implementing Rules and Regulations Approval Process for Unsolicited Proposals (Under RA 7718) PRIVATE SECTOR PROCESS FLOW GOVERNMENT Proponent prepares and submits Agency/LGU_ acknowledges to the Agency/.GU @ complete | Submission of a Complete Proposal | ‘receipt and advises the proposal, consisting of at least proponent, within 7 days for 2FS, company profile, and the submission if the proposal is draft contract complete, or if incomplete what a 2dditional information necessary If proposal is complete, Agency! Eval of the siruposal Gy. LGU evaluates the project AGENCY/LGU. proposal and advises tho proponent in writing within 30 days whether it accepts or rejects the —_ proposal. ao ‘Acceptance gives the proponent the “Original Proponent” status. Negollation aftr the Orginal Proponent | Ag=%0y/LGU shall negotiate wit the Project Proponent. Agency/ fas beon Prequalified LGU shall secure confirmation of the indicative Reasonable Rate of Return from the Approving Body prior to negotiation. Nogotiations shall be completed within 90 days. Head of Agency/.GU endorses the proposal and the contract to. the Approving Body for approval. It shall be aecompanied by an ation by the Agency/L GU of {the project's merits 2s i stop ort Warentes tpropocal ie Recommended Justification —_ for {ror Goverment Funding accopting the project, ‘The Approving Body is given 30 days to render decision on the project and the contract. Adjustment of "| Priorto bidding, the Agency! LGU Tolls/Fees/RentalsiCherges that may | shall secure alther advice of the aja ranted diiring Conk Regulator or the approval of the rte tation of the Approving Body or both for the pre-determined formula and official price indices for the adjustment of tolls, fees, rentals oa land charges that may be granted during implementation. Implementing Rules and Regulations Approval Process for Unsolicited Proposals PRIVATE SECTOR Within 45 calendar days from receipt of the NOA issued by the Approving Body, the Original Proponent shall notify the Agenoy! LGU in writing of its acceptance of all the terms and conditions of the approval of the Approving Body. The Original Proponent posts aid bond on the first date of the publication of the solicitation for comparative proposals. Comparative proponents are given sixty (60) working days to ‘submit their proposals, reckoned from the date of issuance of tender documents. The Original Proponent shallhave the right to match the best proposal within 30 working days ‘upon the official notification by the Agency/LGU of the most ‘advantageous financial proposal. (Under RA 7718) PROCESS FLOW Acceptance of Terms and Conditions by the Original Proponent a lesuance of Invitation for Comparative Proposals a Preparation and Submission of ‘Comparative Proposals a Evaluation of Proposals. a Determination of the Winning Proponent a Approval of Contract Award a GOVERNMENT ‘Agency/LGU BAC shall publish the invitation for comparative proposals after receipt of the notification from the Original Proponent that the latter accepts all the terms and conditions indicated in the NOA. The invitation shall be published for 3 consecutive weeks in at least 1 newspaper of general circulation The BAC shail hold 2 pre-bid conference 10 working days after the issuance of the tender documents. The BAC evaluates the first ‘envelope within 30 days from the deadline sot for the submission of bids; the second envelope within 30 days; and the third envelope within 15 days. The original proponent shall be given the right to match the ‘comparative proponent's bid. Ifno other comparative bid is determined to be better than the offer of the Original Proponent, the project shall immediately be ‘awarded to the Original Proponent Head of Agency/LGU approves recommendation for contract award within 7 days after submission of | PBAC recommendation Implementing Rules and Regulations Approval Process for Unsolicited mroposals, (Under RA 718) PRIVATE SECTOR Winning Project Proponent receives NOA and shall comply, within 30 days, with all the conditions and’ requirements indicated in the NOA ‘The authorized signatory of the winning Project Proponent is required to sign the contract within 7 days from receipt of advice from the Agency/LGU that it has ‘complied with all conditions stated in the Notice of Award, ‘Complies with conditions precedent for contract implementation (usually includes financial closure) PROCESS FLOW Issuance of Notice of Award a Execution of Contract a Issuance of Notice to Proceed / Contract Implementation GOVERNMENT Head of Agency/LGU signs and Issues NOA to winning bidder, in- icating, among others, the re- quirements to be submitted by the winning Project Proponent within 30 days from official receipt of the NOA. ‘The authorized signatory of the Agency/LGU is required to sign the contract within 7 days from receipt of winning Project Proponent of the advice from the Agency/.GU that the former has ‘complied with all conditions stated in the NOA. Agency/LGU shall issue the “Notice to Commence Implementation” of the project to the winning Project Proponent not later than 7 days from the date of approval’signing of the contract by the Head of Agency/LGU. Agency/LGU complies with conditions precedent for contract implementation,

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