CE LAW - RA9184 - Article XI XV

ARTICLE XI
AWARD, IMPLEMENTATION
AND TERMINATION OF THE
CONTRACT
SECTION 37. Notice and Execution of Award. - Within a
period not exceeding fifteen (15) calendar days from the
determination and declaration by the BAC of the Lowest
Calculated Responsive Bid or Highest Rated Responsive
Bid, and the recommendation of the award, the Head of
the Procuring Entity or his duly authorized representative
shall approve or disapprove the said recommendation. In
case of approval, the Head of the Procuring Entity or his
duly authorized representative shall immediately issue
the Notice of Award to the bidder with the Lowest
Calculated Responsive Bid or Highest Rated Responsive
Bid.
Within ten (10) calendar days from receipt of the Notice
of Award, the winning bidder shall formally enter into
contract with the Procuring Entity. When further
approval of higher authority is required, the approving
authority for the contract shall be given a maximum of
twenty (20) calendar days to approve or disapprove it.
In the case of government owned and/or controlled
corporations, the concerned board shall take action on
the said recommendation within thirty (30) calendar
days from receipt thereof.
The Procuring Entity shall issue the Notice to Proceed
to the winning bidder not later than seven (7) calendar
days from the date of approval of the contract by the
appropriate authority. All notices called for by the terms
of the contract shall be effective only at the time of
receipt thereof by the contractor.
SECTION 38. Period of Action on Procurement
Activities. - The procurement process from the
opening of bids up to the award of contract shall not
exceed three (3) months, or a shorter period to be
determined by the procuring entity concerned.
Without prejudice to the provisions of the preceding
section, the different procurement activities shall be
completed within reasonable periods to be specified
in the IRR.
If no action on the contract is taken by the head of the
procuring entity, or by his duly authorized
representative, or by the concerned board, in the case
of government owned and/or controlled corporations,
within the periods specified in the preceding paragraph,
the contract concerned shall be deemed approved.
SECTION 39. Performance Security. - Prior to the signing
of the contract, the winning bidder shall, as a measure of
guarantee for the faithful performance of and compliance
with his obligations under the contract prepared in
accordance with the Bidding Documents, be required to
post a performance security in such form and amount as
specified in the Bidding Documents.
SECTION 40. Failure to Enter into Contract and Post
Performance Security. - If, for justifiable causes, the
bidder with the Lowest Calculated Responsive Bid or
Highest Rated Responsive Bid fails, refuses or is
otherwise unable to enter into contract with the
Procuring Entity, or if the bidder fails to post the required
performance security within the period stipulated in the
Bidding Documents, the BAC shall disqualify the said
bidder and shall undertake post-qualification for the next-
ranked Lowest Calculated Bid or Highest Rated Bid. This
procedure shall be repeated until an award is made.
However, if no award is possible, the contract shall be
subjected to a new bidding.
In the case of a failure to post the required performance
security, the bid security shall be forfeited without
prejudice to the imposition of sanctions prescribed
under Article XXIII.
SECTION 41. Reservation Clause. - The Head of the

Agency reserves the right to reject any and all Bids,
declare a failure of bidding, or not award the contract in
the following situations:
a) If there is prima facie evidence of collusion between
appropriate public officers or employees of the Procuring
Entity, or between the BAC and any of the bidders, or if
the collusion is between or among the bidders
themselves, or between a bidder and a third party,
including any act which restricts, suppresses or nullifies
or tends to restrict, suppress or nullify competition; b) If
the BAC is found to have failed in following the
prescribed bidding procedures; or c) For any justifiable
and reasonable ground where the award of the contract
will not redound to the benefit of the government as
defined in the IRR.
SECTION 42
Contract Implementation and Termination. - The rules

and guidelines for the implementation and termination of
contracts awarded pursuant to the provisions of this Act
shall be prescribed in the IRR. The rules and guidelines
shall include standard general and special conditions for
contracts.
ARTICLE XII
DOMESTIC AND FOREIGN
PROCUREMENT
SECTION 43
Procurement of Domestic and Foreign Goods. -

Consistent with the country's obligations under
international treaties or agreements, Goods may be
obtained from domestic or foreign sources and the
procurement thereof shall be open to all eligible
suppliers, manufacturers and distributors. However, in
the interest of availability, efficiency and timely delivery
of Goods, the Procuring Entity may give preference to the
purchase of domestically-produced and manufactured
goods, supplies and materials that meet the specified or
desired quality.
ARTICLE XIII
BIDDING OF PROVINCIAL
PROJECTS
SEC. 44. Bidding of Provincial Projects. - Priority programs
and infrastructure projects funded out of the annual
General Appropriations Act which are intended for
implementation within the province shall be subject to the
same public bidding and to the procurement processes
prescribed under this Act. For purposes of this Article,
Engineering District civil works projects, subject to
consultation with the concerned Members of Congress,
are included and subsumed in the term "provincial
projects" and shall be governed by this Section and
Section 45 hereof.
SECTION 45. Provincial Bidders. - Within five (5) years from
the effectivity of this Act, a contractor who participates in
the bidding of provincial priority programs and
infrastructure projects, whose principal office is within the
same province, and who submits the lowest bid among the
provincial bidders which is higher than the lowest bid made
by a contractor with principal office outside the said
province shall be granted the privilege to match the bid
made by the latter: Provided, however, That the release of
funds for said projects shall be published in a local
newspaper with the widest circulation and the website of
the DBM, the mechanisms of which shall be spelled-out in
the IRR.
ARTICLE XIV
LEASE OF COMPUTERS,
COMMUNICATIONS,
INFORMATION AND OTHER
EQUIPMENT
SECTION 46.
Lease Contracts. - Lease of construction and office

equipment, including computers, communication and
information technology equipment are subject to the
same public bidding and to the processes prescribed
under this Act.
ARTICLE XV
DISCLOSURE OF RELATIONS
SECTION 47
Disclosure of Relations. - In addition to the proposed
contents of the Invitation to Bid as mentioned under
Section 21 of this Act, all bidding documents shall be
accompanied by a sworn affidavit of the bidder that he
or she or any officer of their corporation is not related
to the Head of the Procuring Entity by consanguinity or
affinity up to the third civil degree. Failure to comply
with the aforementioned provision shall be a ground for
the automatic disqualification of the bid in consonance
with Section 30 of this Act.

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ARTICLE XI

SECTION 41. Reservation Clause. - The Head of the

Contract Implementation and Termination. - The rules

Procurement of Domestic and Foreign Goods. -

Lease Contracts. - Lease of construction and office

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