Related Administrative Measures

Department Order No. 144
Department Order No. 2

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
OFFICE OF THE SECRETARY
MANILA

In response to requests from some quarters that District Engineering Offices (DEOs) be given wider participation in the selection of contractors and bidding of projects and considering that DEOs are not yet fully computerized and limited to the Central Office computer network, the following instructions and amendments to Department Order No. 2 series of 2001,re: Guidelines in the Eligibility Processing of contractors for Civil Works Projects, are hereby assisted

1. Contractors who are not yet registered in the DPWH Registry with capabilities only for prosecution of projects costing P15 Million and below may be allowed to submit their registration documents with the DEO who shall forward the same to Central Office Bids and Awards Committee Technical Working Group (CO BAC-TWG) for inclusion in the DPWH national registry. After the expiration of 5 days from receipt of the CO BAC-TWG of said documents and be notice of deficiency is received by the contractor concerned, registration is deemed completed.
2. Various steps in the bidding process described in DO. No. 2, series 2001, namely, (a) advertisement of the Invitation to Apply for Eligibility and to Bid, (b) issuance of bid documents to eligible contractors, (c) evaluation of bids including postqualification of the lowest evaluated bidders, (d) award of contract, and (e) approval of contract shall still remain as responsibilities of Implementing Offices (DEOs/Ros/PMOs), subject to the limits of their authorities.
3. In the case of the DEOs which have jurisdiction over projects costing P15 Million and below, the BAC of these offices shall continue to undertake the usual bidding process consisting of advertisement, receiving letter of intent from contractors, receiving bids from eligible contractors, evaluation of bids and resolution of awards including the screening/processing and approving of eligibility applications of contractors in the meantime that computerization of these district offices, which will provide the database of National Registry of Contractors has not been accomplished.
4. Contractors desiring to participation the bidding of any projects costing P15 Million and below in any DEO who wish to have their eligibilities screened by the CO BAC-TWG can submit their applications for eligibility (Form NR 003) to the latter office.
5. For projects costing above P15 Million, the eligibility screening shall be done only by the CO BAC-TWG, but the other phases of the bidding process shall still be undertaken by the concerned Implementing Office (RO/PMO). Applications for eligibility screening can either be submitted directly by applicant-contractors to the Central office or to the concerned Implementing Office, which shall immediately and faithfully transmit such applications to the CO BAC-TWG. The corresponding result of such screening (Eligibility/Ineligibility Letters) shall be sent to the contractors and/or Implementing Office concerned.
6. The DEOs shall notify and allow all eligible contractors to participate in the bidding for any and all projects. In no case shall any eligible contractor be denied to secure bidding documents and to submit its bid proposal. Any infraction of this rule, which is a transgression of the bidding process and tarnishes the integrity of the Department and the government as a whole will be severely dealt with accordingly.

Any questions or clarifications on the eligibility screening process herein delegated to DEOs or in any of the steps in the bidding process can be addressed directly to the CO BAC-TWG which shall respond to such queries immediately.

This Order shall take effect immediately and supersedes all Orders and other issuance's or portions thereof inconsistent herewith. It shall be enforced while the DPWH computer network is not yet operational nationwide.

For compliance by all concerned.

SIMEON A. DATUMANONG
(Signed)

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
OFFICE OF THE SECRETARY
MANILA

Pursuant to the provisions of P.D. No. 1594 and its Implementing Rules and Regulations and to improve our contract procurement system, the DPWH, through its central Bids and Awards Committee (BAC)-Technical Working Group (TWG), has installed a computerized National Registry of Contractors for Civil Works Contracts. This provides for standardized, transparent and efficient screening or processing of the eligibility of contractors that express interest in bidding for specific contracts. It aims to ensure that only legally, technically and finally capable contractors are allowed to submit bids based on their ability to satisfactorily perform specific contracts.

In line with this, the following guidelines for the eligibility screening or processing of contractors for civil works contracts of the DPWH are hereby prescribed:

1. The concerned Implementing Offices (IOs), viz., central, regional, and district offices, through their respective BACs, shall continue to undertake the usual bidding process for specific contracts, which consists of advertisement, receipt from contractors of their applications (expressions of interest) for eligibility, notification to contractors of the results of their eligibility applications, receipt of bids from eligible contractors, evaluation of bids, and resolution of award. The exception at this initial stage, as described below, is the computerized screening/processing of the eligibility applications of contractors, which shall be done by the central BAC-TWG using the database in the said National Registry, but the contractor's applications shall come from the concerned implementing offices. Once the new communications network interlinking the central and field offices is fully installed in 2002, however, even the computerized eligibility screening shall be done by the respective implementing offices using the said database.
2. Only contractors duly registered with the said DPWH National Registry of Contractors and holding valid Contractors' Registrations Certificates (CRCs) issued by the central BAC-TWG shall be allowed by the concerned IO shall, therefore, require from each contractor-applicant a copy of his CRC before the IO issues to him an "Expression of Interest for Eligibility Processing Form" (Form NR-003, copy attached) for the contract to be bid.
3. In case of a joint venture, each member of the joint venture must submit a copy of his CRC and a copy of the joint venture agreement.<
4. For new contractors, acceptance into the said National Registry will be on a provisional basis. In order to join in the eligibility processing for a specific contract, a new contractor must enter into a joint venture with a duly registered contractor; the joint venture agreement must indicate the percentage participation of each member. The DPWH will accord full registration status to the new contractor only after the joint venture has satisfactorily competed its contract and the contractor has submitted to the DPWH his updated legal, technical, and financial records.
5. For each contract to be bid, the IO shall undertake the following:
   1. Submit, by fax/mail, to the central BAC-TWG the accomplished "Contract Profile for Eligibility Processing" (Form NR-002, copy attached), together with a copy of the advertisement of the subject contract.
   2. Receive from each contractor-applicant his accomplished Form NR-003, seeing to it that it is properly filled up and duly notarized.
   3. Submit, by fax/mail, to the central BAC-TWG Office all accomplished Forms NR-003 from contractors, in one batch, one day after the deadline for the Expression of Interest, as indicated in the advertisement.
6. Updating of contractors' legal, technical, and financial records must be done prior to their submission of the accomplished Expression of Interest Form (NR-003) for the contract which they intend to participate in.
7. The central BAC-TWG shall send, by fax/mail, the results of the eligibility processing directly to the contractors concerned. It shall also send, by fax/mail, directly to the IO concerned a summary of the said eligibility processing results within seven days after receiving the last NR-003 for the subject contract.

This order shall take effect immediately and supersedes all Orders and other issuance's or portions thereof inconsistent herewith.

For compliance by all concerned.

GREGORIO R. VIGILAR
Secretary
(Signed)