Currently, two key laws regulate government procurement in the Philippines:
1. Republic Act No. 12009 or the New Government Procurement Act (NGPA)
2. Republic Act No. 9184 or the Government Procurement Reform Act (GPRA)
The NGPA amended certain provisions of the GPRA. However, for aspects not covered by the NGPA, the GPRA remains applicable.
The GPRA established the Government Procurement Policy Board (GPPB) under Section 63. This independent inter-agency body oversees the proper implementation of procurement laws and ensures compliance by all government entities in procuring goods and services.
To participate in competitive bidding for government infrastructure projects, contractors must meet the requirements set by the GPPB. According to the latest 6th edition of the Philippine Bidding Documents for infrastructure works, the eligibility criteria include:
• Legal, Technical, and Financial Capability: Only bids from contractors proven to be legally, technically, and financially capable are evaluated.
• Updated PhilGEPS Registration: Bidders must submit an updated PhilGEPS Certificate of Registration and Membership, confirming their capability for the intended project.
• Experience in Similar Projects (SLCC): Bidders must have completed a single largest contract similar to the project, valued at least 50% of the approved budget for the contract.
Bidders without prior experience in similar projects may still qualify if the contract cost falls within the Allowable Range of Contract Cost (ARCC) for their Philippine Contractors Accreditation Board (PCAB) registration category.
This exemption from the Single Largest Completed Contract (SLCC) requirement allows even newly established companies to bid for government infrastructure projects, fostering wider participation in public procurement.
In addition to eligibility requirements, bidders must submit complete technical and financial documents, which vary depending on the project. These requirements are outlined in a checklist published alongside the Bidding Documents, enabling bidders to verify compliance easily.
