In all cases, the contract shall be awarded only to the bidder with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid. 3. After approved by the Head of the Procuring Entity of the Highest Rated Bid, the BAC shall invite the bidder concerned for negotiation and/or clarification on the following item: financial proposal submitted by the bidder, terms of reference, scope of services, methodology and work program, personnel to be assigned to job, services/facilities/data to be provided by the Procuring Entity concerned, and provisions of the contract. Bid Security. b. 4. Willful or deliberate abandonment or non-performance of the project or contract by the contractor resulting to substantial breach thereof without lawful and/or just cause. Reference to Brand Names.- Specifications for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements. Section 5. 755 and Executive Order No. Open any sealed Bid including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents, prior to the appointed time for the public opening of Bids or other documents. Objective and Process of Post-qualification. (c) Bidding Documents - refer to documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects, and Consulting Services to be provided. In case of failure or refusal to comply with this mandate, the governments shall undertake such repair works and shall be entitle to full reimbursement of expenses incurred therein upon demand. c. Those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government. Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor. Submission of bids that contain false information or falsified documents, or the concealment of such information in the Bids in order to influence the outcome of eligibility screening or any other stage of the public bidding. Alternatively, as may be deemed fit by the head of the procuring entity, there may be separate BACs where the number and complexity of the items to be procured shall so warrant. The prospective bidder shall certify under oath as to the correctness of the statements made, and the completeness and authenticity of the documents submitted. - The GPPB shall establish an equitable indemnification package for public officials providing services in the BAC, which may be in the form of free legal assistance, liability insurance, and other forms of protection and indemnification for all cost and expenses reasonably incurred by such persons in connection with any civil or criminal actions, suit or proceeding to which they may be, or have been made, a party by reason of the performance of their functions or duties, unless they are finally adjudged in such action or proceeding to be liable for gross negligence or misconduct or grave abuse of discretion. 1594 dated June 11,1978, entitled "Prescribing Policies, Guidelines, Rule and regulations for Government Infrastructure Contracts." - Bids and Bid securities shall be valid for such reasonable period of time indicated in the Bidding Documents. Procurement of. 4. Section 22. The petition shall raise pure questions of law and shall be governed by the Rule of Court. Oversight Committee. 9184 January 10, 2003. When further approval of higher authority is required, the approving authority for the contracts shall be given a maximum of twenty (20) calendar days to approve or disapprove it. Memorandum Circular no. 3. All other acts that tend to defeat the purpose of the Competitive bidding. For the procurement of infrastructure projects or consultancy contracts, lawful instructions include but are not limited. The Annual Procurement Plan shall be formulated and revised only in accordance with the guidelines set forth in the IRR. Section 61. (l) IRR - refer to the implementing rules and regulations to be promulgated in accordance with Section 75 of this Act. Professionalization of BAC, BAC Secretariat and Technical Working Group Members.- The GPPB shall establish a sustained training program for developing the capacity of the BAC's, BAC Secretariats and technical Working Groups of Procuring Entities, and proffessionalize the same. Notice and Executive of Award. Governing Principles on Government Procurement. The amount thereof shall be specified in the IRR. Section 70. Refers to R.A. 9184, entitled “An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for other Purposes,” otherwise known as the Government Procurement Reform Act. However, said bidder shall later on certify under oath as to correctness of the statements made and the completeness and authenticity of the documents submitted. Section 16. Failure to comply with the aforementioned provision shall be a ground for the automatic disqualification of the bid in consonance with Section30 of this Act. 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