APPENDIX 8
GUIDELINES ON PROCUREMENTS INVOLVING FOREIGN-DENOMINATED
BIDS, CONTRACT PRICES AND PAYMENT USING LETTERS OF CREDIT
1. POLICY STATEMENT
Pursuant to Section 61 of Republic Act No. 9184 and its counterpart provision in the Implementing Rules
and Regulations (IRR), for the given scope of work in procurement contracts as awarded, all bid prices
shall be considered as fixed prices and, therefore, not subject to price escalation during contract
implementation, except under extraordinary circumstances. Thus, to ensure that this policy is carried out,
it is required, as a matter of general rule and procedure, that all contracts be denominated and paid in
Philippine currency; except when the procuring entity agrees that obligations shall be settled in any other
currency at the time of payment, subject to conditions provided for under these guidelines.
2. SCOPE AND APPLICATION
These guidelines shall apply to procurement of goods involving foreign denominated bids, contract prices
in foreign and local currencies, and payments for such contracts when done through Letters of Credit
(LCs).
3. PURPOSE
These guidelines are formulated: (1) to implement the policy on fixed-pricing under Section 61 of
Republic Act No. 9184 (R.A. 9184), otherwise known as "Government Procurement Reform Act," (2) to
provide procedural details in the submission and evaluation of bids when the bidders are all-foreign or
mixed local and foreign; and finally, (3) to address situations where, by the use of letters of credit as
mode of payment to manufacturers, suppliers and/or distributors, there is a resulting increase/decrease of
the actual amount of expenditure of the procuring entity resulting from the appreciation/depreciation of the
peso from the day of bid opening through the time of the opening of LC until the time of its negotiation,
including the accrual of expenses by reason of the opening of letters of credit.
4. PREPARATION OF BIDDING DOCUMENTS
4.1. The procuring entity shall include in the Bidding Documents, as a separate item in the Schedule
of Requirements and in the Special Conditions of Contract, a provisional sum to cover the possible
increase of the actual amount of expenditure of the procuring entity resulting fromthe
appreciation/depreciation of the peso from the day of bid opening through the time of the opening of
LC until the time of its negotiation, including the accrual of expenses by reason of the opening of
letters of credit.
4.1.1. The provisional sum shall be a fixed nominal amount as may be determined by the
procuring entity depending on the type of goods to be procured. However, the provisional sum
shall not exceed ten percent (10%) of the Approved Budget for the Contract (ABC). The
provisional sum shall be included in the Annual Procurement Plan. The same shall revert to the
fund of the procuring entity as savings in case of non-use.